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IP #845
For the full report on City Council agenda packets and/or P I ilia in n I n C m m 6 agenda packets. PROJECT NO. 845 Infrastructure on Winnetka Item 8.2 1/26/09 Motion authorizing preparation of a feasibility report for construction of infrastructure improvements for Winnetka Avenue (improvement project no. 845) Item 8.1 3/9/09 Presentation and acceptance of the feasibility report and authorizing the preparation of plans and specifications for the proposed Winnetka Avenue infrastructure improvement project 845 Res. 09 -59 4/27/09 Resolution approving plans and specifications and ordering advertisement for bids for public improvement no. 845 (Winnetka Avenue infrastructure improvement project) Res. 09 -142 10/26/09 Resolution awarding contract for construction of Winnetka Avenue infrastructure to S.R. Weidema Inc. for $1,186,460.15 (improvement project no. 845) Res. 09 -150 11/09/09 Resolution approving a joint powers agreement between the city of New Hope and the city of Brooklyn Park for the Winnetka Avenue infrastructure improvements (improvement project no. 845) Res. 09 -160 12/14/09 Resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for Winnetka Avenue infrastructure improvements (New Hope improvement project no. 845) Res 2010 -52 03/22/10 Res relating to $418,644 general obligation water bond, series 2010; authorizing issuance and sale (PFA's low interest Drinking Water Revolving Fund" loan program) Res. 11 -106 7/25/11 Resolution approving change order nos. 1, 2, 3, 4, 5, and 6 for the Winnetka Avenue infrastructure project (improvement project no. 845) Res. 12 -24 1/23/12 Resolution approving change order no. 7 for the Winnetka Avenue infrastructure project (improvement project no. 845) Res. 12 -78 5/14/12 Resolution approving change order no. 8 for the Winnetka Avenue infrastructure improvement project (improvement project no. 845) Res. 12 -79 5/14/12 Resolution accepting the Winnetka Avenue infrastructure improvement project and approving the final payment request to S.R. Weidema Inc. (improvement project no. 845) COUNCIL Originating Department I Approved for Agenda I Agenda Section Development and Public Works October 26, 2009 Item No. Sy: Guy Johnson By: Kirk McDonald, Ci 921 Resolution awarding contract for construction of Winnetka Avenue infrastructure to S.R. ti'Weidema Inc. for $1,186,460.15 (improvement project no. 845) Requested Action Staff requests approval of a resolution awarding a contract for construction of improvements to Winnetka Avenue to the low and responsible bidder, S. R. Weidema Inc., in the amount of $1,186,460.15. The engineer's preliminary construction estimate was $1,450,000. Policy /Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. The city's street infrastructure management plan has identified this area for maintenance activities. Background Improvements to Winnetka Avenue, between Bass Lake Road and 62nd Avenue, were included in the city's pavement management plan for the 2006 infrastructure project. Because of utility funding restrictions for the proposed replacement of the water main, the infrastructure improvements along Winnetka Avenue were removed from the 2006 infrastructure project. The proposed project was submitted to the Minnesota Department of Transportation to be considered for the federal government's economic stimulus package. The federal government referred to the projects as "ready to go" projects that could be bid out in 90 to 120 days. On January 26, 2008, Council authorized the preparation of a feasibility report for the proposed infrastructure improvements for Winnetka Avenue. Motion by 401& 1'L6 It/ Second by we L•RFA \ Pubworks \ 2009 \ 845 Winnetka Ave. Project Award Contract Request for Action October 26, 2009 Page 2 On March 9, 2009, the city engineer presented the feasibility report for the proposed Winnetka Avenue infrastructure improvement project. Council reviewed the report and authorized the preparation of plans and specifications for the project. Council approved plans and specifications and ordered advertisement for bids at the April 27 Council meeting. A public informational meeting concerning this project was held on Tuesday, June 30. The proposed Winnetka Avenue improvements will involve street and utility infrastructure work. The infrastructure improvements include replacement of the asphalt street, spot curb and sanitary sewer replacement, storm water improvements, and replacement of the existing cast iron water main. The proposed project schedule is: • Review bids and award contract on October 26, 2009 • Start construction in May 2010 Funding Bids were received from 11 firms on September 21, 2009, with the low bidder being S. R. Weidema Inc., at $1,186,460.15. The low bidder's submittal was reviewed by the Minnesota Department of Transportation to ensure it meets the initial requirements of the federal government economic stimulus package grant program. Federal government economic stimulus funds, up to $834,000, have been set aside for the project's street construction costs. Reimbursement of the project's street related costs would only be after review and approval of the city's expenditure submittals by the state aid office. The breakdown of estimated revenue sources for the construction costs of the Winnetka Avenue infrastructure improvement project is: • Federal government's economic stimulus package (80% of eligible street cost) $816,273.25 • Utility fund Total $370,186.90* $1,186,460.15 Revenues for indirect costs will be from the city's state aid fund and from the adjacent cities for their portion of the project. 'The Winnetka Avenue project will require the issuance of debt. Staff formally submitted a request to have the w=ater main portion of the project be put on a list for funding from the state Public Facilities Authority's (PFA) "Drinking Water Revolving Fund" loan program. The project was accepted as eligible and placed on the state's 2010 list. This is another federal government economic stimulus package that is in the form of a low interest loan. A loan application is currently being assembled and will be submitted to the PFA. Attachments The engineer's memorandum, copies of the bid tabulations, the resolution awarding the contract, and a letter of authorization from the state's Office of Civil Rights is attached. LRFA \ Pubworks \ 2009 \ 845 Winnetka Ave. Project Award Contract City of New Hope Resolution No. 09 -142 Resolution awarding contract for construction of Winnetka Avenue infrastructure to S.R. Weidema Inc. for $1,186,460.15 (improvement project no. 845) WHEREAS, the city requires the assistance of a contractor in constructing infrastructure improvements to Winnetka Avenue; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the advertisement for bids for construction of the Winnetka Avenue improvement project was published in the New Hope - Golden Valley Sun Post, the official newspaper of the city, on August 20, August 27, and September 3, and in the Construction Bulletin on August 17 and August 24, 2009; and, WHEREAS, the bids for construction of the Winnetka Avenue improvement project were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 11:00 a.m. on September 21, 2009; and, WHEREAS, the bid of S. R. Weidema Inc. in the amount of $1,186,460.15 for construction of the Winnetka Avenue improvement project is the lowest responsible bid submitted; and, WHEREAS, the city engineer has recommended that Council award the contract to S. R. Weidema Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the contract for construction of the Winnetka Avenue improvement project is awarded to S. R. Weidema Inc., in the amount of $1,186,460.15. 2. That a contract between the city of New Hope and S. R. Weidema Inc. is approved, and the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 26th day of October, 2009. Mayor V Attest. AUI&L City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651- 636 -1311 www.bonestioo.com October 20, 2009 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: Winnetka Avenue Improvements Project City Project No. 854 S.P. No. 182 - 109 -06 Minn. Project No. ES10ES (035) Project No. 000034 - 08209 -0 Bid Results Dear Honorable Mayor and City Council: Ell Bids were opened for the Project stated above on Monday, September 21, 2009 at it A.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of eleven Bids. The following summarizes the results of the Bids received: Colltractor Low S.R. Weidema, Inc. #2 Astech Surface Technologies Corporation a /k /a ASTECH Corp #3 Northwest Asphalt, Inc. #4 LaTour Construction, Inc. #5 Geislinger and Sons, Inc. #6 Northdale Construction Co., Inc. #7 Burschville Construction, Inc. #8 Veit & Company, Inc. #9 Ryan Contracting Co. #10 C.S. McCrossan Construction, Inc. #11 Forest Lake Contracting, Inc. Total Base Bid $1,186,460.15 $1,191,852.70 $1,211,051.55 $1,307,862.05 $1,310,320.55 $1,384,310.93 $1,434,302.90 $1,460,465.73 $1,533,347.50 $1,681,390.55 $1,689,989.00 The low Bidder on the Project was S.R. Weidema, Inc. with a Total Base Bid Amount of $1,186,460.15. This compares to the Engineer's Estimate of $1,450,000.00. These Bids have been reviewed and found to be in order. Because this project uses federal funding through the American Recovery and Reinvestment Act (ARRA), certain requirements must be met throughout the project. One of the requirements involves the prime contractor satisfying the use of Disadvantaged Business Enterprises (DBEs) goal set by the Office of Civil Rights. Authorization must be received from the Office of Civil Rights before the project can be awarded; this approval was received October 16, 2009 (see enclosed letter). St. Paul St. Cloud Rochester Milwaukee Chicago City of New Hope Winnetka Avenue Improvements Project Page 2 September 22, 2009 If the City Council wishes to award the Project to the low Bidder, then S.R. Weidema, Inc. should be awarded the Project on the Total Base Bid Amount of $1,186,460.15. Should you have any questions, please feel free to contact me at (651) 604 -4938. Sincerely, BONESTROO Jason P. Quisberg, P.E. Enclosure N b An V a c I g O h Ht VF H N 1R iR N All 4f, YY Vf r1 N iR r/ .-� 4A M M? M N k K k N VF iR l9 o V O S� p S p St ° n S O MSSSn O P SppppSp S SSOO ppp ppp ppSp SG?C? 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'In 5 -1g zzz LU S f y- � m � o � r2ryy 2 N N Q J Q Q Q J Q 10 N N -- n- Z m { (� c Z MtNi1� J WW W W Zz Z� 'z J � a QS xx i� �c`k � Js v1 ���� °� °� a �G w y oo zz a w on C, oONtz �Q�O �� w s c� Y J ��d F �O z to x�i QQ ° ZmaC 6 ° �Z g FJ NS dSGJt3`l° JY � C7 U' C7G W as�i�=zz gzz aa aga a33��o� >� °goc >j � C ° C gm J yqqY��yq!Y���q(;4( g9W °}Q �> �J�4d �z zzz Z ccz z E3 £ j E�6 a�iilW Wu1 w >9 w z �� � yy zm pal O p0 ���+!! z G f zz�Jl� G °c�° °�° ° v�U� up J�zwz6 tt-- p Y 11uu LLuu b 1 1FU- I- I- 4- t- Ub m Ft-w C`J GG W �s gJUU WEm,z -Y2ZZ aw-�wm w t - t -- Q 4 - z w w 1 u z {- Z Z K w z ° w o. Z Z w w w w p Y m Y ° _ c`���i333s� z `�� =tn po Z V Z Uoo$ W �� ¢ � O iV io Nio�ZO OOODmO�Om O DU Op o U u t -tz.. dew N J zw�W QQQ< a m C ¢a u.+.. .�to w.- 1�wo�.r .r0 UVUV VuVU cr uUU �Y V Ut i. J(n In ( 4 z E z 1� m 01 O r1 N M C tR l0 h W 01 S t0 10 I I I T t b 1 O h f� h n n n n W OD W C W� W N m 00 2 8 C" Q O O1 4�1 O O 10 i p V' V' V' ttf ll1 V1 I 1/i V1 to IA to to x b Ln O , z f, 8H 25 5 rn O 'o L Z 2 1 �Ng E m z 6 c rL SUBJECT: S.P. 182 - 109 -06 Winnetka Ave N from CSAH 10 to 62" Ave- City of New Hope. Dear Mr. Quisberg: Please be advised that SR Weidema Inc has met the requirements for "Good Faith Efforts (GFEs)" solicitations of Disadvantaged Business Enterprises (DBE) on the above- reference project. Therefore the Minnesota Department of Transportation's (Mn/DOT) Office of Civil Rights cleared the GFEs on this project today, October 16, 2009. Enclosed are copies of the completed DBE Description of Work (Exhibit A) Form and the Contractor Payment form. Please distribute the enclosed forms to the Project Engineer assigned to this project. The Exhibit A Form should be used by the Project Engineer to monitor DBE participation on the contract. The Project Engineer should complete the bottom half of the page two of Exhibit A when the DBE's portion of the work is '/s to '/2 completed and return the form to the Mn/DOT Office of Civil Rights. The contractor is responsible for completing the Contractor. Payment Form. This form tracks payments to all contractors and vendors on federal projects. The Contractor Payment Form must be prepared in duplicate with copies being submitted to both the Project Engineer and the Mn/DOT Office of Civil Rights. Additionally, please note that Standard Specifications for Construction, Section 1908 state the following: " Unless the Contractor has presented an affidavit showing the total dollar amounts of work performed by Disadvantaged Business Enterprises (DBE), final payment may be withheld." Please inform the Project Engineer that the contractor must submit a DBE Total Payment Affidavit (copy enclosed), and that our office must approve the completed Affidavit and send you a final clearance memo concerning DBE participation prior to the authorization of any final payment on this project. Furthermore, the contractor must prepare and submit duplicate originals to both our office and the project engineer. Kelly Arneson has been assigned to this project. If you have any questions concerning this project, please . feel free to contact Kelly Arneson at (651) 366 -3323. Sincerely, Hope Jensen, Director Office of Civil Rights cc: Scott McBride, Mn/DOT Metro District Engineer Mark Channer, Mn/DOT SALT Kelly Arneson, Mn/DOT OCR File Enclosures: Contractor Payment Form DBE Total Payment Affidavit Letter to SR Weidema Inc. Exhibit A Forms An equal opportunity employer 1250 2500 Scale in feet N U Q h W T O O N S PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 Bonestroo WINNETKA AVENUE IMPROVEMENTS 3408209FOLDWG DATE:JANUARY 2009 COMM: 000034 - 08209 -0 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com October 27, 2009 Mr. Scott Weidema S.R. Weidema, Inc. 17600113 th Avenue North Maple Grove, MN 55369 Re: City of New Hope, Minnesota Winnetka Avenue Improvements Project City Project No. 845 S.P. No. 182 - 109 -06 Minn. Project No. ES10ES (035) Project No. 000034 - 08209 -0 Contract Documents 0 =1 Enclosed are four Contract Documents between you and the City of New Hope covering the above - referenced Project. Please complete Specification Document 00520 Agreement Form, Document 00610 Performance Bond, and Document 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing #201 Brooklyn Park, MN 55443 -1968 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies S.R. Weidema, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo, Attention: Jason Quisberg Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO Jason P. Quisberg, Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steven Sondrall, City Attorney JENSEN S®NDRALL & PERSELLIN, P.A. Attorneys At Law AMANDA M. FURTH GORDON L. JENSEN' ADAM J. KAUFMAN MELANIE P.PERSELLIN STEPHEN M. RINGQUIST STEVEN A.SONDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 writer's e-mail - sas @jspattorneys.com November 9, 2009 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 personal delivery Re: Winnetka Avenue Improvements City Project N.: 845 Our File No.: 99.10030 Dear Val: Enclosed please find four copies of the contract and bonds for the referenced project, as well as the Certificate of Insurance received from SR Weidema, Inc. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director Jason Quisberg, City Engineer P:\Attorney \SAS \1 Client Files\2 City of New Hope \99 -10030 (Public Works general) \Leone Itr 2009 Winnetka Avenue Lnp.(845).doc t °t{ 1t J Y November 18, 2009 Mr. Scott Weidema S.R. Weidema, Inc. 17600113th Avenue North Maple Grove, MN 55369 SUBJECT: Winnetka Avenue Improvements (Improvement Project No. 845) Enclosed are two fully executed copies of the contract documents for New Hope Project No. 845. One copy is for your records and the second copy should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on October 26, 2009, for $1,186,460.15. Enclosed is return of your bid bond. Also enclosed is a "Withholding Affidavit for Contractors" (IC -134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Sincerely, / 1 1a Valerie Leone City Clerk, CMC enc. cc: Jason Quisberg, City Engineer (Project No. 000034 - 08209 -0) Steve Sondrall, City Attorney (File No. 99- 10030) Guy Johnson, Director of Public Works 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763- 531 -5170 + Public Works: 763- 592 -6777 ® TDD: 763- 531 -5109 City= Hall Fax: 763- 531 -5136 « Police Fax: 763- 531 -5174 « Public Works Fax: 763- 592 -6776 COUNCIL aim Originating Department Approved for Agenda I Agenda Section Public Works November 9, 2009 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 1 6.10 Resolution approving a joint powers agreement between the city of New Hope and the city of Brooklyn Park' for the Winnetka Avenue infrastructure improvements (New Hope improvement project No. 845) Requested Action Staff requests approval of a resolution approving a joint powers agreement between the city of New Hope and the city of Brooklyn Park for construction of Winnetka Avenue infrastructure and associated utility improvements. Policy /Past Practice Because of economics and efficiencies, 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 city of Brooklyn Park and the city of New Hope in undertaking the project in the area of Wimaetka Avenue and 62nd Avenue. The agreement establishes that the city of New Hope is the lead agency and is responsible for bidding the project and managing the construction. Besides resurfacing of the street, the project will also include curb and sidewalk replacement wherever necessary, and storm water infrastructure improvements wherever necessary. The agreement has been approved by the city of Brooklyn Park. A similar agreement from the city of Crystal will be presented in the near future. Funding The city engineer's original estimated cost of Brooklyn Park's proposed work in the area of 62nd Avenue and Winnetka Avenue was $4,200. Final cost will be apportioned using the actual unit bid prices and the final quantities as measured by New Hope's city engineer. Funding would be from the Federal government's economic stimulus package, the city's storm water fund, and state aid funds. The city of New Hope would be Motion by LL Second by l:ARFA \PUBW0RKS \2009 \845 Winnetka Ave. Brooklyn Park Agreement.doc Request "for action November 9, 2009 Page 2 reimbursed by the city of Brooklyn Park for their portion of the improvements in the area of 62nd Avenue and Winnetka Avenue. Attachments Copies of the resolution and the agreement are attached. I: \RFA \PUBWORKS \2009 \845 Winnetka Ave. Brooklyn Park Agreement.doc City of New Hope Resolution No. 09 — 150 Resolution approving a joint powers agreement between the city of New Hope and the city of Brooklyn Park for the Winnetka Avenue infrastructure improvements (New Hope improvement project no. 845) WHEREAS, the city of New Hope and the city of Brooklyn Park have been negotiating to bring about improvements in the area of 62nd Avenue and Winnetka Avenue; and, WHEREAS, said improvements consist of resurfacing the street roadway, and replacement of concrete curb and gutter, sidewalk, and storm water where necessary; and, WHEREAS, the city of New Hope, through its consultant Bonestroo, has prepared plans and specifications for the improvements to be completed; and, WHEREAS, a joint powers agreement has been prepared between the city of New Hope and the city of Brooklyn Park setting forth the scope of work for the improvements, and the terms and conditions for sharing project costs. 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 joint powers agreement between the city of New Hope and the city of Brooklyn Park for New Hope Project No. 845 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 9th day of November, 2009. Mayor Attest: Ld �TL{...Q_.- City Clerk JOINT POWERS AGREEMENT WINNETKA AVENUE INFRASTRUCTURE PROJECT (New Hope Project 845) THIS AGREEMENT ( "Agreement ") is made and entered into this / day of , 2009, by and between the City of New Hope, a municipal corporation under the laws of the State of Minnesota (hereinafter "New Hope "), and the City of Brooklyn Park, a municipal corporation under the laws of the State of Minnesota (hereinafter `Brooklyn Park "), collectively referred to as the "Cities ". WITNESSETH: WHEREAS, the intersection of 62" Avenue North and Winnetka Avenue North (hereinafter "Shared Intersection ") is an intersection shared by and boarding both Cities and the Cities have been negotiating to bring about the improvement of this Shared Intersection as shown on the plans for New Hope Project No. 845, which improvement contemplates and includes street and storm sewer improvements and related infrastructure work; and WHEREAS, portions of the Shared Intersection of New Hope Project No. 845 lies within the corporate limits of both Cities; and WHEREAS, New Hope has prepared plans and specifications for the construction of said project; and WHEREAS, New Hope has prepared a cost estimate for said project which estimate shows the total project cost to be One Million Seven Hundred Twenty -Nine Thousand and 00 /100 Dollars ($1,729,000.00). WHEREAS, as detailed in Exhibit A attached hereto and made a part hereof, the project cost estimate for the street and storm sewer improvements of that portion of the Shared Intersection located within Brooklyn Park is Twelve Thousand Four Hundred and 00 /100 Dollars ($12,400.00). Further, Brooklyn Park's total cost responsibility shall be reduced by $8,200.00 to Four Thousand Two Hundred and 00 /100 Dollars ($4,200.00) if New Hope is successful in receiving Federal Funding for the project under the American Recovery and Reinvestment Act (ARRA); and WHEREAS, Brooklyn Park hereby approves New Hope's plans and specifications for New Hope Project No. 845 and agrees to pay its portion of the total project costs as set out in Exhibit A; and WHEREAS, it is contemplated that this project will be carried out by the Cities under the provisions of Minn. Stat § 471.59. 11 New Hope has advertised for bids for New Hope Project No. 845, 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(s) at the unit prices specified in the bid(s) of such bidder(s), all according to the procedures set forth in Minn. Stat Chapter 429. The contract(s) will include the plans and specifications prepared by New Hope and /or its agents for New Hope Project No. 845, which plans and specifications, as the same may be amended from time to time, are by this reference made a part of this Agreement. IN New Hope will administer all aspects of New Hope Project No. 845 and will inspect all completed work. The City Engineer of Brooklyn Park shall cooperate with the New Hope Engineer and the New Hope Engineer's staff upon request, to the extent necessary, to aid in 2 administration of New Hope Project No. 845 but will have no responsibility for the supervision of any of the work contemplated by this Agreement. up The Cities agree that New Hope may, within the general scope of the original plans for New Hope Project No. 845, make changes in the plan specifications or in the character of the intended improvements. Said changes may include changes which alter the proportionate cost sharing originally envisioned by New Hope and Brooklyn Park, provided that such changes are reasonably necessary to cause work for New Hope Project No. 845 to be in all things performed and contemplated in a satisfactory manner. It is further agreed by the Cities that New Hope may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with New Hope's contractor(s) for the performance of any additional project work, including but not limited to contracts for new construction or for construction occasioned by any necessary, advantageous or desirable changes in the original project plans. IV. Brooklyn Park agrees to grant temporary construction easements to New Hope over those lands owned by Brooklyn Park that are a part of the required right -of -way for the construction contemplated by this Agreement. Said easements shall be granted at no cost to New Hope. V. Brooklyn Park shall reimburse New Hope for Brooklyn Park's share of the total project costs for work related to the Shared Intersection, and the total final project costs for calculating said portion of New Hope Project No. 845 shall be under the terms and provisions defined in the New Hope Engineer's initial project cost estimate and as further set forth in Exhibit A of this Agreement. 3 M Project costs to be apportioned between the Cities pursuant to this Agreement shall include a fee of 20% of the total of all costs for construction, said fee to compensate New Hope for a portion of its legal, engineering, and administrative costs relating to New Hope Project No. 845. It is further agreed that the New Hope Engineer's estimate set forth as Exhibit A of this Agreement is only an estimate of the construction costs for the work contemplated by this Agreement and that the unit prices set forth in the contract with the successful bidder(s) and the final quantities as measured by the New Hope Engineer shall govern in computing the total final contract construction cost and the related apportionment between the Cities as contemplated by this Agreement. on Within sixty (60) days after the latter of an award by New Hope to the successful bidder(s) or approval of this Agreement, Brooklyn Park shall deposit with the New Hope Director of Finance ninety percent (90 %) of Brooklyn Park's estimated share of the construction costs for the construction contemplated by this Agreement. Said estimated share shall be based on actual contract unit prices for estimated quantities shown on New Hope's plans for New Hope Project No. 845. The remaining ten percent (10 %) is to be paid to New Hope upon the completion of the project and submittal to Brooklyn Park of a copy of the New Hope Engineer's final cost report for the project, which report shall show each City's final shares of construction, engineering and other project costs. Upon payment by New Hope of the final amount due to the successful bidder(s), any amount remaining as a balance between the amounts deposited and the final share of project 0 costs for Brooklyn Park will be returned to Brooklyn Park. Likewise any amount due New Hope by Brooklyn Park after payment by New Hope of the final amount due to the successful bidder(s) shall then be paid by Brooklyn Park as its final payment for the construction cost of the project. VIII. In the event, after consultation with and approval by the Brooklyn Park Engineering staff, the New Hope Engineer and /or the Engineer's staff determine the need to amend any project contract with a supplemental agreement or with a change order which results in an increase in that contract amount, Brooklyn Park hereby agrees to remit, within thirty (30) days of notification by New Hope of any such change, an amount equal to ninety percent (90 %) of the estimated Brooklyn Park share as documented in the supplemental agreement or change order. The remaining ten percent (10 %) of Brooklyn Park's share is to be paid to New Hope upon the completion of New Hope Project No. 845 and submittal to Brooklyn Park of a copy of the New Hope Engineer's final report for the project showing each City's final shares of construction, engineering and other project costs. IX'. Record drawings shall be provided by New Hope to Brooklyn Park within 90 days of New Hope's final payment to the contractor(s) retained to complete work for New Hope Project No. 845, All records kept by a City with respect to this Agreement shall, except to the extent protected by attorney client privilege, be subject to examination upon request by the representatives of the other City. a It is agreed that each City shall, at its own expense, remove and replace all of its respectively owned signs that are within the construction limits of New Hope Project No. 845. 5 Removal and replacement operations shall be coordinated with the project construction activities through the New Hope Project Engineer. M If detouring of traffic is necessary during the construction contemplated by this Agreement, the detour routes shall be mutually agreed upon by the Cities. All guide signs, regulatory signs and pavement markings shall be furnished, installed and maintained by New Hope's contractor(s) as part of the construction contract(s) managed by New Hope. New Hope will not be responsible for any damage caused by increased traffic generated on any municipal streets as a result of the construction contemplated by this Agreement. on It is further agreed that each party to this Agreement shall not be responsible or liable to each other or to any other person for any claims, damages, actions or causes of actions of any kind or character arising out of or by reason of the performance of any work or part thereof by the other as provided herein; and each party further agrees to defend at is sole cost and expense any action or proceeding commenced for the purpose of asserting any claims of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. It is further agreed that any and all employees of each City and all other persons engaged by that City in the performance of any work or services required or provided as contemplated by this Agreement shall not be considered employees of the other City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minriesota on behalf of said employees while so engaged and Col 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 as contemplated by this Agreement shall in no way be the obligation or responsibility of the other City. XIV. The provisions of Minn. Stat § 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. CI'T'Y OF NEW OPE By: y Kathi qjmken Its:. ayor t! � By: Kirk McDonald Its: Manager Steve Lampi Its: Mayor By: / v._ ---- _ amie Verbrugge Its: Manager PAAttorney %SAS \1 Client Files \2 City of New Hope \99 -10030 (Public Works , eneral)'Joint Powers Agt- Brooklyn Park project 845.doc 7 M EXHIBIT Oh Bon e stro0 A Project: New Hope Winnetka 2335 Highway 36 W To: Guy Johnson Avenue Improvements Date: July 1, 2009 St. Paul, MN 55113 Tel 651- 636 -4600 From: Jason Quisberg Client: City of New Hope Fax 651- 636 -1311 Re: Brooklyn Park cost sharing for work on New Hope www.bonestroo.com Winnetka Avenue Improvements Project File No: 000034- 08209 -0 The New Hope Winnetka Avenue Improvements project includes street and utility work on Winnetka Avenue between Bass Lake Road and 62n Avenue North. A portion of this section of street, the intersection of Winnetka and 62n Avenues, is shared between the City of New Hope and the City of Brooklyn Park. Therefore, improvements to this intersection will benefit both New Hope and Brooklyn Park. Due to the shared benefit, cost sharing responsibilities for the proposed improvements have been discussed. We have estimated the portion of work for which payment will be the responsibility of Brooklyn Park. This project has been approved for Federal Funding under the American Recovery and Reinvestment Act (ARRA). The funding available will be applied to the total project construction cost for eligible work. The following table summarizes Brooklyn Park's estimated cost responsibility for the work included in the Winnetka Avenue Improvements project: Brooklyn Park Street Improvements $8,700 Storm Sewer Improvements $1,600 Construction Subtotal $10,300 Indirect Costs (20 %) $2,100 Project Subtotal $12,400 ARRA Funding Applied (credit) ($8,200) Total Cost Responsibility $4,200 These estimates are based on estimated quantities and estimated unit prices. Actual Bid Unit Prices and quantities used, along with the approved ARRA funding received, will dictate the final cost responsibility for the City of Brooklyn Park. I: \34\ 3408209\ Design�ohnsonjpq ^Winnetka_Brooklyn Park cost sharing Exhibit A.doc mill November 12, 2009 Mr. Kevin Larson City of Brooklyn Park 5200 85 11, Avenue North Brooklyn Park, MN 55443 Subject: Joint Powers Agreement — New Hope Project 845 Dear Kevin: Enclosed is a fully executed contract for the New Hope Winnetka Avenue Improvement Project. The estimated cost responsibility for the city of Brooklyn Park is $4,200. Please contact Guy Jolulson at 763- 592 -6766 if you have any questions. j Sincerely Valerie Leone, CMC City Clerk Enc. cc: City Engineer Public Works Director CITY OF NEW HOPE 4401 Xylon Avenue North * New Hope, Minnesota 55428 -4898 + www. ci.new - hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763 -531 -5170 * Public Works: 763 - 592 -6777 + TDD: 763 - 531 -5109 City Hall Fax: 763- 531 -5136 * Police Fax: 763 - 531 -5174 * Public Works Fax: 763 - 592 -6776 COUNCIL Originating Department Public Works By: Guy Johnson, Director Approved for Agenda December 14, 2009 Kirk McDonald, Agenda Section Consent Item No. 6.11 Resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for Winnetka Avenue infrastructure improvements (New Hope improvement project No. 845) Requested Action Staff requests approval of a resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for construction of Winnetka Avenue infrastructure and associated utility improvements. Policy /Past Practice Because of economics and efficiencies, 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 city of Crystal and the city of New Hope in undertaking the Winnetka Avenue 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. Besides resurfacing of the street, the project will also include water main replacement, storm water infrastructure improvements and curb and sidewalk replacement wherever necessary. The agreement has been approved by the city of Crystal. A similar agreement with the city of Brooklyn Park for the Winnetka Avenue project was approved by the Council on November 9. Motion by Second by To: /f, /'a /1-t; /Yu,71 6 I: \RFA \PUBWORKS \2009 \845 Winnetka Ave. Crystal Agreement.doc Request for action December 14, 2009 Page 2 Funding The city engineer's original estimated cost of Crystal's proposed work along Winnetka Avenue was $61,200. Final cost will be apportioned using the actual unit bid prices and the final quantities as measured by New Hope's city engineer. Funding would be from the Federal government's economic stimulus package, the city's storm water fund, and state aid funds. The city of New Hope would be reimbursed by the city of Crystal for their portion of the improvements along Winnetka Avenue, north of Bass Lake Road. Attachments Copies of the resolution and the agreement are attached. I: \ RFA\ PUBWORKS\ 2009\ 845 Winnetka Ave. Crystal Agreement.doc City of New Hope Resolution No. 09 - 160 Resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for Winnetka Avenue infrastructure improvements (New Hope improvement project no. 845) WHEREAS, the city of New Hope and the city of Crystal have been negotiating to bring about improvements along Winnetka Avenue, north of Bass Lake Road; and, WHEREAS, said improvements consist of resurfacing the street roadway, water main replacement, and replacement of concrete curb and gutter, sidewalk, and storm water where necessary; and, WHEREAS, the city of New Hope, through its consultant Bonestroo, has prepared plans and specifications for the improvements to be completed; 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 for the improvements, and the terms and conditions for sharing project costs. 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 joint powers agreement between the city of New Hope and the city of Crystal for New Hope Project No. 845 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 14th day of December, 2009. Attest: /' PP f ,i i C�d Mayor City Clerk 1801 M1 VVVII Al EA It E . , . ; Project (New Hope THIS AGREEMENT ( "Agreement ") is made and entered into this / 1 day of t - , 2009, by and between the City of New Hope, a municipal corporation under the laws of the State of Minnesota (hereinafter "New Hope "), and the City of Crystal, a municipal corporation under the laws of the State of Minnesota (hereinafter "Crystal "), collectively referred to as the "Cities ". WITNESSETH: WHEREAS, the Cities have been negotiating to bring about the improvement of Winnetka Avenue North, a border street between Crystal and New Hope, in the street areas lying between 58 Avenue North and 60 Avenue North (hereinafter "Border Street ") as shown on the plans for New Hope Project No. 845, which improvement contemplates and includes street and storm sewer improvements and related infrastructure work; and WHEREAS, the Border Street portion of New Hope Project No. 845 lies within the corporate limits of the Cities of New Hope and Crystal; and WHEREAS, New Hope has prepared plans and specifications for the construction of said project; and WHEREAS, New Hope has prepared a cost estimate for said project which estimate shows the total project cost to be One Million Seven Hundred Twenty -Nine Thousand and 00 /100 Dollars ($1,729,000.00). WHEREAS, as detailed in Exhibit A attached hereto and made a part hereof, the project cost estimate for the street and storm sewer improvements of that portion of the Border Street located within Crystal is One Hundred Eighty -Three Thousand Six Hundred and 00 /100 Dollars New Hope Project No. 845 but will have no responsibility for the supervision of any of the work contemplated by this Agreement. up The Cities agree that New Hope may, within the general scope of the original plans for New Hope Project No. 845, make changes in the plan specifications or in the character of the intended improvements. Said changes may include changes which alter the proportionate cost sharing originally envisioned by New Hope and Crystal, provided that such changes are reasonably necessary to cause work for New Hope Project No. 845 to be in all things performed and contemplated in a satisfactory manner. It is further agreed by the Cities that New Hope may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with New Hope's contractor(s) for the performance of any additional project work, including but not limited to contracts for new construction or for construction occasioned by any necessary, advantageous or desirable changes in the original project plans. 1W Crystal agrees to grant temporary construction easements to New Hope over those lands owned by Crystal that are a part of the required right -of -way for the construction contemplated by this Agreement. Said easements shall be granted at no cost to New Hope. Q Crystal shall reimburse New Hope for Crystal's share of the total project costs for work related to the Border Street, and the total final project costs for calculating said portion of New Hope Project No. 845 shall be under the terms and provisions defined in the New Hope Engineer's initial project cost estimate and as further set forth in Exhibit A of this Agreement. 3 costs for Crystal will be returned to Crystal. Likewise any amount due New Hope by Crystal after payment by New Hope of the final amount due to the successful bidder(s) shall then be paid by Crystal as its final payment for the construction cost of the project. M In the event, after consultation with and approval by the Crystal Engineering staff, the New Hope Engineer and /or the Engineer's staff determine the need to amend any project contract with a supplemental agreement or with a change order which results in an increase in that contract amount, Crystal hereby agrees to remit, within thirty (30) days of notification by New Hope of any such change, an amount equal to ninety percent (90 %) of the estimated Crystal share as documented in the supplemental agreement or change order. The remaining ten percent (10 %) of Crystal's share is to be paid to New Hope upon the completion of New Hope Project No. 845 and submittal to Crystal of a copy of the New Hope Engineer's final report for the project showing each City's final shares of construction, engineering and other project costs. Record drawings shall be provided by New Hope to Crystal within 90 days of New Hope's final payment to the contractor(s) retained to complete work for New Hope Project No. 845. All records kept by a City with respect to this Agreement shall, except to the extent protected by attorney client privilege, be subject to examination upon request by the representatives of the other City. a It is agreed that each City shall, at its own expense, remove and replace all of its respectively owned signs that are within the construction limits of New Hope Project No. 845. 5 this Agreement, including any attorney fees and expenses incurred in defending any such claim, to the extent of Crystal's statutory liability described in Minn. Stat. § 466.04, as amended. Nothing herein shall change or otherwise affect the liability limits established under Minn. Stat. § 466.04, as amended. The liability limitations established in Minn. Stat. § 466.04 as amended shall apply to undertakings pursuant to this Agreement, and no individual or entity may seek to increase recovery beyond the statutory amounts set forth in Minn. Stat. § 466.04 as amended by attempting to aggregate the statutory amounts. on It is further agreed that any and all employees of each City and all other persons engaged by that City in the performance of any work or services required or provided as contemplated by this Agreement shall not be considered employees of the other City, and that 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 on any of the work or services provided as contemplated by this Agreement shall in no way be the obligation or responsibility of the other City. The provisions of Minn. Stat § 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. 7 4141 Douglas Drive North • Crystal, Minnesota 55422 -1696 Tel: (763) 531 -1000 • Fax: (763) 531 -1188 - www.ci.crystal.mn.us December 2, 2009 City of New Hope Attention: Valerie Leone 4401 Xylon Ave N New Hope, MN 55428 -4898 Dear Val: Enclosed is the adopted resolution approving the Joint Powers Agreement for the Winnetka Ave Street Reconstruction Project and two original copies of the Agreement. Could you have the agreements signed and send one original back to me? Hope your holidays are filled with peace and joy! Sincerely, Janet Lewis City Clerk 1� • 101:DKIM Nte 114, MINOXMILM-35-ttlyin off WHEREAS, the City Manager's office and the City Attorney have reviewed and recommend approval of said joint powers agreement; and WHEREAS, the Council has previously approved and ordered said project; wt] WHEREAS, a joint powers agreement is an appropriate way to define the agreement between the two cities. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby approves and authorizes the Mayor and City Manager to sign the joint powers agreement between Crystal and New Hope titled "JOINT POWERS AGREEMENT — WINNETKA AVENUE INFRASTRUCTURE PROJECT" for the p urpose of reconstructing Winnetka Avenue from 56 Avenue to 62' Avenue. Jan # Lewis, City Clerk I:pubworks/projects/2009/2009-26 Winnetka Ave/newhopejpares COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works January 11, 2010 Dev. & Plannin Item No. By : Guy Johnson By: Kirk McDonald, City Manager 8.2 Resolution authorizing a grant application for a loan from the Minnesota Public Facilities Authority's (PFA) Application Clean Water Revolving Fund /Drinking Water Revolving Fund Requested Action Staff recommends that Council approve a resolution authorizing submittal of a grant application for the Minnesota Public Facilities Authority's (PFA) "Application Clean Water Revolving Fund/Drinking Water Revolving Fund" low interest loan program. If the city is successful in obtaining the loan, the funds will be used for installation of the new water main along Winnetka Avenue, between Bass Lake Road and 62nd Avenue North, Policy /Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. The city's street infrastructure management plan has identified this area for maintenance activities. Background Improvements to Winnetka Avenue, between Bass Lake Road and 62nd Avenue, were included in the city's pavement management plan for the 2006 infrastructure project. Because of utility funding restrictions for the proposed replacement of the water main, the infrastructure improvements along Winnetka Avenue were removed from the 2006 infrastructure project. The proposed project was submitted to the Minnesota Department of Transportation, to be considered for the federal government's economic stimulus package. The federal government referred to the projects as "ready to go" projects that could be bid out in 90 to 120 days. On January 26, 2008, Council authorized the preparation of a feasibility report for the proposed infrastructure improvements for Winnetka Avenue. Motion by Second by To: ,�;� t. J: X1.2 d 0 I: \RFA \PUBWORKS \2010 \845 Winnetka Ave. PFA Loan Grant.doc Request for Action January 11, 2010 Page 2 On March 9, 2009, the city engineer presented the feasibility report for the proposed Winnetka Avenue infrastructure improvement project. Council reviewed the report and authorized the preparation of plans and specifications for the project. Council approved plans and specifications and ordered advertisement for bids at the April 27 Council meeting. A public informational meeting concerning this project was held on Tuesday, June 30. Council awarded a contract for construction of the Winnetka Avenue infrastructure project on October 26, 2009. The proposed Winnetka Avenue improvements will involve street and utility infrastructure work. The infrastructure improvements include replacement of the asphalt street, spot curb and sanitary sewer replacement, storm water improvements, and replacement of the existing cast iron water main. Funding Bids were received from 11 firms on September 21, 2009, with the low bidder being S. R. Weidema Inc., at $1,186,460.15. The low bidder's submittal was reviewed by the Minnesota Department of Transportation to ensure it meets the initial requirements of the federal government economic stimulus package grant program. Federal government economic stimulus funds, up to $834,000, have been set aside for the project's street construction costs. Reimbursement of the project's street related costs would only be after review and approval of the city's expenditure submittals by the state aid office. The breakdown of estimated revenue sources for the construction cost of the Winnetka Avenue infrastructure improvement project is: • Federal government's economic stimulus package (80% of eligible street cost) $816,273.25 • Utility fund $370,186.90' Total $1,186,460.15 Revenues for indirect costs will be from the city's state aid fund and from the adjacent cities for their portion of the project. The water main replacement will require the issuance of debt. Staff formally submitted a request to have the water main portion of the project be put on a list for funding from the state Public Facilities Authority's (PFA) "Drinkuzg Water Revolving Fund" loan program. The project was accepted as eligible and placed on the state's 2010 list. This is another federal government economic stimulus package that is in the form of a low interest loan. A loan application is currently being assembled and will be submitted to the PFA. The requested resolution authorizes submittal of the grant application for the Minnesota Public Facilities Authority's (PFA) Application Clean Water Revolving Fund /Drinking Water Revolving Fund" loan program. Attachment The resolution, including language suggested by PFA, the engineer's memorandum, and excerpts from the PFA Intended Use Plan are attached. I: \RFA \PUBWORKS \2010 \845 Winnetka Ave. PFA Loan Grant.doc City of New Hope Resolution No. 2010 — __L7 Resolution authorizing a grant application for a loan from the Minnesota Public Facilities Authority's (PFA) Application Clean Water Revolving Fund/Drinking Water Revolving Fund BE IT RESOLVED that the city of New Hope is hereby applying to the Minnesota Public Facilities Authority for a loan from the Clean Water Revolving Fund /Drinking Water Revolving Fund for improvements to its drinking water system as described in the loan application. BE IT FURTHER RESOLVED that the city of New Hope estimates the loan amount to be $418,644, or the as -bid cost on the project. BE IT FURTHER RESOLVED that the city of New Hope has the legal authority to apply for the loan, and the financial, technical, and managerial capacity to repay the loan and ensure proper construction, operation, and maintenance of the project for its design life. BE IT FURTHER RESOLVED that the city of New Hope hereby expresses its official intent to use proceeds of this loan to reimburse construction expenditures made prior to the issuance of its general obligation bond to the Public Facilities Authority. I CERTIFY THAT the above resolution was adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 11th day of January, 2010. Attest:C City Clerk Mayor 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651- 636 -1311 www.bonestroo.com January 5, 2010 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Winnetka Avenue Improvements — PFA DWRLF Application Client Project No.: 845 Bonestroo File No.: 000034 - 08209 -0 Dear Guy: S= The City is applying for a loan through the Public Facilities Authority (PFA) to assist with the cost of the water main improvements included on the Winnetka Avenue Improvements project. One of the loan application submittal requirements is that the City pass a resolution authorizing the submittal of the Drinking Water Revolving Loan Fund application to the Minnesota PFA. The resolution also includes a reimbursement clause enabling the City to be reimbursed if expenditures are made prior to execution of the loan contract. We recommend that the City Council pass the prepared Drinking Water Revolving Loan Fund Resolution at the January 11 meeting. The application deadline is February 17 however, the goal is submit the application in mid January to allow time for revisions or preparation of additional information should it be requested. Note this resolution does not authorize City officials to execute an agreement on behalf of the City. Should the loan be approved, a second resolution will be required that would allow the City to enter into a contract with the PFA. Sincerely, Jason Quisberg, PE DRAFT- 0712212009 Winnesot Authority b A46 lic „ Facil Drinking Water Revolving Fund 2010 Intended Use Plan I. Introduction The federal Safe Drinking Water Act Amendments of 1996 authorized the Drinking Water State Revolving Fund program to provide funds to states to finance drinking water projects and activities to protect public health and achieve or maintain compliance with the Safe Drinking Water Act. The Act authorizes the U.S. Environmental Protection Agency to award annual capitalization grants to each state to capitalize a state revolving fund, which the state can use to provide loans and other assistance to public water systems. Each state must provide a state match of at least 20% to receive the federal funds. As part of its capitalization grant application, each state must annually prepare an Intended Use Plan (IUP), which describes the intended uses of available funds. The Minnesota Legislature established the Drinking Water Revolving Fund (DWRF) under Minnesota Statutes Section 446A.081 to receive federal capitalization grants and state matching funds. The Minnesota Public Facilities Authority (PFA) is responsible for managing the Fund and its assets. The PFA is authorized to prepare the annual IUP based on the Project Priority List prepared by the Minnesota Department of Health (MDH). The PFA is also responsible for the financial administration of the loan program, including reviewing loan applications, setting the rates, terms and conditions of the loans, and selling revenue bonds to leverage additional loan funds. In addition to preparing the Project Priority List, the MDH is responsible for reviewing projects to ensure they meet technical and environmental requirements and administering various set -aside activities authorized under the Act. The 2010 iIUP identifies projects and activities the PFA intends to fund from the DWRF in state fiscal year (FY) 2010 (July 1, 2009 to June 30,20 10). To fund these projects and activities, the PFA expects to use funds from federal capitalization grants, loan repayments and PFA revenue bond proceeds. II. American Recovery and Reinvestment Act (ARRA) of 2009 On February 17, 2009 the President signed into law the American Recovery and Reinvestment Act (ARRA) of 2009 which included funds appropriated for drinking water infrastructure projects through the Drinking Water State Revolving Funds. The objective of the ARRA funds is to expeditiously fund eligible projects that simultaneously will create jobs, promote economic recovery, and generate long -term benefits from infrastructure investment. Minnesota's ARRA DWRF 2010IUP DRAFT - 07/22/2009 allotment for the Drinking Water State Revolving Fund was $35,110,000, with requirements that not less than 50% of the funds be provided as additional subsidization (principal forgiveness or grants) and a minimum of 20% be used for projects that address green infrastructure, energy and water efficiency improvements, or other environmentally innovative activities ( "green infrastructure "). On April 8, 2009 the Governor signed Senate File 1329 (codified as Minnesota Laws 2009, Chapter 16), specifying the funding process and criteria the State would use to determine the eligible projects and funding amounts for ARRA drinking water funds. On April 13, 2009, following a public comment period, the PFA amended its 2009 DWRF IUP to add additional potentially eligible projects from the 2009 Project Priority List. The 2009 IUP amendment also stated Minnesota's intent to transfer $10,533,000 (30 %) of the allotted ARRA drinking water funds to the Clean Water State Revolving Fund, bringing the net amount available for drinking water projects to $24,577,000. The federal drinking water ARRA funds were officially awarded to the PFA on May 27, 2009 and the PFA begin awarding funds to eligible projects on June 2, 2009. To date the majority of non- green drinking water ARRA funds have been committed to projects on the 2009 IUP, with the remaining $3.3 million of non -green funds expected to be committed to projects on the 2009 IUP by early August 2009. The total drinking water green project reserve of approximately $4.9 million will be available for eligible projects on the 2010 IUP in the order that the projects are certified by the MDH and submit as -bid costs to the PFA. A detailed report on the current status of the drinking water ARRA funds is provided in Table 3. III. Project Funding A. Project Priority List The Project Priority List(PPL) prepared by the MDH identifies drinking water projects potentially; eligible to receive a DWRF loan. Projects are listed in priority order based on a point system established by the MDH in Minnesota Rules parts 4720.9010 to 4720.9040. The "2010 PPL contains 403 projects with an estimated cost of $529 million. The 2010 PPL is attached as an Appendix.. B. Placement on the IUP The Intended Use Plan (IUP) prepared by the PFA identifies projects on the PPL that are eligible to apply for DWRF loans in FY 2010. The IUP is prepared in accordance with Minnesota Rules part 7380,0255. For a project to be placed on the IUP, the PFA must receive a written request signed by an official of the municipality (city, township, county, or water district) or other public water system entity that will be the borrower for the loan. The request must include a schedule indicating that the applicant expects the project to receive all necessary approvals and proceed to the point of receiving a DWRF loan within approximately one year from the approval of the 2010 IUP. The applicant must have already secured any other funding necessary for the project to proceed within that timeframe. Placement on the IUP does not guarantee a project will receive a DWRF loan. The PFA may limit the number of projects in the IUP fundable range if it determines that the total requested loans would significantly exceed the projected annual lending capacity of the Fund. A municipality with a 2 of 20 DWRF 2010IUP DRAFT- 0712212009 project in the IUP fundable range must complete the loan application process with the PFA and receive project certification from the MDH under the provisions of Minnesota Rules part 4720.9060 before a DWRF loan can be approved. The PFA will only accept applications from projects listed on the approved IUP in fundable range. The MDH will only certify projects on the approved IUP in fundable range. An approved IUP remains effective until the following year's IUP is approved. A project listed in the IUP fundable range that does not receive a loan but does submit a loan application to the PFA and is certified by the MDH prior to approval of the following year's IUP will be carried over in the fundable range on the new IUP. C. Draft IUP and Public Comment In January 2009, a notice was sent to all municipalities in the state with information about the DWRF program, including instructions on how to request placement on the PPL and IUP. Based on the requests received, a rough draft 2010 IUP was presented to the PFA Board on July 20, 2009. The PFA Board approved a fundable range for the 2010 IUP (see paragraph D below) and authorized the draft IUP to be made available for public comment. Public comments on the draft 2010 IUP will be accepted through August 10, 2009. Following a review of any comments received, the PFA expects to approve the 2010 IUP on or about August 19, 2009, D. IUP Project List As shown in Table 1 (pp. 10 -17), the 2010 IUP is divided into two parts. Part A lists projects from the 2009 IUP fundable range that qualify as carryover projects on the 2010 IUP because they have submitted loan applications to the PFA and have been certified for funding by the MDH. Part A lists 19 carryover projects totaling $33 million in requested loans. Part B lists eligible projects that have requested placement on the 2010 IUP. The PFA, in consultation with the MDH, has set the IUP fundable range for new projects at 5 points. All eligible projects that submitted requests for placement on the 2010 IUP have at least 5 points, therefore all projects in Part B are included in the fundable range and will be allowed to apply for loans. Part B E. Possible IUP Amendment The PFA may consider amending the 2010 IUP during the fiscal year if additional projects on the 2010 PPL meet the requirements and the PFA determines that the DWRF has the capacity to offer additional loans in FY 2010. To be considered for an IUP amendment, a project must: 1) be ranked with at least 5 points on the PPL; 2) have secured all other necessary funding; and 3) show that it will be ready to proceed with construction before the 2011 IUP is expected to be approved. Applicants who believe their projects should be considered for an IUP amendment are advised to keep their PFA loan officer informed of the status of their project. F. Loan Application Requirements and Deadlines 3 of 20 DWRF 2010 1U DRAFT - 0712212009 Following the PFA's approval of the IUP, municipalities with projects in fundable range on the IUP must submit a loan application to the PFA. In accordance with Minnesota Rules 73 80.0260, subpart 1, these municipalities have six months from approval of the IUP to submit a loan application to the PFA and plans and specifications to the MDH. G. Loan Terms and Conditions Terms and conditions for DWRF loans are determined pursuant to Minnesota Statutes Chapter 446A and Minnesota Rules Chapter 7380. Interest rates are set at the time a loan is made according to Minnesota Rules Part 7380.0272, based on the bond yield scale of the PFA's bonds, if PFA bond proceeds are available, or the bond yield scale from a nationally recognized daily index of tax - exempt municipal bonds, whichever is greater. For projects that receive loan awards after the 2010 IUP is approved, the PFA has set a base discount of 1.5% that will be applied to the appropriate bond yield scale for loans up to $20 million. Additional discounts up to 2.5% may be applied to borrowers under 2,500 population as described in Minnesota Rules Part 7380.0272, Subpart 3B. H. Disadvantaged Community Criteria The federal Safe Drinking Water Act permits states to provide additional subsidies from the DWRF to disadvantaged communities as defined by the state. In accordance with Minnesota Rules part 7380.0280,. subpart 2, an applicant is considered a disadvantaged community and eligible for supplemental assistance from the DWRF to reduce its loan principal if it meets the following criteria: 1) the project receives public health priority points under Minnesota Rules part 4720.9020, 2) the total drinking water system costs (including annual debt service and operation and maintenance) exceed 1.4% of median household income. Table 1 shows which projects have received public health priority points under Minnesota Rules Part 4720.9020. Total system costs will be determined by the PFA based on its review of loan applications. A single applicant cannot receive more than $500,000 in supplemental assistance. The total amount of supplemental assistance provided in a single year cannot exceed $2,000,000 or 10% of the federal capitalization grant, whichever is less. IV. Summary of FY 2009 Project Activity A total of 26 drinking water projects on the 2009 PPL totaling $33 million were funded in FY 2009 through the coordinated efforts of the PFA, USDA Rural Development, the Small Cities Development Program, the U.S. Army Corps of Engineers, Iron Range Resources, and state special appropriations. Of these, 16 projects totaling $27 million were financed through the DWRF. 4 of 20 4 Minnesota Public Facilities Authority CWRF and DWRF Application Form 5 — Compliance with Federal and State Laws, Rules, Regulations As a condition of receiving funding, a Borrower is required to comply with certain state and federal laws, rules and regulations and to ensure that their contractor(s) also comply with these regulations, laws and rules. This form lists and describes the various compliances that apply and will be invoked as a condition of the PFA loan in both the loan agreement and general obligation bond to be executed by the Borrower. 1. Title VI of the Federal Water Pollution Control Act, more commonly known as the Clean Water Act. 2. Safe Drinking Water Act (P.L. 93 -523) National Environmental Policy Act (P.L. 91 -190 (1970)); National Historic Preservation Act (P.L. 89 -665 as amended, 80 Stat. 917 (1966)); Archeological and Historic Preservation Act (P.L. 93- 291(1974)); Protection of Wetlands, Executive Order No. 11990 (1977), as amended by Executive Order No. 12608 (1997); Flood Plain Management, Executive Order No 11988 (1977), as amended by Executive Order No. 12148 (1979); Farmland Protection Policy Act (P.L. No 97 -98 (1981)); Coastal Zone Management Act (P.L. 92 -583 (1972), as amended); Coastal Barriers Resources Act (P.L. 97 -378, 96 Stat 1653 (1982)); Wild and Scenic Rivers Act (P.L. 90 -542, 82 Stat. 913 (1968)); Endangered Species Act (P.L. 93 -205 (1973), as amended); Essential Fish Habitat Consultation Process under the Magnuson- Stevens Fishery Conservation and Management Act (P.L. 94 -265 (1976), as amended) and; Clean Air Act Conformity (P.L. 95 -95 (1977), as amended). 4. Title VI of the Civil Rights Act of 1964 (P.L 88 -352), Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. Sec. 1251), Section 504 of the Rehabilitation Act of 1973 (P.L. 93 -1123, 87 Stat. 355, 29 U.S.C. Sec. 794), The Age Discrimination Act of 1975 (P.L. 94 -135 Sec. 303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), and subsequent regulations, ensures access to facilities or programs regardless of race, color, national origin, sex, age or handicap. 5. Executive Orders 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations. Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Inclusion of the seven clauses in Section 202 of E. O. 11246 as amended by E. O. 11375 and 12086 are required in all project related contracts and subcontracts over $10,000. 6. Executive Orders 11625, 12138 and 12432; 40 CFR part 33 Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements; Section 129 of P. L. 100 -590 Small Businesses Reauthorization & Amendment Act of 1988; Public Law 102- 389 (42 U.S.C. 437d); a 1993 appropriations act ( "EPA's 8% statute "); Public Law 101 -549, Title X of the Clean Air Acts Amendments of 1990 (42 U.S.C. 7601 note) ( "EPA's 10% statute "). Encourages recipients to award construction, supply and professional service contracts to minority, women's business enterprises (MBE /WBE's) and small businesses and requires recipients to utilize affirmative steps in procurement. Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Prohibits entering into contracts or sub - contracts with individuals or businesses who are debarred or suspended. Borrowers are required to check the status of all contractors (construction and professional services) and must require contractors to check the status of subcontractors for contracts expected to be equal to or over $25,000 via this Internet address: http: / /epls. arnet. govt 8. Executive Order 13502, use of Project Labor Agreements for Federal Construction Projects. 9. OMB Circular A -133, issued pursuant to the Single Audit Act of 1984 ((P.L. 98 -502), as amended 1996), which establishes audit requirements for state and local governments receiving federal funds. PFA Application Forms September 2009 21 of 49 Form 5 — Compliance with Federal /State Laws, Rules, Regulations Page 2 of 2 10. Section 504 of the Federal Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), Minn. Statutes 1990, Chapter 363 Minnesota Human Rights Act. Requires that all public spaces and programs be designed and constructed to be accessible to the physically handicapped. 11. Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and subsequent regulations found at 49 CFR Part 24. Identifies procedures for the acquisition of property and the relocation of persons and businesses. 12. Minnesota Statutes, Section 471.345, Uniform Municipal Contracting Law. 13. Minnesota Statutes, Section 574.26 to 574.32, the Public Contractors' Performance and Payment Bond Act, as applicable. 14. Minnesota Statutes sections 176.181 - 176.182, Requires recipients and subcontractors to have worker's compensation insurance coverage. 15. Minnesota Statutes, sections 177.41- 177.43 (prevailing wage rate law). Requires that contractors pay laborers and mechanics prevailing wages established by the Minnesota Department of Labor and Industry for public works projects. Contractors or subcontractors failing to comply with the prevailing wage law may result in civil or criminal penalties. 16. Minnesota Statutes 290.9705. Requires that 8 percent of payments made to out -of -state contractors be withheld once cumulative payments made to the contractor for work done in Minnesota exceed $50,000 in a calendar year, unless an exemption is granted by the Department of Revenue. 17. Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act. 18. Minnesota Statutes Chapter 363A, the Minnesota Human Rights Act. 19. Minnesota Executive Order 08 -01 requiring use of E- verify for Newly Hired Employees in the Executive Branch and Requiring Certification of Compliance with Federal Immigration Laws for State Contract Vendors and Employers Receiving Business Subsidies. The City of New Hope New Hope certifies that it has or will comply with the above requirements. (Name of Borrower) R l January 13, 2 010 (Signature of Authorized Official) Date PFA Application Forms September 2009 22 of 49 Minnesota Public Facilities Authority CWRF and DWRF Application Form 6 - FAIR SHARE STATEMENT and DISADVANTAGED BUSINESS ENTEPRISE CERTIFICATION The City of New Hope (Borrower) proposes a "fair share objective" percentage of 11.43% for Women Business Enterprise and 3.5% for Minority Business Enterprises for the Winnetka Avenue Improvements Project (name of project). The Borrower agrees it will follow the Six Good Faith Efforts for DBE participation and will require its contractor(s) to follow these steps and provide documentation to the Borrower. The Borrower will retain all documentation and make it available for inspection. The Borrower agrees it will include the Required Contract Conditions and Good Faith Efforts in procurement contracts. The Borrower agrees it will establish and maintain a Bidders List with the information items identified on the Bidders List for the disbursement phase of the project. The Borrower agrees to submit semi - annual reports, if required, on forms provided by the Authority, of total contracts awarded for the semi - annual period and the amounts awarded to Disadvantaged Business Enterprises. Signature of Authorized Representative City Manager Title January 13, 2010 Date 1/21/09 PFA Application Forms September 2009 29 of 49 United States Environmental Protection Agency, Washington, D. C. 20460 Form Approved. Preaward Compliance Review Report Form OMB No. 2090 -0014 All Applicants Requesting Federal Assistance Note: Read instructions on reverse side before completing form. I.A. Applicant (Name, City, State) B. Recipient (Name, City, State) C. EPA Project No. City of New Hope, Minnesota City of New Hope, Minnesota II. Brief Description of proposed project, program or activity. Street and utility reconstruction including replacement of a failing trunk water main. III. Are any civil rights lawsuits or complaints pending against applicant and/or recipient? ❑ Yes ® No If "yes" list those complaints and the disposition of each complaint. IV. Have any civil rights compliance reviews of the applicant and /or recipient been conducted by any Federal agency during the two years prior to this application for activities which would receive EPA assistance? If "yes" list those compliance reviews and status of each review. ❑ Yes ® No V. Is any other Federal financial assistance being applied for or is any other Federal financial assistance being applied to any portion of this project, program or activity? If "yes" list the other Federal Agency(s), describe the associated work and the dollar amount of assistance. ARRA funding administered through MNDOT - 100% eligible transportation improvement construction costs up to $834,000. E Yes ❑ No VI. If entire community under the applicant's jurisdiction is not served under the existing facilities /services, or will not be served under the proposed plan, give reasons why. VII. Population Characteristics Number of People 1. A. Population of entire service area 20,873 B. Minority population of entire service area 3,131 2, A. Population currently being served 20,873 B. Minority population currently being served 3,131 3. A. Population to be served by project, program or activity B. Minority population to be served by project, program, or activity 4. A. Population to remain without service 0 B. Minority population to remain without service 0 VIII. Will all new facilities or alterations to existing facilities financed by these funds be designed and constructed to be readily accessible to and usable by handicapped persons? if "no" explain how a regulatory exception (40 CFR 7.70) applies. ® Yes ❑ No DC. Give the schedule for future project, programs or activities (or future plans) by which service will be provided to all beneficiaries within applicant's jurisdiction. If there is no schedule, explain why. All within jurisdiction currently served and will continue to be served. X. I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. A igna re of Authori Officia B. Title of Authorized Official C. Date City Manager January 13, 2010 For the U. S. Environmental Protection Agency ❑ Approved ❑ Disapproved Authorized EPA Official Date PFA Application Forms September 2009 33 of 49 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works March 22, 2010 Development & Plannin Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.2 Resolution relating to $418,644 general obligation water bond, series 2010; authorizing issuance and sale, fixing the form and details thereof, and providing the security thereof (improvement project no. 845) Requested Action Staff recommends that Council approve a resolution that has been prepared by the city's Bond Counsel, authorizing issuance of the note and execution of the loan agreement with the Minnesota Public Facilities Authority (PFA). The funds are from the PFA's low interest "Drinking Water Revolving Fund" loan program. The funds can only be used for installation of new water main along Winnetka Avenue, between Bass Lake Road and 62nd Avenue North, for the Winnetka Avenue 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 plan has identified this area for maintenance activities. Background Improvements to Winnetka Avenue, between Bass Lake Road and 62nd Avenue, were included in the city's pavement management plan for the 2006 infrastructure project. Because of utility funding restrictions for the proposed replacement of the water main, the infrastructure improvements along Winnetka Avenue were removed from the 2006 infrastructure project. The proposed project was submitted to the Minnesota Department of Transportation to be considered for the federal government's economic stimulus package. The federal government referred to the submitted projects as "ready to go" projects that could be bid out in 90 to 120 days. On January 26, 2008, Council authorized the preparation of a feasibility report for the proposed infrastructure improvements for Winnetka Avenue. Motion by kj, fU- Second by I: \RFA \PUBWORKS \2010 \845 Winnetka Ave. PFA Loan.doc Request for Action March 22, 2010 Page 2 On March 9, 2009, the city engineer presented the feasibility report for the proposed Winnetka Avenue infrastructure improvement project. Council reviewed the report and authorized preparation of plans and specifications for the project. Council approved plans and specifications and ordered advertisement for bids at the April 27 Council meeting. A public informational meeting concerning this project was held on Tuesday._ June 30. Council awarded a contract for construction of the Winnetka Avenue infrastructure project on October 26, to S. R. Weidema Inc., in the amount of $1,186,460.15. The proposed Winnetka Avenue improvements will involve street and utility infrastructure work. The infrastructure improvements include replacement of the asphalt street, spot curb and sanitary sewer replacement, storm water improvements, and replacement of the existing cast iron water main. Funding The water main replacement portion of the project requires the issuance of debt. Staff formally submitted a request to have the water main portion of the project be put on a list for funding from the PFA's "Drinking Water Revolving Fund" loan program. The project was accepted as eligible and placed on the state's 2010 list. On January 11, 2010, Council authorized the submittal of an "Application Clean Water Revolving Fund/Drinking Water Revolving Fund" low interest loan. The city's application was accepted by the PFA and the agreement was mailed to the city on February 26. This is another federal government economic stimulus package that is in the form of a low interest loan. The loan will be in the amount of $418,644, for a term of 20 years at an interest rate of 1.703 %. Besides the low interest loan from the PFA for water main replacement, the city has also been awarded funds from a federal government economic stimulus package grant program for the street and storm water portion of the improvement project. The stimulus funds are in an amount up to $834,000. The Minnesota Department of Transportation will administrate these funds. Reimbursement of the project's street related costs would only be after review and approval of the city's expenditure submittals by the Minnesota Department of Transportation. Attachment The resolution, the agreement, Bond Council's letter, and the engineer's memorandum are attached. I: \ RFA \ PUBW ORKS\ 2010 \ 845 Winnetka Ave. PFA Loan.doc Councilmember Stauner introduced the following resolution and moved its adoption, which motion was seconded by Councilmember Hof fe RESOLUTION NO. 2010 -52 RESOLUTION RELATING TO $418,644 GENERAL OBLIGATION WATER BOND, SERIES 2010; AUTHORIZING THE ISSUANCE AND SALE, FIXING THE FORM AND DETAILS THEREOF, AND PROVIDING THE SECURITY THEREFOR BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. AUTHORIZATION AND SALE 1.01. Authorization The City is authorized pursuant to Minnesota Statutes, Section 444.075, as amended, to issue and sell its general obligation bonds in order to finance the cost of improvements to its drinking water system (the "System "). The City is proposing to undertake improvements to the System, consisting of the replacing water main along Winnetka Avenue (the "Project "). The estimated cost of the Project is $418,644. 1.02. PFA Loan The Minnesota Public Facilities Authority (the "PFA ") has agreed, subject to certain terms and conditions contained in a Bond Purchase and Project Loan Agreement, dated February 16, 2010, entered into between the City and the PFA (the "Loan Agreement "), to lend the City $418,644 from the Drinking Water Revolving Fund (the "PFA Loan ") to finance the cost of the Project. This Council hereby accepts such offer, authorizes the execution and delivery of the Loan Agreement by the Mayor and the City Manager in substantially the form presented to the Council and agrees to issue its $418,644 General Obligation Water Bond, Series 2010 (the "Bond "), to the PFA evidencing the PFA Loan. The proceeds from the Bond will be disbursed to the City from the PFA on a cost reimbursement basis consistent with a budget presented to the PFA in connection with the application for financing. Each and all of the provisions of this resolution relating to the Bond are intended to be consistent with the provisions of the Loan Agreement, and to the extent that any provision in the Loan Agreement is in conflict with this resolution as it relates to the Bond, that provision shall control and this resolution shall be deemed accordingly modified. The Loan Agreement may be attached to the Bond, and shall be attached to the Bond if the holder of the Bond is any person other than the PFA. 1.03. Tax Exemption The Loan Agreement requires that the Bond be tax - exempt, and that the City take the actions required to assure the tax- exemption of the Bond. 1.04, Private Sale The PFA has represented to the City that it is a duly organized agency of the State of Minnesota, and the City is authorized under Minnesota Statutes, Section 475.60, Subdivision 2(4), as amended, to sell its obligations at private sale to an agency of the State of Minnesota. 1.05. Recitals All acts, conditions, and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed prior to the issuance of the Bond having been done, existing, and having happened, it is now necessary for this Council to establish the form and terms of the Bond, to provide for the security thereof, and to issue the Bond forthwith. Section 2. TERMS AND EXECUTION. 2.01. Terms In order to finance costs of the Project and to evidence the PFA Loan referred to in Section 1.02, the City shall forthwith issue the Bond in the principal amount of $418,644. The Bond shall be dated as of the date of its delivery to the PFA and shall be payable in annual installments of principal maturing on August 20 of the years and in the amounts set forth below: Year Amount Year Amount 2010 $7,644 2020 $22,000 2011 19,000 2021 22,000 2012 19,000 2022 22,000 2013 19,000 2023 23,000 2014 19,000 2024 23,000 2015 20,000 2025 23,000 2016 20,000 2026 24,000 2017 20,000 2027 24,000 2018 21,000 2028 25,000 2019 21,000 2029 25,000 The Bond shall bear interest and service fees at the rate of 1.703% per annum from the date of issue through the date on which no principal remains unpaid; provided, however, that interest shall accrue only on the aggregate principal amount of the Bond actually disbursed by the PFA. Interest shall be payable on each February 20 and August 20, commencing August 20, 2010. Interest shall be computed on the basis of a 360 -day year composed of twelve 30 -day months. The principal of and interest on the Bond shall be payable to the registered holder thereof at the address appearing on the bond register of the City on the date of payment. 2.02. Registration The Bond shall be fully registered as to both principal and interest and shall be initially registered in the name of and payable to the PFA. While so registered, principal of and interest on the Bond shall be payable at the address of the registered holder thereof, as it appears on the bond register maintained by the City Clerk, or such other place as may be designated by the registered holder in writing, and delivered to the City Clerk, The City Clerk shall act as bond registrar and as such shall establish and maintain a bond register for the purpose of recording the name and addresses of the registered holder and its assigns, and the date of registration of any transfer. 2.03. Redemption The City shall have the option to prepay the Bond in whole or in part on any February 20 or August 20, upon forty -five days prior written notice to the PFA and -2- subject to the approval of the PFA at its sole discretion and approval at a price equal to 100% of the principal amount to be prepaid, together with accrued interest to the redemption date and a premium equal to all fees and expenses of the PFA incurred in connection with such prepayment as determined by the PFA and subject to the approval of the PFA at its sole discretion and approval. The PFA may require an opinion of law firm, selected by the PFA, having a national reputation in the field of municipal law whose legal opinions are generally accepted by purchasers of municipal bonds to the effect that such prepayment will not cause the interest on the Bond to be included in the gross income the recipient thereof for federal income tax purposes. In the event that special assessments and/or connection charges from another municipality are pledged to the payment of the Bond, and the City receives prepayments of such special assessments and /or connection charges, the City is hereby required, and hereby agrees, to apply such prepayments to the prepayments to the prepayment of the principal of the Bond and the PFA Loan on the February 20 and August 20 next following the receipt thereof. Such prepayment shall be without a premium. The principal amount of a partial prepayment shall be applied to reduce each unpaid annual principal installment required with respect to the PFA Loan in the proportion that such installment bears to the total of all unpaid principal installments (i.e., the remaining principal payment schedule shall be re- amortized to provide proportionately reduced principal payments in each year) with respect to the PFA Loan. The PFA Loan and the Bond shall be re- amortized on the same basis to result in identical amortization of the PFA Loan and the Bond. Any payments received by the PFA in excess of the principal of and interest on the Loan and the Bond not expressly designed by the City to be treated as a prepayment may, in the sole discretion of the PFA, be (1) held without interest payable by the PFA and applied to the next payment due on the Bond, (ii) treated as a prepayment of principal on the Bond; or (iii) returned to the City as an overpayment. 2.04. Execution and Delivery The Bond shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signature of the Mayor and the City Manager. When the Bond has been so executed and authenticated, it shall be delivered by the City Clerk to the PFA to evidence the obligation of the City under the Loan Agreement. 2.05. Assignment and Exchange The Bond shall be transferable by the registered owner or the owner's attorney duly authorized in writing upon presentation thereof to the City Clerk together with a written instrument of transfer satisfactory to the City Clerk and duly executed by the registered owner or the owner's attorney. The following form of assignment shall be sufficient for the purpose: -3- For value received hereby sells, assigns and transfers unto the within Bond of the City of New Hope, Minnesota, and does hereby irrevocably constitute and appoint Attorney, to transfer the Bond on the books of the City with full power of substitution in the premises. Dated: Registered Owner Such transfer shall also be noted on the Bond and in the bond register. No service charge shall be made for such transfer, but the City may require payment of a sum sufficient to cover any tax, fee or governmental charge or other expense incurred by the City with respect thereto. Section 3. FORM OF BOND The Bond shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE No. R -1 GENERAL OBLIGATION WATER BOND, SERIES 2010 $418,644 FOR VALUE RECEIVED, THE CITY OF NEW HOPE, Hennepin County, Minnesota (the "City "), acknowledges itself to be indebted and hereby promises to pay to the Minnesota Public Facility Authority (the "PFA "), or registered assigns, the principal sum of Four Hundred Eighteen Thousand Six Hundred Forty Four Dollars ($418,644), or such lesser amount as M may be advanced by the PFA to the City hereunder, in the following installments on August 20 in the following years: Year Amount Year Amount 2010 $7,644 2020 $22,000 2011 19,000 2021 22,000 2012 19,000 2022 22,000 2013 19,000 2023 23,000 2014 19,000 2024 23,000 2015 20,000 2025 23,000 2016 20,000 2026 24,000 2017 20,000 2027 24,000 2018 21,000 2028 25,000 2019 21,000 2029 25,000 and promises to pay interest and service fees at the rate of 1.703% per annum from the date of issue through the date on which no principal remains unpaid; said interest being payable semiannually on February 20 and August 20 of each year, commencing August 20, 2010. The principal installments of and interest on this Bond are payable by wire payment, or by check or draft mailed at least five business days prior to the payment date to the registered holder hereof as it appears on the bond register of the City as of the payment date, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment of such principal installments and interest when due, the full faith, credit and taxing powers of the City are hereby irrevocably pledged. This Bond constitutes an issue in the aggregate principal amount of $418,644, issued to defray a portion of the cost of construction of improvements (the "Project ") to the drinking water system of the City (the "System "), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075, as amended. This Bond is payable primarily from the Drinking Water Revenue Debt Service Fund (the "PFA Debt Service Account ") of the City, but the City is required by law to pay maturing principal hereof and interest thereon out of any funds in the treasury if money on hand in the PFA Debt Service Account is insufficient therefore. This Bond is being issued in conformity with the terms of a Public Facilities Authority Bond Purchase Agreement and Project Loan Agreement, dated February 16, 2010, between the City and the PFA (the "Loan Agreement "). In the case of any conflict between the terms of the Loan Agreement and the terms of this Bond, the terms of the Loan Agreement shall control and shall be deemed to amend this Bond without further action or instrument in writing. The City shall have the option to prepay the Bond in whole or in part on any February 20 or August 20, upon forty -five days prior written notice to the PFA and subject to the approval of the PFA at its sole discretion and approval at a price equal to 100% of the principal amount to be prepaid, together with accrued interest to the redemption date and a premium equal to all fees and expenses of the PFA incurred in connection with such prepayment as determined by the PFA and subject to the approval of the PFA at its sole discretion and approval. The PFA may require -5- an opinion of law firm, selected by the PFA, having a national reputation in the field of municipal law whose legal opinions are generally accepted by purchasers of municipal bonds to the effect that such prepayment will not cause the interest on the Bond to be included in the gross income the recipient thereof for federal income tax purposes. In the event that special assessments and/or connection charges from another municipality are pledged to the payment of the Bond, and the City receives prepayments of such special assessments and /or connection charges, the City is hereby required, and hereby agrees, to apply such prepayments to the prepayments to the prepayment of the principal of the Bond and the PFA Loan on the February 20 and August 20 next following the receipt thereof. Such prepayment shall be without a premium. The principal amount of a partial prepayment shall be applied to reduce each unpaid annual principal installment required with respect to the PFA Loan in the proportion that such installment bears to the total of all unpaid principal installments (i.e., the remaining principal payment schedule shall be re- amortized to provide proportionately reduced principal payments in each year) with respect to the PFA Loan. The PFA Loan and this Bond shall be re- amortized on the same basis to result in identical amortization of the PFA Loan and this Bond. Any payments received by the PFA in excess of the principal of and interest on the Loan and this Bond not expressly designed by the City to be treated as a prepayment may, in the sole discretion of the PFA, be (1) held without interest payable by the PFA and applied to the next payment due on this Bond, (ii) treated as a prepayment of principal on this Bond; or (iii) returned to the City as an overpayment. This Bond shall be registered in the name of the owner on the bond register of the City kept by the City Clerk as Bond Registrar. This Bond is transferable by the registered owner or the owner's attorney duly authorized in writing, upon presentation hereof with a written instrument of transfer satisfactory to the City and duly executed by the registered owner or the owner's attorney, subject to reimbursement for any tax, fee or governmental charge or other expense incurred by the City with respect to such transfer. Such transfer shall be noted on the bond register and hereon. The City may treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment of principal and interest and all other purposes, and shall not be affected by any notice to the contrary. The City intends that the interest on this Bond will be excluded from gross income for United States income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. This Bond has been designated by the City as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the federal Internal Revenue Code of 1986, as amended. The City may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving o payment and for all other purposes, and the City shall not be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due time, form and manner as so required; that in and by the resolution authorizing the issuance of the Bond, the City has covenanted and agreed with the owners of the Bond that it will impose and collect charges for the service, use and availability of the System according to schedules sufficient to produce net revenues adequate to pay all principal of and interest on the Bond and any other bonds payable therefrom, as such principal and interest respectively become due, that, if necessary to pay such principal and interest, the City is required by law to levy ad valorem taxes upon all taxable property within its corporate limits, without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of New Hope, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the signatures of the Mayor and the City Manager, and has caused this Bond to be dated as of , 2010. City Manager Mayor NO WRITING HEREON EXCEPT BY THE CITY CLERK AS BOND REGISTRAR The Bond Registrar has transferred on the books of the City of New Hope, Hennepin County, Minnesota, on the last date noted below, to the registered assign noted opposite said date, ownership of the principal amount of and interest on this Bond, except the amounts of principal and interest theretofore paid: Signature of Bond Date of Transfer Roistered Assign Regis tray -7- (End of Form of Bond) Section 4. USE OF PROCEEDS; SECURITY PROVISIONS. 4.01. Use of Proceeds Upon advancement of principal of the Bond by the PFA, the City Finance Director shall deposit such proceeds in a separate construction fund to be created on the books of the City and expended to pay for the costs of the Project, including the costs of issuance of the Bond, as further provided in the Loan Agreement. Any amounts remaining upon completion of the Project shall be transferred to the PFA Debt Service Account as described in Section 4.02. No portion of the proceeds of the Bond shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bond was issued, and (2) in addition to the above in an amount not greater than the lesser of five percent (5 %) of the proceeds of the Bond or $100,000. To this effect, any proceeds of the Bond or any sums from time to time held in the PFA Construction Account, Operation and Maintenance Account or PFA Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the Bond) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, moneys in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bond to be "federally guaranteed" within the meaning of Section 149 (b) of the federal Internal Revenue Code of 1986, as amended (the Code). 4.02. Fund and Accounts There has heretofore been created a separate fund in the City treasury designated the "Drinking Water Fund" (the Fund). The City Finance Director and all municipal officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. There shall be maintained in the Fund, in addition to any accounts heretofore created, the following separate accounts: (a) A "PFA Construction Account" to which shall be credited all proceeds received from the sale of the Bond. The Bond shall be the only source of moneys credited to the PFA Construction Account. It is recognized that the sale proceeds of the Bond are received in reimbursement for costs expended on the Project or in direct payment of such costs, and that accordingly the moneys need not be placed in the PFA Construction Account upon receipt but may be applied immediately to reimburse the source from which the expenditure was made. The moneys in the PFA Construction Account shall be used solely for the purpose of paying for the cost of constructing the Project, including all costs enumerated in Minnesota Statutes, -8- Section 475.65, provided that such moneys shall only be expended for costs and expenses which are permitted under the Loan Agreement. The PFA prohibits the use of proceeds of the Bond to reimburse costs initially paid from proceeds of other obligations of the City unless otherwise specifically approved. Upon completion of the Project and the payment of the costs thereof, any surplus shall be transferred to the PFA Debt Service Account. (b) An "Operation and Maintenance Account" into which shall be paid all gross revenues and earnings derived from the operation of the System, including all charges for the service, use and availability of and connection to the System, when collected, and all moneys received from the sale of any facilities or equipment of the System or any by- products thereof. From this account there shall be paid all the normal, reasonable and current costs of operating and maintaining the System. Current expenses include the reasonable and necessary costs of operating, maintaining and insuring the System, salaries, wages, costs of materials and supplies, necessary legal, engineering and auditing services, and all other items which, by sound accounting practices, constitute normal, reasonable and current costs of operating and maintenance, but excluding any allowance for depreciation, extraordinary repairs and payments into any debt service account. All moneys remaining in the Operation and Maintenance Account after paying or providing for the foregoing items constitute, and are referred to in this resolution as "net revenues." (c) A "PFA Debt Service Account" to which shall be irrevocably appropriated, pledged and credited: (1) net revenues of the System in an amount sufficient, with other moneys, to pay the principal of, and interest on, the Bond when due; (2) all collections of taxes which may hereafter be levied for the payment of the principal of, and interest on, the Bond; (3) all investment earnings on moneys held in the PFA Debt Service Account; (4) any amounts transferred from the PFA Construction Account; and (5) any other moneys which are properly available and are appropriated by the City Council to the PFA Debt Service Account. The moneys in said account shall be used only to pay or prepay the principal of, and interest on, the Bond and any other general obligation bonds hereafter issued and made payable from said account, and to pay any rebate due to the United States with respect to the Bonds in connection with the Bond. 4.03. Sufficiency of Revenues It is hereby found, determined and declared that the City owns and operates the System as a revenue - producing utility and convenience; and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other pledged funds, for the payment when due of the principal of and interest on the Bond and on any other outstanding bonds of the City to which such revenues are pledged. 4.04. Rate Covenant; Pledge of Revenues; Additional Bonds Pursuant to the provisions of Minnesota Statutes, Section 444.075, as amended, the City hereby covenants and agrees with the owners from time to time of the Bond that so long as the Bond is outstanding, the City will impose and collect reasonable charges for the service, use and availability of the System to the City and its inhabitants according to schedules calculated to produce net revenues -9- which will be sufficient to pay one hundred five percent of the principal of and interest on the Bond when due and any other bonds payable therefrom, and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Bond and interest thereon. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of net revenues of the System for the payment of additional obligations of the City hereafter authorized if the Council determines before the authorization of such additional obligations that the estimated net revenues of the System will, with any other sources of funds pledged, be sufficient for the payment of the Bond, any other bonds then payable therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to or on a parity with the pledge and appropriation herein made. 4.05. Full Faith and Credit Pledged The full faith and credit and taxing powers of the City shall be and are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on the Bond, and the City covenants and agrees that it will make good any deficiency from the general fund of the City. On or before June 1, 2010, and February 1 of each year thereafter, the City Finance Director will calculate the total amount of cash on hand in the PFA Debt Service Account and the available net revenues of the System on hand and estimated to be received and available on or before the 20th day of August of the next succeeding year, and shall determine the sufficiency of such total amount for the payment of principal of and interest on the Bond coming due on such August 20 and the immediately preceding February 20 as shown by the following debt service schedule: Date Principal Interest Total August 20, 2010 $7,644.00 February 20, 2011 3,499.67 3,499.67 August 20, 2011 19,000.00 3,499.67 22,499.67 February 20, 2012 3,337.88 3,337.88 August 20, 2012 19,000.00 3,337.88 22,337.88 February 20, 2013 3,176.10 3,176.10 August 20, 2013 19,000.00 3,176.10 22,176.10 February 20, 2014 3,014.31 3,014.31 August 20, 2014 19,000.00 3,014.31 22,014.31 February 20, 2015 2,852.53 2,852.53 August 20, 2015 20,000.00 2,852.53 22,852.53 February 20, 2016 2,682.23 202.23 August 20, 2016 20,000.00 2,682.23 22,682.23 February 20, 2017 2,511.93 2,511.93 August 20, 2017 20,000.00 2,511.93 22,511.93 February 20, 2018 2,341.63 2,341.63 August 20, 2018 21,000.00 2,341.63 23,341.63 10 Date Principal Interest Total February 20, 2019 2,162.81 2,162.81 August 20, 2019 21,000.00 2,162.81 23,162.81 February 20, 2020 1,984.00 1,984.00 August 20, 2020 22,000.00 1,984.00 23,984.00 February 20, 2021 1,796.67 1,796.67 August 20, 2021 22,000.00 1,796.67 23,796.67 February 20, 2022 1,609.34 1,609.34 August 20, 2022 22,000.00 1,609.34 23,609.34 February 20, 2023 1,422.01 1,422.01 August 20, 2023 23,000.00 1,422.01 24,422.01 February 20, 2024 1,226.16 1,226.16 August 20, 2024 23,000.00 1,226.16 24,226.16 February 20, 2025 1,030.32 1,030.32 August 20, 2025 23,000.00 1,030.32 24,030.32 February 20, 2026 834.47 834.47 August 20, 2026 24,000.00 834.47 24,834.47 February 20, 2027 630.11 630.11 August 20, 2027 24,000.00 630.11 24,630.11 February 20, 2028 425.75 425.75 August 20, 2028 25,000.00 425.75 25,425.75 February 20, 2029 212.88 212.88 August 20, 2029 25,000.00 212.88 25,212.88 *To be determined based on loan drawdown If such total amount is determined to be insufficient for such payments, this Council shall forthwith appropriate to the PFA Debt Service Account sufficient available moneys of the City to make good the deficiency, and if available moneys of the City are not on hand in amounts sufficient for this purpose, this Council shall forthwith levy and certify to the County Auditor for Hennepin County for collection in the following year a tax at least five percent in excess of the amounts adequate to make good the deficiency. The City Finance Director shall also at the same time estimate the amount which will be on hand in the PFA Debt Service Account after payment of principal and interest payable on the 20th day of August of the second succeeding year, and the amount of net revenues of the System to be received and available for such purpose in the period of twelve months ending on said 20th day of August and shall determine the sufficiency of such estimated amounts for the payment of the principal of and interest on the Bond coming due during and immediately at the end of such twelve -month period. If the amount of estimated -11- net revenues to become available during such period is determined to be insufficient for such payment, this Council shall forthwith cause to be levied and certified to the County Auditor of Hennepin County for collection in the following year a tax at least five percent in excess of amounts adequate to make good the deficiency. Section 5. REGISTRATION AND CERTIFICATION OF PROCEEDINGS. 5.01. Registration The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as shall be required, and to obtain from the County Auditor a certificate that the Bond have been entered on his bond register as required by law. 5.02. Certification of Proceedings The officers of the City and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the PFA and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bond as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 5.03. Negative Covenants as to Use of Proceeds and Pr oiect. The City hereby covenants not to use the proceeds of the Bond or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bond to be a "private activity bond" within the meaning of Sections 103 and 141 through 150 of the Code. The City reasonably expects that no actions will be taken over the term of the Bond that would cause it to be a private activity bond, and the average term of the Bond is not longer than reasonably necessary for the governmental purpose of the issue. The City hereby covenants not to use the proceeds of the Bond in such a manner as to cause the Bond to be a "hedge bond" within the meaning of Section 149 (g) of the Code. 5.04. Tax - Exempt Status of the Bond Rebate The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bond, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bond, and (3) the rebate of excess investment earnings to the United States. 5.05. Tax - Exempt Status of the Bond; Rebate The City with respect to the Bond shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bond, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bond, and (3) the rebate of excess investment earnings to the United States. The City covenants and agrees with the PFA and holders of the Bond that the investments of proceeds of the Bond, including the investment of -12- any revenues pledged to the Bond which are considered gross proceeds of the Bond under the applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the Bond shall not be an arbitrage bond within the meaning of Section 148 of the Code and any regulations thereunder. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City hereby certifies that it is not expected that the proceeds of the Bond will be used in such manner as to cause the Bond to be an arbitrage bond under Section 148 of the Code and any regulations thereunder. The Mayor and City Manager shall furnish a certificate to the PFA embracing or based on the foregoing certification at the time of delivery of the Bond to the PFA. The proceeds of the Bond will likewise be used in such manner that the Bond is not a private activity bond under Section 141 of the Code. 5.06. Qualified Tax - Exempt Obligations The Council hereby designates the Bond as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax - exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) which will be issued by the City and all subordinate entities during calendar year 2010 does not exceed $30,000,000. -13- ?-a`- Mayor Attest: City Clerk Upon vote being taken thereon, the following voted in favor thereof. Hemken, Elder, Hoffe, Lammle, Stauner and the following voted against the same: one whereupon the resolution was declared duly passed and adopted. -14- 00RSEY" !H r JEROME P. GILLIGAN (612) 340 -2962 FAX (612) 677 -3391 gilligan.jerome@dorsey.com March 17, 2010 Mr. Kirk McDonald City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Proposed Minnesota Public Facilities Authority Loan for Improvements to Water Utility Dear Mr. McDonald: The Minnesota Public Facilities Authority ( "PFA ") has agreed, subject to certain terms and conditions contained in a Bond Purchase and Project Loan Agreement, dated February 16, 2010, to be entered into between the City and the PFA (the "Loan Agreement "), to lend the City $418,644 from PFA's Drinking Water Revolving Fund (the "PFA Loan ") to finance the cost of improvements to the City's water utility. The PFA Loan is payable in annual principal installments with a final payment in 2029 and will bear interest at 1.703% per annum. To evidence its obligation to repay the PFA Loan the City will issue a general obligation bond (the "Bond ") to PFA. The Bond is to be payable from revenues of the City's water utility. I have prepared a resolution approving the execution and delivery by the City of the Loan Agreement and the issuance of the Bond, for consideration by the City Council at its meeting on March 22nd. This resolution is in appropriate form for adoption by the City Council and has been reviewed and approved by PFA. Following adoption of the resolution we will proceed with the necessary steps to close the PFA Loan. If you have any questions, please call me. Yours TruI , e me P. Gillig JPG /pmh cc: Steve Sondrail DORSEY & WHITNEY LLP - WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868 SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402 -1498 USA CANADA EUROPE ASIA- PACIFIC COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF BONDS The undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on March 22, 2010, by the City Council of the City of New Hope, Minnesota, setting forth the form and details of a $418,644 General Obligation Water Bond, Series 2010. I further certify that the issue has been entered on my bond register, as required by Minnesota Statutes, Sections 475.61 through 475.63. WITNESS my hand and official seal on , 2010. County Auditor 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com March 15, 2010 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Winnetka Avenue Improvements — PFA DWRLF Bond Issuance Client Project No.: 845 Bonestroo File No.: 000034 - 08209 -0 Dear Guy: S= The City applied for a loan through the Public Facilities Authority (PFA) to assist with the cost of the water main improvements included on the Winnetka Avenue Improvements project in February 2010. The application has been approved for a loan through the Drinking Water Revolving Loan Fund. Project costs associated directly with the water main improvements are eligible for funding through this loan. The approved loan includes a 20 year term, at an interest rate of 1.703 %, for $418,644. Funds can be drawn as needed to cover project expenditures for eligible improvements. It is anticipated that all improvements eligible for funding under this loan will be completed in 2010. The City's Bond Council has prepared a resolution executing the loan agreement with the PFA. We recommend that the City Council pass this resolution at the March 22n meeting. Work on the Winnetka Avenue Improvements project is expected to begin in April; approval of the resolution will help assure the availability of these funds when they are needed to cover expenses on the project. Sincerely, Jason Quisberg, PE Y�� 4 } a 1, 0 1250 2500 Scvle in feet m 0 0 N PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 WINNETKA AVENUE IMPROVEMENTS 3408209F01.DWG DATE:JANUARY 2009 COMM: 000034 - 08209 -0 February 26, 2010 Guy Johnson, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4843 Project Number: MPFA -09- 0050- R -FY10 Dear Mr. Johnson: Enclosed are four copies of the loan agreement for the City of New Hope. Please have the appropriate individuals review, sign, date, and SEAL, and then return all four copies in the enclosed envelope. Also, be sure to include a copy of your resolution prepared by the Bond Counsel authorizing issuance of the note and execution of the loan agreement. Our address is: Minnesota Public Facilities Authority Attn: PFA Contract Coordinator — J. Malino 1 St National Bank Building 332 Minnesota Street, E200 St. Paul, MN 55101-1351 I will return a fully executed loan agreement to you for your records upon completion of the state signature process. If you have any questions about any of this material, please feel free to contact Becky Sabie, your program representative, at 6511259 -7470. Sincerely, Jennifer Malino PFA Contract Coordinator cc: Becky Sabie Enclosures Minnesota Public Facilities Authority 1' National Bank Building • 332 Minnesota St., Suite E200 • Saint Paul, MN 55101 -1351 • USA 651- 259 -7469 ® 800 - 657 -3858 • Fax: 651- 296 -8833 • TTY/TDD: 651- 296 -3900 www.positivelyminnesota.com/Community/assistance/pfa.htm An equal opportunity employer and service provider March 24, 2010 Minnesota Public Facilities Authority Attn: PFA Contract Coordinator — J. Malino 1s National Bank Building 332 Minnesota Street, E200 St. Paul, MN 55101 -1351 Subject: Project Number: MPFA -09- 0050- R -FY10 Enclosed are four executed copies of the loan agreement which was approved by the New Hope City Council at its meeting of March 22, 2010. Also enclosed is a copy of the resolution authorizing issuance of the note and execution of the loan agreement. Please forward a fully executed loan agreement to my attention. Questions regarding the documents may be directed to Guy Johnson, Director of Public Works, at 763- 592 -6766. Thank you. Sincerely, J ��- LJ—. Valerie Leone City Clerk cc: Guy Johnson 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 e TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763- 531 -5174 ® Public Works Fax: 763- 592 -6776 ' From: Sent: Monday, March 23.201U11:44AM To: Gill iganJeronle@dor ey.00m; Leone Valerie Subject: RE: $418.O44PFAloan HiVa|e/io - ` Please send nne5cerlified copies of the resolution. Once | receive the resolution |'U prepare the closing documents and contact you regarding e closing date. |f you have questions, please feel free (o contact me. Thank you. Cathy Nutzmann Senior Paralegal ... ... 1 .... ... ........ I ......... QDRSEY&WHITNEY LLP Suite 15O0.5OSouth Sixth Street Minneapolis, MN554Q2-i408 P: 612.340,2963 F: 612.340.2643 . . . . .. . . . . . . . ... . .. . .. . ... . . ... CONFIDENTIAL COMMUNICAT E-mails from this firro normally contain confidential and pfivileged maled,�t and ore for th sole. use of the intended Use or ok, tribution by an unintended recipient is prohibited, ind may he a violation of law. Ifyou befiov,� t1bal you received Occluding ary cc.pies th-oreo� and h��c.rtn the sander that you havo deleted fhc e-rnail, all atlachnunt-- aad ary copips thoic-of i hank you. Fromm: Gilligan, Jerome Sent: Thursday, March 25 2010 11:36 AM To: 'Leone Valerie' Cc: Nutzmann, Cathy Subject: RE: $418,644 PFA loan HiVa|uhn—Cathyis still here but on vacation this week. When she is back next week vva will coordinate with you just what we will need. Jerry From: Leone Valerie [maUto:vleOne@d. .mn.us Sent: Thu,sday, March 25, 2010 11:34 AM To: Gilligan, Jerome Subject: $418,644 PFA loan Do you need one or more certified copy(ies) of the resolution adopted by the New Hope City Council on 3/22/10 ? Is Cathy still in your office? I wasn't sure who to contact. Valerie Leone, City Clark City «f New Hope (763)531-5117 CERTIFICATION OF MINUTES RELATING TO $418,644 GENERAL OBLIGATION WATER BOND, SERIES 2010 Issuer: City of New Hope, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on March 22, 2010 at 7:00 o'clock p.m., in the Council Chambers at the New Hope City Hall Members present: Hemken, Elder, Hoffe, Lammle, Stauner Members absent: None Documents Attached: Minutes of said meeting (including): Pages 1 through 14 RESOLUTION NO. 2010 -52 RESOLUTION RELATING TO $418,644 GENERAL OBLIGATION WATER BOND, SERIES 2010; AUTHORIZING THE ISSUANCE AND SALE, FIXING THE FORM AND DETAILS THEREOF, AND PROVIDING THE SECURITY THEREFOR I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer March 29 , 2010. Valerie Leone, City Clerk March 25, 2010 Guy Johnson, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4843 Project Number: MPFA- 09- 0050- R -FY10 Dear Mr. Johnson: Enclosed is a fully executed project loan agreement between the State of Minnesota, by and through the Public Facilities Authority and the City of New Hope. Also, included is a Loan Disbursement Request and a Summary of Project Costs Form These forms can be duplicated. Upon completion, the Forms should be returned to the attention of Becky Sabie with a copy of all supporting invoices to the address below. As a condition of receiving these state funds, the City of New Hope must execute and record a Real Property Declaration Form with the County Recorder's Office on the property being improved with the funds. Please complete the Real Property Declaration Form and have it filed as soon as possible. After recording the document, return a copy to your loan officer's attention. If you have questions relating to any of these forms, please contact Becky Sabie at 651/259 -7470. Sincerely, jar,n+, Jennifer Malino PFA Contract Coordinator cc: Becky Sabie, PFA Enclosures Minnesota Public Facilities Authority V National Bank Building • 332 Minnesota St., Suite E200 • Saint Paul, MN 55101 -1351® USA 651- 259 - 7469. 800- 657 -3858 • Fax: 651- 296 -8833 9 TTY /TDD: 651- 296 -3900 www.positivelyminnesota.com/Community/assistance/pfa.htm An equal opportunity employer and service provider Leone Valerie ' From: Leone Valerie Sent: VVodnenday, April 14.20104:O0PM To: Johnson Guy Cc: oae@jaoattonnoyo.00m Subject: RE: PFAloan Guy, FYI Sondrall left me a message that he spoke with Becky Sabie of PFA and we do not need to record the Real Property Declaration form as the project resides in the public right-of-vvay. Valerie Leone, CifVClerk City mfNew Hope From: Leone Valerie Sent: Wednesday, April 14,2O1O11:21AM To: Johnson Guy Subject: PFA|oan Guy, did you keep copies nf the "loan disbursement request" forms for your use? Also, } will handle recording the "Real Property Declaration Form" but might need help on the legal description. When you're back in the office and get some time, please call to discuss....thanks!! Valerie Leone, City Clerk City ofNew Hope From: . new- hope. nnn.us [maUto: .new hope. mn.us] Sent: Wednesday, April 14, 20 10 11:11AM To: Leone Valerie Subject: Message from KMBT 1 Minnesota Public Facilities Authority Project Disbursement Request Form program(s): project number(s): Drinking Water SRF Bond Fund MPFA -09- 0050- R -FY10 recipient: name New Hope, City of note address pmt address 4401 Xylon Ave N correction in any New Hope, MN 55428 -4843 available space EFT (y /n) y request: _ Number Period of costs incurred for from to - - � expenses on this request Amount $ Authorized by: name (print) title & phone signature & date notes: PFA approval: PFA loan officer date PFA Director date Becky Sabie 651 259 -7470 rebecca.sabie @state.mn.us for PFA internal use only: EPA defined reimbursement $ EPA defined refinance $ general instructions: see the back page of this form. disb requesuls I December 2008 Summary of Project Costs New Hope MPFA -09- 0050- R -FY10 Drinking Water Revolving Fund Minnesota Public Facilities Authority Non - Construction Engineering Legal /Finance Administration Land Other A. Total Non - Construction $ Construction Treatment Transmission & Distribution Source (wells /surface water intakes) Storage /Water Tower Other B. Total Construction $ C. Total Disbursement Request (A + B) $ D. Total of Previous Requests Received $ E. Total Requested to Date (C + D) $ F. Original Award Amount $ 418,644 G. Balance to Draw (F — E) $ FOR USE BY FILING OFFICER ONLY Minnesota Public Facilities Authority REAL PROPERTY DECLARATION City of New Hope The undersigned, as owner of fee title to the real property legally described on Exhibit A, which is attached hereto and made a part hereof ( "Property "), hereby declares as follows: A. The Property has been acquired or bettered, in whole or in part, with funds appropriated to the Minnesota Public Facilities Authority from State general obligation bond proceeds, the receipt of which is evidenced by the Project Agreement between the Minnesota Public Facilities Authority and the undersigned for Agreement No. MPFA -09- 0050 -R -FY 10; dated February 16, 2010; B. The Property is bond financed property within the meaning of Minnesota Statutes Section 16A.695; C. The title to the Property is subject to the encumbrance created and requirements imposed by Minnesota Statutes Section 16A.695, and cannot be sold or otherwise disposed of by the public officer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Management and Budget, which approval must be evidenced by a written statement signed by the Commissioner of Management and Budget and attached to the deed or instrument used to sell or otherwise dispose of the Property; and D. The title to the Property shall remain bond financed property within the meaning of Minnesota Statutes Section 16A.695, and subject to the restrictions imposed by such statute until (i) such restriction have been fully complied with as evidenced by a written approval from the Minnesota Commissioner of Management and Budget, or (ii) a written release, releasing the Property from such restrictions, signed by the Minnesota Commissioner of Management and Budget, is recorded in the real estate records relating to the Property. Dated: , 2010 By: Its: Its: Real Property 1 1 -2010 Declaration STATE OF MINNESOTA COUNTY OF ss. This Minnesota Public Facilities Authority Real Property Declaration was executed and acknowledged before me on the day of the the on behalf of said , 2010, by , and , of City of New Hope a Notary Public This Declaration was drafted by: Office of Attorney General 445 Minnesota Street Suite 1900 Bremer Tower St. Paul, MN 55101 Real Property 2 1 -2010 Declaration LEGAL DESCRIPTION Real Property j 1-2010 Declaration MINNESOTA PUBLIC FACILITIES AUTHORITY BOND PURCHASE AND PROJECT LOAN AGREEMENT DRINKING WATER REVOLVING FUND MPFA -09- 0050- R -FY10 THIS BOND PURCHASE AND PROJECT LOAN AGREEMENT (the "Agreement "), is made February 16, 2010 between the Minnesota Public Facilities Authority (the "Authority ") and the City of New Hope (the "Borrower "). Any amendments to this Agreement shall be in writing and shall be executed by the Borrower by the same officials who signed the Agreement, or their successors. ARTICLE I - LOAN TERMS AND CONDITIONS Section 1.1. Terms. The Authority hereby commits, subject to the conditions hereinafter set forth, to lend FOUR HUNDRED EIGHTEEN THOUSAND SIX HUNDRED FORTY FOUR DOLLARS ($418,644) from the Drinking Water Revolving Fund (the "Loan ") to the Borrower for the purpose of funding eligible project costs of the drinking water project described as follows: replacing water main along Winnetka Avenue (the "Project ") as identified in the loan application. The final maturity date of the Loan shall be August 20, 2029, at an interest rate or rates as set forth in Section 1.4 below and Exhibit A. Repayment of the Loan by the Borrower to the Authority shall be at such times, and in such amounts as set forth in Exhibit A. The Authority's commitment to lend is subject to the availability of funds. Section 1.2. Disbursements (a) The Loan will be disbursed on a cost reimbursement basis, consistent with the budget presented in the Borrower's loan application, incorporated by reference, but not in violation of any provisions of applicable federal and state regulations. All Borrower disbursement requests shall be reviewed by the Authority and subject to the approval of the Authority in accordance with Minnesota Rules 7380.0250 to 7380.0297, as amended or supplemented from time to time. The Authority may withhold or disallow all or part of the amount requested pursuant to Minnesota Rules 7380.0295, Subpart 3, if the Authority determines the Borrower's disbursement request is not in compliance with program statutes, rules, or terms and conditions of this Agreement. (b) Disbursements shall be made by the Authority to the Borrower within 30 days of a request therefor made by the Borrower in the form, and at the times, determined by the Authority, unless the Authority determines to withhold disbursement in accordance with the provisions of this Agreement. (c) The Authority will reimburse the Borrower for costs incurred prior to the execution of this Agreement only to the extent approved in connection with the approval of the loan application. The Authority reserves the right to reimburse the Borrower for costs incurred prior to the execution of this Agreement by making loan disbursements over a two -year period in eight equal quarterly payments. No funds shall be disbursed by the Authority to the Borrower until such time as the Borrower delivers its general obligation note to the Authority for the full amount of the Loan as set forth in Section 1.3 below. (d) If, as a result of action by the Borrower or the Authority, the entire principal amount specified in Section 1.1 above is not to be disbursed for Project cost reimbursement, or if the entire principal amount is not fully disbursed within three years from the date of this Agreement, unless an extension is requested in writing by the Borrower and granted by the Authority, the balance of the amount not disbursed shall be applied to the principal repayments on the Loan and payments set forth in Exhibit A will be re- amortized by the Authority. dwrf - con -db Page I of 9 City of New Hope (rev. 12/09) February 16, 2010 Section 1.3. Security. (a) The Borrower shall issue to the Authority its General Obligation Revenue Note (the "Note "), evidencing its obligation to repay the Loan. It is a condition of any disbursements hereunder that the Borrower shall deliver to the Authority an executed copy of the Note, a certified copy of resolutions or other authority by the appropriate governing body or bodies as shall legally authorize the execution and performance of this Agreement and the Note, and such opinions, certificates and documents as requested by and in a form acceptable to the Authority. (b) The Borrower hereby acknowledges and specifically agrees that the Note constitutes a general obligation bond of the Borrower notwithstanding the existence of this Agreement and shall be shown as such on its financial statements and shall be treated in all respects as a general obligation bond of the Borrower. For purposes of permitting issuance of the Note, the Authority represents that it is a "board, department or agency" of the State of Minnesota within the meaning of Minnesota Statutes, Section 475.60, subdivision 2, clause (4), as amended or supplemented from time to time. (c) The obligations of the Borrower under the Note shall be deemed to be amounts payable under the Loan. Each payment made pursuant to the Note shall be deemed to be a credit against the corresponding obligation of the Borrower under the Loan and any such payment shall fulfill the Borrower's obligation to pay such amount hereunder. Section 1.4. Mandatory Payments (a) The principal amount of the Loan will be repaid in the amounts and on the dates set forth in the schedule in Exhibit A hereto (notwithstanding the rate of disbursement of the proceeds of the Loan), subject to adjustment as set forth in Section 1.5 below, together with interest and service fees collectively at the rate 1.703% per annum for the period starting on the date of this Agreement through the date on which no principal remains unpaid, provided, however, that interest and service fees shall accrue only on the aggregate amount of the Loan disbursed and outstanding; and provided further that the Authority shall be entitled to retain for its own purposes any interest earnings on funds that are not disbursed and shall not be obligated to credit against any required repayment of principal or payment of interest and service fees any such interest earnings on funds that are not disbursed. Any payment of principal or interest received by the Authority in excess of the amounts set forth in Exhibit A, as then in effect, which is not a mandatory payment as designated in paragraph (b), or not expressly designated by the Borrower to be treated as an optional prepayment may, in the sole option and discretion of the Authority, be (i) held without interest payable by the Authority and applied to a future payment due on the Loan in a manner determined by the Authority, (ii) treated as a prepayment of principal on the Loan, or (iii) returned to the Borrower as an overpayment. (b) In the event that special assessments and /or connection charges from another municipality are pledged to the repayment of the Loan and the Borrower receives prepayments or lump sum payments of such special assessments and /or connection charges, the Borrower is hereby required, and hereby agrees, to immediately notify the Authority and transmit the funds within ten days to the Authority for payment on the Loan, unless the Authority, in its sole option and discretion, directs the Borrower to use the funds for the payment of eligible construction costs, or transmit the funds at a later date to the Authority for payment on the Loan. Any such payment received by the Authority may be applied to reduce each unpaid annual principal installment required with respect to the Loan in the proportion that such installment bears to the total of all unpaid principal installments, or, in the sole option and discretion of the Authority, may be applied to a future principal payment on the loan in a manner determined by the Authority. dwrf - con -db Page 2 of 9 City of New Hope (rev. 12/09) February 16, 2010 Section 1.5. Optional Prepayments (a) Upon 45 days prior written notice to the Authority and subject to approval by the Authority in its sole option and discretion, the Borrower may prepay the Loan and the Note, in whole or in part, on any February 20 or August 20 at a price equal to 100% of the principal amount to be prepaid, together with accrued interest thereon to the redemption date. The Borrower shall also pay to the Authority on any such redemption date all fees and expenses of the Authority, if any, paid or incurred in connection with the prepayment as determined by the Authority in its sole discretion. (b) The Authority may require an opinion from a law firm, selected by the Authority, having a national reputation in the field of municipal law whose legal opinions are generally accepted by purchasers of municipal bonds ('Bond Counsel ") to the effect that such prepayment will not cause the interest on the Note to be included in the gross income of the recipient thereof for federal income tax purposes. (c) The principal amount of a partial prepayment may, in the sole option and discretion of the Authority, (i) be applied to a future principal payment on the Loan in a manner determined by the Authority, or (ii) be applied to reduce each unpaid annual principal installment required with respect to the Loan in the proportion that such installment bears to the total of all unpaid principal installments (i.e., the remaining principal payment schedule shall be re- amortized to provide proportionately reduced principal payments in each year). Section 1.6. Authority Source of Funds The Borrower acknowledges that the Authority may provide funds for the Loan from the proceeds of one or more specified series of its Drinking Water Revenue Bonds (the 'Bonds "), federal capitalization grants or other funds of the Authority and that the Authority may, at any time, pledge the Loan as security for its Bonds. The Authority in its sole option and discretion may reallocate the Loan to another source or refund the Bonds from which the Loan was funded or deemed to be funded. ARTICLE II - THE PROJECT Section 2.1. Borrower Responsibilities With respect to the Project, the Borrower agrees to the following: (a) The Borrower acknowledges its responsibility to complete the Project regardless of the availability of additional loans or grants from the Authority. (b) The Borrower shall not enter into a sale, lease or transfer of any part of the Project, or change the use of the Project, without the prior written approval of the Authority if such sale, lease, transfer, or change in use would (i) violate the covenants set forth in Section 3.1, or (ii) violate the conditions under which any capitalization grants were furnished by the United States Environmental Protection Agency, or (iii) otherwise violate any terms or conditions of the Agreement. (c) The Borrower shall maintain adequate property insurance coverage for the Project in such amounts with such limits as it determines in good faith to be reasonable or in such amounts and with such limits as may be required by the Authority from time to time. (d) The Borrower agrees that it shall complete the Project for which financial assistance has been awarded under this Agreement in accordance with all applicable Minnesota Department of Health (the "MDH ") statutes, rules, regulations, reporting requirements, approvals, and certifications governing the design, construction and operation of the Project. (e) The Borrower agrees to exert all reasonable efforts to investigate claims which the Borrower may have against third parties with respect to the construction of the Project and, in appropriate circumstances, take whatever action, including legal action, the Borrower reasonably determines to be appropriate. dwrf - con -db Page 3 of 9 City of New Hope (rev. 12/09) February 16, 2010 Section 2.2. Construction Compliance (a) The Borrower will comply and require contractors and subcontractors to comply with the provisions of State wage requirements given in Minnesota Statutes, Sections 177.41 to 177.44, as amended or supplemented from time to time; and (b) In addition to the prevailing wage requirements under subsection (a), the Borrower will comply and require that all laborers and mechanics employed by contractors and subcontractors on the Project be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (46 Stat. 1494; 40 U.S.C., sec. 276a through 276a -5); and (c) If requested, the Borrower will submit to the Authority, within 20 days of the end of the semi - annual reporting period, EPA Form 5700 -52A to report on the award of prime contracts or subcontracts to any certified Minority and Women Business Enterprise (MBE /WBE) firms until the Project is complete, and (d) The Borrower will make a good faith effort to prepare and implement an affirmative action plan for the employment of minority persons, women, and disabled and submit the plan to the Commissioner of Human Rights, and (e) The Borrower will comply with Minnesota Statutes, Section 290.9705, as amended or supplemented from time to time by withholding eight percent (8 %) of payments made to all out -of -state contractors once cumulative payments made to the contractor for work done in Minnesota exceed $50,000 in a calendar year, unless an exemption is granted by the Department of Revenue. Withheld amounts are required to be deposited with the Minnesota Department of Revenue. ARTICLE III - TAX EXEMPTION Section 3.1. Covenants The Borrower acknowledges that this Loan constitutes the proceeds of the Note of the Borrower which is intended to bear interest which is excluded from gross income of the owner thereof for federal and State of Minnesota income tax purposes (a "Tax- exempt Note ") and may be funded by the Authority from the proceeds of the Authority's Bonds which were intended to bear interest which is excluded from gross income of the owner thereof for federal and State of Minnesota income tax purposes ("Tax - exempt Bonds "). The Borrower also acknowledges that, regardless of the source of funding, the Authority may pledge this Loan and the related Note as security for, and as a source of, the payment of debt service on any or all of its Tax - exempt Bonds. In consideration of these facts, the Borrower covenants and agrees with the Authority, whether or not strict compliance with such agreements is required to maintain the Note as a Tax - exempt Note or the Authority's Bonds as Tax- exempt Bonds, as follows: (a) The Borrower, with respect to the Note, will not take, or to the extent under its control, permit, any action which would cause the Note not to be a Tax- exempt Note or any Authority Bonds not to be Tax- exempt Bonds and will not omit from taking, or cause to be taken, any action required to maintain the note as a Tax - exempt Note or the Authority's Bonds as Tax - exempt Bonds. (b) The Borrower will take all actions with respect to the Note, necessary to comply with all instructions and requests of the Authority relating to maintaining the Authority's Bonds as Tax - exempt Bonds and the Note as a Tax - exempt Note or compliance with the agreements set forth in this section or in any Tax Compliance Certificate (hereinafter defined). (c) The Borrower agrees to comply with all requirements of any certificate or agreement ( "Tax Compliance Certificate ") executed and delivered in connection with the issuance of the Note. dwrf - con -db Page 4 of 9 City of New Hope (rev. 12/09) February 16, 2010 (d) The Borrower will promptly notify the Executive Director of the Authority in writing of any action or event which adversely affects the status of the Note as a Tax - exempt Note or any of the Authority's Bonds as Tax - exempt Bonds. (e) None of the proceeds of the Loan may be used to pay the costs of any facility used for any private business use or to make a private loan within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended (the "Code "), except as specifically permitted in writing by the Authority. (f) No Loan repayments may be made from, or secured by, property used or to be used for a private business use or payments in respect of such property within the meaning of Section 141 of the Code, except as specifically permitted in writing by the Authority. (g) The Borrower will not establish any fund or account, other than a bona fide debt service fund, securing the payment of the Tax - exempt Note or Tax - exempt Bonds or from which the Borrower reasonably expects to pay debt service on this Loan, or in any other respect create "gross proceeds," within the meaning of the Code, of the Tax- exempt Note or Tax - exempt Bonds, except as specifically permitted in writing by the Authority. (h) The Borrower will not invest any moneys constituting "gross proceeds" of the Tax - exempt Note or Tax - exempt Bonds at a yield, within the meaning of the Code, in excess of the lesser of the yield on the Tax - exempt Note or the Tax- exempt Bonds applicable to this Loan and shall disburse all Loan proceeds within five (5) days of the receipt thereof by the Borrower consistent with the terms of the Borrower's disbursement request. (i) Except as permitted under Treasury Regulations, Section 1.150 -2, the Borrower will not use Loan proceeds to reimburse itself for any payments of project costs which the Borrower made from other funds, if the original payment was made prior to the earlier of the issuance of the Authority Bonds used to fund this Loan or the execution and delivery of this Agreement and the Note or if the original payment was made from the proceeds of other debt of the Borrower. 0) The Borrower agrees that the allocation of Loan proceeds to specific sources of funds, including different series of Tax - exempt Bonds, shall be at the sole discretion of the Authority and such allocation shall be binding on the Borrower. (k) With respect to any gross proceeds of the Tax - exempt Bonds created by the Borrower, the Borrower shall be liable to the Authority for the amount required to be rebated as excess investment earnings to the United States. (1) The Authority may, in its sole option and discretion and only upon receipt of an opinion of counsel to the Authority, waive any of the agreements set forth in this Article III. ARTICLE IV - FINANCIAL RECORDS AND AUDITS Section 4.1. Financial Recordkeeping For all expenditures of funds made pursuant to this Agreement, the Borrower shall keep financial accounts and records in accordance with Generally Accepted Accounting Principles (GAAP) including invoices, contracts, receipts, vouchers and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Such accounts and records shall be accessible and available for a minimum of six years for examination by authorized representatives of: the Authority, the Department of Employment and Economic Development, the Legislative Auditor, and Office of the State Auditor. dwrf- con -db Page 5 of 9 City of New Hope (rev. 12/09) February 16, 2010 Section 4.2. Annual Audit Requirements (a) The Borrower shall provide the Authority with acceptable reports of independent annual audits for the term of the Loan. All audit reports must be submitted within 30 days after the completion of the audit but no later than one year after the end of the audit period. The audits must be conducted in accordance with generally accepted government auditing standards and in compliance with the single audit act requirements of the federal Office of Management and Budget, circular A -133. (b) The Borrower shall list the Note issued by the Borrower to the Authority to effect this Loan under General Obligation Debt of the Borrower in its official records and statements. The Borrower specifically agrees that the Note issued to the Authority shall be listed under General Obligation Debt of the Borrower in its annual audits for the term of the Loan. ARTICLE V - DISCLOSURE Section 5.1. Official Statement (a) The Borrower agrees to provide to the Authority such information with respect to the Borrower, its duties, operations and functions as may be reasonably requested by the Authority, and hereby consents to its inclusion in the Authority's official statement(s) used in connection with issuance and sale or the re- marketing of other Authority Bonds, whether or not all or a portion of the proceeds of which will be loaned to the Borrower. (b) At the request of the Authority, the Borrower will certify and represent that such information with respect to the Borrower in such official statements does not contain any untrue statements of a material fact or omit to state a material fact necessary to make such information, in light of the circumstances under which it was given, not misleading; provided, however, that in no event shall the Borrower be required to make any representation about any other information in such official statements or as to any such official statements in their entirety. If for any reason the Borrower determines that it shall not be able to make such certification and representation, it will provide such information as is necessary for inclusion in such official statements so as to enable it to make such certification and representation. (c) If at any time during the period ending 90 days after the date of an Authority official statement any event occurs which the Borrower believes would cause the information with respect to the Borrower in such official statement to omit a material fact or make the statements therein misleading, the Borrower shall promptly notify the Authority in writing of such information and consent to its inclusion in the official statement, an amendment thereof or a supplement thereto. At the request of the Authority, the Borrower will also provide the certification and representation required in (b) above with respect to such official statement as then amended or supplemented. (d) The Borrower will furnish such information, execute such instruments and take such other action in cooperation with the underwriters of the Authority's Bonds as such underwriters may from time to time reasonably request in order (i) to qualify, and maintain the qualification Of, any such Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as such underwriters may designate, and (ii) to determine the eligibility of such for investment under the laws of such states and other jurisdictions. (e) The Borrower will provide such information as may be reasonably requested by any rating agency in connection with rating the Bonds of the Authority. dwrf - con -db Page 6 of 9 City of New Hope (rev. 12109) February 16, 2010 Section 5.2. Continuing Disclosure If the Authority, in its sole discretion, determines, at any time prior to the termination of the term of the loan, (i) that the Borrower is a material "obligated person," as the term "obligated person" is defined in Rule 15c2 -12 promulgated pursuant to the Securities Exchange Act of 1934, as amended or supplemented, including any successor regulation or statute thereto ( "Rule 15c2 -12 ") or (ii) that a material event has occurred with respect to the Borrower or the Loan, as that term is defined in Rule 15c2 -12, or that any other action of the Borrower has occurred which the Authority determines in its sole discretion is material to an investor in the Bonds of the Authority, with materiality in either case being determined by the Authority pursuant to criteria established, from time to time, by the Authority in its sole discretion and set forth in a resolution or official statement of the Authority, the Borrower hereby covenants that it will authorize and provide to the Authority, for inclusion in any preliminary official statement or official statement of the Authority, all statements and information relating to the Borrower deemed material by the Authority for the purpose of satisfying Rule 15c2 -12 as well as Rule IOb -5 promulgated pursuant to the Securities Exchange Act of 1934, as amended or supplemented, including any successor regulation or statute thereto ( "Rule l Ob -5 "), including certificates and written representations of the Borrower evidencing its compliance with Rule 15c2 -12 and Rule lOb -5; and the Borrower hereby further covenants that the Borrower (if determined to be an obligated person) shall execute and deliver a continuing disclosure agreement, in such form as the Authority shall determine to be necessary, desirable or convenient, in its sole discretion, for the purpose of satisfying Rule 15c2 -12, and pursuant to the terms and provisions of such continuing disclosure agreement, the Borrower shall thereafter provide ongoing disclosure with respect to all annual and event information and financial statements relating to the Borrower required by Rule 15c -12 and pursuant to the terms and provisions of such continuing disclosure agreement, and the Borrower further agrees that the Authority shall have the right to disclose any information about the Borrower or the Loan, whether or not received from the Borrower, determined by the Authority in its sole discretion, to be material with respect to any of its Bonds. ARTICLE VI - COMPLIANCE Section 6.1. Minnesota Rule 7380.0296 If the Borrower has failed to fully comply with the loan conditions provided in Minnesota Rules 7380.0245 to 7380.0297, the Authority shall notify the Borrower in writing of the Authority's determination. The Borrower has three months from the date of notification to return to compliance or provide a written plan, acceptable to the Authority, for returning to compliance. Upon submission of a plan by the Borrower, the Authority shall either accept or reject the plan. If an accepted plan has a longer time period for returning to compliance, the time period for compliance shall be the period specified in the accepted plan. If after three months the Borrower fails to return to compliance or provide an acceptable plan, or fails to return to compliance within the time period specified in an accepted plan, the interest rate on the unpaid loan principal shall increase from and after the date of required compliance to the quarterly set rate in effect when the Borrower's loan application was received, with no further discounts as provided in Minnesota Rules 7380.0270. If the Borrower subsequently returns to compliance, the Borrower may request the Authority to reinstate the original interest rate. If the Authority determines, upon written request of the Borrower, that the Borrower has returned to compliance, the interest rate on the unpaid loan principal shall revert back to the original interest rate as of the date of the determination by the Authority. dwrf- con -db Page 7 of 9 City of New Hope (rev. 12/09) February 16, 2010 Section 6.2. Minnesota Statutes 16A.695 This Loan may be funded in whole or in part with State match funds derived from State General Obligation Bond proceeds. In order to comply with Minnesota Statutes Section 16A.695, as amended or supplemented from time to time, and the order of the Commissioner of Finance (the "Commissioner ") of the Department of Finance of the State of Minnesota (the "Order ") promulgated in connection with Section 16A.695 on July 14, 1994, if this Loan is funded with State match proceeds derived from State General Obligation Bonds, the Borrower agrees that: (i) any lease or management contract entered into by the Borrower with respect to property constituting all or a part of the Project shall be for the express purpose of carrying out of a governmental program established or authorized by law and established by official action of the Borrower and the Borrower shall obtain the prior written consent of the Commissioner; (ii) any such lease or management contract, including any renewals that are solely at the option of the lessee or manager, must be for a term substantially less than the useful life of the property subject to such lease or management contract, but may allow renewal beyond that term upon determination by the Borrower that the use continues to carry out the governmental program; (iii) any such lease or management contract will be terminable by the Borrower if the other contracting party defaults under the contract, or if the governmental program is terminated or changed; and will provide for program oversight by the Borrower; (iv) the Borrower will not sell any property constituting all or a part of the Project unless the Borrower determines by official action that such property is no longer usable or needed by the Borrower to carry out the governmental program for which it was acquired or constructed; and (v) any such sale must be made as authorized by law for fair market value as defined in Section 16A.695 and the Borrower shall obtain the prior written consent of the Commissioner. The Authority may waive the requirements of this paragraph at any time upon determination by the Authority that this Loan has not been and will not be funded from proceeds of State General Obligation Bonds. Section 6.3. General Upon notification from the MDH to the Authority that there has been a violation by the Borrower of MDH statutes, rules, regulations, reporting requirement, approvals, certifications, or permit requirements, as amended or supplemented from time to time; or if the Authority determines that the Borrower is in default with any section of the Agreement, the Authority may exercise any remedies available at law or in equity. ARTICLE VII - ADMINISTRATION Section 7.1. Fee. The Borrower acknowledges that the Authority may apply up to 2% of any loan repayment to payment of administrative costs and that such application shall not increase the amount of any repayments or extend the period of repayment. Section 7.2 Notices In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party to whom it is directed. Such address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: In the case of the Authority: In the case of the Borrower: Minnesota Public Facilities Authority City of New Hope Attention: Executive Director Attention: Mayor 332 Minnesota Street, Suite E200 4401 Xylon Avenue North St. Paul, MN 55101 -1351 New Hope, MN 55428 -4843 Section 7.3. Termination of Loan The obligations of the Borrower under this Agreement (except the obligations set forth in Section 2.1 and Section 6.2 hereof) shall terminate when the Loan is fully paid and retired. dwrf - con -db Page 8 of 9 City of New Hope (rev. 12/09) February 16, 2010 Project Number: MPFA -09- 0050- R -FY10 Borrower Name: City of New Hope The Authority and the Borrower acknowledge their assent to this agreement and agree to be bound by its terms through their signatures entered below. Statutory Cities must execute this Agreement as provided in Minnesota Statute 412.201, as amended or supplemented. Home Rule Charter Cities must execute this Agreement as provided in Minnesota Statute, Chapter 410, as amended or supplemented. BORROWER: We have read and we agree to all of the above provisions of this agreement. By Kathi Hemken Title Mavor Date 1 0 STATE OF MINNESOTA by and through the Public Facilities Authority. By Elroy Title Chair Date 'r h Kirk McDonald Title Cily Manager Date ,-3 /3 �-c)I/ U ENCUMBERED: Department of Employment and Economic Development By Date Encumbered B24 -169 2/23/2010 (Individual signing certified that funds have been encumbered as required by Minnesota Statute 16A) dwrf- con -db Page 9 of 9 City of New Hope (rev. 12/09) February 16, 2010 MN Public Facilities Authority New Hope, City of MPFA -09- 0050 -R -FY 10 Loan date: Accrual date: immediate Rate: 1.703% Exhibit A Loan Amortization Schedule funding dates / amounts: Date Effective Source Disbursement Repayment Interest projected 03/24/10 418,644.00 Drinking Water Revolving Fund 418,644.00 fmal loan amount: 418,644.00 Principal Loan Balance Annual D.S. 418,644.00 08/20/10 10,535.41 2,891.41 7,644.00 411,000.00 10,535.41 02/20/11 3,499.67 3,499.67 411,000.00 08/20/11 22,499.67 3,499.67 19,000.00 392,000.00 25,999.34 02/20/12 3,337.88 3,337.88 392,000.00 08/20/12 22,337.88 3,337.88 19,000.00 373,000.00 25,675.76 02/20/13 3,176.10 3,176.10 373,000.00 08/20/13 22,176.10 3,176.10 19,000.00 354,000.00 25,352.20 02/20/14 3,014.31 3,014.31 354,000.00 08/20/14 22,014.31 3,014.31 19,000.00 335,000.00 25,028.62 02/20/15 2,852.53 2,852.53 335,000.00 08/20/15 22,852.53 2,852.53 20,000.00 315,000.00 25,705.06 02/20/16 2,682.23 2,682.23 315,000.00 08/20/16 22,682.23 2,682.23 20,000.00 295,000.00 25,364.46 02/20/17 2,511.93 2,511.93 295,000.00 08/20/17 22,511.93 2,511.93 20,000.00 275,000.00 25,023.86 02/20/18 2,341.63 2,341.63 275,000.00 08/20/18 23,341.63 2,341.63 21,000.00 254,000.00 25,683.26 02/20/19 2,162.81 2,162.81 254,000.00 08/20/19 23,162.81 2,162.81 21,000.00 233,000.00 25,325.62 02/20/20 1,984.00 1,984.00 233,000.00 08/20/20 23,984.00 1,984.00 22,000.00 211,000.00 25,968.00 02/20/21 1,796.67 1,796.67 211,000.00 08/20/21 23,796.67 1,796.67 22,000.00 189,000.00 25,593.34 02/20/22 1,609.34 1,609.34 189,000.00 08/20/22 23,609.34 1,609.34 22,000.00 167,000.00 25,218.68 02/20/23 1,422.01 1,422.01 167,000.00 08/20/23 24,422.01 1,422.01 23,000.00 144,000.00 25,844.02 02/20/24 1,226.16 1,226.16 144,000.00 08/20/24 24,226.16 1,226.16 23,000.00 121,000.00 25,452.32 02/20/25 1,030.32 1,030.32 121,000.00 08/20/25 24,030.32 1,030.32 23,000.00 98,000.00 25,060.64 02/20/26 834.47 834.47 98,000.00 08/20/26 24,834.47 834.47 24,000.00 74,000.00 25,668.94 02/20/27 630.11 630.11 74,000.00 08/20/27 24,630.11 630.11 24,000.00 50,000.00 25,260.22 02/20/28 425.75 425.75 50,000.00 08/20/28 25,425.75 425.75 25,000.00 25,000.00 25,851.50 02/20/29 212.88 212.88 25,000.00 08/20/29 25,212.88 212.88 25,000.00 - 25,425.76 totals 418,644.00 495,037.01 76,393.01 418,644.00 495,037.01 Weighted avg maturity (assuming issue date of 03/24/10): 10.72 years Estimated interest savings: $67,270 MPFA Financial Management 02/23/10 dw NewHope.xls Av oo MR O CT 2 0 20 11 MINNESOTA- REVENUE IC134 W i thh ol d ing Affi for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. ------------------- Company name Daytime phone Minnesota tax ID number S. R. Wei In 763428 -9110 I 1808244 Address Total contract amount Month /year work began 17600 113th Avenue North $ 1,196,102.76 3/2010 City State Zip Code Amount still due Month /year work ended ( Maple Grove MN 55369 ) $ 23,922.06 10/2011 Project number Project location 1800 New Hope, MN Project owner Address City State Zip code City of New Hope 44 Xyl A ven ue N New Hope MN 55428 Did you have employees work on this project? Q Yes O No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ❑ Subcontractor Name of contractor who hired you Address ED Prime contractor —if you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name Address Owner /Officer Lucas Company 29191 Verdin Street NW, Isanti, MN 55040 Jim Lucas Highway Technologies 4700 Lyndale Ave., Minneapolis, MN 55430 Julie Johnson Midwest Asphalt P.O. Box 5477, Hopkins, MN 55343 John Toedt West Star Curb, Inc. 281 Ce ntr a l Avenue, Watkins, M N 55389 Dean Neaton Brothers Erosion, LLC 3480 County Roa 2 M ayer, MN 5536 Chris Neaton m C. S. M cC r ossa n, In c. P. O. Bo 1240, Map G M N 5539 Jane McCrossan I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief t authorize the Department of Rev - enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any su if I am a prime contractor, and to the contracting agency. Con actor's signature _ y Title Date m l t t Controller Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Depart� / nj of Revenue approval /j r " "` ���� Date Stock No. 5100134 (Rev. 1/07) MINNESOTA• REVENUE Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. -- — — — — — — — — — — — — — — — Company name —, Daytime phone Minnesota tax ID number S. R. W Inc. 763 -428 -9110 1808244 Address Total contract amount Month /year work began 17600 113 th Avenue North $ 1,196,102.76 3/2010 City State Zip Code Amount still due Month /year work ended Maple Grove MN 55369 ) $23,922.06 10/2011 Project number Project location 1800 I N Hope, MN S± Project owner Address City State Zip code City of New Hope 4 Xy lon Aven North New Hope MN 55428 IL Did you have employees work on this project? QYesQ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ❑ Subcontractor Name of contractor who hired you Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit- For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. B usi n ess nam Address Owner /Officer Page 2 v. Honda Electrical Contractors P.O. Box 236, Loretto, MN 55357 Jeff Plzak Dustbusters Pavement Sweeping 1 126th Ave. NW, Coon Rapids, MN 55 Eric Kemp Morris Excavating, Inc. 425 Coka S West, Cokato, MN 55321 Tom Morris I declare that all information 1 have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev - enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any su/ contractors if I am a prime contractor, and to the contracting agency. Conbilactorls signature r Title Date p ! / ; Controller /, )r Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfil e all the requirements of MinnesolA Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax fro a es id em loyees latin o c tracts ces with the state of Minnesota and /or its subdivisions. De a t , �v 4 2011 Date Stock No 5000134 IRev 1/07) ,& �j r ��ft ;�4R t: li 201 MINNESOTA- REVENUE IC134 Withholding Aff for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. --- ----------------- Company name Daytime phone Minnesota tax ID number Luc Compan ' 763 -464 -2936 998 Address Total contract amount Month /year work began 29 Verdin Street NW I $ 950.00 7/2010 f City state Zip Code Amount still due Month /year work ended Isanti MN 55040 ) $ 47.50 8/2010 Project number Project location 1800 I N ew Hope, MN Project owner Address city Slate Zip code IL € City of New Hope 44 01 Xylo Ave N New Hope MN 55428 Did you have employees work on this project? QYes❑ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. > ❑ Sole contractor Subcontractor Name of contractor who hired you S. R. Weidema, Inc. Address 17600 113th Avenue North Maple Grove, MN 55369 ❑ Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit, For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, f�. attach a separate sheet. Business name Address Owner /Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev - " enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if 1 am a subcontractor, and to any sub96ntractors if 1 am a prime contractor, and to the contracting agency. =1 Contrpictor's signature Title Date _ y 1 AAA Mai! to; Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from es paid to employees relating t n act services with th e state of Minnesota and /or its subdivisions. Dep e o { a r al —v [ � �U I Date d U Stock No. 5000134 (Rev. 1/07) Jude J M INNESOTA. REVENUE UE I Minnesota Revenue- Home i contact us I Help Contmetoes WMholding A#Idavlt C'o#00nation H16#IWAY TECH MOGIE,S INC IQ 6494623 Please keep this infom4abon for your records. To print or save this page, use your brow�ees print or save function. Do n% Ursa your browvkes back button. Submit a copy of this page to the bt4ainess that hired you to receive your tonal payment 4nt4rmatlon number 393434 .Aug.U2 10:49:20 CDT 2011 Project owner t" OF NEW HOPE Pr9j�act i'ieirnbgr SP:182= 1D9 -t)6. P ojecf:Dq�ip date Rpr+i 2(f1© A ct ePd tsate Jani4`2011 . Pict location ' WN!!}E�)fA IMPROVEMENTS. NEW HOPE 3ulzcnnfrjli }ors N . 9 subcontractors listed. t } Mirmwta Department of Revenue I Site privacy. & security i Use or information httm- / /www.mndnr etxte, mn nc /wn /acfinn /nrrupcc R /7./2()1 i 11 - ! ma MINNESOTA- REVENUE Contractor Withholding Affidavit Confirmation MIDWEST ASPHALT CORP ID 7252554 Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 394106 Thu Aug 04 14:37:18 C DT 2011 CITY OF NEW HOPE 845 April 2010 June 2010 WNNETKA AVENUE NEW HOPE No subcontractors listed. l 30ti6 `IN �).69LH6 S6 01'7 :iPq "V lz;AP!A Mlcl:Z W)( ti n OCT -6 -2011 12:30P FROM:�ST STAR CURB 3207649582 MINNESOTA REVENUE Contractor Withholding Affidavit Confirmation WESTSTAR CURB & CONCRETE ID 1188501 T0:17634289095 P.2 page IofI Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number 408830 Thu Oct 0612:37:31 CDT 2011 Project owner CITY OF NEW HOPE Project number 845 Project begin date August 2010 Project end date June 2011 WINEKTA AVENUE IMPROVEMENTS Project location No subcontractors listed. Subcontractors https://www.mndor.state.mn-us/we/acfion/ 10/6/2011 MINNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation NEATON BROTHERS EROSION LLC ID 4990862 Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 394460 Mon Aug 08 08:22:46 CDT 2011 CITY OF NEW HOPE 1800 November 2010 June 2011 W INNETKA AVENUE No subcontractors listed. 100 /T00Z SHRH.LONG NO,LVHN 985£ S96 ZS6 XVd Zf :L0 TTOZ /80/80 08/19/11 09:29 FAX 7634258727 C S MCCROSSAN AVpqMq 0CT 2 0 fll9 1wt NNESOTA• REWNUE Contractor's Withholding Affidavit Confirmation MICCROSSAN C S CONSTRUCTION INC ID 4759194 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment Confirmation number 396773 Fri Aug 19 09:16:15 CDT 2011 Project owner S R WEIDEMA Project number SRW1800 Project begin date September 2009 Project and date August 2011 Project location WINNETKA AVE Subcontractors No subcontractors listed. https://www.mndor.state.mn.us/we/action/conflrmatiOnPrint 16 002 Page 1 of 1 8/19/201.1 https://www.mndor.state.iiin.us/wc/action/confirmationPrint 12 F F'� l i f. Contractor's Withholding Affidavit Confirmation HONDA ELECTRIC INC ID 2745089 Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 344582 Tue Oct 19 11:09:59 CDT 2010 CITY OF NEW HOPE City Job #845 September 2010 September 2010 WI NNETKA AVENUE, NEW HOPE No subcontractors listed. 1 of 1 10/19/2010 1 1:10 AM AVOORMR OCT 2 0 2011 MINNESOTA- REVENUE IC134 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. (Company name Daytime phone Minnesota tax ID number D ustbuste rs Pavement Sweeping 763 - 753 -5697 ' 4189088 Address Total contract amount Month /year work began 1 380 126th Avenue NW $ 3,380.00 7/2010 City State Zip Code Amount still due Month /year work ended ( Coon Rapids MN 55448 ) $ 169.00 9/2011 Project number Project location 1800 ( New Hope, MN Project owner Address City State Zip code City of New Hope 4401 Xylon Avenue North New Hope MN 55428 a , Did you have employees work on this project? ❑✓ Yes ❑ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ✓❑ Subcontractor Name of contractor who hired you S. R. Weidema, Inc. Address 17600 113th Avenue North Maple Grove, MN 55369 ❑ Prime contractor —if you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name A Owner /Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. 1 authorize the Department of Rev - enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor it I am a subcontractor, and to any su if i am a prime contractor, and to the contracting agency. i r_on Date, signature � , _ Title - / -�` � '/ 1. 1 r i - Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wags aid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Departure t ve u p ov Date (:&VK NOV 1 2 Stock No. 5000134 iRer. 1 /07) SEE-22 -20 THU 0'2. I'M 11 EXCAVATING M AVDORMR OCT 2 0 2011 , N N E SOTA - REV E N U F Contractor's Withholding Affidavit Confirmation MORRIS EXCAVATING INC 10 3831704 Piesse keep this information for your r9cords. Submit a copy of this page to the business that hired you to receive your final payment Confirmation number 407159 Thu Sep 29 13:30 CDT1 2011 Project owner CITY OF NEW HOPE Project number 1800 Project begin date July 201 Project end date August 201 Project location WINNETKA AVE NEW HOPE MN Subcontmators No subcontractors listed. ;AX: 3 2 0 2 - 8-66215 F. 002 Page I of I h++- ll..., - ,..,..,,1- �+„ +- -- -4- 1-+- 1 COUNCIL V1*6 REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works May 14, 2012 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 6.11 Resolution approving change order No. 8 for the Winnetka Avenue infrastructure improvement project (improvement project 845) Requested action Staff is recommending that the Council approve change order No. 8 to the contract with S. R. Weidema Inc., in order to meet the requirements of the federal government's economic stimulus package grant program. Background Improvements to Winnetka Avenue, between Bass Lake Road and 62nd Avenue, were included in the city's pavement management plan for the 2006 infrastructure project. Because of utility funding restrictions for the proposed replacement of the water main, the infrastructure improvements along Winnetka Avenue were removed from the 2006 infrastructure project. The proposed project was submitted to the Minnesota Department of Transportation to be considered for the federal government's economic stimulus package. The federal government referred to the project as a "ready to go" project that could be bid out in 90 to 120 days. On January 26, 2008, Council authorized preparation of a feasibility report for the proposed infrastructure improvements to Winnetka Avenue. On March 9, 2009, the city engineer presented the feasibility report for the proposed Winnetka Avenue infrastructure improvement project. Council reviewed the report and authorized preparation of plans and specifications for the project. Council approved plans and specifications and ordered advertisement for bids at the April 27 Council meeting. On October 26, 2009, Council awarded a contract to S. R. Weidema Inc. for the Winnetka Avenue infrastructure improvement project. MOTION BY '/ SECOND BY TO: I:RFA \PubWorks\2012 \845 Winnetka Ave. Change Order No.8 Request for Action May 14, 2012 Page 2 The Winnetka Avenue improvements involved street and utility infrastructure work. The infrastructure improvements included replacement of the asphalt street, spot curb and sanitary sewer replacement, storm water improvements, and replacement of the existing cast iron water main. Because the Winnetka Avenue infrastructure improvement project was included in the federal government's economic stimulus package grant program and received grant funds, individual change orders were required for many activities of the contract with S. R. Weidema Inc. Change order No. 8 is for a payment deduction for a portion of the coarse aggregate used for backfill around drainpipe. A very small portion of the total aggregate used was undersized a little bit from the specifications. The Minnesota state aid office is responsible for reviewing all of the materials used in the project for the federal grant program. Based on their review of the aggregate, they have recommended that 5% ($160.40) of the aggregate cost be deducted from the contract. S. R. Weidema Inc. has agreed to the state aid office's recommended adjustment to the contract. Change order No. 8 is a $160.40 credit to the city. Funding The original amount of the contract for the Winnetka Avenue infrastructure improvement project was $1,186,460.15. The seven change orders previously approved by the Council totaled $64,896.36. The revised contract amount, including the seven previous change orders, was $1,251,356.51. With the change order No. 8 credit of $160.40, the revised contract amount is now $1,251,196.11. The engineer's preliminary construction estimate was $1,450,000. The city received $778.723 from the federal grant that reimbursed the city for the entire street portion of the project and 55 percent of all the storm water related work. Attachments The engineer's recommendation, the change order, and the resolution are attached. CITY OF NEW HOPE Resolution No. 12- 78 Resolution approving change order No. 8 for the Winnetka Avenue infrastructure improvement project (improvement project 845) WHEREAS, the city has entered into a contract with S. R. Weidema Inc., for the Winnetka Avenue infrastructure improvement project; and, WHEREAS, during the course of construction, review of the specified materials used for the project were required to meet requirements of the federal government economic stimulus package grant program; and, WHEREAS a deduction in the contract for a minor deviation in the size of aggregate used to backfill drainpipe is required to meet state aid recommendations; and, WHEREAS, the city engineer and staff have reviewed the deduction recommended by the state aid office, and find the amount of the deduction to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves change order No. 8 which is a credit of $160.40. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of May, 2012. Attest: City Clerk �' Lld' ? 4 , V �-' Mayor It May 3, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St, Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Mr. Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Winnetka Avenue Improvements — Change Order No. 8 Client Project No.: 845 SAP No.: 182 - 109 -06 Minn. Project No.: ES10ES (035) Project No.: 000034 - 08209 -0 Dear Guy: Change Order No. 8 provides the contractor receive a deduct in payment for the coarse filter aggregate that did not meet specifications. MNDot has recommended a deduction of 5% on the coarse filter aggregate. The total amount of the change order is ($106.40). We recommend approval of the enclosed Change Order No. 8 for the work completed. Sincerely, STANTEC 14�� •• Katie Warner, PE � V 651 - 967 -4629 Attachments: Change Order No. 8 Copy: Kirk McDonald, New Hope City Manager MOAL9:414 0 1250 2500 Scale in feet rn O O N b PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 WINNETKA AVENUE IMPROVEMENTS : 3408209FO1.DWG DATE:JANUARY 2009 COMM: 000034- 08209 -0 i ------------ z UJ < I- ----------- of r z En 2 0� 0 < w H (L U) 3 335 N 3AV HUrIG L U CD Z F- R Lj 0 D F F- ui Z fk� ZR 0 0 w O U Z , ------ CL ----------- L - ------ - La z z ------------------ ro, oz)) nb rell ( N 3A H109 N 3W ONZ9 - L-J- N 3AV Z/L 69 ---------- ---------- - — L-J W rell ( N 3A H109 N 3AV iStg O *0 N uj D� Z) (D U- I Sw �0 0 w z uj 0 0 ui Z uj 0 F- Lu Z - L-J- N 3AV Z/L 69 ---------- L-J N 3AV RIGS 3AOHV 335 N 3AV iStg O *0 N uj D� Z) (D U- I Sw �0 0 w z uj 0 0 ui Z uj 0 F- Lu Z May 15, 2012 S.R. Weidema Inc. 17600 113 Ave N. Maple Grove, MN 55369 Subject: Change Order No. 8 for Project No. 845 At its meeting of May 14, 2012, the New Hope City Council authorized change order no. 8 for deduct of $160.40. This brings the revised contract amount to $1,251,196.11. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, � . IU -- Valerie Leone, CMC City Clerk id MI cc: Katie Warner, Stantec Guy Johnson, director of public works 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 m Public Works: 763 - 592 -6777 m TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763- 531 -5174 + Public Works Fax: 763- 592 -6776 Minnesota Public Facilities Authority CWRF and DWRF Application Form 5 — Compliance with Federal and State Laws, Rules, Regulations As a condition of receiving funding, a Borrower is required to comply with certain state and federal laws, rules and regulations and to ensure that their contractor(s) also comply with these regulations, laws and rules. This form lists and describes the various compliances that apply and will be incorporated as a covenant of the PFA Borrower in the PFA financing agreement and in the general obligation bond to be executed by the Borrower. 1. Title VI of the Federal Water Pollution Control Act, more commonly known as the Clean Water Act. 2. Safe Drinking Water Act (P.L. 93 -523) National Environmental Policy Act (P.L. 91 -190 (1970)); National Historic Preservation Act (P.L. 89 -665 as amended, 80 Stat. 917 (1966)); Archeological and Historic Preservation Act (P.L. 93- 291(1974)); Protection of Wetlands, Executive Order No. 11990 (1977), as amended by Executive Order No. 12608 (1997), Flood Plain Management, Executive Order No 11988 (1977), as amended by Executive Order No. 12148 (1979); Farmland Protection Policy Act (P.L. No 97 -98 (1981)); Coastal Zone Management Act (P.L. 92 -583 (1972), as amended); Coastal Barriers Resources Act (P.L. 97 -378, 96 Stat 1653 (1982)); Wild and Scenic Rivers Act (P.L. 90 -542, 82 Star. 913 (1968)); Endangered Species Act (P.L. 93 -205 (1973), as amended); Essential Fish Habitat Consultation Process under the Magnuson- Stevens Fishery Conservation and Management Act (P.L. 94 -265 (1976), as amended) and; Clean Air Act Conformity (P.L. 95 -95 (1977), as amended). 4. Title VI of the Civil Rights Act of 1964 (P.L 88 -352), Section 13 of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. Sec. 1251), Section 504 of the Rehabilitation Act of 1973 (P.L. 93 -1123, 87 Stat. 355, 29 U.S.C. Sec. 794), The Age Discrimination Act of 1975 (P.L. 94 -135 Sec. 303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), and subsequent regulations, ensures access to facilities or programs regardless of race, color, national origin, sex, age or handicap. 5. Executive Orders 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations. Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Inclusion of the seven clauses in Section 202 of E. O. 11246 as amended by E. O. 11375 and 12086 are required in all project related contracts and subcontracts over $10,000. 6. Executive Orders 11625, 1.2138 and 12432; 40 CFR part 33 Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements; Section 129 of P. L. 100 -590 Small Businesses Reauthorization & Amendment Act of 1988; Public Law 102- 389 (42 U.S.C. 437d); a 1993 appropriations act ( "EPA's 8% statute "); Public Law 101 -549, Title X of the Clean Air Acts Amendments of 1990 (42 U.S.C. 7601 note) (`EPA's 10% statute "). Encourages recipients to award construction, supply and professional service contracts to minority, women's business enterprises (MBE/WBE's) and small businesses and requires recipients to utilize affirmative steps in procurement. 7. Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Prohibits entering into contracts or sub - contracts with individuals or businesses who are debarred or suspended. Borrowers are required to check the status of all contractors (construction and professional services) and must require contractors to check the status of subcontractors for contracts expected to be equal to or over $25,000 via this Internet address: http: //epl s. arnet. gov / 8. Executive Order 13502, use of Project Labor Agreements for Federal Construction Projects. Form 5 — Compliance with Federal/State Laws, Rules, Regulations Page 2 of 2 9. OMB Circular A -133, issued pursuant to the Single Audit Act of 1984 ((P.L. 98 -502), as amended 1996), which establishes audit requirements for state and local governments receiving federal funds. 10. Section 504 of the Federal Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), Minn. Statutes 1990, Chapter 363 Minnesota Human Rights Act. Requires that all public spaces and programs be designed and constructed to be accessible to the physically handicapped. 11. Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and subsequent regulations found at 49 CFR Part 24. Identifies procedures for the acquisition of property and the relocation of persons and businesses. 12. Section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) and section 1450(e) of the Safe Drinking Water Act (33 U.S.C. 1372). Requires that all laborers and mechanics employed by contractors or subcontractors be paid wages at rates not less than those prevailing for the same type of work as determined by the U. S. Secretary of Labor in accordance with the Davis -Bacon Act (46Stat. 1494; 40 U.S.C., sec. 276a through 276a -5). Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 2 of the Davis -Bacon Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c). 13. Minnesota Statutes, Section 471.345, Uniform Municipal Contracting Law. 14. Minnesota Statutes, Section 574.26 to 574.32, the Public Contractors' Performance and Payment Bond Act, as applicable. 15. Minnesota Statutes sections 176.181 - 176.182. Requires recipients and subcontractors to have worker's compensation insurance coverage. 16. Minnesota Statutes, sections 177.41- 177.43 (prevailing wage rate law). Requires that contractors pay laborers and mechanics prevailing wages established by the Minnesota Department of Labor and Industry for public works projects. Contractors or subcontractors failing to comply with the prevailing wage law may result in civil or criminal penalties. 17. Minnesota Statutes 290.9705. Requires that 8 percent of payments made to out -of -state contractors be withheld once cumulative payments made to the contractor for work done in Minnesota exceed $50,000 in a calendar year, unless an exemption is granted by the Department of Revenue. 18. Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act. 19. Minnesota Statutes Chapter 363A, the Minnesota Human Rights Act. . The certifies that it has or will comply with the above requirements. (Name of Borrower) r (Signature of Authorized Official) bate 1-2 1 - 10 (w /DS) COUNCIL e F 11t' 1 2"i�hf I:RFA \PubWorks\2011 \845 Winnetka Ave. change urger Not In VIR IL L REQUEST FOR ACTIN Originating Department Approved for Agenda Agenda Section Public Works July 25, 2011 Develo ment & Plannin Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 8.4 Resolution approving change orders No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6 for the Winnetka Avenue infrastructure improvement project (improvement projec 45j,' Requested action Staff is recommending that the Council approve change orders No. 1 through No. 6 to the contract with S. R. Weidema Inc., in order to meet the requirements of the federal government's economic stimulus package grant program and for additional work completed. Background Improvements to Winnetka Avenue, between Bass Lake Road and 62nd Avenue, were included in the city's pavement management plan for the 2006 infrastructure project. Because of utility funding restrictions for the proposed replacement of the water main, the infrastructure improvements along Winnetka Avenue were removed from the 2006 infrastructure project. The proposed project was submitted to the Minnesota Department of Transportation to be considered for the federal government's economic stimulus package. The federal government referred to the project as a "ready to go" project that could be bid out in 90 to 120 days. On January 26, 2008, Council authorized the preparation of a feasibility report for the proposed infrastructure improvements to Winnetka Avenue. On March 9, 2009, the city engineer presented the feasibility report for the proposed Winnetka Avenue infrastructure improvement project. Council reviewed the report and authorized the preparation of plans and specifications for the project. Council approved plans and specifications and ordered advertisement for bids at the April 27 Council meeting. On October 26, 2009, Council awarded a contract to S. R. Weidema Inc. for the Winnetka Avenue infrastructure improvement project. The Winnetka Avenue improvements involved street and utility infrastructure work. The infrastructure improvements included replacement of the asphalt street, spot curb and sanitary sewer replacement, storm water improvements, and replacement of the existing cast iron water main. MOTION BY SECOND BY TO: I:RFA \PubWorks\2011 \845 Winnetka Ave. change urger Not Request for Action July 25, 2011 Page 2 Because the Winnetka Avenue infrastructure improvement project was included in the federal government's economic stimulus package grant program and received grant funds, individual change orders were required for many of the activities that were above and beyond the original bid tab line items of the contract with S. R. Weidema Inc. Change Order No. 1 satisfies the on- the -job training program requirement of the Minnesota Department of Transportation's (Mn /DOT) Office of Civil Rights. This requirement is necessary for the city to receive federal funding. This requirement was shared with the city after the contract was awarded, and not during Mn/DOT's preliminary review of the project plans and specifications. Had that occurred during Mn/DOT's review process, the requirement would have been included in the original specifications prior to requesting bids. The contractor has submitted documentation of their training program and met the Office of Civil Rights requirements. The amount of change order No. 1 is $448. Change order No. 2 involved a substantial amount of additional work the contractor was required to perform while working in close proximity to CenterPoint's high pressure 24 inch gas line. CenterPoint was not able to determine the depth of the entire length of the gas line prior to the start of the excavation work in the project area. Because of the depth of the gas pipe in some areas, the contractor had to complete additional work to account for grade conflicts during installation of the new water main and storm water pipe. Also, some of the city's existing utilities no longer met high pressure gas lines' current clearance requirements and had to be relocated. The amount of change order No. 2 is $43,862.52. Change order No. 3 involved additional work the contractor was required to perform in order to mitigate a substantial amount of ground water in some areas of the street's sub -grade soils. The federal government economic stimulus package grant program requires change order No. 3 to be split into two separate figures because half of the work was along the city of Crystal's portion of Winnetka Avenue. The amount of change order No. 3 is $7,252.38. Change order No. 4 involved the additional work required for a number of miscellaneous items. The items included the removal of buried stumps that were exposed in the road right -of -way during installation of the new utilities; a $245.89 restocking charge for return of a new storm water structure when, after exposing one of the existing storm water structures, it was determined that it was structurally sound; work necessary to realign portions of the sanitary sewer collection system because of grade conflicts while installing the new water main; and the abandoning of some unused water service. On a conventional street project, the additional project costs for most of the items in change order No. 4 would normally be covered in the original contract through additional quantities. As mentioned earlier, this change order is required because of the federal government's economic stimulus grant program. The amount of change order No. 4 is $5,154.85. Change order No. 5 is for an incentive payment for the high quality of workmanship in the installation of the asphalt pavement. As required by state aid specification, the city's contract with the contractor must stipulate an incentive payment if the installed new payment meets or exceeds a certain density. The base course of asphalt the contractor installed last year exceeded the required densities. This is the same type of incentive payment the city was required to pay to the Bass Lake Road water main contractor for the paving on Bass Lake Road earlier this year. It is possible that the city will have another incentive payment for high quality workmanship for installation of the asphalt pavement on the Winnetka Avenue project once the density testing for the final wear course of asphalt that was installed a few weeks ago is completed. The amount of change order No. 5 is $3,907.49. Request for Action July 25, 2011 Page 3 Change order No. 6 recognizes the extension of the project's substantial completion date from September 3, 2010, to October 8, 2010. The federal government's economic stimulus package grant program requires the approval of a change order to document a substantial completion date change. Because of the impact of weather conditions, poor wet sub - soils, and CenterPoint Energy's involvement during the Winnetka Avenue project, the city's engineer and staff supported extension of the substantial completion date. Change order No. 6 has no city cost associated with it. Funding The amount of change order No. 1 to meet the federal government economic stimulus package grant program's on- the -job training requirement is $448. Change order No. 1 is 100 percent eligible for federal /state aid funds. The amount of change order No. 2 for the additional work around the high pressure gas main is $30,784.61 for additional storm water pipe work and $13,077.91 for additional water main work. Of the storm water pipe work, 55 percent is eligible for federal /state aid funds. The remaining 45 percent of the storm water pipe work will be funded by the city's storm water fund. The additional water main work will be funded by the city's water fund. The amount of change order No. 3 for the additional work required because of poor wet sub -soils is $7,252.38. Change order No. 3 is 100 percent eligible for federal /state aid funds. The amount of change order No. 4, for additional work required for a number of miscellaneous items, is $5,154.85. The first two items in change order No. 4 are 100 percent eligible for federal /state aid funds, and $245.89 for the storm water line item is 55 percent eligible for federal /state aid funds. The remaining 45 percent of the storm water line item will be funded by the city's storm water fund. The $1,685.40 for the additional sanitary sewer and $2,987.30 for the additional water main work will be funded by the city's sewer and water funds respectively. The amount of change order No. 5 for the incentive payment for high quality workmanship on the installation of the asphalt pavement is $3,907.49. Change order No. 5 is 100 percent eligible for federal /state aid funds. Change order No. 6 has no cost associated with it. The original amount of the contract for the Winnetka Avenue infrastructure improvement project was $1,186,460.15. With the six change orders, the increase is $60,625.24, or just over 5 percent. The revised contract amount including change orders No. 1 through No. 6 is $1,247,085.39. The engineer's preliminary construction estimate was $1,450,000. A maximum of $834,000 from the federal grant is available to reimburse the city for the entire street portion of the project and 55 percent of all the storm water related work. Attachments The engineer's recommendation, the change order, and the resolution are attached. CITY OF NEW HOPE Resolution No. 11- 106 Resolution approving change orders No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6 for the Winnetka Avenue infrastructure improvement project (improvement project 845) WHEREAS, the city has entered into a contract with S. R. Weidema Inc., for the Winnetka Avenue infrastructure improvement project; and, WHEREAS, during the course of construction, modifications to the approved plans and specifications were needed to meet requirements of the federal government economic stimulus package grant program; address grade conflicts with Center Point Energy's infrastructure and meet high pressure gas line clearance requirements; mitigate a substantial amount of ground water in some areas of the street's sub -grade soil; address necessary adjustments during installation of the new water main and storm water pipe, and the repairs and adjustments to the city's existing utility infrastructure to accommodate installation of the new water main and storm water pipe systems; abandon unused water services; pay an incentive for high quality workmanship in the installation of the asphalt pavement as required to meet state aid specifications; and document the extension of the project's substantial completion date from September 3, 2010, to October 8, 2010; and, WHEREAS, the city engineer and staff have reviewed the costs submitted by S. R. Weidema Inc., and find the costs for the additional work to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves change orders No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6 in the total amount of $60,625.24. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of July, 2011. Attest: t City Clerk Mayor 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636 -1311 www.bonestroo.com July 6, 2011 Mr. Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Winnetka Avenue Improvements — Change Order #1 -6 Client Project No.: 845 SAP No.: 182 - 109 -06 Minn. Project No.: ESiOES (035) Bonestroo Project No.: 000034 - 09221 -0 Dear Guy: V]= A number of issues arose during construction of the Winnetka Avenue Improvements project. Staff and the contractor have agreed to additional compensation to cover the costs associated with these issues. Change orders 1 -6 outline the issues and include the agreed upon additional costs to be added to the contract. As shown on the change orders, MNDOT has recommended payment in accordance with the eligibility requirements for federal /state aid. A summary of the funds to be used for these additional costs is shown below: Storm Water Water Main Sanitary Sewer Federal Aid TOTAL Fund Fund Fund $28,910.91 $13,963.72 $16,065.21 $1,685.40 $60,625.24 The available federal aid for this project is capped at $834,000. It is anticipated that after considering these additional costs, this amount will not be exceeded. We recommend approval of the enclosed Change Orders 1 -6 for the work completed. Sincerely, BONESTROO Jason Quisberg, PE Associate 651.604.4938 Attachments: Change Orders 1 -6 Copy: Kirk McDonald, New Hope City Manager 0 1250 2500 Scale in feet 6i O O PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 WINNETKA AVENUE IMPROVEMENTS 3408209FOI.DWG DATEJANUARY 2009 COMM: 000034-08209-0 J : r I L --- j L__j ti ------------ Z f2 < 2 L Ul F_ 0 ---------------- f2 z W W Z V) Co off. ",—) S Sb rtF N 3AV Hi6S U) 5R UJ 0 D uj Z z 0 0 U to �2 z uj O > U) 0 Jf to L z OW" I ---------- L _________- Ld :2 0 r ul Z I p I z LL §i llIttL_ T N 3AV iStg O o < o f w Zn m 2 !� JX0 0 w !9z w W 0 w (L < (n r1i uj LL z LU 2: Lu LLJ z LU ul 0 F- N 3AV ONZ 9 , Lj N 3AV Z/t 69 -- L, F_.2 T N 3AV iStg O o < o f w Zn m 2 !� JX0 0 w !9z w W 0 w (L < (n r1i uj LL z LU 2: Lu LLJ z LU ul 0 F- , Lj N 3AV Z/t 69 N 3AV H169 3A98tl 335 T N 3AV iStg O o < o f w Zn m 2 !� JX0 0 w !9z w W 0 w (L < (n r1i uj LL z LU 2: Lu LLJ z LU ul 0 F- C C)T TT\TC'TT V � REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works January 23, 2012 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, GIL Manager 6.10 Resolution approving change order No. 7 for the Winnetka Avenue infrastructure improvement project (improvement project 845) Requested action Staff is recommending that the Council approve change order No. 7 to the contract with S. R. Weidema Inc., in order to meet the requirements of the federal government's economic stimulus package grant program and for additional work completed. Background Improvements to Winnetka Avenue, between Bass Lake Road and 62nd Avenue, were included in the city's pavement management plan for the 2006 infrastructure project. Because of utility funding restrictions for the proposed replacement of the water main, the infrastructure improvements along Winnetka Avenue were removed from the 2006 infrastructure project. The proposed project was submitted to the Minnesota Department of Transportation to be considered for the federal government's economic stimulus package. The federal government referred to the project as a "ready to go" project that could be bid out in 90 to 120 days. On January 26, 2008, Council authorized preparation of a feasibility report for the proposed infrastructure improvements to Winnetka Avenue. On March 9, 2009, the city engineer presented the feasibility report for the proposed Winnetka Avenue infrastructure improvement project. Council reviewed the report and authorized preparation of plans and specifications for the project. Council approved plans and specifications and ordered advertisement for bids at the April 27 Council meeting. On October 26, 2009, Council awarded a contract to S. R. Weidema Inc. for the Winnetka Avenue infrastructure iml2rovement Eroject. n MOTION BY �.�it , SECOND BY TO:} 1:Kt \d4b vvinnetKa Ave. unange order No. 7 Request for Action January 23, 2012 Page 2 The Winnetka Avenue improvements involved street and utility infrastructure work. The infrastructure improvements included replacement of the asphalt street, spot curb and sanitary sewer replacement, storm water improvements, and replacement of the existing cast iron water main. Because the Winnetka Avenue infrastructure improvement project was included in the federal government's economic stimulus package grant program and received grant funds, individual change orders were required for many of the activities that were above and beyond the original bid tab line items of the contract with S. R. Weidema Inc. Change order No. 7 is for an incentive payment for the high quality of workmanship in the installation of the asphalt pavement. As required by state aid specification, the city's contract with the contractor must stipulate an incentive payment if the installed new pavement meets or exceeds a certain density. The wear course of asphalt the contractor installed last year exceeded the required density. This is the same type of incentive payment the city was required to pay to the contractor last year for the installation of the base course of asphalt. The amount of change order No. 7 is $4,271.12. Funding The original amount of the contract for the Winnetka Avenue infrastructure improvement project was $1,186,460.15. With the six change orders previously approved by the Council on July 25, 2011, the increase was $60,625.24. The revised contract amount, including the six previous change orders, was $1,247,085.39. With change order No. 7 at $4,271.12, the revised contract amount is $1,251,356.51. Change order No. 7 is 100 percent eligible for federal /state aid funds. The engineer's preliminary construction estimate was $1,450,000. A maximum of $834,000 from the federal grant is available to reimburse the city for the entire street portion of the project and 55 percent of all the storm water related work. Attachments The engineer's recommendation, the change order, and the resolution are attached. CITY OF NEW HOPE Resolution No. 12- 24 Resolution approving change order No. 7 for the Winnetka Avenue infrastructure improvement project (improvement project 845) WHEREAS, the city has entered into a contract with S. R. Weidema Inc., for the Winnetka Avenue infrastructure improvement project; and, WHEREAS, during the course of construction, modifications to the approved plans and specifications were needed to meet requirements of the federal government economic stimulus package grant program; and, WHEREAS a pay incentive for high quality workmanship in the installation of the asphalt pavement is required to meet state aid specifications; and, WHEREAS, the city engineer and staff have reviewed the costs submitted by S. R. Weidema Inc., and find the cost for the additional work to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves change order No. 7 in the total amount of $4,271.12. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of January, 2012. Attest: LI LI �-- �- _ City Clerk .� Mayor •s January 17, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Mr. Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Winnetka Avenue Improvements — Change Order # 7 Client Project No.: 845 SAP No.: 182 - 109 -06 Minn. Project No.: ES10ES (035) Stantec Project No.: 000034 - 09221 -0 Dear Guy: Change Order 7 provides the contractor receive an incentive payment for the bituminous wear course in accordance with the contract. The total amount of the Change Order is $4,271.12 which is 100% eligible for the federal funding. The available federal aid for this project is capped at $834,000. It is anticipated that after considering this additional costs, this amount will not be exceeded. We recommend approval of the enclosed Change Order 7 for the work completed. Sincerely, STANTEC Katie Warner, PE 651- 967 -4629 Attachments: Change Order 7 Copy: Kirk McDonald, New Hope City Manager �Or 0 1250 2500 Scale in feet rn 0 0 N 01 PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 WINNETKA AVENUE IMPROVEMENTS 3408209FOI.DWG DATE:JANUARY 2009 COMM: 000034 - 08209 -0 F ----------------- ---------- z NS CL z V) i�L LL z F- R Lj F F- Ln 0 W Z z 0 P z uj uj > U3 w z a. N I ---------- L _________- LLJ 0 14 0 Z I p I Z LL (0, Sjr bl S SVO MAl3B 33S N 3AV Z/1 09 '1 ti Y i N 3A V HiO9 Ig 1-1 -4 0 N 3AV CINZ9 N 3AV z/i rG I Ii W CL N 3AV Z/1 09 '1 ti Y i N 3A V HiO9 Ig 1-1 -4 N 3AV z/i rG I Ii N 3AV H16S 7 3A08tl 335 N 3AV 1519 < Wz N W Mg sit � am Wz ww 0 LL LU LU Z LU 0 z January 25, 2012 S.R. Weidema Inc. 17600 113 Ave N. Maple Grove, MN 55369 Subject: Change Order No. 7 for Project No, 845 At its meeting of January 23, 2012, the New Hope City Council authorized change order no. 7 for $4,271.12. This brings the revised contract amount to $1,251,356.51. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, , 6 � � �' U Valerie Leone, CMC City Clerk Enc. cc: Katie Warner, Stantec Guy Johnson, director of public works 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www. ci.new-hope.mn.us City Hall: 763-531-5100 * Police (non-emergency): 763-531-5170 + Public Works: 763-592-6777 + TDD: 763-531-5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works May 14, 2012 Consent Item No. By: Guy Johnson By: Kirk McDonald, City Manager 6.12 Resolution accepting the Winnetka Avenue infrastructure improvement project and approving the final payment request to S. R. Weidema Inc. (improvement project No. 845) Requested Action Staff recommends that Council approve a resolution to accept the Winnetka Avenue infrastructure improvement project 845 and authorize final payment to S. R. Weidema Inc. in the amount of $3,839.60. Background Improvements to Winnetka Avenue, between Bass Lake Road and 62nd Avenue, were included in the city's pavement management plan for the 2006 infrastructure project. Because of utility funding restrictions for the proposed replacement of the water main, the infrastructure improvements along Winnetka Avenue were removed from the 2006 infrastructure project. The proposed project was submitted to the Minnesota Department of Transportation to be considered for the federal government's economic stimulus package. The federal government referred to the projects as "ready to go" projects that could be bid out in 90 to 120 days. On January 26, 2009, Council authorized the preparation of a feasibility report for the proposed infrastructure improvements to Winnetka Avenue. On March 9, 2009, the city engineer presented the feasibility report for the Winnetka Avenue infrastructure improvement project. After reviewing plans and specifications for the project on April 27, Council ordered advertisement for bids. A public informational meeting concerning this project was held on Tuesday, June 30. A contract was awarded to S. R. Weidema Inc., in the amount of $1,186,460.15 on October 26, 2009. The proposed Winnetka Avenue improvements involved street and utility infrastructure work. The infrastructure improvements include replacement of the asphalt street, spot curb and sanitary sewer rel2lacement, storm water improvements, and replacement of the existing cast iron water main. Motion by , AL Second by 1 O-LL } To: A I) I: \RFA \PUBWORKS \2012 \845 Winnetka Ave. Final.doc Request for Action May 14, 2012 Page 2 Funding Bids were received from 11 firms on September 21, 2009, with the low bidder being S. R. Weidema Inc., at $1,186,460.15. The low bidder's submittal was reviewed by the Minnesota Department of Transportation to ensure it met the initial requirements of the federal government economic stimulus package grant program. Federal government economic stimulus funds were set aside for the project's street construction costs, up to $834,000. Reimbursement of the project's street related costs were reviewed and approved by the state aid office. The city received $778,723 in federal government economic stimulus funds. The Winnetka Avenue project required the issuance of debt. The city received a $418,644 loan from the Public Facilities Authority's (PFA) "Drinking Water Revolving Fund" loan program. This was another federal government economic stimulus package that was in the form of a low interest loan. The city's interest rate on the 20 year loan is 1.703 %. There were a number of change orders approved by the Council that totaled $64,735.96. The S. R. Weidema Inc., original bid with the change orders was $1,251,196.11 for the project. The final amount earned by S. R. Weidema Inc., was $1,200,213.48. A $50,982.63 reduction from the revised contract amount was due to a decrease in quantities for a number of bid line items. The engineer's preliminary construction estimate was $1,450,000. Funding was from the federal government's economic stimulus package, the street infrastructure fund, the storm water and sanitary sewer funds, the PFA "Drinking Water Revolving Fund" loan program, the city's state aid fund, and from the adjacent cities for their portion of the project. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. I: \RFA \PUBWORKS \2012 \845 Winnetka Ave. Final.doc CITY OF NEW HOPE RESOLUTION NO. 12- 7 9 Resolution accepting the Winnetka Avenue infrastructure improvement project and approving the final payment request to S. R. Weidema Inc. (improvement project No. 845) WHEREAS, the city has entered into a contract with S. R. Weidema Inc., for construction of the Winnetka Avenue infrastructure project; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 845 and approve final payment to S. R. Weidema Inc., in the amount of $3,839.60; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to S. R. Weidema Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the Winnetka Avenue infrastructure project from S. R. Weidema Inc. 2. That the city manager is hereby directed to authorize the final payment of $3,839.60, to S. R. Weidema Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 14th day of May, 2012. Mayor Attest:1`t City Clerk Stantec May 3, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Winnetka Avenue Improvement — Final Payment City Project No.: 845 SAP No.: 182 - 109 -06 Minn. Project No.: ES10ES (035) Project No.: 000034 - 08209 -0 Dear Guy: Enclosed find the final pay request and the IC -134 forms for the Winnetka Avenue Improvements Project. The contractor, S.R. Weidema, Inc., has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $3,839.60 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 $1,186,460.15. The contract included revising the contract amount to $1,251,196.11 with change orders totaling $64,896.36. The Final Construction Amount is $1,200,213.48, which is under the revised contract amount by $50,982.63 (4.1%). The underage is primarily due to under runs of quantities required related to multiple Bid Items. Some of the items that required less than estimated quantity include Street Sweeping, 4" Concrete Walk, Silt Fence and quantities related to restoration. If you have any questions or require further information please call me at (651) 967 -4629. Sincerely, STANTEC CONSULTING SERVICES INC. Katie Warner (651) 967 -4629 Enclosure: Contractors Request for Payment No. 8 and Final, IC -134s Owner: City of New Hope, 4401 Xylon Ave N., New Hope, MN 55428 Date: May 3, 2012 For Period: 2/3/2011 to 5/3/2012 R equest No: 8 and Final Contractor: S R Weidema, Inc., 17600 113th Ave N., Maple Grove, MN 55369 CONTRACTOR'S REQUEST FOR PAYMENT WINNETKA AVENUE IMPROVEMENTS CITY PROJECT NO. 845, S.P. 182 - 109 -06, MINN. PROJECT NO. ES10ES (035) STANTEC PROJECT NO. 000034- 08209 -0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 1,186,460.15 $ 64,896.36 $ 160.40 $ 1 ,251,196.11 $ 1,200,213.48 $ 0.00 $ 1,200,213.48 $ 0.00 $ 1,200,213.48 $ 1,196,373.88 $ 0.00 8 and Final $ 3,839.60 I hereby certify that I have been in charge of the work required by the above described contract; that all of such work has been done and performed, measured by and in accordance with, and pursuant to the items of said contract. Recommended for Approval by: STANTEC 4� L The undersigned contractor does hereby certify that he /she has performed and completed all the work described in accordance with and pursuant to the terms of this contract, and does hereby accept the final voucher as being correct, full and completed and does make claim for final payment on this contract in accordance with the final voucher. Approved by Contractor: S.R. WEIDE NC. Approved by Owner: f CITY OF NEW HOPE ' 4G ✓..,�,--- Date: ) 0 2-- 3408209 R E O B FI N AL. xls m 3408209REWFINALAsm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LUMP SUM 1 45500.00 1 $45,500.00 2 CLEARING TREE 10 150.00 2 $300.00 3 GRUBBING TREE 10 100.00 2 $200.00 4 REMOVE WATER MAIN LIN FT 4372 1.00 3045 $3,045.00 5 REMOVE SEWER PIPE (STORM) LIN FT 193 4.75 251 $1,192.25 6 REMOVE SEWER PIPE (SANITARY) LIN FT 240 6.35 219 $1,390.65 7 REMOVE CURB AND GUTTER LIN FT 3788 1.75 4070 $7,122.50 8 REMOVE CONCRETE CURB AND GUTTER, SPECIAL LIN FT 1120 5.80 1069 $6,200.20 9 REMOVE CONCRETE WALK SQ FT 26130 0.12 25197 $3,023.64 10 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 165 1.36 445 $605.20 it REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 364 1.24 781 $968.44 12 REMOVE BITUMINOUS PAVEMENT SQ YD 77 1.72 81 $139.32 13 REMOVE HYDRANT EACH 4 263.00 4 $1,052.00 14 REMOVE MANHOLE OR CATCH BASIN EACH 15 227.00 11 $2,497.00 15 REMOVE CASTING EACH 44 90.00 34 $3,060.00 16 SAWING BITUMINOUS PAVEMENT LIN FT 537 2.00 407 $814.00 17 SALVAGE WOOD RAIL FENCE LIN FT 575 3.00 591 $1,773.00 18 SALVAGE & REINSTALL BENCH EACH 1 575.00 1.5 $862.50 19 COMMON EXCAVATION CU YD 4320 9.90 4386 $43,421.40 20 STREET SWEEPER (WITH PICKUP BROOM) HOUR 75 100.00 23 $2,300.00 21 WATER M GALLONS 300 34.00 182 $6,188.00 22 AGGREGATE BASE CLASS 5 TON 1290 6.90 829 $5,720.10 23 BITUMINOUS PAVEMENT RECLAMATION SQ YD 20010 0.86 18982 $16,324.52 24 BITUMINOUS PATCHING MDCTURE TON 14 185.00 $0.00 25 TYPE LV 4 WEARING COURSE MIXTURE (B) TON 1830 56.80 1987 $112,861.60 26 TYPE LV 4 WEARING COURSE MIXTURE (B), FOR DRIVEWAYS TON 67 125.00 240 $30,000.00 27 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TON 4810 48.65 4761 $231,622.65 28 BITUMINOUS MATERIAL FOR TACK COAT GALLON 1910 3.90 2209 $8,615.10 29 RECONSTRUCT RETAINING WALL SQ YD 20 235.00 13 $3,055.00 30 IMPROVED PIPE FOUNDATION LIN FT 200 0.10 $0.00 31 4" PERF PVC PIPE DRAIN LIN FT 80 8.00 1642 $13,136.00 32 12" RC PIPE SEWER CLASS V LIN FT 9 43.35 35 $1,517.25 33 24" RC PIPE SEWER CLASS V LIN FT 634 48.15 647 $31,153.05 34 30" RC PIPE SEWER CLASS V LIN FT 56 73.00 $0.00 35 RECONNECT SANITARY SEWER SERVICE EACH 12 650.00 5 $3,250.00 36 CONSTRUCT BULKHEAD EACH 2 118.00 8 $944.00 37 CONNECT TO EXISTING SANITARY SEWER PIPE EACH 7 435.00 7 $3,045.00 38 12 "X6" PVC WYE EACH 3 410.00 3 $1,230.00 39 12" PVC SANITARY PIPE SEWER - SDR 35 LIN FT 161 52.00 136 $7,072.00 40 4" DUCTILE IRON PIPE SEWER CL 52 LIN FT 61 39.30 66' $2,593.80 41 12" DUCTILE IRON PIPE SEWER CL 52 LIN FT 18 81.00 17 $1,377.00 42 2" INSULATION SQ YD 100 18.00. 86 $1,548.00 43 PUMPING - SANITARY SEWER BYPASS LUMP SUM 1 13200.00 1 $13,200.00 44 TEMPORARY WATER SERVICE LUMP SUM 1 24500.00 1 $24,500.00 45 RECONNECT WATER SERVICE EACH 25 120.00 25 $3,000.00 46 INSTALL HYDRANT & VALVE EACH 4 3600.00 4 $14,400.00 47 ADJUST HYDRANT EACH 4 470.00 1 $470.00 48 ADJUST VALVE BOX EACH 5 235.00 2 $470.00 49 CONNECT TO EXISTING WATER MAIN EACH 11 1150.00 9 $10,350.00 50 1" CORPORATION STOP EACH 22 74.00 22 $1,628.00 51 12" BUTTERFLY VALVE AND BOX EACH 4 1591.00 4 $6,364.00 52 16" BUTTERFLY VALVE AND BOX EACH 1 2588.00 1 $2,588.00 53 6" GATE VALVE AND BOX EACH 8 1060.00 8 $8,480.00 54 8" GATE VALVE AND BOX EACH 7 1361.00 4 $5,444.00 55 1" CURB STOP & BOX EACH 22 225.00 22 $4,950.00 56 1" TYPE K COPPER PIPE LIN FT 1150 18.50 1089 $20,146.50 57 6" WATERMAIN DUCTILE IRON CL 52 LIN FT 309 27.00 318 $8,586.00 58 8" WATERMAIN DUCTILE IRON CL 52 LIN FT 1275 28.70 1149 $32,976.30 59 12" WATERMAIN DUCTILE IRON CL 52 LIN FT 2713 38.60 2675 $103,255.00 60 16" WATERMAIN DUCTILE IRON CL 52 LIN FT 75 52.00 63 $3,276.00 61 DUCTILE IRON FITTINGS POUND, 8113 2.10 10344 $21,722.40 62 CASTING ASSEMBLY EACH 44 295.00 34 $10,030.00 63 INSTALL CASTING EACH 44 235.00 34 $7,990.00 64 INSTALL CHIMNEY SEAL EACH 23 170.00 21 $3,570.00 65 CONNECT TO EXISTING SANITARY MANHOLE EACH 3 1500.00 3 $4,500.00 66 CONNECT TO EXISTING MH OR CB EACH 4 930.00 3 $2,790.00 67 CONNECT EXISTING PIPE TO STORM STRUCTURE EACH 17 600.00 6 $3,600.00 68 CONST. DRAINAGE STRUCTURE SPECIAL, 27" DIA CB EACH 1 645.00 1 $645.00 69 CONST. DRAINAGE STRUCTURE SPECIAL, 4' DIA MH EACH 1 1315.00 $0.00 3408209REWFINALAsm No. Item 70 CONST. DRAINAGE STRUCTURE SPECIAL, 4' DIA CBMH 71 CONST. DRAINAGE STRUCTURE SPECIAL, 2'x 3' RECTANGULAR CATCH BASIN 72 CONST. DRAINAGE STRUCTURE SPECIAL, 4.5' DIA CBMH 73 CONST. DRAINAGE STRUCTURE SPECIAL, 5' DIA MH 74 4" CONCRETE WALK 75 4" CONCRETE WALK SPECIAL 76 CONCRETE CURB & GUTTER DESIGN 8618 77 CONCRETE CURB & GUTTER DESIGN SPECIAL 78 6" CONCRETE DRIVEWAY PAVEMENT 79 PEDESTRIAN CURB RAMP WITH TRUNCATED DOME 80 7" CONCRETE VALLEY GUTTER 81 TEMPORARY MAIL BOXES 82 INSTALL SALVAGED FENCE 83 TRAFFIC CONTROL 84 ZEBRA CROSSWALK WHITE -PAINT 85 LOOP DETECTOR SPECIAL 86 SILT FENCE, TYPE HEAVY DUTY MAINTAINED 87 INLET PROTECTION 88 SEEDING 89 SODDING TYPE LAWN 90 SELECT TOPSOIL BORROW (SPECIAL) LV 91 PAVEMENT MESSAGE (RIGHT ARROW) PAINT 92 PAVEMENT MESSAGE (RIGHT -THRU ARROW) PAINT 93 PAVEMENT MESSAGE (LEFT -THRU ARROW) PAINT 94 PAVEMENT MESSAGE (THRU ARROW) PAINT 95 4" SOLID LINE WHITE -PAINT 96 24" STOP LINE WHITE -PAINT 97 4" BROKEN LINE WHITE-PAINT 98 4" DOUBLE SOLID LINE YELLOW -PAINT 99 4" BROKEN LINE YELLOW -PAINT TOTAL BASE BID: CHANGE ORDER NO. 1 1 TRAINEES TOTAL CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 1 CONCRETE STORM SEWER 2 WATER MAIN SYSTEM TOTAL CHANGE ORDER NO. 2 CHANGE ORDER NO. 3 1 EXCAVATION SPECIAL - SUBGRADE PREP 2 EXCAVATION SPECIAL - SUBGRADE PREP TOTAL CHANGE ORDER NO. 3 CHANGE ORDER NO.4 1 REMOVE MISCELLANEOUS MATERIAL/DEBRIS 2 REMOVE MISCELLANEOUS MATERIAL/DEBRIS 3 CONCRETE STORM SEWER 4 SANITARY SEWER SYSTEM 5 WATER MAIN SYSTEM TOTAL CHANGE ORDER NO. 4 CHANGE ORDER NO.5 1 BITUMINOUS PAVEMENT DENSITY INCENTIVE TOTAL CHANGE ORDER NO. 5 CHANGE ORDER NO. 7 1 BITUMINOUS PAVEMENT DENSITY INCENTIVE- BINDER COURSE ADJUSTMENT 2 BITUMINOUS PAVEMENT DENSITY INCENTIVE -WEAR COURSE TOTAL CHANGE ORDER NO. 7 CHANGE ORDER NO.8 1 DECREASE FOR FAILING COARSE FILTER TOTAL CHANGE ORDER NO. 8 $1,135,477.52 HOUR Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date EACH 5 1366.00 3 $4,098.00 EACH 5 813.00 5 $4,065.00 EACH 1 1518.00 1 $1,518.00 EACH 2 2357.00 2 $4,714.00 SQ FT 26130 2.75 20645 $56,773.75 SQ FT 4620 3.00 4552 $13,656.00 LIN FT 3788 9.00 4070 $36,630.00 LIN FT 1120 14.00 1069 $14,966.00 SQ FT 3967 4.80 4004 $19,219.20 EACH 15 500.00 24 $12,000.00 SQ YD 11 60.00 9 $540.00 LUMP SUM 1 750.00 $0.00 LIN FT 575 6.00 16 $96.00 LUMP SUM 1 16750.00 1 $16,750.00 SQ FT 1935 1.25 $0.00 EACH 3 1000.00 1.88 $1,880.00 LIN FT 1200 2.45 375 $918.75 EACH 48 250.00 28 $7,000.00 ACRE 1 2500.00 $0.00 SQ YD 3890 3.25 2517 $8,180.25 CU YD 437 15.50 84 $1,302.00 EACH 6 45.00 4 $180.00 EACH 6 70.00 4 $280.00 EACH 12 70.00 8 $560.00 EACH 6 45.00 4 $180.00 LIN FT 19605 0.12 19685 $2,362.20 LIN FT 330 1.50 218 $327.00 LIN FT 390 0.12 392 $47.04 LIN FT 990 0.29 992 $287.68 LIN FT 10800 0.12 10794 _ $1,295.28 $1,135,477.52 HOUR 448 1.00 448 $448.00 $448.00 LUMP SUM 1 30784.61 1 $30,784.61 LUMP SUM 1 13077.91 1 $13,077.91 $43,862.52 LUMP SUM 1 3626.19 1 $3,626.19 LUMP SUM 1 3626.19 1 $3,626.19 $7,252.38 LUMP SUM 1 141.53 1 $141.53 LUMP SUM 1 94.73 1 $94.73 LUMP SUM 1 245.89 1 $245.89 LUMP SUM 1 1685.40 1 $1,685.40 LUMP SUM 1 2987.30 1 $2,987.30 $5,154.85 LUMP SUM 1 3907.49 1 $3,907.49 $3,907.49 LS 1 - 243.25 1 ($243.25) LS 1 4514.37 1 $4,514.37 $4,271.12 LS 1 - 160.40 1 1 ($160.40) ($160.40) 3408209RE08FINAL. xlsm No. Item TOTAL BASE BID: TOTAL CHANGE ORDER NO. 1 TOTAL CHANGE ORDER NO. 2 TOTAL CHANGE ORDER NO. 3 TOTAL CHANGE ORDER NO. 4 TOTAL CHANGE ORDER NO, 5 TOTAL CHANGE ORDER NO. 7 TOTAL CHANGE ORDER NO.8 TOTAL WORK COMPLETED TO DATE Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date $1,135,477.52 $448.00 $43,862.52 $7,252.38 $5,154.85 $3,907.49 $4,271.12 ($160.40) $1,200,213.48 3408209REQ8FI NAL.xism • STANTEC PROJECT NO. 000034 - 08209 -0 CONTRACTOR S.R. WEIDEMA, INC. CHANGE ORDERS • Description Amount 1 6/27/2011 This Change Order provides for an On -th -Job Training $448.00 10 077.57 201 551.36 Program required by MNDOT. See Change Order. 06/10/2010 2 6/27/2011 This Change Order provides for additional work for utility $43,862.52 3 07 conflicts. See Change Order. 74 570.50 3 6/27/2011 This Change Order provides for additional work on this $7,252.38 12/06/10 385 288.27 p roject due to above - nor mal precipitation. See Change 919 479.51 4 6/27/2011 This Change Order provides for additional work on this $5,154.85 49 994.59 999 834.71 project as the result of scope adjustments. See Change 02/17/2011 5 6/27/2011 This Change Order provides for incentive payment for $3,907.49 7 07/2 2011 bituminous pavement density as stipulated by the contract. 24193.18 4 1 200 373.88 See Change Order. 02/03/2012 6 6/27/2011 This Change Order provides for an extension of the 1 substantial completion date as requested by the Contractor. This Change Order does not provide for any compensation fQr this chanae in date, See Chanae Order. 7 6/27/2011 This Change Order provides for adjustments to this project. $4,271.12 See Change Order. 8 4/19/2012 This Change Order provides for deducts to this project. See ($160.40) Change Order. Total Change Orders $64 No. From To Pa ment Retaina a Completed 1 03/01/2010 06/09/10 191473.79 10 077.57 201 551.36 2 06/10/2010 07/21/10 222,172. Q 7 21 770.88 435 417.64 3 07 09/02/10 74 570.50 25 695.65 513 912.91 1 4 09/03/2010 12/06/10 385 288.27 45 973.98 919 479.51 5 12/07/2010 02/16/11 76 334.59 49 994.59 999 834.71 6 02/17/2011 07/28/11 222 340.58 23 922.06 1 7 07/2 2011 02/02/12 24193.18 4 1 200 373.88 8 and Final 02/03/2012 1 05/03/12 3 1 Material on Hand Total Payment to Date $1 Original Contract $1 Retaina e Pay No. 8 and Final Chan e Orders $64 Total Amount Earned $1 Revised Contract $1 3408209REQ8FINAL.xlsm m 0o 0 1250 2500 Scale in feet m 0 0 N PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 Bonestroo WINNETKA AVENUE IMPROVEMENTS 3408209FOl.DWG DATE:JANUARY 2009 COMM: 000034 - 08209 -0 r I L J r I L ___ ---------- z 0 F- z UA (if F- 0 ----------------- f2 z W W CL (0, , I Oy . 00) 1.1 ..... ... \ N 3AV H169 ----------- 0 z x D Lj F Q OQ F- U) w Z 0:: z 0 Ol-- () (1) f z ui ui w En w or O z W, ------ CL r ____ -____- - L __- ______- ui m 0 �e Li z z ---------------- Q�.- N 3AV 0NZ9 Li M 14 N 3AV iStg N 3AV Z/t 09 Le N 3AV H109 O tie z : F N 3AV 1519 -j l Lk bj Q YJ 1 335 N 3AV Z/t 6S " j 2 N 3AV H169 r o i z Q O 0� 0. I z 080 w 0- z � o cc O LLI nf D 2 U- z ui 2: LLJ 0 0 a (1) UJ Z Lu Ld QQ fl. 0 Z Client #: 1753 WEIDINCI ACORD CERTIFICATE OF LIABILITY INSURANCE D3/25/2011YYY) 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 MN- COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH ST STE 2800 C N A T NAME: PH ONE 612 34 9 -2400 Fax 692 349 2490 MA Exq: rvc, No ADDRESS: DI��ER MINNEAPOLIS, MN 55402 CUSTOMER ID EACH OCCURR $1,000000 DAMAGE TO RENTED PREMISES Ea occurrence INSURER(S) AFFORDING COVERAGE NAIC # INSURED SR WEIDEMA INC INSURERA: CINCINNATI INSURANCE COMPANY $1,000,000 X _ CONTRACTUAL LIAR 17600 113TH AVE N INSURER B: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO X LOC PRODUCTS - COMP /OP AGO $2,000,000 MAPLE GROVE, MN 55369 INSURER C : A 11 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNEDAUTOS INSURER D: EPPOO15196 INSURER E: 0410112012 COMBINED SINGLE LIMIT (Ea accident) INSURER F: X BODILY INJURY (Per person) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I I TYPE OF INSURANCE DDL SB UBR POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD /YYYY LIMITS A nGENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR XCU EPPOO15196 04/01/2011 ( 04/01/201 EACH OCCURR $1,000000 DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 X _ CONTRACTUAL LIAR GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO X LOC PRODUCTS - COMP /OP AGO $2,000,000 $ A 11 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNEDAUTOS EPPOO15196 04/01/2011 0410112012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) — - -- $ PROPERTY A MAGE Per accident $ X X $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CCC1151878 10107/2011 04/01/2012 EACH OCCURRENCE $5 , 000 , 000 '. AGGREGATE $5,000,000 DEDUCTIBLE RETENTION $ 0 $ X! $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER) CuTIVE OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC192344201 STOP GAP LIABILITY ONLY IN THE STATE OF ND 04101/2011 04/01/201 WC X TORY OTH- LIMITS E.L. EACH ACCIDENT - - - - - -- $500,000 E.L. DISEASE - EA EMPLOYEE -- $500,000 E.L. DISEASE - POLICY LIMIT $500,000 A STOP GAP LIAB: ND _ .. .... ........._.. CAP5179070 04/01/2011 04/01/201 EA ACC /DIS EA EMP / DIS POL LMT: $500,000 D I N E f'TION OF OPERATIONS / LOCATIONS 7`V��HICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) NETKA AVE PROJECT f / 1 r 11L:> (See Attached Descriptions) CITY OF NEW HOPE 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 TION. All rights reserved ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S406245/M406227 CM K AaQRD,,, CERTIFICATE OF LIABILITY INSURANCE OP ID RJ DATE(MMIDDYYYY) 1 LI I DATE (MMIDD/YY) SRWEIDE 10/28/09 ODUCER , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION $1, X LtirdMEP( ENEF UABILIT; CMM4731826 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 77 Agencies, Inc. Eau Claire PZ %T E IE �P7 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 Golf Terrace, Suite 202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3u Claire WI 54701 $ 10,000 i hone: 715- 833 -7000 Fax:715- 552 - 3658 INSURERS AFFORDING COVERAGE NAIC # IuREO t r .n�R • Westfield Insurance Co. 24112 SR Weidema Inc TC Rental LLC EIJCR rPE TE 17600 113th Avenue N GEt L A GRCGATE MApT F PLIE 3 FEF Maple Grove MN 55369 —__ - -- - -- _ - -__ - -- PROCI,iCT V s. -:; E )VERAGES I POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 4NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - - -..- -- - - -- - - -- - -- 4 NSR TYPE OF INSURANCE POLICY NUMBER - P LI EFFEGTiVE DATE (MM /DDJYY) LI I DATE (MMIDD/YY) -- e--- ._.__._.... - - -- LIMITS i GENERAL LIABILITY I E, -' - H C rt RRi�NCE $1, X LtirdMEP( ENEF UABILIT; CMM4731826 04/01/09 04/01/10 PZ %T E IE �P7 $ 300,000 CL [X cuP ? MEDE $ 10,000 X Contractual Liab FLhsr AL r .._._.0 1 '..... _ $1,000,000 �� EIJCR rPE TE $ 2 , 000 , 000 GEt L A GRCGATE MApT F PLIE 3 FEF PROCI,iCT $2,000,000 �. r' =SLtCY Fkr�� X ,tEC7 LOC AUTOMOBILE LIABILITY AUTOMOBILE r' ' ADINET.? SINGLE LIMIT rAUTq CMM4731826 04/01/09 04/01/10 E3a �nll $ 1,000,000 I ALL 001NED AL ITr»_ r wr HEL<< EL F'JiL (Per r BO t iL,'P'r (PP(F: rs�n) X HPEDA 04/01/09 04/01/10 ;-°-- N JTCw E 17ILY INJUP, i '1 ,( X _ - CIVVNE 04/01/09 04/01/10 (F ractid -- — --- -- PROPERTY DAWGE ,( (Per a(p° dent) GARAGE LIABILITY AIJTO ONLY - Eit+AtJ:,"EFN7 ..— AN'f AU T C GTFli R °f-LaN LA ACC $ $ t AI:JTO ONE Y. r +, EXCESSIUMBRELLA LIABILITY I X 0':LA, CLAIM-- Nt -')E CMM4731826 04/01/09 04/01/10 C EAH OCt- 1L'P;C{: AGGREG $5,000,000 $5,000,000 $ i_ 1 L)EDUCTIBLE — $ ' X t PCTE,NTtCP $WAI'V'ED -- — WORKERS COMPENSATION AND A L ORY , .IIviIT, ". EMPLOYERS'uABam _ WCP4732041 + ^�. ANY PROPRI RIS 04/01/09 04/01/10 EL EACH $500 00Q i DE " , ,r'ECI:T!4 OFFICERmrCMBEREx�,LUDG rz I E L DtSEh.,E - EA Ehi dOwEE $ 500, D00 If ye,, de5uaus under SPECIAL PROVISICN otioyo EL - FOL + Y L3MI V (� 0 -0 -_.—._ $ 500 ' 000 ---- OTHER ICRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Le City of New Hope (owner) and Bonestroo, 2335 Hwy 36 W St Paul MN 55113 ;ngineer) are included as additional insured as required by contract. - r #r 1�m I � nWL Wr CTYNEWH City of New Hope 4401 Xylon Ave N New Hope MN 55428 -4843 C.AWI.tLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. D 25 (2001108) T If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. r� 19 91 N • ;. : t i Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): S.R. Weidema, Inc. 17600 113th Avenue North Maple Grove, MN 55369 OWNER (Name and Address): CITY OF NEW HOPE 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: Amount: $1,186,460.15 Description (Name and Location): SURETY (Name, and Address of Principal Place of Business): Western Surety Company P. O. Box 5077 Sioux Falls, SD 57117 -5077 October 28, 2009 One Million One Hundred Eighty Six Thousand Four Hundred Sixty Dollars and 15/100 City Project No. 845, S.P. 182 - 109 -06, MN Proj. No. ES10ES(035); Winnetka Avenue Improvements BOND Bond Number: 929487729 Date (Not earlier than Effective Date of Agreement): October 28, 2009 Amount: $1,186,460.15 One Million One Hundred Eighty Six Thousand Four Hundred Sixty Dollars and 15/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY S.R. Weidema, Inc. (Seal) Western Surety Company (Seal) Contractor's Name an orporate Seal Surety's Name and Corporate al By: By I L4� Signature Signature (Atta h Power of Attorney) Scott Weidema Print Name President T I n;;7 Attest: , �Lj 4� c , Signature Title Linda K. French Print Name Attorney - in - Fact Title Attest: Signature Sandra M. Doze Surety Account Rep Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C -610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 1 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 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 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 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)Cobb Strecker Dunphy & Zimmermann, Inc. Surety Agency or Broker: 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 612 -349 -2400 Owner's Representative (Engineer or other party): EJCDC C -610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Pase 3 of 3 Any singular reference to Contractor, Surety, Owner, or other parry shall be considered plural where applicable. CONTRACTOR (Name and Address): S.R. Weidema, Inc. 17600 113th Avenue North Maple Grove, MN 55369 OWNER Name and Address): CITY OF NEW HOPE 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: October 28, 20 Amount: $1,186,460.15 Description (Name and Location): Winnetka Avenue Improvements BOND SURETY (Name, and Address of Principal Place of Business): Western Surety Company P. O. Box 5077 Sioux Falls, SD 57117 -5077 Z Bond Number: 92948/(29 Date (Not earlier than Effective Date of Agreement): October 28, 2009 Amount: $1,186,460.15 One Million One Hundred Eighty Six Thousand Four Hundred Sixty Dollars and 15/100 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 S.R. Weidema, Inc. Contractor's Name orporate Seal By: Signature Scott Weidema Print Name President Attest: Title SURETY Western Surety Company (Seal) Surety's Name and Carp r Seal By: Signature (A ach Power of Attorney) Linda K. French Print Name Attorney -in -Fact Title Attest: Signature Sandra M. Doze Surety Account Rep Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) {MW001504;1) EJCDC C- 615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 One Million One Hundred Eighty Six Thousand Four Hundred Sixty Dollars and 15/100 City Project No. 845, S.P. 182 - 109 -06, MN Proj. No. ES10ES(035); 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. S. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. {MW001504;1) EJCDC C- 615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 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)Cobb Strecker Dunphy & Zimmermann, Inc. Surety Agency or Broker: 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 612- 349 -2400 Owner's Representative (Engineer or other): {MW001504;1} EJCDC C- 615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 ACKNOWLEDGEMENT OF CORPORATION State of MINNESOTA ss. On thi s 28th day of October 20 09 _oUnty Of HENNEPIN before me appeared Scott Weidema - o me personally known, who, being by me duly sworn, did say that he �S President )f S.R. WEIDEMA, INC. a corporation, that the seal affixed to the foregoing instrument is the 7orporate seal of said corporation, (if no seal, so state, and strike out above as to corporate seal) ind that said instrument was executed in behalf of said corporation by iuthority of its Board of Directors; and that said Scott Weidema acknowledged said instrument to be the 7 ree act and deed of said corporation. to to of MINNESOTA Notary Public My commission expire ACKNOWLEDGEMENT OF CORPORATE SURETY Coun ty, ss. On this 28th day of October — 20 09 ounty o f HENNEPIN before me appeared Linda K. French o me personally known, who, being by me duly sworn, s the Attorney-in-Fact WESTERN SURETY COMPANY did say that she / a orporaLion, that the seal affixed to the foregoing instrument is the orporate seal of said corporation and that said instrument was executed n behalf of said corporation by authority of its Board of Directors; and hat said Linda K. French c-knowledged said instrument to be the free act and deed of said DrporaLion. I,- N Notary Public_ My commission expires County, Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 28th day of July, 2009. t,d Sa e r"y"s, WESTERN SURETY COMPANY : .p . POp s T� W /'pP q,• p,1 as l: �tN DPK� Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 28th day of July, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires r''`' ``'`''''''''''''''"'``'''''''`' i o D. KRELL f November 30, 2012 i 5 AE NOTARY PUBLIC Eas i sa SOUTH DAKOTA,r �'ti5+shti 44titiS Y4Mtiti4tititi4 Ytih � A,44 k4_aj D. Krell, No ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28 th day of Oc tob er 2009 ,•+ WESTERN SURETY COMPANY l to ..3.,�S.0 AV,, ai >ie CAK L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. Jason P. Quisberg, P.E. Date: August 11, 2009 License No. 44315 END OF DOCUMENT 000034 - 08209 -0 C, 2009 Bonestroo PROFESSIONALCERTIFICATIONS This Page Left Blank Intentionally DOCUMENT 00010 TABLE OF CONTENTS WINNETKA AVENUE IMPROVEMENTS CITY PROJECT NO. 845 S.P. 182 - 109 -06 MINN. PROJECT NO. ES I OES (035) PROJECT NO. 000034 - 08209 -0 NEW HOPE, MINNESOTA 11• Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders Soil Boring Logs 00410 Bid Form To the New Hope City Council Notice to Bidders Non - Collusion Declaration Attachment CM 32 -34 Federal Aid Project Notice Form 21126D EPA Form 6100 -3 EPA Form 6100 -4 EPA Form 5700 -49 Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C -700 Standard General Conditions of the Construction Contract 00800 Supplementary Conditions 00820 Funding Agency Requirements Clean Water Revolving Fund Drinking Water Revolving Fund Contract Packet 000034 - 08209 -0 00010 -1 O 2009 Bonestroo TABLE OF CONTENTS Special Provisions Notice to All Bidders (Bid Rigging) Limitation on Use of Contract Funds for Lobbying Division A — Federal Federal Wage Rates Notice to All Bidders — Prompt Payment to Subcontractors State Wage Rates Minnesota Truck Rental Rates Notice to Bidders (Traffic Control) S -1 ARRA (AMERICAN RECOVERY AND REINVESTMENT ACT) Project Requirements S -2 (160 1) Source of Supply and Quality S -3 (1701) Laws to be Observed (Data Practices) S -4 (1717) National Pollutant Discharge Elimination System ( NPDES) Permit S -5 (2105) Excavation and Embankment S -6 (2123) Equipment Rental S -7 (2130) Application of Water S -8 (2211) Aggregate Base S -9 Concrete Curing S -10 (2461) Structural Concrete S -11 (2471) Structural Metals S -12 (2573) Storm Water Management S -13 (2575) Rapid Stabilization Specifications S -14 (3138) Aggregate for Surface and Base Courses Stipulation for Foreign Steel (1910) Fuel Escalation Clause Schedule of Materials Control NPDES Permit Modification Form (Transfer) DBE EEO Appendix A Specifications Division 1— General Requirements 01100 Summary 01200 Price and Payment Procedures 01310 Project Management and Coordination 01330 Submittal Procedures 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control 01700 Execution Requirements 000034 - 08209 -0 00010 -2 0 2009 Bonestroo TABLE OF CONTENTS Specifications Continued... Division 2 — Site Construction 02225 Removals 02230 Site Clearing 02280 Adjust Miscellaneous Structures 02315 Excavation and Fill 02318 Subgrade Preparation 02320 Trench Excavation and Backfill 02510 Water Main 02515 Water Services 02530 Sanitary Sewer Pipe 02531 Sewage Forcemains 02533 Sanitary Sewer Testing and Inspection 02535 Sanitary Sewer Services 02630 Storm Drainage 02635 Subsurface Drainage 02720 Aggregate Base Course 02740 Plant Mixed Bituminous Pavement Bonestroo Modified MnDOT Spec. 2360/2350 Combined 02766 Pavement Markings 02770 Concrete Curb and Gutter 02775 Concrete Walks and Driveways 02890 Traffic Signs and Signals 02920 Lawns and Grasses 02965 Full Depth Reclamation END OF DOCUMENT 000034 - 08209 -0 00010 -3 C, 2009 Bonestroo TABLE OF CONTENTS This Page Left Blank Intentionally DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until I I A.M., C.D.S.T., Monday, September 14, 2009, 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: Winnetka Avenue Improvements, City Project No. 845, S.P. 182 - 109 -06, Minn. Project No. ESlOES (035) In general, Work consists of the following approximate quantities: 4,000 LIN FT Street Reclaim and Pave, incl. removals, concrete curb and gutter, concrete walk, bituminous pavement, aggregate base, driveway aprons, sodding, etc. 6,800 TON Bituminous Mixtures 1,300 TON Class 5 Aggregate Base 30,000 SQ FT Concrete Walk 4,500 CU YD Common Excavation, off -site 4,500 LIN FT DIP Water Main Replacement, incl. hydrants, valves, fittings, services, etc. 700 LIN FT Storm Sewer, Incl. structures, drain tile, connections, etc. 200 LIN FT Sanitary Sewer, Incl. spot replacement, forcemain, connections, etc. 1 LS Temporary Water Service 1 LS Sanitary Sewer By -Pass Pumping 10 TREE Clear and Grub 32,000 LIN FT Striping, Incl. pavement markings Together with temporary and permanent erosion control, loop detectors, traffic control, and other related appurtenances. Bidding Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Room link) for a fee of $65 (for a paper copy), or a fee of $20 (for a download digital copy). Bidders may purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600 with a check for a fee of $65. Bidding Documents may be viewed at the Issuing Office. Direct inquiries to Engineer's Project Manager Jason Quisberg at (651) 604 -4938. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. 000034- 08209 -0 OO 2009 Bonestroo 00100 -1 ADVERTISEMENT FOR BIDS 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. Minimum wage rates to be paid by the Contractors have been predetermined and are subject to the Work Hours Act of 1962, P.L. 87 -581 and implementing regulations. READ CAREFULLY THE WAGE SCALES AND DIVISION A OF THE SPECIAL PROVISIONS AS THEY AFFECT THIS /THESE PROJECT/PROJECTS The Minnesota Department of Transportation hereby notifies all bidders: in accordance with Title VI of the Civil Rights Act of 1964 (Act), as amended and Title 49, Code of Federal Regulations, Subtitle A Part 21, Non - discrimination in Federally- assisted programs of the Department of Transportation, it will affirmatively assure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded maximum opportunity to participate and/or to submit bids in response to this invitation, and will not be discriminated against on the grounds of race, color, disability, age, religion, sex or national origin in consideration for an award; in accordance with Title VI of the Civil Rights Act of 1964 as amended, and Title 23, Code of Federal Regulations, Part 230 Subpart A -Equal Employment Opportunity on Federal and Federal -Aid Construction Contracts (including supportive services), it will affirmatively assure increased participation of minority groups and disadvantaged persons and women in all phases of the highway construction industry, and that on any project constructed pursuant to this advertisement equal employment opportunity will be provided to all persons without regard to their race, color, disability, age, religion, sex or national origin; in accordance with the Minnesota Human Rights Act, Minnesota Statute 363A.08 Unfair discriminatory Practices, it will affirmatively assure that on any project constructed pursuant to this advertisement equal employment opportunity will be offered to all persons without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; in accordance with the Minnesota Human Rights Act, Minnesota Statute 363A.36 Certificates of Compliance for Public Contracts, and 363A.37 Rules for Certificates of Compliance, it will assure that appropriate parties to any contract entered into pursuant to this advertisement possess valid Certificates of Compliance. If you are not a current holder of a compliance certificate issued by the Minnesota Department of Human Rights and intend to bid on any job in this advertisement you must contact the Department of Human Rights immediately for assistance in obtaining a certificate. 000034 - 08209 -0 © 2009 Bonestroo 00100 -2 ADVERTISEMENT FOR BIDS The following notice from the Minnesota Department of Human Rights applies to all contractors: "It is hereby agreed between the parties that Minnesota Statute, section 363A.36 and Minnesota Rules, parts 5000.3400 to 5000.3600 are incorporated into any contract between these parties based on this specification or any modification of it. A copy of Minnesota Statute 363A.36 and Minnesota Rules, parts 5000.3400 to 5000.3600 is available upon request from the contracting agency." "It is hereby agreed between the parties that this agency will require affirmative action requirements be met by contractors in relation to Minnesota Statute 363A.36 and Minnesota Rules 5000.3600. Failure by a contractor to implement an affirmative action plan or make a good faith effort shall result in revocation of its certificate or revocation of the contract (Minnesota Statute 363A.36, Subd. 2 and 3)." A minimum goal of 10.6- percent Good Faith Effort to be subcontracted to Disadvantaged Business Enterprises. Kirk McDonald, City Manager City of New Hope, Minnesota 000034- 08209 -0 © 2009 Bonestroo 00100 -3 ADVERTISEMENT FOR BIDS This Page Left Blank Intentionally DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work within 5 days of Owner's request, Bidder shall submit written evidence, such as financial data, previous experience, present commitments, and such other data, as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 000034 - 08209 -0 © 2009 Bonestroo 00200 -1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports, or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 000034 - 08209 -0 © 2009 Bonestroo 00200 -2 INSTRUCTIONS TO BIDDERS 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; 000034 - 08209 -0 © 2009 Bonestroo 00200 -3 INSTRUCTIONS TO BIDDERS E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the Price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents, and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no pre -Bid conference. 000034 - 08209 -0 © 2009 Bonestroo 00200 -4 INSTRUCTIONS TO BIDDERS ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid Price and in the form of a certified check or bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions and 1208 Proposal Guaranty of the MnDOT's Standard Specifications for Construction 2005 Edition. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. 000034 - 08209 -0 © 2009 Bonestroo 00200 -5 INSTRUCTIONS TO BIDDERS ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. 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. 000034- 08209 -0 © 2009 Bonestroo 00200_6 INSTRUCTIONS TO BIDDERS 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. 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 by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the Total Add or Deduct to the Total Base Bid for each Alternate provided on the Bid Form. 000034 - 08209 -0 © 2009 Bonestroo 00200 -7 INSTRUCTIONS TO BIDDERS RAN414111= S • • C 1� • • • : It 14.01 Bid Unit Price A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of Work listed in the Bid Form, B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00410, Bid Form. This includes all attachments listed in Article 7.01 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 as the Bid. 000034 - 08209 -0 © 2009 Bonestroo 00200_8 INSTRUCTIONS TO BIDDERS ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non - responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. 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 Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate Contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and such Alternates, Bid Unit Prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 000034 - 08209 -0 © 2009 Bonestroo 00200 -9 INSTRUCTIONS TO BIDDERS 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and Insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 000034 - 08209 -0 © 2009 Bonestroo 00200 -10 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT 000034 - 08209 -0 © 2009 Bonestroo INFORMATION AVAILABLE TO BIDDERS This Page Left Blank Intentionally HE Dgi'dUNI v10s3I4f4Ifl UGH M14 - oi 31t43Av V>113MI4151 ONY ou 3nuAv uNzq S1143rGAORdro 3UnjDnHjSvU 3doH 143N 900Z NDUVn'lVA3 IMUMOX03D Nfivag H%3X5 Nollv3o'l 0141b08 US 1 `1 i W-T of i 30 1 133M 00 Doc I C5 _13 ---------- 1 L 30 1 133M 00 Doc I C5 ---------- 0 w o cc Z IL W E li 1 � �.� il tt � ' + ' },,.� � � � � � I � ! �__� � � _� F• � moll M24 E95 C23 Emil 1=11 1=!l 1=1 BRAUM LUG OF BORING I NTE RTEC t NTE RTEC Braun Project BL -05 -06152 BORING: ST -7 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. 2006 New Hope Street Improvements 62nd Ave N, Winnetka Ave N & Meadow Lake Rd New Hope, Minnesota DRILLER: Matthew Takada METHOD: 3 1/4" HSA Autoha►nmer DATE: 1/24/06 SCALE: 1" = 1.6" Elev. Depth feet feet ASTM Description of Materials BPF WL MC Tests or Notes 901.2 0.0 Symbol (ASTM D2488 or D2487) % TTET, FILL: 8 inches of Bituminous over 10 inches of Aggregate Base. dT_ FILL FILL: Clayey Sand, with a trace of Gravel, gray and 899 2,0 brown, moist. CL M SANDY LEAN CLAY, with a trace of Gravel, brown, wet, rather stiff. (Glacial Till) END OF BORING. Water not observed with 4 of hollow -stem auger in the — ground. Water not observed to cave -in depth of 4 feet immediately after withdrawing the auger. _ Boring immediately backfitled. Braun Interiec MMIM ®mm ST -7 page I of I This Page Left Blank Intentionally A W 1 Bonestroo THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 -4898 BIDDER: Weidema, Inc. DOCUMENT 00410 BID FORM WINNETKA AVENUE IMPROVEMENTS CITY PROJECT NO. 845 S.P. NO. 182 - 109 -06 MINN. PROJECT NO. ES10ES (035) PROJECT NO. 000034- 08209 -0 NEW HOPE, MINNESOTA 2009 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the Addenda. 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 ail: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified In SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and nmarams incident thereto. 000034- 08209 -0 © 2009 Bone htr 00410 - 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. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the _Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions 00003408209.0 © 2009 Bwn bw 00410 -2 8I0 FORM ;E 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. Qty Unit Price Total Price BID FORM BASE BID: 1 MOBILIZATION LUMP SUM 1 $ 66 � x'z- -- $ 2 CLEARING TREE 10 $ �Sa $ 3 GRUBBING TREE 10 $ _ /�� " $ . 4 REMOVE WATER MAIN LIN FT 4372 $ $ 5 REMOVE SEWER PIPE (STORM) LIN Fr 193 $ `�� $ - ;7 !; — 6 REMOVE SEWER PIPE (SANITARY) LIN FT 240 $ v, jj' $ SL�- 7 REMOVE CURB AND GUTTER LIN FT 3788$ f, ?S� $ 8 REMOVE CONCRETE CURB AND GUTTER, LIN FT 1120$ SPECIAL 9 REMOVE CONCRETE WALK SQ FT 26130 $ e_Jo`Z $ 10 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 165 $ $ ` ., 7 11 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 364 $ 12 REMOVE BITUMINOUS PAVEMENT SQ YD 77 $ _ /, 7 $ 13 REMOVE HYDRANT EACH 4 $ 14 REMOVE MANHOLE OR CATCH BASIN EACH 15 $ $ �5 =- 15 REMOVE CASTING EACH 44 $ �d w- $ c��i� .. 16 SAWING BITUMINOUS PAVEMENT LIN FT 537 $ _ r� -" $ /D� -- 17 SALVAGE WOOD RAIL FENCE LIN FT 575 $ $ 18 SALVAGE & REINSTALL BENCH EACH 1 $ ��5 = $ J-rJs 19 COMMON EXCAVATION CU YD 4320 $ , $ • � % T� � 20 STREET SWEEPER (WITH PICKUP BROOM) HOUR 75 $ 21 WATER M GALLONS 300$ — 7 �C.K2 -- r- 22 AGGREGATE BASE CLASS 5 TON 1290 $ d $ fC/�� - 23 BITUMINOUS PAVEMENT RECLAMATION SQ YD 20010 $ _c 4' $ 000034 - 08209.0 © 2009 sonesbrw 00410 -3 BID FORM 24 BITUMINOUS PATCHING MIXTURE TON 14$ /ice' -- $ .- 25 TYPE LV 4 WEARING COURSE MIXTURE (B) TON 1830 $ $ //7� �•5/l�._ 26 TYPE LV 4 WEARING COURSE MIXTURE (B), TON b7 $ �a� S� -- $_ �16� FOR DRIVEWAYS 27 TYPE LV 3 NON WEARING COURSE MIXTURE TON 4810 $ 5��irGS $ d�%lefs"�7 (B) 28 BITUMINOUS MATERIAL FOR TACK COAT GALLON 1910 $ r 9C3 $ ____2 — 29 RECONSTRUCT RETAINING WALL SQ YD 20 $ .�3 S $ — 30 IMPROVED PIPE FOUNDATION LIN FT 200 $ ® /d $ �p 31 4" PERF PVC PIPE DRAIN LIN FT 80 $ g° $ 32 12" RC PIPE SEWER CLASS V UN FT 9$ 3i $ --- 33 24" RC PIPE SEWER CLASS V LIN FT 634 $ _. �5' $ 34 30" RC PIPE SEWER CLASS V LIN FT 56 $ $ 35 RECONNECT SANITARY SEWER SERVICE EACH 12 $ _ j,. $ 36 CONSTRUCT BULKHEAD EACH 2$ — - %j9 - $ 37 CONNECT TO EXISTING SANITARY SEWER EACH 7$ PIPE 38 12"X6" PVC WYE EACH 3$ $ - 39 12" PVC SANITARY PIPE SEWER - SDR 35 LIN FT 161$ _ $rj�7.__ 40 4" DUCTILE IRON PIPE SEWER CL 52 LIN FT 61$ 30 $ 41 12" DUCTILE IRON PIPE SEWER CL 52 LIN FT 18 $1 /_ $ 42 2" INSULATION SQ YD 100$ f j L ! L $ /- 00 43 PUMPING - SANITARY SEWER BYPASS LUMP SUM 1 $ _ -- $ 44 TEMPORARY WATER SERVICE LUMP SUM 1 $ _ _ � � -- $ - 45 RECONNECT WATER SERVICE EACH 25$ _ Ic4 "- $ 3 46 INSTALL HYDRANT & VALVE EACH 4 $ f f pQ -.� $ 47 ADJUST HYDRANT EACH 4$ _� -- $ 48 ADJUST VALVE BOX EACH 5 $ .- 49 CONNECT TO EXISTING WATER MAIN EACH it $ /jr`O -- $ j �SC - 000034 - 08209-0 © 2009 Bonestroo 00410 - 4 BID FORM 50 1" CORPORATION STOP EACH 22 $ yf� _ $ �liel� 51 12" BUTTERFLY VALVE AND BOX EACH 4 $ —,1-6-- $ G 3l 52 16" BUTTERFLY VALVE AND BOX EACH 1 $ — ��� "' $ 53 6" GATE VALVE AND BOX EACH 8 $ 54 8" GATE VALVE AND BOX EACH 7 $ 55 1" CURB STOP & BOX EACH 22$ ------ o 7�,s - $ -- 56 1" TYPE K COPPER PIPE LIN FT 1150 $ �� >,�'� $ --- 57 6" WATERMAIN DUCTILE IRON CL 52 LIN FT 309 $ -- $ 58 8" WATERMAIN DUCTILE IRON CL 52 LIN FT 1275$ c CJ, 2: $ 59 12" WATERMAIN DUCTILE IRON CL 52 LIN FT 2713 $ _ i �' � i $ 60 16" WATERMAIN DUCTILE IRON CL 52 LIN FT 75 $ "" $ Cy- 61 DUCTILE IRON FITTINGS POUND 8113$ rpj ,/0 $ 62 CASTING ASSEMBLY EACH 44 $ qs . $ J ,•► .- 63 INSTALL CASTING EACH 44 $ 3S" � -- 64 INSTALL CHIMNEY SEAL EACH 23$ fwd ' $ �9f --- 65 CONNECT TO EXISTING SANITARY MANHOLE EACH 3$ f Te – $ y�r -- 66 CONNECT TO EXISTING MH OR CB EACH 67 CONNECT EXISTING PIPE TO STORM EACH 17$ $ --- STRUCTURE 68 CONST. DRAINAGE STRUCTURE SPECIAL, 27" EACH 1 $ $ DIA CB 69 CONST. DRAINAGE STRUCTURE SPECIAL, 4' EACH 1 $ DIA MH 70 CONST. DRAINAGE STRUCTURE SPECIAL, 4' EACH 5 $ %��j�Q " $ �$� -- DIA CBMH 71 CONST. DRAINAGE STRUCTURE SPECIAL, 2'x EACH ? / T RECTANGULAR CATCH BASIN 72 CONST. DRAINAGE STRUCTURE SPECIAL, 4.5' EACH 1 $ I-�"/ $ 4:20 DIA CBMH _ 73 CONST. DRAINAGE STRUCTURE SPECIAL, 5' EACH �• 2$ $ DIA MH 74 4" CONCRETE WALK SQ FT 26130$ $ 75 4" CONCRETE WALK SPECIAL SQ FT 4620$ _ $ j q( "o 000034. 08209 -0 © 2009 Bmewm 00410 -5 BID FORM 76 CONCRETE CURB & GUTTER DESIGN 8618 LIN FT 3788 $ $ � " . 77 CONCRETE CURB & GUTTER DESIGN SPECIAL LIN FT 1120 $ �� _ $ - 78 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 3967 $ $ 79 PEDESTRIAN CURB RAMP WITH TRUNCATED EACH 15 $ _ " $ "Q� - -- DOME 80 7" CONCRETE VALLEY GUTTER SQ YD 11 $ $ 81 TEMPORARY MAIL BOXES LUMP SUM 1 $ 1 7 5d - $ 82 INSTALL SALVAGED FENCE LIN FT 575$ $ -- 83 TRAFFIC CONTROL LUMP SUM 1 $ _Z $ f� -- 84 ZEBRA CROSSWALK WHITE -PAINT SQ FT 1935 $ /i r�.j $ 85 LOOP DETECTOR SPECIAL EACH 3 $ _ $ 3 86 SILT FENCE, TYPE HEAVY DUTY MAINTAINED LIN FT 1200$ raJ_ i $ .- 87 INLET PROTECTION EACH 48 $ gg5' $ _I , 88 SEEDING ACRE 1 $ $ 89 SODDING TYPE LAWN SQ YD 3890 $ 3•_ - $ L - 90 SELECT TOPSOIL BORROW (SPECIAL) LV CU YD 437 $ $ 91 PAVEMENT MESSAGE (RIGHT ARROW) PAINT EACH 6$ $ - 92 PAVEMENT MESSAGE (RIGHT THRU ARROW) EACH 6$ �f6 "" $ -- PAINT 93 PAVEMENT MESSAGE (LEFT THRU ARROW) EACH 12 $ _ 1707 $ PAINT 94 PAVEMENT MESSAGE (THRU ARROW) PAINT EACH 6$ 95 4" SOLID LINE WHITE -PAINT LIN FT 19605$ 96 24" STOP LINE WHITE -PAINT LIN FT 330$ $ 1 97 4" BROKEN LINE WHITE -PAINT LIN FT 390$ $ 98 4" DOUBLE SOLID LINE YELLOW -PAINT LIN FT 990 $ _ • $ ,,W, /d 99 4" BROKEN LINE YELLOW -PAINT LIN FT 10800 $ / $ _ ,1a9b — TOTAL BASE BID $ j j,6� 000034 - 08209 -0 © 2009 Done troo 00410 -6 DID 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. To the New Hope City Council. C. Notice To Bidders. D. Non - Collusion Declaration. E. Attachment CM 32 -34. F. Federal Aid Project Notice. G. Form 21126D. H. EPA Form 6100 -3. I. EPA Form 6100 -4. J. EPA Form 5700-49. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on September 21 If Bidder Is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): (SEAL) Phone No.: 000034- 08209 -0 @ 2009 Bmn trw 2C 09 Fax No.: 00410 -7 BID FORM A Partnership Partnership Name: (SEAL) By: (Signature of general partner) .�... 000039. 08209 -0 2009 swfttroo Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: S.R. Weidema , Inc. (SEAL) State of Incorporation: Minnesota Type (General Business, Profess' rvice, Limited Liability): General Business B — Name (typed or printed): Title: _ Pl:afi Attest (CORPORATE SEAL) Business Street Address (No P.O. Box #'s): 17600 113th Avenue North Maple Grove, MN 55369 Phone No.: 763- 42 -9110 Fax No.: 763 -428 -9095 00410 -5 (Signature) Scott Weidema BID FORM A Joint Venture Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: (Signature of joint venture partner) Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box rs): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000034- 08209 -0 ® 2009 Smn trw 00410 -9 DID FORM THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond CNOW ALL MEN BY THESE PRESENTS, THAT WE S.R. Weidema Inc. 17600 113th Avenue North, Maple Grove, MN 55369 is Principal, hereinafter called the Principal, and Western Surety Comoanv P. O. Box 5077 Sioux Falls SD 57117 -5077 corporation duly organized under the laws of the State of SD s Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HO PE 4401 X Ion Avenue North New Hoe MN s Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% )r the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, Kecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. MEREAS, the Principal has submitted a bid for _City Project No. 845, S.P. 182- 109 -06 Minn Proi No ES10ES(035); nnetka Avenue Improvements JW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or ) ntract Documents with good and sufficient surety for the faithful, performance of such Contract and for the prompt yment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter ch Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the nalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith ntract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise remain in full force and effect. Ined and sealed this 21st day of September 2009 S.R. Weidema, Inc. (Seal) (Witness) r " ""t-UNMIN I A611L) • BID BOND • AU • FEBRUARY 1970 ED. ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Scott Weidema President (Title) ACKNOWLEDGEMENT OF CORPORATION State of _MINNESOTA ) ss. On this 21st day of September 2009 County of HENNEPIN before me appeared Scott Weidema to me personally ly known, who, being by me duly sworn, did say that he i s th President :>f S.R. WEIDEMA. TNC- i corporation, that the seal affixed to the foregoing instrument is the =porate seal of said corporation, (If no seal, so state, and strike out above a to Corporate seal) ind that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said - Scott Weidema acknowledged said instrument to be the 'ree act and deed of said corporation. RACHEL THONIAS fl , Cc.--- b Jan 31 2010 ACKNOWLEDGEMENT OF CORPORATE SURETY :ate of - MINNESOTA _) ) ss. On this _... 21st — day of September 20 09 >unty of HENNEPIN ) before me appeared . , , Linda K. French me personally known, who, being by me duly sworn, did say that _.q_he the Attorney-in-Fact WESTERN SURETY COMPANY a rporation, that the seal affixed to the foregoing instrument is the rporate seal of said corporation and that said instrument was executed behalf of said corporation by authority of its Board of Directors; and at said Linda K. French knowledged said instrument to be the free act and deed of said r - pora ti on. RACI THOMA NO'U'RY FUCL1C-f!.!NN7S0T 'es Jan. 31 2010 Notary Public MY commission expires Cc un ty, ivonary -PUb-L i C--Coun ty, My commission expires W estern Surety Comp POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French'*Craig Remick, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1 Ith day of March, 2009. ErYC WESTERN SURETY COMPANY M 4 o � v0gq �i� s $ 9i` > o Kd` Paul . Brufla�S�ei.� , Vi ce President State of South Dakota County of Minnehaha . ss On this 11 th day of March, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + t D. KRELL J r November 30, 2012 f EAS NOTARY PUBLIC gE f�SOUTH DAKOTAr s + CERTIFICATE D. Krell, No ary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this _ S t day of _ September 2009 ~ ° -..'n: I WESTERN SURETY COMPANY o g80gj�er $W14 t�jT OPKC� 'orm F4280 -09 -06 L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. To the New Hope City Council: According to the advertisement of the City of New Hope inviting proposals for the improvement of the section of highway hereinbefore named, and in conformity with the Contract, Plans, Specifications and Special Provisions pertaining thereto, all on file in the office of the City Engineer: (I)(We) hereby certify that (I am)(we are) the only person(s) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation at all; that an examination has been made of the site of the work and the Contract form, with the Plans, Specifications and Special Provisions for the improvement. (1)(We) understand that the quantities of work shown herein are approximate only and are subject to increase or decrease; that all quantities of work, whether increased or decreased within the limits specified in Mn/DOT 1903, are to be done at the unit prices shown on the attached schedule; that, at the time of opening bids, totals only will be read, but that comparison of bids will be based on the correct summation of item totals obtained from the unit prices bid, as provided in Mn/DOT 1301. (1)(We) propose to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified, in the manner and at the time prescribed, all according to the terms of the Contract and Plans, Specifications, and the Special Provisions forming a part of this. (I)(We) further propose to do all Extra Work that may be required to complete the contemplated improvement, at unit prices or lump sums to be agreed upon in writing before starting such work, or if such prices or sums cannot be agreed upon, to do such work on a Force Account basis, as provided in Mn/DOT 1904. (1)(We) fun ther propose to execute the form of Contract within 10 days after receiving written notice of award, as provided in Mn/DOT 1306. (1)(We) further propose to furnish a payment bond equal to the Contract amount, and a performance bond equal to the Contract amount, with the aggregate liability of the bond(s) equal to twice the full amount of the Contract if the contract is less than or equal to five million dollars ($5,000,000.00), or if the contract is in excess of five million dollars ($5,000,000.00) the aggregate liability shall be equal to the amount of the contract, as security for the construction and completion of the improvement according to the Plans, Specifications and Special Provisions as provided in Mn/DOT 1305. (])(We) further propose to do all work according to the Plans, Specifications and Special Provisions, and to renew or repair any work that may be rejected due to defective materials or workmanship, before completion and acceptance of the Project by the City Engineer. (1)(We) agree to all provisions of Minnesota Statutes, Section 181.59. (I)(We) further propose to begin work and to prosecute and complete the same according to the time schedule set forth in the Special Provisions for the improvement. (I)(We) assign to the City of New Hope all claims for overcharges as to goods and materials purchased in connection with this Project resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. This clause also applies to subcontractors and first tier suppliers under this Contract. Notice to Bidders The following specifications are required by this contract and are available by request at Bonestroo and via the internet at the sites listed below: Schedule of Materials Control (dated April 3, 2009) 49 pages This contract requires strict adherence to the Schedule of Materials Control. It is the contractor's responsibility to make himself/herself familiar with it. Copies of the Schedule of Materials Control are available by request from Bonestroo or via the internet at hgp: / /www.mrr.dot.state.mn.us /materials /materials asp and by selecting Materials Control Schedule, Equal Employment Opportunity (EEO) Special Provisions (revised 3/07) 33 pages This contract requires strict adherence to the EEO Special Provisions. It is the contractor's responsibility to make himself/herself familiar with it. EEO Special Provisions are available by request from Bonestroo or via the internet at bM://www and by selecting EEO Special Provisions. NPDES — Storm -water Permit for Construction Activity (Issuance Date August 1, 2008) 30 pages This contract requires strict adherence to the NPDES — Storm Water Permit for Construction Activity. It is the contractor's responsibility to make himself/herself familiar with it. Copies of the NPDES — Storm Water Permit for Construction Activity are available by request from Bonestroo or via the internet at hgp and by selecting Permit and Program Forms. 2360/2350 Plant Mixed Bituminous Pavement (dated December 23, 2008) 48 pages This contract requires strict adherence to the Mn/DOT "Combined 2360/2350 (Gyratory/Marshall Design) Specification for the 2008 Construction Season ". It is the contractor's responsibility to make himself/herself familiar with it. Copies of the Mn/DOT "Combined 2360/2350 (Gyratory/Marshall Design) Specification for the 2008 Construction Season" are available by request from Bonestroo or via the internet at: bgp: / /www.mrr.dot.state mn us /pavement/bituminous / bituminous asg, select View the Combined 236012350 Specification — 2008 Version. As bidder of this contract, I acknowledge that I (we) am (are) familiar with the above documents and that we will adhere to the requirements of same for this contract. Z � 9/21/09 Signed S ott Weidema Date for: S. R. Weidema, Inc. 01 . 4 The following Non - Collusion Declaration shall be executed by the bidder: State Project No. Federal Project No. S.P. 182 - 109 -06 State of Minnesota ) ss County of Hennepin ) I, Scott Weidema (name of person signing this declaration) 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 S.R. Weidem Inc. (name of person, partnership or corporation submitting this proposal) and that I have the authority to make this declaration 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 declaration. Signed: (bidder or or his uthorized representative) Scott Weidema ATTACHMENT CM 32 -34 March 26, 1969 THE FOLLOWING CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS SHALL BE EXECUTED BY THE BIDDER. The bidder hereby certifies the he /she has XX , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114 or 11246, and that he /she has __ _l has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. S.R. Weidema, Inc. (Company) B �-- Scott Weidema President . (Title) Date: September 21, 2009 Note The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41CFR 60- 1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are exempt from the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. FEDERAL -AID PROJECT NOTICE By signing and submitting this proposal, the prospective primary bidder is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why he /she cannot provide the certification set out below. Certification or explanation will be considered concerning the City of New Hope's determination whether to enter this transaction. Failure of the prospective primary participant to furnish a certification or written explanation why he /she cannot provide the certification shall disqualify such people from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the City of New Hope decided to enter this transaction. If it is later decided that the prospective primary participant knowingly rendered an erroneous certification, beyond other remedies available to the Federal Government, the City of New Hope may end this transaction for cause of default. The prospective primary participant shall provide immediate written notice to the City of New Hope if any time the prospective primary participant learns that his /her certification was erroneous when submitted or has become erroneous due to changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lowertiercovered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded as used in this clause have the meanings set out in the Definition and Coverage sections of the rules carrying out Federal Executive Order 12549 dated February 18, 1986. Bidders may contact Mn /DOT for assistance in obtaining a copy of these regulations. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered, he /she shall not knowingly enter 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 City of New Hope and Mn /DOT. Nothing contained in this shall be construed to require establishment of system of records to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The prospective primary participant further agrees by submitting this proposal that he /she will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction" provided by Mn /DOT without modification in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that he /she and his /her principals are not debarred, suspended, ineligible, or voluntarily excluded, from the covered transaction by any Federal agency, unless he /she knows that the certification is erroneous. A participant may decide the method and frequency by which he /she decides the eligibility of his /her principals. Except as authorized by Mn /DOT, if a participant in a covered transaction knowingly enters a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, beyond other remedies available to the Federal Government, the City of New Hope may end this transaction for cause or default. Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions (1)(We) certify that the firm or any person associated with it in the capacity of owner, part- ner, director, officer, project director, manager auditor, or any position involving the administration of Federal funds: are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntary excluded from covered transactions by any Federal department or agency; have not within.the three -year period preceding this proposal been convicted of or had a civil judgment rendered 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; or 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; are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the above enumerated offenses; have not within a three year period preceding this application /proposal had one or more transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. (1)(We) agree that (my)(our) signatures on this proposal form certification of "status" under penalty of perjury under the laws of the United States. Form 21126D (FF Rev. 4 -00) State Project No. 182- 109 -06 GRAND TOTAL • -W-t�9,1 PROPOSAL GUARANTY required by 1208 ofthe Specifications "A (certified cheek) (bond), prepared as required by 1208 of the Specifications and payable to the City of New hope Treasurer, in an amount equal to at least 5% of the total amount of the bid is submitted herewith as a proposal guaranty. DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION: Our firm will meet a minimum goal of a �5 ' 0 /o of this contract to Disadvantaged Business Enterprises. A bidder who fails to indicate a specific goal above must fulfill the total goals indicated in the proposal. NON - COLLUSION AFFIDAVIT A Non - Collusion Affidavit is found in this proposal which must be signed by each bidder. RECEIPT OF ADDENDA as required by 1210 of the Specifications The undersigned hereby acknowledges receipt of and has considered: Addendum No. A Dated 9/4/09 Addendum No. Dated Addendum No. 15 Dated 9- 18 &q Addendum No. Dated Signed ---- .�,,.- ----�� Scott eidema EXECUTION OF PROPOSAL as required by 1206 of the Specifications• This proposal dated the 21st day of September 20 09 Signed: , P.O. Address as an individual. Signed: P.O. Address as an individual. doing business under the name and style of Signed: , for a partnership. NAME BUSINESS ADDRESS Z Signed: or S.R. Weidema , Inc. a corporation, incorporates under let laws of the State of Minnesota Name of President Scott Wei d _ma Business Address 17600 113th Avenue North Name of Vice - President Scott Weidema Business Address Maple Grove, MN 55369 Name of Secretary Scott Weidema Business Address Name of Treasurer Scott Weidema. Business Address (NOTE: Signatures shall comply with 1206 of the Specifications.) OMB Control No: 2090-0030 Approved: 05/01/2008 Approval Expires: 01/31/2011 Environmental Protection Agency Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form I NAME OF SLTBCON \TRACTOR, PROjECTNAME L �i - 1 (1 Yr S� + ADDRESS BID/PROPOSAL NO. TELEPHONENO, a .Sct7 i1r7 ti E -MAIL ADDRESS .�oklt� klt� PRIME CONTRACTOR NAME CONTRACT ITEM OF WOR ITEM NO. PRIME n / fy) 0 c3 , K OR DESCRIPTION OF SERVICES BID TO PRICE OF WORK SUBMITTED TO PRIME CONTRACTOR c/ I 1 .a C Ss c�) Currently certified as an MBE or WBE under EPA's DBE Program ? Yes No Signature of Prime Contractor Date Print Name Title Signature of Subcontractor Date Name Title Print �Suhcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. F,PA FORM 6 100.3 (I)BE Subcontractor Perlvrmw1ce form 1 Environmental NOV, Protection Agency 1 OMB Control No: 2090 -0030 Approved: 05/01/2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form DIU /rKVrVZ)AL NU. PROJECT NAME CP N0, 845; S.P. 1$2- 109 -06 Winnetka Avenue Improvements NAME OF PRIME BIDDER/PROPOSER E -MAIL ADDRESS S. R. Weidema,. Inc. funjob @srweidema.com ADDRESS.. 17600 113th Avenue'.North Maple Grove, MN .55369 TELEPHONE NO. 763- 428 -9110 FAX NO. 76 - 428 -9095 The 011owing subcontra.ctorsi will be used on this project: COMPANY: NAME, ADDRESS, PHONE TYPE OF WORK TO BE. ESTIMATE CURRENTLY NUMBER, AND E -MAIL ADDRESS PERFORMED D DOLLAR CERTIFIED AMOUNT AS AN MBE OR WBE? Lucas Deconstruction Clear & Grub 2,750 Yes 29191 Verdin Street Isanti, MN 55040 763-444-54(4' Shaw Trucking Trucking TBD Yes 15850 Lincoln., N. Ham Lake, MN 55304 763-434-3300 MBE, Inc. 763 -972 -923 530 River Street SE Delano, MN 55328 -1056 Trucking TBD Yes certify under penalty of perjury that the forgoing statements are true and correct. In the event of a 'placement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 ection 3 02(c). gnature of Prime Contractor Date - int Nance Title 'Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with n contractor to provide services pursuant to an EPA award of financial assistance. 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FOIL SAE PRt7lJUCT FOR SAFE FOR SALE " Dentin �." f O BRA Doppstadt Slaw Speed Shredder z E� +max., '' . . 0 tact► 1 Suppiers: Available at . it jttl � 3 bid r re: q ( Forest Lake Yard:.14551 Fake Drive stzeslclasses o Ri Rap � 3" z 1 i p Clear Rock, 1 I TP F Clear Kock � Coarse Filter Aggregate ' Harn Lake Pit Lexhigtbn Aye & 154th Ave s MtVih Select Granular Sand • Black Dirt 2009 "' NOkT 4141 GGREb H A " ' � �a F' ,� ��� ' •: Also � ��` Id H�nled 'T m "el 5cr @BnS qTE, INC. r s� �arA'1'onrnntY @r llteetis G llz . Contaet: Mike Jorgenson n w .. �l } e>'i� Etqui'pment Salts " ; ° • X1¢4. 802 www `npatnc ,a t a r: ecotnti f.'Om `' w �4'p x F09orDeLvered Califor�ncin tot g i M _ 'w�� ,y„T �,. a•^;a "'� tom+ r {� „T ""Gy,aat�» t` x�. +L "FV3 F*"k. H ?l `4.*:� rs al9t''�t Ti�'�'4 a }lfdpt �, 'fi�•�, a ���, v, �^ df..,yt..zrw ��q tP�f�.z _ I a v e K ' 'f , m�� a"}.rzw�a`3a r x t } r k rr i m �§ OIXXI �6- 4�'8 n e GC'a s, t } all' L � Tools nlicElrs , A- Com`pp Dewatering Systems % 34 °� �t5�00 X87 OO �Ib •Gas Purxips tip to T �c Wheet� badeis •tiDtsset Pumps up tb I0- }• tt h�3 5 r7t0'" `' ! Subia tSible PUrpps 1,:25 hi3'; x e H' k: +- # bse , •ac�' waders rA, • Disciia�ge Pipes �?i25J3 O`, • Genera�tbY Sets X200 watt 125 kw ks 'w a „5„ 3�Slotor Gr� t►ers n, Compaction ig r f���95cra ers 3umptng 5at •Plate' Compactors �!GOmpbctorsf "pr Doubbt �D • I7 c -d of or Pad Foot beep nd �p oot a Smooth Drum °Lasers Rom i rlg; • GPS E Ut m ent � Bac�ttioe>Loatlers� • Saws - Gut ° ot #f &YYatkBehgnd �f Skid Steer lyiaers • Cecrint'Mrxs ?Air Corlip�essors Trackfe ; +Sewer Fi Water Egsiprpent I �, gl & I►ttAc M6nts • Tre d Boxes' x t€ }• Artl�ul�at d • Fusin�4 E me, 3/4 ",-24" �1 „ • a; yak •rat Type Tact ors ° W Testag ater ta fqulpment , , 70 3 iip 1X,000 85,000 Ib • Sswer Testing Equ�ment h • Tes up to 36 F. ° fis�PlaalJ Mai 1tIe t" �kltg } a1S�y£ 5 ” y� � •Gas letecto y LocatorseG �1QWtOtr ptJbilCq�IU� „. •Lasers Pipe " CF @QeSt� TC Rental has a wide variety of :construction tools pr response' #o your . 1 , aatlucts and "services. and egtllptri6nt Please gave us a coil for, a full 1lst41g Alid'priciii g; CotltaCt: si6o 1i Avenue North Riehar'd Thom` son at Mapie Grove, MN 55369 952 "401 `.1� . 8 01 . Phone: 7 63- 428 -9145. Fax:' 763 -428 -9095 Fax: 866 881 -7009 f 4 www.tcrentalequipment.com rich.thom son @reedbusiness,Com 42 September 14, 2009 'CONSTRUCTION BULLETIN 11 1 IBM r -25 -2009 00:45 From: To: 4289095 Page:1 /1 } .7�,•. LI •ifl :.r 1 �� , ' ,�'',, '. � .., 1.�{ ' `' '' . ; t /nlr 3a!O.B79.7SOf,? '.•IitIGG•Glrlc? p�rxuy, :YMM !J.'C/7 ryf••1 QP•Yl'.:L � ,�•,�•��:� :� LL 0J •, 4�j J y)/fr /� „p on Co "b1r�t w�r:!•i��C ti C 1 � i,,• Gt iAr /� i , ., ,..,.•. N...., pl•tv..,:�M :1•.I :tM rM,.l •:..t.i• /�. - �•. , � t.I cretin n ",:. ;e>K. ;'- , r M1un.. 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Have not within a three ear _ against them for commission of fraud or a criminal t offense in connection with obtaining, attejudgement pg btain, or (b) performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commiss records, making false statements, or receiving stolen property; ion of embeuleme M g obtain, or , theft, forgery, falsification or destruction of (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification, and (d) 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. 1 understand that a false statement on this certification may be grounds for rejection of this ro posal or termination of the award, addition, under 18 USC Sec. 1001, a false UP to 5 years, or both. statement may result in a fine of up to $10,000 or imprisonment for P Scott Weidema, President Typed Name & Kepresentative Signature of uthorixed Representative 1:Dl am unable to certify to the above statements. My explanation is attached. EPA FORM 5700 -49 (11 -88) V H GCt J t a`f`d1 E-� �� �3 4 r aa� t 1 . N ? A • G?1 O O N N . S V N Q l .� C e..l V m L m cr c m E 2 0 CD 0 E E 0 j DOCUMENT 00520 THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and S.R. Weidema Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: municipal utility and street construction. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Winnetka Avenue Improvements for the City of New Hope, Minnesota, City Project No. 845, S.P. 182 - 109 -06, Minn. Project No. ES10ES (035). ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Milestones, Substantial Completion, and Final Payment A. All street and utility work, except wear course paving, will be completed on or before September 3, 2010. B. Any remaining restoration work shall be completed on or before May 15, 2011. C. All wear course paving shall be completed on or before July 1, 2011. D. All of the Work of the Project shall be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 22, 2011. 000034- 08209 -0 00520 -1 © 2009 Bonestroo AGREEMENT FORM 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty), Contractor shall pay Owner $200 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 $200 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of One Million One Hundred Eighty -Six Thousand Four Hundred Sixty Dollars and Fifteen Cents ($1,186,460.15) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 000034- 08209 -0 00520 -2 0 2009 Bonestroo AGREEMENT FORM 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 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 in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 000034- 08209 -0 00520 -3 © 2009 Bonestroo AGREEMENT FORM G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Funding Agency Requirements. 6. Specifications. 7. Drawings bearing the following general title: Winnetka Avenue Improvements. 8. Addendum (A and B, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 10. 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. 000034- 08209 -0 00520 -4 © 2009 Bonestroo AGREEMENT FORM C. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 000034 - 08209 -0 00520 -5 © 2009 Bonestroo AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on �,`; ,a f`� p er 2009 (which is the Effective Date of the Agreement). Owner: Address for giving notices: 4401 XYLO Contractor: Address for giving notices: P� J License No. ,) My (Where applicable) Designated Representative: Phone: /�-' 5 31 / - Facsimile: 6 ' - 53 / __ '5 " Designated Representative: Name: Title: Address: Phone: Facsimile: END OF DOCUMENT 000034 - 08209 -0 00520 -6 © 2009 Bonestroo AGREEMENT FORM Designated Representative: Name: Scott Enerson Title: Superintendent Address: 17600 113 Avenue North Maple Grove, MN 55369 Phone: 763 - 428 -9110 Fax: 763 - 428 -9095 Designated Representative: Name: Nick Holtz Title: Project Manager Address: 17600 113 Avenue North Maple Grove, MN 55369 Phone: 763 - 428 -9110 Fax: 763- 428 -9095 Designated Representative: Name: Donna Setter Title: Controller Address: 17600 113 Avenue North Maple Grove, MN 55369 Phone: 763- 428 -9110 Fax: 763 - 428 -9095 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 Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C -610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610 -1 I . Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to 1. Surety in accordance with the terms of the Contract; 6. After Owner has terminated Contractors right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and located and shall be instituted within two years after Contractor Default or within two at Surety's expense take one of the following actions: 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 4.1. Arrange for Contractor, with consent of Owner, to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation the Contract; or available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2. Undertake to perform and complete the Contract itself, through its agents 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address or through independent contractors; or shown on the signature page. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 11. When this Bond has been famished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 00610 -2 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 Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 61. 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. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a 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 comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): 00615 -2 TANDARD GENERAL CONDITIONS OFTHE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by Mew s r R,t. a The Associated General Contractors of America and Sustanin Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright Oc 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ................................................................................ ..............................6 1 .01 Defined Terms ............................................................................................................................ ..............................6 1.02 Terminology ............................................................................................................................... ..............................8 ARTICLE2 - PRELIMINARY MATTERS ................................................................................................. ..............................9 2.01 Delivery of Bonds and Evidence of Insurance .......................................................................... ............................... 9 2.02 Copies of Documents ................................................................................................................. ..............................9 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. ..............................9 2.04 Starting the Work ....................................................................................................................... ..............................9 2.05 Before Starting Construction ..................................................................................................... ..............................9 2.06 Preconstruction Conference ...................................................................................................... ..............................9 2.07 Initial Acceptance of Schedules ................................................................................................. ..............................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................... .............................10 3.01 Intent ......................................................................................................................................... .............................10 3.02 Reference Standards ................................................................................................................. .............................10 3.03 Reporting and Resolving Discrepancies ................................................................................... .............................10 3.04 Amending and Supplementing Contract Documents ............................................................... ............................... 11 3.05 Reuse of Documents .................................................................................................................. .............................11 3.06 Electronic Data ......................................................................................................................... .............................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................... .............................11 4.01 Availability of Lands ................................................................................................................. .............................11 4.02 Subsurface and Physical Conditions ......................................................................................... .............................12 4.03 Differing Subsurface or Physical Conditions ........................................................................... .............................12 4.04 Underground Facilities ............................................................................................................. .............................13 4.05 Reference Points ....................................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site ............................................................................ .............................13 ARTICLE 5 - BONDS AND INSURANCE ................................................................................................ .............................14 5.01 Performance, Payment, and Other Bonds ................................................................................. .............................14 5.02 Licensed Sureties and Insurers ................................................................................................. .............................15 5.03 Certificates oflnsurance ........................................................................................................... .............................15 5.04 Contractor's Liability Insurance .............................................................................................. .............................15 5.05 Owner's Liability Insurance ..................................................................................................... .............................16 5.06 Property Insurance ................................................................................................................... .............................16 5.07 Waiver of Rights ........................................................................................................................ .............................17 5.08 Receipt and Application of Insurance Proceeds ....................................................................... .............................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................... .............................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................ .............................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............................................................................. .............................18 6.01 Supervision and Superintendence ............................................................................................. .............................18 6.02 Labor; Working Hours .............................................................................................................. .............................18 6.03 Services, Materials, and Equipment .......................................................................................... .............................18 6.04 Progress Schedule ..................................................................................................................... .............................18 6.05 Substitutes and "Or- Equals .. .................................................................................................... .............................19 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. .............................20 6.07 Patent Fees and Royalties ......................................................................................................... .............................21 6.08 Permits ...................................................................................................................................... .............................21 6.09 Laws and Regulations ............................................................................................................... .............................21 6.10 Taxes ....................................................................................................................................... ............................... 22 6.11 Use of Site and Other Areas ...................................................................................................... .............................22 6.12 Record Documents .................................................................................................................... .............................22 6.13 Safety and Protection ................................................................................................................ .............................22 6.14 Safety Representative ................................................................................................................ .............................23 6.15 Hazard Communication Programs ........................................................................................... ........................... EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies .............................................................................................................................. .............................23 6.17 Shop Drawings and Samples .................................................................................................... .............................23 6.18 Continuing the Work ................................................................................................................. .............................24 6.19 Contractor's General Warranty and Guarantee ....................................................................... .............................24 6.20 Indemnification ......................................................................................................................... .............................24 6.21 Delegation of Professional Design Services ............................................................................. .............................25 ARTICLE - OTHER WORK AT THE SITE ............................................................................................ .............................25 7.01 Related Work at Site .................................................................................................................. .............................25 7.02 Coordination ............................................................................................................................. .............................26 7.03 Legal Relationships ................................................................................................................... .............................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor ................................................................................................. .............................26 8.02 Replacement of Engineer .......................................................................................................... .............................26 8.03 Furnish Data ............................................................................................................................. .............................26 8.04 Pay When Due .......................................................................................................................... .............................26 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance .................................................................................................................................. .............................26 8.07 Change Orders .......................................................................................................................... .............................26 8.08 Inspections, Tests, and Approvals ............................................................................................. .............................26 8.09 Limitations on Owner's Responsibilities .................................................................................. .............................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................... .............................27 8.11 Evidence of Financial Arrangements ........................................................................................ .............................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................ .............................27 9.01 Owner's Representative ............................................................................................................ .............................27 9.02 Visits to Site .............................................................................................................................. .............................27 9.03 Project Representative .............................................................................................................. .............................27 9.04 Authorized Variations in Work ................................................................................................. .............................27 9.05 Rejecting Defective Work .......................................................................................................... .............................27 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... .............................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... .............................28 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ .............................28 ARTICLE10 - CHANGES IN THE WORK; CLAIMS .............................................................................. .............................28 10.01 Authorized Changes in the Work .............................................................................................. .............................28 10.02 Unauthorized Changes in the Work .......................................................................................... .............................29 10.03 Execution of Change Orders ..................................................................................................... .............................29 10.04 Notification to Surety ................................................................................................................ .............................29 10.05 Claims ..................................................................................................................................... ............................... 29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ....................................................................................................................... .............................30 11.02 Allowances ................................................................................................................................ .............................31 11.03 Unit Price Work ........................................................................................................................ .............................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ....................................................................................................... ............................... 32 12.02 Change of Contract Times ........................................................................................................ .............................33 12.03 Delays ....................................................................................................................................... .............................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ....................................................................................................................... .............................33 13.02 Access to Work .......................................................................................................................... .............................33 13.03 Tests and Inspections ................................................................................................................ .............................33 13.04 Uncovering Work ...................................................................................................................... .............................34 13.05 Owner May Stop the Work ........................................................................................................ .............................34 13.06 Correction or Removal of Defective Work .............................................................................. ............................... 34 13.07 Correction Period ..................................................................................................................... .............................34 13.08 Acceptance of Defective Work .................................................................................................. .............................35 13.09 Owner May Correct Defective Work ......................................................................................... .............................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. .............................36 14.01 Schedule of Values .................................................................................................................... .............................36 14.02 Progress Payments .................................................................................................................... .............................36 14.03 Contractor's Warranty of Title ................................................................................................. .............................37 14.04 Substantial Completion ................................................................. .............................37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14 .05 Partial Utilization ..................................................................................................................... .............................38 14 .06 Final Inspection ........................................................................................................................ .............................38 14.07 Final Payment ........................................................................................................................... .............................38 14 .08 Final Completion Delayed ........................................................................................................ .............................39 14 .09 Waiver of Claims ...................................................................................................................... .............................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................ .............................39 15.01 Owner May Suspend Work ........................................................................................................ .............................39 15.02 Owner May Terminate for Cause .............................................................................................. .............................39 15.03 Owner May Terminate For Convenience .................................................................................. .............................40 15.04 Contractor May Stop Work or Terminate ................................................................................. .............................40 ARTICLE16 - DISPUTE RESOLUTION ................................................................................................... .............................41 16.01 Methods and Procedures .......................................................................................................... .............................41 ARTICLE 17 - MISCELLANEOUS ............................................................................................................ .............................41 17.01 Giving Notice ............................................................................................................................ .............................41 17 .02 Computation of Times ............................................................................................................... .............................41 17 .03 Cumulative Remedies ................................................................................................................ .............................41 17.04 Survival of Obligations ............................................................................................................. .............................41 17.05 Controlling Law ........................................................................................................................ .............................41 17.06 Headings ................................................................................................................................... .............................41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS 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. 12. Contract Documents -- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price- -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times - -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor - -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work - -See Paragraph 11.01.A for definition. 17. Drawings- -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement - -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer - -The individual or entity named as such in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 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 I of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition - - The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste - - The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations - -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - - A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award- -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed - - A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. 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 nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative - - The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals - - A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values - - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop 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. 42. Site- -Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion - -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder - -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions - -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - -A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities - -All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work- -Work to be paid for on the basis of unit prices. 51. Work- -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive - -A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times i£ a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds P. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates oflnsurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all -risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright (0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of R ights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such parry by the Contract Documents, such party shall notify the other parry in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the fimction and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright cG 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of .engineers, architects, attorneys, and other professionals and all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright cC 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of. 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.2 1, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owmer's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.0I.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 actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.0I.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.1)), provided such losses and damages h ave EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11.01.B. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Con tractor'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 I.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0 1.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0I.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01 .A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0LAA, 11.0I.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in 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 12.01 .C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and fumish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certifica of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other ob ligations EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.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 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright GD 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 This Page Left Blank Intentionally DOCUMENT 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C -700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and inserting the word "five." ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC -4.02 Add the following new paragraphs immediately after Paragraph 4.02.13: C. In the preparation of Drawings and Specifications, Engineer relied upon the following reports of explorations and tests of subsurface conditions at the Site: 1. Report Dated February 23, 2006, prepared by Braun Intertec, entitled "A Geotechnical Evaluation Report: 2006 New Hope Infrastructure Improvements." D. Copies of reports and drawings itemized in SC- 4.02.0 that are not included with Bidding Documents may be examined at the office of Engineer during regular business hours. These reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which the Contractor may rely as identified and established above are incorporated therein by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer in the preparation of Drawings and Specifications. 000034 - 08209 -0 00800 -1 © 2009 Bonestroo SUPPLEMENTARY CONDITIONS ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C -610 and C -615 (2002 Edition) or a similar bond form if approved by Owner. SC- 5.03.13 Delete Paragraph 5.03.13 in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non - owned, and hired vehicles. 000034 - 08209 -0 00800 -2 © 2009 Bonestroo SUPPLEMENTARY CONDITIONS 4. Umbrella Excess Liability $1,000,000 Each Occurrence $1,000,000 Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: Owner. Engineer. SC- 5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC- 5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1 -1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be 000034 - 08209 -0 00800 -3 © 2009 Bonestroo SUPPLEMENTARY CONDITIONS awarded its costs and disbursements, including attorney's fees included in bringing the action. SC- 6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 1." SC- 6.19.A Delete the words "representation of ' in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC- 10.05.13 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.13 shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC- 16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: SC -16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided 000034 - 08209 -0 00800 -4 © 2009 Bonestroo SUPPLEMENTARY CONDITIONS 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. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC- 16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF DOCUMENT 000034 - 08209 -0 00800 -5 © 2009 Bonestroo SUPPLEMENTARY CONDITIONS This Page Left Blank Intentionally DOCUMENT 00820 FUNDING AGENCY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic requirements set by Grants and Loans and Funding Agencies. B. This Project will be completed using both State and Federal Funds. C. This Project may be completed using grants and/or loans administered through the Public Facilities Authority. 1.02 FUNDING REQUIREMENTS A. American Recovery and Reinvestment Fund Requirements. B. Federal /State Aid Funding Requirements. C. Public Facilities Authority Funding Requirements. 1.03 PREVAILING WAGE RATES A. Both State and Federal wage rates apply to this Project. Payment for labor shall utilize the higher wage rate between State and Federal for all classifications. B. For duration of the Project, complete weekly Payroll form and Statement of Compliance and submit to Owner. 1.04 MINNESOTA PUBLIC FACILIITES AUTHORITY CONTRACT PACKET A. Provide EPA Form 6100 -2 DBE Program Subcontractor Participation Form to all of its Disadvantaged Business Enterprise subcontractors. B. Complete EPA Form 6100 -3 DBE Program Subcontractor Performance Form and submit with Bid Form. C. Complete EPA Form 6100 -4 DBE Program Subcontractor Utilization Form and submit with Bid Form. 000034 - 08209 -0 © 2009 Bonestroo 00820-1 FUNDING AGENCY REQUIREMENTS 1.05 EXECUTIVE ORDER 11246 AND MINNESOTA STATUTE 181.59 A. Complete "Certification of Non - segregated Facilities" and submit to Owner. B. Complete and post "Notice to Labor Unions or Other Organization of Workers Non- discrimination in Employment." C. Each month, complete U.S. Department of Labor Monthly Employment Utilization Report and submit to Owner. 1.06 EXECUTIVE ORDERS 11265 AND 12138 A. Requirements promoting the use of Minority and Women Business Enterprises (M/WBE), and Small Businesses in Rural Areas (SBRA). B. EPA Form 6100 -4 shall replace all references to Data Sheet #1: Submit EPA Form 6100 -4 with Bid Form to document M /WBE or SBRA participation on Project. C. Data Sheet #2: 1. Contractor shall use EPA Form 6100 -3 in place of Part C on Data Worksheet 2. 2. Submit with Bid Form if Project will have no M /WBE or SBRA participation. 3. Low Bidder submits within 7 days of notification as apparent low responsive Bidder (unless already submitted with Bid Form). D. WBE/MBE /SBRA Capability Statements: Low Bidder submits within 7 days of notification as apparent low responsive Bidder. E. Owner will complete quarterly MBE/WBE Utilization Form. 1.07 OUT -OF -STATE CONTRACTOR SURETY DEPOSIT A. When an out -of -state construction contractor enters into a Contract that exceeds $100,000, Minnesota law requires 8 percent of each payment made to be withheld as a surety deposit. The 8 percent payment is deposited with the Department of Revenue: 1. Contractor can apply for an exemption from Minnesota surety deposit requirements by filing Form SD -E, Exemption form Surety Deposits for Non - Minnesota Contractors. 000034 - 08209 -0 C: 2009 Bonestroo 00820 -2 FUNDING AGENCY REQUIREMENTS 2. If the Contractor is not exempt, Owner will withhold the surety deposit from each payment and forward those funds to the Minnesota Department of Revenue. 3. If the Contractor is exempt form the surety deposit requirements, provide the Owner with a copy of the form showing the Department of Revenue Department Certification. 1.08 EXECUTIVE ORDER 12549 A. Complete EPA Form 5700 -49- Certification Regarding Debarment, suspension, and Other Responsibility Matters and submit with Bid Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 ATTACHMENTS A. The following document are incorporated into this Section: 1. Clean Water Revolving Fund Drinking Water Revolving Fund Contract Packet. 3.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in TOTAL BASE BID. END OF DOCUMENT 000034 - 08209 -0 G 2009 Bonestroo 00820 -3 FUNDING AGENCY REQUIREMENTS This Page Left Blank Intentionally # # N uthority Clean Water Revolving Fund Drinking Water Revolving Fund This packet lists required contract conditions that apply to all Clean Water and Drinking Water Revolving Fund projects and contains forms that must be used in the procurement process. This packet must be physically included in all bidding and contract documents. CWRF /DWRF Contract Packet Pagel of 8 March 2009 This page intentionally left blank CWRF /DWRF Contract Packet Page 2 of 8 March 2009 Minnesota Public Facilities Authority Clean Water Revolving Fund Drinking Water Revolving Fund Required Contract Conditions This project is being financed in whole or in part by the Minnesota Public Facilities Authority through the Clean Water or Drinking Water Revolving Fund. The loan recipient is required to comply with the following federal and state laws, rules and regulations and must ensure that their contractor(s) also comply with these regulations, laws and rules. 1. Title VI of the Civil Rights Act of 1964 (P.L 88 -352), the Rehabilitation Act of 1973 (P.L. 93 -1123, 87 Stat. 355, 29 U.S.C. Sec. 794), the Older Americans Amendments of 1975 (P.L. 94 -135 Sec. 303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), and subsequent regulations, ensures access to facilities or programs regardless of race, color, national origin, sex, age or handicap. 2. Executive Orders 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations. Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Inclusion of the seven clauses in Section 202 of E. O. 11246 as amended by E. O. 11375 and 12086 are required in all project related contracts and subcontracts over $10,000. 3. Executive Orders 11625, 12138 and 12432; 40 CFR part 33; Section 129 of P. L. 100 -590 Small Businesses Reauthorization & Amendment Act of 1988; Public Law 102 -389 (42 U.S.C. 437d); a 1993 appropriations act ( "EPA's 8% statute "); Public Law 101 -549, Title X of the Clean Air Acts Amendments of 1990 (42 U.S.C. 7601 note) ( "EPA's 10% statute "). Encourages recipients to award construction, supply and professional service contracts to minority and women's business enterprises (MBE /WBE) and small businesses and requires recipients to utilize affirmative steps in procurement. 4. 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements 5. Executive Order 12549, 3 CFR, 189 and 40 CFR Part 32, Subparts B and C. Prohibits entering into contracts or sub - contracts with individuals or businesses who are debarred or suspended. Borrowers are required to check the status of all contractors (construction and professional services) and must require contractors to check the status of subcontractors for contracts expected to be equal to or over $25,000 via this Internet address: http: / /epls.arnet. )Zov / 6. Executive Order 13502, use of Project Labor Agreements for Federal Construction Projects. 7. Minnesota Statutes, Section 471.345, Uniform Municipal Contracting Law. CWRF /DWRF Contract Packet Page 3 of 8 March 2009 8. Minnesota Statutes, Section 574.26 to 574.32, the Public Contractors' Performance and Payment Bond Act, as applicable 9. Minnesota Statutes sections 176.181 - 176.182. Requires recipients and subcontractors to have worker's compensation insurance coverage. 10. Minnesota Statutes sections 177.41 - 177.43 (prevailing wage rate law). Requires that contractors pay laborers and mechanics prevailing wages established by the Minnesota Department of Labor and Industry for public works projects. 11. Minnesota Statutes 290.9705. Requires that 8 percent of payments made to out -of -state contractors be withheld once cumulative payments made to the contractor for work done in Minnesota exceed $50,000 in a calendar year, unless an exemption is granted by the Department of Revenue. 12. Minnesota Executive Order 08 -01 requiring use of E -verify for Newly Hired Employees in the Executive Branch and Requiring Certification of Compliance with Federal Immigration Laws for State Contract Vendors and Employers Receiving Business Subsidies. CWRF /DWRF Contract Packet Page 4 of 8 March 2009 Minnesota Public Facilities Authority Clean Water Revolving Fund Drinking Water Revolving Fund Equal Employment Inclusion of these seven clauses (excerpt from Executive Order No. 11246, Section 202 as amended by Executive Order 11375 and 12086) is required in all CWRF and DWRF project related contracts and subcontracts over $10,000: 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; layoff 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 contracting officer 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 he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, 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 No. 11246 of Sept. 24, 1965, and all of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of Sept. 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency 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 cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for CWRF /DWRF Contract Packet Page 5 of 8 March 2009 further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of Sept. 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. CWRF/DWRF Contract Packet Page 6 of 8 March 2009 Minnesota Public Facilities Authority Clean Water Revolving Fund Drinking Water Revolving Fund Disadvantaged Business Enterprises (DBE) Good Faith Efforts Borrowers and their prime contractors must follow, document, and maintain documentation of their good faith efforts as listed below to ensure that Disadvantage Business Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of procurement efforts and outreach. 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities; including placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms completing for large contracts could be subcontracted with DBEs. This will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 5. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U. S. Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the steps in numbers 1 through 5 above. Required Contract Conditions These conditions must be included in all procurement contracts entered into by the Borrower for all DWRF and CWRF projects: 1. The prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the owner. 2. The prime contractor must notify the owner in writing prior to the termination of any Disadvantage Business Enterprise subcontractor for convenience by the prime contractor. 3. If a Disadvantage Business Enterprise contractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts if soliciting a replacement contractor. 4. The prime contractor must employ the six good faith efforts even if the prime contractor has achieved its fair share objectives. CWRF /DWRF Contract Packet Page 7 of 8 March 2009 5. The prime contractor must provide EPA Form 6100 -2 DBE Program Subcontractor Participation Form to all of its Disadvantaged Business Enterprise subcontractors. Disadvantaged Business Enterprise subcontractors may send completed Form 6100 -2 directly to the Region 5 DBE Coordinator listed below. Adrianne M. Callahan, Region 5 MBE/WBE Coordinator USEPA, Acquisition and Assistance Branch 77 West Jackson Boulevard (MC -10J) Chicago, IL 60604 6. The prime contractor must have its Disadvantaged Business Enterprise subcontractors complete EPA Form 6100 -3 — DBE Program Subcontractor Performance Form. The prime contractor must include all completed forms as part of the prime contractor's bid or proposal package to the Borrower. 7. The prime contractor must complete and submit EPA 6100 -4 DBE Program Subcontractor Utilization Form as part of the prime contractor's bid or proposal package to the Borrower. 8. A Borrower must ensure that each procurement contract it awards contains the following terms and conditions: The contractor 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 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. 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 other legally available remedies. CWRF/DWRF Contract Packet Page 8 of 8 March 2009 Environmental �r4 I Protection Agency OMB Control No: 2090 -0030 Approved: 05/01 /2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form NAME OF SUBCONTRACTOR' PROJECT NAME ADDRESS CONTRACT NO. TELEPHONE NO EMAIL ADDRESS PRIME CONTRACTOR NAME Please use the space below to report any concerns regarding the above EPA - funded project (e.g, reason for termination by prime contractor, late payment, etc.). CONTRACT ITEM NO. ITEM OF WORK OR DESCRIPTION OF SERVICES RECEIVED FROM THE PRIME CONTRACTOR AMOUNT SUBCONTRACTOR WAS PAID BY PRIME CONTRACTOR Subcontractor Signature Title /Date 'Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100 -2 (DBE Subcontractor Participation Form) Environmental S I Protection Agency OMB Control No: 2090 -0030 Approved: 05/01/2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Participation Form to this address. EPA FORM 6100 -2 (DBE Subcontractor Participation Form) OMB Control No: 2090 -0030 Environmental Protection Agency Approved: 05/01/2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form NAME OF SUBCONTRACTORS PROJECT NAME ADDRESS BID/PROPOSAL NO. TELEPHONE NO. E -MAIL ADDRESS PRIME CONTRACTOR NAME CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRICE OF WORK ITEM NO. PRIME SUBMITTED TO PRIME CONTRACTOR Currently certified as an MBE or WBE under EPA's DBE Program? Yes No Signature of Prime Contractor Date Print Name Title Signature of Subcontractor Date Print Name Title Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100 -3 (DBE Subcontractor Performance Form) OMB Control No: 2090 -0030 AdIkk AFM Environmental �Z Protection Agency Approved: 05/01/2008 Approval Expires: 01/31/2011 Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Performance Form to this address. EPA FORM 6100 -3 (DBE Subcontractor Performance Form) OMB Control No: 2090 -0030 BID/PROPOSAL NO. PROJECT NAME NAME OF PRIME BIDDER/PROPOSER E -MAIL ADDRESS ADDRESS TELEPHONE NO. FAX NO. The following subcontractors) will be used on this project: COMPANY NAME, ADDRESS, PHONE TYPE OF WORK TO BE ESTIMATE CURRENTLY NUMBER, AND E -MAIL ADDRESS PERFORMED D DOLLAR CERTIFIED AMOUNT AS AN MBE OR WBE? I certify under penalty of perjury that the forgoing statements are true and correct. In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302(c). Signature of Prime Contractor Date Print Name Title 'Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100 -4 (DBE Subcontractor Utilization Form) Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen (15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed EPA DBE Subcontractor Utilization Form to this address. EPA FORM 6100 -4 (DBE Subcontractor Utilization Form) v,woEPA EPA Project Control Number United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or (b) 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, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) 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. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Date Signature of Authorized Representative =1 am unable to certify to the above statements. My explanation is attached. EPA FORM 5700 -49 (11 -88) This Page Left Blank Intentionally Bid Rigging 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 DOT's 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 LIMITATION ON USE OF CONTRACT FUNDS FOR LOBBYING Appendix C to Part - Contract Clause NEW RESTRICTIONS ON LOBBYING (a) Definitions. As used in this clause, "Agency ", as defined in 5 U.S.C. 552(f), includes Federal Executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). "Covered Federal action" means any of the following Federal actions: (1) The awarding of any Federal contract; (2) The making of any Federal grant; (3) The making of any Federal loan; (4) The entering into of any cooperative agreement; and, (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, load, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency" includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under title 5, U.S. Code, including a position under a temporary appointment; (2) A member of the uniformed services as defined in section 101(3). title 37, U.S. Code; (3) A special Government employee as defined in section 202, title 18, U.S. Code; and, (4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, U.S. Code appendix 2. Page 1 of 6 "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. "Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. "Recipient" includes all contractors and subcontractors at any tier in connection with a Federal contract. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi - State, regional, or interstate entity having governmental duties and powers. (b) Prohibition. (1) Section 1352 of title 31, U.S. Code provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: 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. (2) The prohibition does not apply as follows: (i) Agency and legislative liaison by Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (1) of this section, does not apply in the case of a payment of reasonable Page 2 of 6 compensation made to an officer or employee of a person requesting or receiving a Federal activities not directly related to a covered Federal action. (B) For purposes of paragraph (A) of this section, providing any information specifically requested by an agency or Congress is allowable at any time. (C) For purposes of paragraph (A) of this section, the following agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action: (i) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (ii) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (D) For purposes of paragraph (A) of this section, the following agency and legislative liaison activities are allowable only where they are prior to formal solicitation of any covered Federal action: (i) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (ii) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and, (iii) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95 -507 and other subsequent amendments. (E) Only those activities expressly authorized by paragraph (i) of this section are allowable under paragraph (i). (ii) Professional and Technical Services by Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (1) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract or an extension, continuation, renewal, amendment, or modification of a Federal contract if payment is for professional of technical services rendered directly in the preparation submission, or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. (B) For purposes of paragraph (A) of this section, "professional and technical services" shall be limited to advice and analysis directly Page 3 of 6 applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer), or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services, Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (D) Only those services expressly authorized by paragraph (ii) of this section are allowable under paragraph (ii). (iii) Reporting for Own Employees. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. (iv) Professional and technical services by Other than Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (1) of this section, does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. Page 4 of 6 (B) For purposes of paragraph (A) of this section, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (D) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (E) Only those services expressly authorized by paragraph (iv) of this section are allowable under paragraph (iv). (c) Disclosure. (1) Each person who requests or receives from an agency a Federal contract shall file with that agency a certification, set forth in , that the person has not made, and will not make, any payment prohibited by paragraph (b) of this clause. (2) Each person who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, Standard Form -LLL, "Disclosure of Lobbying Activities," if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (b) of this clause if paid for with appropriated funds. Page 5 of 6 (3) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraph (2) of this section. An event that materially affects the accuracy of this information reported includes: (i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (4) Any person who requests or receives from a person referred to in paragraph (1) of this section a subcontract exceeding $100,000 at any tier under a Federal contract shall file a certification, and a disclosure form, if required, to the next tier above. (5) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraph (1) of this section. That person shall forward all disclosure forms to the agency. (d) Agreement. In accepting any contract resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 of each such expenditure. (2) Any person who fails to file or amend the disclosure form to be filed or amended if required by this clause, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 or each such failure. (3) Contractors may rely without liability on the representations made by their subcontractors in the certification and disclosure form. (f) Cost allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 or the Federal Acquisition Regulation. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of Part 31 of the Federal Acquisition Regulation. (End of Clause) BILLING CODE 3110 -01 -M Page 6 of 6 STATE FUNDED CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION A - LABOR April 7, 2006 I. PREAMBLE Rev. 12/18/2006 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.' Therefore, the department shall administer this contract pursuant to the State of Minnesota Statutes and Rules, MN /DOT's Standard Specifications for Construction, MN/DOT's Contract Administration Manual, MN/DOT's State Aid Manual and applicable federal labor regulations. II. DEFINITIONS' A. Contract The written agreement between the contracting authority and the prime contractor setting forth their obligations, including, but not limited to, the performance of the work, the furnishing of labor and materials, the basis of payment, and other requirements contained in the contract documents. B. Contracting Authority The political subdivision, governmental body, board, department, commission, or officer making the award and execution of contract as the party of the first part. C. Contractor The term "contractor" in these provisions shall include the prime contractor, subcontractor, agent, or other person doing or contracting to do all or part of the work under this contract. D. Department The Department of Transportation of the State of Minnesota, or the political subdivision, governmental body, board, commission, office, department, division, or agency constituted for administration of the contract work within its jurisdiction. E. First Tier Subcontractor An individual, firm, corporation, or other entity to which the prime contractor sublets part of the contract. F. Independent Truck Owner /Operator (ITO) An individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the owner's services to an entity that provides construction services to a public works project. G. Laborer or Mechanic A worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications. H. Plan The plan, profiles, typical cross - sections, and supplemental drawings that show the locations, character, dimensions, and details of the work to be done. I. Prime Contractor The individual, firm, corporation, or other entity contracting for and undertaking prosecution of the prescribed work; the party of the second part to the contract, acting directly or through a duly authorized representative. J. Project The specific section of the highway, the location, or the type of work together with all appurtenances and construction to be performed under the contract. 1 Minnesota Statute 177.41 2 MN/DOT Standard Specifications for Construction, Section 1103 3 Minnesota Statute 177.44, Subdivision 1 " Minnesota Rules 5200.1106, Subpart 7(A) 5 Minnesota Rules 5200.1106, Subpart 5(A) 1 -A Rev. 12/18/2006 K. Second Tier Subcontractor An individual, firm, corporation, or other entity to which a first tier subcontractor sublets part of the contract. L. Special Provisions Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project. M. Specifications A general term applied to all directions, provisions, and requirements pertaining to performance of the work. N. Subcontractor An individual, firm, corporation, or other entity to which the prime contractor or subcontractor sublets part of the contract. O. 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. P. Trucking Broker An individual or business entity, the activities of which include, but are not limited to: contracting to provide trucking services in the construction industry to users of such services, contracting to obtain such services from providers of trucking services, dispatching the providers of the services to do work as required by the users of the services, receiving payment from the users in consideration of the trucking services provided and making payment to the providers for the services.' Q. Trucking Firm/Multiple Truck Owner (MTO) Any business entity that owns more than one vehicle and hires the vehicles out for services to brokers or contractors on public works projects. R. Work The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract upon the contractor. Also used to indicate the construction required or completed by the contractor. III. SCOPE — SPECIAL PROVISIONS DIVISION A & CONTRACT A. These provisions shall apply to this contract, which is funded in whole or part with state funds. B. These provisions shall apply to the prime contractor and all subcontractors contracting to do all or part of the work under this contract. C. The provisions established in this document do not necessarily represent all federal, state, and local laws, ordinances, rules and regulations. It is the responsibility of the prime contractor to inform itself and all subcontractors about other regulations that may be applicable to this contract. D. The prime contractor is responsible to ensure that each subcontractor performing work under this contract receives copies of all required contract provisions. These provisions shall be incorporated into written subcontracts and must be displayed on the poster board." E. The department shall administer this contract in accordance with all applicable state statutes and rules, 12 along with the plans, specifications and provisions, which are incorporated into and found elsewhere in this contract. F. An unpublished decision from the Minnesota Court of Appeals affirms the authority of the Minnesota Commissioner of Transportation to enforce the Minnesota Prevailing Wage Law on a case -by -case basis. 6 Minnesota Rules 5200.1106, Subpart 5(C) 7 Minnesota Rules 5200.1106, Subpart 7(C) 8 Minnesota Rules 5200.1106, Subpart 7(B) 9 Minnesota Statute 177.41 10 Minnesota Statute 177.44, Subdivision I 11 Minnesota Statute 177.44, Subdivision 5 12 Minnesota Rules 8820.3000, Subpart 2 " Minnesota Court of Appeals Case Number: C6 -97 -1582 2 -A G. For additional information refer to: www.dot.state.mn.us /const /labor / . 1V. PAYROLLS AND STATEMENTS Rev. 12/18/2006 A. All contractors shall submit a payroll statement to the department. 14 The statement shall be submitted based on the contractor's payment schedule. If a contractor pays its employees weekly, a payroll statement shall be submitted weekly. If a contractor pays its employees biweekly, a payroll statement shall be submitted biweekly. 15 All contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer. 16 Each statement submitted shall include all employees that performed work under this contract and provide at a minimum the following informationa 1. Contractor's name, address, and telephone number. 2. State project number. 3. Payroll report number. 4. Project location. 5. Workweek ending date. 6. Name, social security number, and home address for each employee. 7. Labor classification(s) and /or three -digit code for each employee. 8. Hourly straight time and overtime wage rates paid to each employee. 9. Daily and weekly hours worked in each labor classification, including overtime hours for each employee. 10. Authorized legal deductions for each employee. 11. Project gross amount, weekly gross amount and net wages paid to each employee. B. Payroll records may be submitted in any form provided it includes all the information contained in Subpart A (1 - 11) of this section. However, contractors needing a payroll form may utilize the "front side" of the U.S. Department of Labor's, WH -347 - Payroll Form. This form is available by visiting the Labor Compliance website. C. All payroll records must be accompanied with a completed and signed MN/DOT, 21658 - Statement of Compliance Form. 19 D. The prime contractor is responsible for assuring that its payroll records and those of all subcontractors include all employees that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay and classification of work performed. E. The prime contractor is responsible to maintain all certified payroll records, including those of all subcontractors, throughout the course of a construction project and retain all records for a period of three years after the final contract voucher has been issued. 21 F. At the end of each pay period, each contractor shall provide every employee, in writing, an accurate, detailed earnings statement. 14 Minnesota Statute 177.44, Subdivision 7 15 Mn/DOT Contract Administration Manual, Section .320 16 Minnesota Statute 18 1. 10 17 Minnesota Rules 5200. 1106, Subpart 10 and Minnesota Statute 177.30 18 www.dot.state.mn.us /const/labor/ 19 Minnesota Rules 5200.1106, Subpart 10 20 Minnesota Statute 177.30(1)(2)(3)(4) 21 Minnesota Statute 177.30(4) 22 Minnesota Statute 181.032 3 -A Rev. 12/18/2006 G. Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department, the prime contractor shall promptly furnish copies of payroll records for its workers and those of all subcontractors, along with other records, deemed appropriate by the requesting agency to determine compliance with these contract provisions . 23 H. At the department's discretion, the project engineer may administer the submission of payroll records according to MN/DOT's Payroll Maintenance Program. The guidelines for the implementation and administration of this program are outlined in the MN/DOT Contract Administration Manual, Section A(4)(d). I. If, after written notice, the prime contractor fails to submit its payroll reports and certification forms and those of any subcontractor, the department may implement the actions prescribed in section XVI (NON- COMPLIANCE AND ENFORCEMENT). V. WAGE RATES A. The prime contractor is responsible to ensure that its workers and those of all subcontractors are compensated according to the MN/DLI state prevailing wage determination(s) incorporated into and found elsewhere in this contract. All contractors shall pay each worker the required minimum total hourly wage rate for all hours worked on the project and for the appropriate classification of labor. 1. State highway and heavy wage determinations are issued for ten separate regions throughout the state of Minnesota. If the contract work is located in more than one region, the applicable wage decision for each region shall be incorporated into and found elsewhere in this contract. If this contract contains multiple state highway and heavy wage determinations, there shall be only one standard of hours of labor and wage rates. 24 2. State commercial wage determinations are issued for each county throughout the state of Minnesota. If the contract work is located in more than one county, the applicable wage determination for each county shall be incorporated into and found elsewhere in this contract. If this contract contains multiple state commercial wage determinations, there shall be only one standard of hours of labor and wage rates .25 B. Wage rates listed in the state wage determination(s) contain two components: the hourly basic rate and the fringe rate; together they equal the total prevailing wage rate. A contractor shall compensate a worker at a minimum, a combination of cash and fringe benefits equaling the total prevailing wage rate. C. The applicable certified wage decision(s) incorporated into and found elsewhere in this contract remain in effect for the life of this contract. The wage decision(s) do not necessarily represent the workforce that can be obtained at the rates certified by the MN/DLI. It is the responsibility of the prime contractor and any subcontractor to inform themselves about local labor conditions and prospective changes or adjustments to the wage rates. No increase in the contract price shall be allowed or authorized due to wage rates that exceed those incorporated into this contract. D. A contractor shall not reduce a worker's private, regular rate of pay when the wage rate certified by the MN /DLI is less than the worker's normal hourly wage. E. From the time a worker is required to report for duty at the project site until the worker is allowed to leave the site, no deductions shall be made from the worker's hours for any delays of less than twenty consecutive minutes. 23 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 24 Minnesota Statute 177.44, Subdivision 4 25 Minnesota Statute 177.44, Subdivision 4 26 Minnesota Statute 177.42, Subdivision 6 27 Minnesota Statute 181.03, Subdivision 1(2) 28 Minnesota Rules 5200.0120,Subpart 1 4 -A Rev. 12/18/2006 F. In situations where a delay may exceed twenty consecutive minutes and the contractor requires a worker to remain on the premises or so close to the premises that the worker cannot use the time effectively for the worker's own purposes, the worker is considered "on-call ,29 and shall be compensated in accordance with Subpart B of this section, unless the worker is allowed or required to leave the project site. G. A contractor making payment to an employee, laborer, mechanic, worker, or truck owner - operator shall not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid . 30 H. Any employee who knowingly permits a contractor to pay less than the total prevailing wage or gives up any part of the compensation to which the employee is entitled may be subject to penalties. VI. BONA FIDE FRINGE BENEFITS A. A "funded" fringe benefit plan is one that allows the contractor to make irrevocable contributions on behalf of an employee to a financially responsible trustee, third person, fund, plan or program, without prior approval from the U.S. Department of Labor. Types of "funded" fringe benefits may include, but are not limited to: pension, health and life insurance. B. An "unfunded" fringe benefit plan or program is one that allows the contractor to furnish an in -house benefit on behalf of an employee. The cost to provide the benefit is funded from the contractor's general assets rather than funded by contributions made to a trustee, third person, fund, plan or program. Types of "unfunded" fringe benefits may include, but are not limited to: holiday plans, vacation plans and sick plans. 33 C. Credit toward the total prevailing wage rate shall be determined for each individual employee and is allowed for bona fide fringe benefits that:" 1. include contributions irrevocably made by a contractor on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program; 2. are legally enforceable; 3. have been communicated in writing to the employee; and 4. are made available to the employee once he /she has met all eligibility requirements. D. No credit shall be allowed for benefits required by federal, state or local law, such as: worker's compensation, unemployment compensation, and social security contributions. 35 E. Upon request from the Minnesota Department of Labor and Industry (MN /DLI) or the Department, the prime contractor shall promptly furnish copies of fringe benefit records for its workers and those of all subcontractors, along with other records, deemed appropriate by the requesting agency to determine compliance with these contract provisions . 36 F. In addition to the requirements set forth in Subpart C of this section, it is the responsibility of the prime contractor and any subcontractor to inform themselves about other federal and state fringe benefit regulations that may be applicable to this contract. 29 Minnesota Rules 5200.0120, Subpart 2 30 Minnesota Rules 5200.1106, Subpart 6 31 Minnesota Statute 177.44, Subdivision 6 32 29 CFR Parts 5.26 and 5.27 33 29 CFR Part 5.28 34 29 CFR Part 5.23 " 29 CFR Part 5.29(f) 36 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 5 -A Rev. 12/18/2006 G. Contractors shall submit a completed and signed MN/DOT, 21658 - Statement of Compliance Form, identifying any fringe contributions made on behalf of a worker. The form must be submitted in accordance with section IV (PAYROLLS AND STATEMENTS), Subparts A and C. H. Pursuant with Minnesota Statute 181.74, Subdivision 1, a contractor that is obligated to deposit fringe benefit contributions on behalf of its employees into a financially responsible trustee, third person, fund, plan, or program and fails to make timely contributions may be guilty of a gross misdemeanor. A contractor found in violation of the above - mentioned statute shall compel the department to take such actions as prescribed in section XVI, (NON- COMPLIANCE AND ENFORCEMENT). VII. OVERTIME A. A contractor shall not permit or require a worker to work longer than the prevailing hours of labor unless the worker is paid for all hours in excess of the prevailing hours at a rate of at least 1 -1/2 times the hourly basic hourly rate of pay. 38 The prevailing hours of labor is defined as not more than 8 hours per day or more than 40 hours per week. B. In addition to the requirements set forth in Subpart A of this section, it is the responsibility of the prime contractor and any subcontractor to inform themselves about other federal and state overtime regulations that may be applicable to this contract. VIII. LABOR CLASSIFICATIONS All contractors shall refer to the state wage determination(s) incorporated into and found elsewhere in this contract or the Master Job Classification List to obtain an applicable job classification. If a contractor cannot determine an appropriate job classification, state law requires that the worker be assigned a job classification that is the "same or most similar". 41 Contractors needing clarification shall contact MN/DLI or the MN/DOT Labor Compliance Unit at (651) 246 -6503. IX. INDEPENDENT CONTRACTORS, OWNERS, SUPERVISORS AND FOREMAN A. An independent contractor performing work as a laborer or mechanic is subject to the contract prevailing wage requirements for the classification of work performed and shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). In order to ensure compliance, the department may examine the subcontract agreement to determine if the bid price submitted covers the applicable prevailing wage rate for the number of hours worked, along with other records, deemed appropriate by the department 43 B. Pursuant with state regulations, owners, supervisors and foreman performing work under the contract shall be compensated in accordance with section V (WAGE RATES). Furthermore, the prime contractor and any subcontractor shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). 37 Minnesota Rules 5200.1106, Subpart 10 38 Minnesota Statute 177.44, Subdivision 1 39 Minnesota Statute 177.42, Subdivision 4 40 Minnesota Rules 5200.1100 41 Minnesota Statute 177.44, Subdivision 1 42 24 CFR Part 5.2(o) and Minnesota Statute 177.41 43 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 44 Minnesota Statute 177.44, Subdivision 1 6 -A Rev. 12/18/2006 X. APPRENTICES, TRAINEES AND HELPERS A. An apprentice is not subject to the state wage decision(s) incorporated into and found elsewhere in this contract, provided the contractor can demonstrate compliance with Subparts (1- 4) of this section: 45 l . The apprentice is performing the work of his /her trade. 2. The apprentice is registered with the U.S. DOL Bureau of Apprenticeship and Training or MN/DLI Division of Voluntary Apprenticeship. 3. The apprentice is compensated according to the rate specified in the program for the level of progress. 4. The ratio of apprentices to journeyman workers on the project is not greater than the ratio permitted for the contractor's entire work force under the registered program. B. If a contractor fails to demonstrate compliance with the terms established in Subpart A (1— 4) of this section, the contractor shall compensate the worker not less than the applicable total prevailing wage rate for the actual work perfonned. C. A trainee and a helper are not exempt under state law; the contractor shall assign the trainee or helper a job classification that is the "same or most similar " and compensate the trainee or helper for the actual work performed regardless of the trainee's or helper's skill level. XI. SUBCONTRACTING PART OF THIS CONTRACT 49 A. If the prime contractor intends to sublet any portion of this contract, it shall complete and submit a MN /DOT, TP- 21834, Request To Sublet Form to the project engineer 10 days prior to the first day of work for any subcontractor. B. The prime contractor shall not subcontract any portion of this contract without prior written consent from the project engineer. C. The prime contractor's organization shall perform work amounting to not less than 40 percent of the total original contract cost. However, contracts with Disadvantaged Business Enterprise (DBE) or Targeted Group Business (TGB) established goals, or both, the contractor's organization shall perform work amounting to not less than 30 percent of the total original contract cost. D. A first tier subcontractor shall not subcontract any portion of its work under this contract unless approved by the prime contractor and the project engineer. In addition, a first tier subcontractor may only subcontract up to 50% of its original subcontract. E. A second tier subcontractor shall not subcontract any portion of its work under this contract. F. Written consent to subcontract any portion of this contract does not relieve the prime contractor of liabilities and obligations under the contract and bonds. G. Contractors shall not subcontract with or purchase materials or services from a debarred or suspended person. XII. POSTER BOARDS A. The prime contractor shall construct and display a poster board, which contains all required posters, is complete, accurate, legible and accessible to all workers from the first day of work q5 Minnesota Rules 5200.1070 46 MN /DOLI Division of Apprenticeship — April 6, 1995 Memorandum from Jerry Briggs, Director 47 Minnesota Rules 5200.1070, Subpart 3 48 Minnesota Statute 177.44, Subdivision 1 49 MN /DOT Standard Specifications for Construction, Section 1801 50 Minnesota Statute 161.315, Subdivision 3(3) 7 -A Rev. 12/18/2006 until the project is 100 percent complete. The prime contractor is not allowed to place a poster board at an off -site location. B. The prime contractor can obtain the required posters by contacting MN /DOT at (651) 366 -3091. The prime contractor will need to furnish its name, mailing address, the type of posters (state -aid) and the quantity needed. C. Refer to the poster board section of the Labor Compliance website to obtain applicable contact information for each poster. The link to the website can be found in section III (SCOPE — SPECIAL PROVISIONS DIVISION A & CONTRACT), Subpart G of these provisions. XIII. EMPLOYEE INTERVIEWS At any time the prime contractor shall permit representatives from MN/DLI or the Department to interview its workers and those of any subcontractor during working hours on the project." XIV. TRUCKING / OFF -SITE FACILITIES A. The prime contractor is responsible to ensure that its workers and those of all subcontractors, are compensated in accordance with the state wage determination(s) incorporated into and found elsewhere in this contract for the following work duties: 1. The processing or manufacturing of material, including the hauling of material to and from a prime contractor's material operation that is not a separate commercial establishment. 2. The processing or manufacturing of material, including the hauling of material to and from an off -site material operation that is not considered a commercial establishment. 54 3. 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. 4. The delivery of materials from a non - commercial establishment to the project and the return haul . 16 5. 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. 6. 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. 7. The delivery of mineral aggregate materials from a commercial establishment, which is deposited "substantially in place" and the return haul, either empty or loaded. B. The work duties prescribed in Subpart A (1 - 7) of this section do not represent all possible hauling activities and /or other work duties that may be performed under this contract. It is the responsibility of the prime contractor to inform itself and all subcontractors about other applicable job duties that maybe subject to the contract labor provisions. Refer to the Labor Compliance website for additional information regarding trucking regulations. 51 Minnesota Statute 177.44, Subdivision 5 52 MN /DOT Standard Specifications for Construction, Section 1511 53 ALJ Findings of Fact, Conclusions of Law, and Recommendation, Conclusions (7), Case #12- 3000 - 11993 -2 S4 Minnesota Rules 5200.1106, Subpart 313(2) 55 Minnesota Rules 5200.1106, Subpart 313(1) 56 Minnesota Rules 5200.1106, Subpart 313(2) 57 Minnesota Rules 5200.1106, Subpart 313(3) 58 Minnesota Rules 5200.1106, Subpart 313(4) 59 Minnesota Rules 5200.1106, Subpart 3B(5)(6) 8 -A Rev. 12/18/2006 C. A contractor acquiring trucking services from an ITO, MTO and /or Truck Broker to perform and /or provide "covered" hauling activities shall comply with the payment of the certified state truck rental rates, which are incorporated into and found elsewhere in this contract. D. Each month, in which hauling activities were performed under this contract, the prime contractor and all subcontractors shall submit a MN/DOT, TP -90550 - Month -End Trucking Report and MN/DOT, TP -90551 - Statement of Compliance Form, along with each ITOs, MTOs and /or Truck Brokers reports to the department .6 1 The specifications regarding the dates for submission can be found near the bottom of the MN/DOT, TP -90551 - Statement of Compliance Form. E. A Truck Broker contracting to provide trucking services in the construction industry may charge a reasonable broker fee to the provider of trucking services. The prime contractor and any subcontractor contracting to receive trucking services shall not assess a broker fee. F. A contractor with employee truck drivers shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). G. If after written notice, the prime contractor fails to submit its month -end trucking reports and certification forms and those of any subcontractor, MTO and /or Truck Broker, the department may take such actions as prescribed in section XVI, (NON- COMPLIANCE AND ENFORCEMENT). XV. CHILD LABOR A. Except as permitted under Subpart B of this section, no worker under the age of 18 is allowed to perform work on construction projects. B. In accordance with state law, a worker under the age of 18, employed in a corporation totally owned by one or both parents that is supervised by the parent(s), may perform work on construction projects. However, if this contractor is subject to the federal Fair Labor Standards Act, a worker under the age of 18 is not allowed to perform work in a hazardous occupation. C. To protect the interests of the department, the project engineer may remove a worker that appears to be under the age of 18 from the construction project until the contractor or worker can demonstrate proof of age 66 and compliance with all applicable federal and /or state regulations. XVI. NON - COMPLIANCE AND ENFORCEMENT A. The prime contractor shall be liable for any unpaid wages to its workers or those of any subcontractor, ITO, MTO and /or Truck Broker. B. If it is determined that a contractor has violated the state prevailing wage law, or any portion of this contract, the department after written notice, may implement one or more of the following sanctions: 1. Withhold or cause to be withheld from the prime contractor such amounts in considerations or assessments against the prime contractor, whether arising from this contract or other contract with the department. 60 Minnesota Rules 5200.1106, Subpart 1 61 Minnesota Rules 5200.1106, Subpart 10 62 Minnesota Rules 5200.1106, Subpart 7(C) 63 Minnesota Rules 5200.0910, Subpart F 64 Minnesota Rules 5200.0930, Subpart 4 6s 29 CFR Part 570.2(a)(ii) 66 Minnesota Statute 181A.06, Subdivision 4 67 MN /DOT Standard Specifications for Construction, Section 1701 " MN /DOT Standard Specifications for Construction, Section 1801 69 MN /DOT Standard Specifications for Construction, Section 1906 9 -A Rev. 12/18/2006 2. The department may reject a bid from a prime contractor that has demonstrated continued or persistent noncompliance with the prevailing wage law on previous or current contracts with the department. 3. The department may take the prosecution of the work out of the hands of the prime contractor, place the contractor in default and terminate this contract for failure to demonstrate compliance with these provisions." C. Any contractor who violates the state prevailing wage law is guilty of a misdemeanor and may be fined not more than $300 or imprisoned not more than 90 days or both. Each day that the violation continues is a separate offense. D. All required documents and certification reports are legal documents; willful falsification of the documents may result in civil action and /or criminal prosecution 73 and may be grounds for debarment proceedings. 70 Minnesota Statute 161.32, Subdivision I(d) 71 MN /DOT Standard Specifications for Construction, Section 1808 72 Minnesota Statute 177.44, Subdivision 6 73 Minnesota Statutes 16B, 161.315, Subdivision 2, 177.43, Subdivision 5 177.44, Subdivision 6, 609.63 74 Minnesota Statute 161.315 and Minnesota Statute 609.63 10 -A GENERAL DECISION: MO2008006I 08/I4/2009 M061 Date: August 14, 2009 General Decision Number: MO2008006I 08/I4/2009 Superseded General Decision Number: MN20070061 State: Minnesota Construction Types: Heavy (Heavy, Sewer and Water Line and Treatment Plant) Counties: Anoka, Benton, Carver, Chioago, Clay, Dakota, Hennepin, Houston, Isaoti, Olmsted, Polk, Ramsey, Scott, Sherburne, St Louis, Stearns, Washington and Wright Counties in Minnesota. TREATMENT PLANTS, HEAVY, SEWER a WATER LINES Modification Number 0 I 2 ] 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 ASBE0034-006 06/0I/2009 Publication Date O2/O8/2OO8 O4/O4/2008 O5/O2/2V08 O5/I6/2008 05/3O/20O8 O6/I3/2O08 O7/II/2008 O8/08/2008 O9/O5/2008 IO/03/20O8 IU/3I/20OR lI/l4/2OO8 l2/I9/20O8 OI/l6/2OO9 O2/l3/2O09 O3/27/2OOg O5/Ol/20O9 06/l2/2OO9 06/26/2OO9 O7/O3/20O9 07/I7/20O9 08/07/2009 08/I4/2OO9 Am0KA, BEmY0m, CARVER, CHzSAGO, DAKOTA, BEN0EgI0, HOUSTON, zSAmTz, DLMSTEo, BAMSEx, SCOTT, SHEBBURmE, 3TEAR0S, waSHzmGTV0 u WRIGHT COUNTIES Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings a finishes to all types of mechanical systems) ..... ¢ 39,19 17.82 ---------------------------------------------------------------- http://frwebgate.access.gi3o.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=N4N200 8/17/2009 ASBE0049 -005 06/01/2009 ST. LOUIS COUNTY Rates Fringes Asbestos Workers /Insulator (Includes application of all insulating materials, protective coverings, coatings & finishes to all types of mechanical systems) ..... $ 35.81 13.80 ASBE0133 -002 07/01/2009 CLAY & POLK COUNTIES Rates Fringes ASBESTOS WORKER /HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) ..............$ 28.17 10.90 ASBE0205 -011 05/01/1998 ANOKA, BENTON, CARVER, CHISAGO, DAKOTA, HENNEPIN, HOUSTON, ISANTI, OLMSTED, RAMSEY, SCOTT, SHERBURNE, ST. LOUIS, STEARNS, WASHINGTON & WRIGHT COUNTIES Rates Fringes Asbestos Removal worker /hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 18.21 3.30 BOIL0647 -004 07/01/2009 Rates Fringes BOILERMAKER ......................$ 32.59 18.53 ---------------------------------------------------------------- BRMN0001 -026 05/01/2009 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE (City of Elk River), WASHINGTON & WRIGHT COUNTIES Rates Fringes http: / /frwebgate. access. gpo. gov /cgi- bin/getdoc.cgi ?dbname= Davis - Bacon &docid =MN200... 8/17/2009 Bricklayer, Stonemason ........... $ 34.39 14.65 ---------------------------------------------------------------- BRMN0001 -027 05/01/2009 BENTON, SHERBURNE (Excluding city of Elk River) & STEARNS COUNTIES Rates Fringes BRICKLAYER Bricklayer, Blocklayer, Stonemason ..................$ 32.90 14.65 ---------------------------------------------------------------- BRMN0001 -028 05/01/2009 Treatment Plants BENTON & STEARNS COUNTIES Rates Fringes CEMENT MASON /CONCRETE FINISHER Benton & Stearns Counties ... $ 32.75 14.35 PLASTERER Stearns County ..............$ 32.75 14.35 ---------------------------------------------------------------- BRMN0001 -029 05/01/2009 ANOKA, BENTON, CARVER, CHISAGO, CLAY, DAKOTA, HENNEPIN, HOUSTON, ISANTI, POLK, RAMSEY, SCOTT, SHERBURNE, ST. LOUIS (Excluding Duluth and south of Township Line 55), STEARNS, WASHINGTON & WRIGHT COUNTIES Rates Fringes TILE FINISHER ....................$ 26.80 14.49 TILE SETTER ......................$ 30.58 17.95 ---------------------------------------------------------------- BRMN0001 -031 05/01/2009 Rates Fringes MARBLE SETTER ....................$ 34.14 14.65 ---------------------------------------------------------------- BRMN0001 -036 05/01/2009 Rates Fringes TERRAZZO WORKER /SETTER Base Machine ................$ 32.94 14.55 Finisher ....................$ 32.61 14.55 Mechanic ....................$ 34.56 14.55 ---------------------------------------------------------------- BRMN0003 -005 05/01/2009 ST. LOUIS (South of a line between Townships #54 & #55, 2 miles north of Cotton) COUNTY Rates Fringes http: / /frwebRate.access.g jzov /cRi- binlgetdoc.cgi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 BRICKLAYER ....................... $ 30.29 17'95 ________________________________________________________________ BnMN0003-006 05/01/2008 ST. LOUIS COUNTY (3. of a line between Townships 54 a 55 (2 miles north of Cotton) Rates Fringes Tile Layer ....................... $ 24.13 17.38 ________________________________________________________________ B8MN0007-003 05/0I/2009 HOUSTON COUNTY Bates Fringes BRICKLAYER Bricklayer, Blooklayer, Caulker, Cleaner, Pointer, Stonemason .................. $ 33.54 14.50 ---------------------------------------------------------------- BRMN0008-005 06/0I/2008 OLMSTED COUNTY Bates Fringes TILE FINISHER .................... $ 22.70 0.20 Tile Layer ....................... $ 33.21 1.70 ________________________________________________________________ BRMN0008-008 05/01/2009 OLMSTED COUNTY Rates Fringes BRICKLAYER Bricklayer, Caulker, Cleaner, Pointer, Stonemason .................. $ 33.54 14.50 ---------------------------------------------------------------- BRMN00I5-008 05/0I/2009 CLAY AND POLK COUINTIES Rates Fringes BRICKLAYER ....................... $ 30.20 14.30 ________________________________________________________________ BBMN00I5-009 05/01/2009 CLAY COUNTY Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 28.75 I4.30 IJ'20 ________________________________________________________________ http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=MN200 8/17/2009 BRMN0016 -003 05/01/2008 ST. LOUIS (North of a line between Townships #54 & #55, 2 miles north of Cotton) COUNTY Rates Fringes BRICKLAYER .......................$ 29.79 16.85 ---------------------------------------------------------------- * CARP0087 -006 05/01/2009 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE (Excluding St. Cloud & extending 5 miles beyond the city limits of St. Cloud), WASHINGTON & WRIGHT COUNTIES Rates Fringes CARPENTER (Treatment Plants) Carpenter, Insulator, Piledriverman ...............$ 31.79 16.10 ---------------------------------------------------------------- * CARP0087 -012 05/01/2009 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE, WASHINGTON, AND WRIGHT COUNTIES Rates Fringes Carpenter & Piledrivermen (Heavy, Sewer & Water Lines) ..... $ 31.37 16.10 ---------------------------------------------------------------- * CARP0190 -007 06/01/2009 ANOKA, BENTON, CARVER, CHISAGO, CLAY, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE, STEARNS, WASHINGTON & WRIGHT COUNTIES Rates Fringes LATHER ...........................$ 33.04 14.87 ---------------------------------------------------------------- * CARP0190 -009 06/01/2009 HOUSTON AND OLMSTED COUNTIES Rates Fringes LATHER ...........................$ 27.27 13.91 ---------------------------------------------------------------- CARP0361 -007 05/01/2008 ST. LOUIS COUNTY(Alborn, Arnold, Bartlett, Birch, Brookstone, Canyon, Clinton, Culver, Duluth, Floodwood, Gowan, Island, Kelsey, Lakewood, Meadowlands, Munger, Palmers, Payne, Prasit, Shaw & Taft) Rates Fringes CARPENTER (Treatment Plants) ..... $ 26.35 13.55 ---------------------------------------------------------- - - - - -- http: / /frwebgate. access .gpo.gov /cgi- bin/getdoc.egi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 CARP0361 -010 05/01/2008 POLK & ST. LOUIS COUNTIES Rates Fringes LATHER ...........................$ 26.63 13.55 ---------------------------------------------------------------- CARP0361 -013 05/01/2001 ST. LOUIS (Alborn, Arnold, Bartlett, Birch, Brookstone, Canyon, Clinton, Culver, Duluth, Floodwood, Gowan, Island, Kelsey, Lakewood, Meadowlands, Munger, Palmers, Payne, Prasit, Shaw & Taft) COUNTY Rates Fringes CARPENTER Soft Floor Layer ............ $ 19.73 9.91 ---------------------------------------------------------------- CARP0361 -020 05/01/2008 HEAVY, SEWER & WATER LINES ST LOUIS COUNTY (Southern 1/3 including Cotton, Floodwood, Fond Du Lac, and Proctor) Rates Fringes Carpenter & Piledrivermen ........ $ 29.77 13.40 ---------------------------------------------------------------- CARP0361 -021 05/01/2008 HEAVY, SEWER & WATER LINES ST LOUIS COUNTY (Duluth) Rates Fringes Carpenter & Piledrivermen ........ $ 30.17 13.40 ---------------------------------------------------------------- CARP0548 -006 05/01/2008 ANOKA, BENTON, CARVER, CHISAGO, CLAY (Moorhead & up to 5 miles radius), DAKOTA, HENNEPIN, HOUSTON, ISANTI, OLMSTED, POLK (East Grand Forks & up to 5 miles radius), RAMSEY, SCOTT, SHERBURNE, STEARNS, WASHINGTON & WRIGHT COUNTIES Rates Fringes MILLWRIGHT .......................$ 33.26 14.36 ---------------------------------------------------------------- CARP0596 -004 06/01/2008 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE (E. of Hwy #169, inclu. Zimmerman, Big Lake & Elk River), WASHINGTON & WRIGHT (S. of Hwy #12, inclu. Cokato, Buffalo & Monticello) COUNTIES Rates Fringes http: / /frwebgate. access. gpo .gov /cgi- binlgetdoc.cgi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 SOFT FLOOR LAYER .................$ 30.35 14.42 ---------------------------------------------------------------- * CARP0606 -003 05/01/2009 CLAY AND POLK COUNTIES Rates Fringes Carpenter & Piledrivermen (Heavy, Sewer, and Water Lines ) ...........................$ 23.35 13.69 ---------------------------------------------------------------- CARP0606 -004 05/01/2008 ST. LOUIS COUNTY (Excluding Alborn, Arnold, Bartlett, Birch, Brookstone, Canyon, Clinton, Culver, Duluth, Floodwood, Gowan, Island, Kelsey, Lakewood, Meadowlands, Munger, Palmers, Payne, Prasit, Shaw & Taft) Rates Fringes CARPENTER (Treatment Plants) Carpenter, Piledriverman .... $ 25.70 12.44 ---------------------------------------------------------------- CARP0606 -006 05/01/2008 POLK COUNTY (Excluding East Grand Forks and an area 5 miles outside city limits) Rates Fringes Carpenter & Piledrivermen (Treatment Plants) ...............$ 21.82 11.98 ---------------------------------------------------------------- CARP0606 -010 05/01/2007 ST LOUIS COUNTY (Northeast 2/3 including Cook, Cusson, Ely; and Western part including Chisholm, Greaney, and Orr) Rates Fringes Carpenter & Piledrivermen (Heavy, Sewer, and Water Lines ) ...........................$ 30.23 12.94 ---------------------------------------------------------------- * CARP0930 -002 05/01/2009 BENTON AND STEARNS COUNTIES Rates Fringes Carpenter & Piledrivermen (Heavy, Sewer & Water Lines) ..... $ 25.53 16.02 ---------------------------------------------------------------- * CARP0930 -004 05/01/2009 BENTON, SHERBURNE (Extreme NW portion, Including St. Cloud & extending 5 miles beyond the city limits of St. Cloud) & STEARNS COUNTIES httP://frwebgate. access. gpo. gov /cgi- bin/getdoc.cgi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 Rates Fringes Carpenter & Piledrivermen (Treatment Plants) ...............$ 23.08 15.61 ---------------------------------------------------------------- CARP1176 -002 05/01/2007 CLAY COUNTY (City of Moorhead & a radius of 5 miles NE & South of the city limits) & POLK COUNTY (East Grand Forks & an area 5 miles outside city limits) Rates Fringes CARPENTER (Treatment Plants) ..... $ 18.42 8.50 ---------------------------------------------------------------- CARP1348 -003 05/01/2008 CLAY (Excluding Moorhead & up to 5 miles radius), POLK (Excluding East Grand Forks & up to 5 miles radius) & ST. LOUIS COUNTIES Rates Fringes MILLWRIGHT (Treatment Plants) .... $ 28.60 12.50 ---------------------------------------------------------------- * CARP1382 -004 05/01/2009 HOUSTON & OLMSTED COUNTIES Rates Fringes Carpenter & Piledrivermen (Treatment Plants) ...............$ 25.70 15.21 ---------------------------------------------------------------- CARP1382 -016 05/01/2008 HOUSTON AND OLMSTED COUNTIES Rates Fringes Carpenter & Piledrivermen (Heavy, Sewer, and Water Lines ) ...........................$ 27.53 12.64 ---------------------------------------------------------------- * ELECO110 -010 05/01/2009 ANOKA (Except Anoka & Fridley Townships & the cities of Andover, Anoka, Columbia Heights, Coon Rapids, Fridley, Hilltop, Ramsey & Spring Lake Park), CHISAGO, DAKOTA, ISANTI, RAMSEY, SHERBURNE (East of Becker & Santiago Townships) & WASHINGTON COUNTIES Rates Fringes ELECTRICIAN ......................$ 34.60 3a +19.18 * ELECO110 -011 03/01/2009 Rates Fringes http: / /frweb2ate.access. am izov /cai- bin/Retdoc.cai ?dbname= Davis - Bacon &docid= MN20O... 8/17/2009 -`=- -- - Communications System (SOUND, SIGNAL a COMMUNICATIONS WORK) Installer (Excluding Controller Work) ............ $ 21.68 10.48+a,b Technician (Installation of Controller Only) '..'.'.'.$ 30.98 12.I8+a,b FOOTNOTES: a. I year's service - 5 days' paid vacation; - 10 days' paid vacation; 5 years' service - vacation; 7 years' service - 14 days' paid v years' service - 16 days' paid vacation; II - 18 days' paid vacation; 12 years' service vacation 2 years' service 12 days' paid acatiou/ 9 years' service - 20 days' paid b. 8 Paid Holidays: New r*az'o Day; Memorial Day; 4th of July; Labor Day; Thanksgiving Day/ Day After Thanksgiving; the normal work day preceding Christmas Day/ a Christmas Day ________________________________________________________________ ELEC0I60-002 04/0I/2007 Rates Fringes Line Construction (1)Lineman; Cable Splicer; Dynamiter; Special Equipment Operator; & Technician .................. $ 32.27 4.75+29% (2) Equipment Operator ...... $ 27.75 4.75+29% (3) Gronutboau/Tzonk Driver; a Pole Treating Truck Driver ................ $ 22.59 4.75+29% (4) Grooudmau ............... $ 21.62 4.75+29% LINE CLEARANCE: (5) Tree Trimmer; zraotor..$ 20.09 4.75+29% (6) Gr000dmau/Tzock ozivez.$ 14.06 4.75+29% (7) Gznoodmao .............. $ 13.06 4'75+29% ---------------------------------------------------------------- ELECO242-007 05/31/2009 3r. LOUIS C0DmzY (South part bounded on the north by the north lima of Kelsey Township extended east a west) Rates Fringes ELECTRICIAN ...................... $ 31.24 63'5% ---------------------------------------------------------------- ° ELECO292-006 05/0I/2009 ANOKA (Andover, Anoka, Columbia Heights, Coon Rapids, Fridley, Hilltop, Ramsey, Spring Lake Park), BEmT0n AND SHERBDR0E COUNTIES (East of Hwy 25 to Hwy 10 and an imaginary line straight West to the Mioaippi River), CARVER, BE00EPZN, SCOTT, AND WRIGHT CO0nzzE3 Rates Fringes ELECTRICIAN ...................... $ 34.30 70.25 http://frwebaate.access."o.aov/c�zi-bin/Retdoc.c2i?dbname=Davis-Bacon&docid=NIN200 8/17/2009 CABLE SPLICER = $1.00 additional per hour ---------------------------------------------------------------- * ELECO292 -010 09/01/2008 BENTON AND SHERBURNE COUNTIES (West of Hwy 25 to Hwy 10 and an imaginary line straight West to the Mississippi River), AND STEARNS COUNTY Rates Fringes ELECTRICIAN Electrical contracts $5 Million and over ............ $ 28.74 65.19% Electrical Contracts under $5 Million ..................$ 28.17 65.860 CABLE SPLICER = $1.00 additional per hour ---------------------------------------------------------------- ELECO294 -008 05/31/2009 ST. LOUIS COUNTY (North part bounded on the south by the south line of Ellsburg Township, extended east & west) Rates Fringes ELECTRICIAN ......................$ 32.28 58.750 CABLE SPLICER: $0.55 additional per hour ---------------------------------------------------------------- ELECO343 -007 06/27/2008 HOUSTON AND OLMSTED COUNTIES Rates Fringes ELECTRICIAN ......................$ 30.12 14.27 ---------------------------------------------------------------- ELEC1426 -007 06/01/2006 CLAY & POLK COUNTIES Rates Fringes CABLE SPLICER ....................$ 23.02 120 +7.18 ELECTRICIAN ......................$ 21.92 12% +7.18 ---------------------------------------------------------------- ENGI0049 -023 05/01/2009 Rates Fringes Power Equipment Operator (Treatment Plants) GROUP 1 .....................$ 34.64 15.25 GROUP 2 .....................$ 34.30 15.25 GROUP 3 .....................$ 32.89 15.25 GROUP 4 .....................$ 32.55 15.25 GROUP 5 .....................$ 32.38 15.25 GROUP 6 .....................$ 30.87 15.25 GROUP 7 .....................$ 29.75 15.25 httD: / /frweb2ate. access .QDo.aov /ciii- bin/sietdoc.ciii ?dbname= Davis - Bacon &docid= NIN200___ 8/17/2009 - » - GROUP 8 .....................$ 27.74 15.25 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1 - Helicopter Operator; Truck & Crawler Crane with 200' of Boom & Over, including Jib ($.50 premium with 300' of Boom & over, including jib); & Tower Crane 250' & Over GROUP 2 - Truck & Crawler Crane with 150' of Boom, up to but not including 200' of Boom, including Jib; & Tower Crane 200' & Over, Concrete Pump 164 ft Boom. GROUP 3 - Traveling Tower Crane; Master Mechanic; Pile Driving Operator (when 3 drums are used); Truck & Crawler Crane, up to but not including 150' of Boom, including Jib; Derrick (Guy & Stiffleg); Tower Crane (Stationary) up to 200 & All Terrain Vehicle Crane, Boom Truck over 100 ft. GROUP 4 - Crawler Backhoe; Hoist Engineer (3 drums or more); Locomotive Operator; Overhead Crane Operator (inside building perimeter); & Tractor Operator with Boom GROUP 5 - Air Compressor Operator 450 CFM or Over (2 or more machines); Pump Operator and /or Conveyor Operator (2 or more machines); Mechanic; Pumperete or Complaco type Machine Operator; Forklift; Boom Truck up to 100 ft; Concrete Mixer Operator; Drill Rig - Heavy Rotary or Churn when used for Caisson Drilling for Elevator Cylinder or Building Construction; Front End Loader (Over 1 cu. yd.); Hoist Engineer (1 or 2 drums); Straddle Carrier Operator; Power Plant Engineer (100 KW & over on multiples equal to 10OKW & over); Tractor Operator over D2; & Well Point Pump Op. GROUP 6 - Concrete Batch Plant Operator; Gunite Operator; Tractor Operator D2 or similar size; & Front End Loader Operator, up to 1 cu. yd. GROUP 7 - Air Compressor Operator 600 CFM or Over; Pump and /or Conveyor Operator; Brakeman; Pick -up Sweeper (1 cu. yd. & over Hopper capacity); Truck Crane Oiler; & Welding Machine Operator, Fireman temporary heat. GROUP 8 - Mechanical Space Heater (Temporary Heat); Oiler or Greaser; & Elevator Operator ---------------------------------------------------------------- * ENGIO049 -024 05/01/2009 AREA 1 (METRO): ANOKA, CARVER, CHISAGO (South of the Northern boundary of T.34 -N & that part consisting substantially of the cities of Thomson, Cloquet, Scanlon & Carlton), DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE (South of the northern boundary of T. 33 -N & East of the Western boundary of R. 27 -W), ST. LOUIS, WASHINGTON & WRIGHT (East of & inclu. Hwy #25) COUNTIES AREA 2 (EASTERN): BENTON (East of the Western right of way of HWY #10), CHISAGO (Remainder), HOUSTON, ISANTI, OLMSTED, SHERBURNE (Remainder), STEARNS (East of the Western right of way of Hwy #15), and WRIGHT (Remainder) COUNTIES http: / /frweb2ate. access. Imo. fzov /c,�zi- bin/Retdoc.cgi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 AREA 3 (WESTERN): BENTON (Remainder),CLAY, POLK, and STEARNS (Remainder) COUNTIES Rates Fringes Power Equipment Operator (Heavy, Sewer & Water lines) AREA 1: Group 1 ....................$ 31.57 15.25 Group 2 ....................$ 30.57 15.25 Group 3 ....................$ 30.02 15.25 Group 4 ....................$ 29.72 15.25 Group 5 ....................$ 26.68 15.25 Group 6 ....................$ 25.47 15.25 AREA 2: Group 1 ....................$ 29.11 15.25 Group 2 ....................$ 28.11 15.25 Group 3 ....................$ 27.66 15.25 Group 4 ....................$ 27.36 15.25 Group 5 ....................$ 24.79 15.25 Group 6 ....................$ 23.92 15.25 AREA 3: Group 1 ....................$ 24.45 15.25 Group 2 ....................$ 23.45 15.25 Group 3 ....................$ 22.52 15.25 Group 4 ....................$ 22.21 15.25 Group 5 ....................$ 20.50 15.25 Group 6 ....................$ 19.90 15.25 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1 - Helicopter Pilot; *Crane with over 135' Boom, excluding Jib; Dragline, Crawler, Hydraulic Backhoe and/or other similar equipment with Shovel-type Controls 3 cu. yds. & over Mfg. rated Cap.; & Pile Driving when 3 Drums are in use GROUP 2 - Cableway; Concrete Mixer, Stationary Plant over 34E; Derrick (Guy or Stiffleg) (Power) (Skids or Stationary); Diver; Dragline, Crawler, Hydraulic Backhoe and/or similar equipment with Shovel-type Controls, up to 3 cu. yds. Mfg. rated cap.; Dredge or Engineers, Dredge (Power) & Engineer; Front End Loader, 5 cu. yds. & over; Grader or Motor Patrol, Finishing Earthwork & Bituminous; Locomotive Crane; Master Mechanic; Mixer (Paving) Concrete Paving, Road; Mole, including Power Supply; Mucking Machine, including Mucking Operations, Conway or similar type; Piledriving; Refrigeration Plant Engineer; Tandem Scraper; Tractor - Boom type; Truck Crane - Crawler Crane; & Tugboat 100 HP & over GROUP 3 - Dual Tractor; Elevating Grader; Pumperete; Scraper- Struck Cap. 32 cu. yds. & over; & Self-propelled Traveling Soil Stabilizer GROUP 4 - Air Track Rock Drill; Articulated Hauler Terex, Caterpillar or similar type; Asphalt Bituminous Stabilizer Plant; Automatic Road Machine (CMI or similar); Backfiller; Bituminous Roller (8 Tons & over); Bituminous Spreader & htt-o:llfrweb� ate.access. Apo. 2ovlc2i-binl2etdoc.c2i?dbname=Davis-Bacon&docid 8/17/2009 Finishing (Power); Boom Truck (Power operated Boom); Brokk or R.T.C. 750 Remote Control or Similar types with all attachments; Cat & Scraper; Cat Tractor with Rock Wagons or similar types; Challenger 75 -D or 85 -D when pulling Scraper or Bulldozer; Chip Harvester & Tree Cutter over 150 HP; Concrete Batch Plant; Concrete Mixer on jobsite over 14S; Concrete Mobile; Crushing Plant (Gravel & Stone) or Gravel Washing, Crushing & Screening Plant; Curb Machine; Directional Boring Machine; Dope Machine (Pipeline); Drill Rigs, Heavy Rotary or Churn or Cable Drill; Fork Lift or Straddle Carrier; Fork Lift or Lumber Stacker; Front End Loader, over 1 cu. yd.; Hoist Engineer (Power); Hydraulic Tree Planter; Launcherman (Tankerman or Pilot License); Lead Greaser; Locomotive; Mechanic; Milling, Grinding & Planing Machine; Morbark Tub Grinder or Similar Type; Multiple Machines, such as Air Compressors, Welding Machines, Generators, Pumps; Pavement Breaker or Tamping Machine (Power Driven) Mighty Mite or similar type; Pickup Sweeper, 1 cu. yd. & over Hopper Cap.; Pipeline Wrapping, Cleaning or Bending Machine; Power Plant Engineer, 100 K.W.H. & over; Power Actuated Horizontal Boring Machine, over 6 "; Pugmill; Rubber- tired Farm Tractor, Backhoe Attach.; Scraper, up to 32 cu. yds.; Skid Steer Loader, over 1 cu. yd. with Backhoe Attachment; Slip Form (Power Driven) (Paving); Tie Tamper & Ballast Machine; Tractor, Bulldozer; Tractor Operator, over 50 HP with Power Take -off; Trenching Machine (Sewer, Water, Gas); Well Point Installation; & Dismantling or Repair Mechanic GROUP 5 - Air Compressor, 600 CFM or over; Bituminous Roller (Under 8 tons); Bituminous Rubber -tired Roller; Bituminous Spreader & Bituminous Finishing Machine Tender (Power); Concrete Distributor & Spreader Finishing Machine, Longitudinal Float, Joint Machine, & Spray; Concrete Saw (Multiple Blade) (Power Operated); Form Trench Digger (Power); Front End Loader, up to & incl. 1 cu. yd.; Grader (Motor Patrol); Gunite Gunall; Hydraulic Log Splitter; Loader (Barber Greene or similar type); Payhauler or similar type; Post Hole Driving Machine /Post Hole Augar; Power Actuated Auger & Boring Machine; Power Actuated Jack; Pump; Self - propelled Chip Spreader (Flaherty or similar); Sheep Foot Compactor with Blade - 200 HP & over; Shouldering Machine (Power) Apsco or similar type inclu. self - propelled Sand & Chip Spreader; Stump Chipper & Tree Chipper; Tractor Operator, Bulldozer, 50 HP or less; & Tree Farmer (Machine) GROUP 6 - Challenger 75 -D or 85 -D when pulling Disk or Roller; Conveyor; Dredge Deck Hand; Fireman or Tank Car Heater; Gravel Screening Plant (Portable not Crushing or Washing); Greaser (Truck or Tractor); Leverman; Mechanic Tender; Mechanic, Space Heater (Temporary Heat); Oiler (Power Shovel, Crane, Dragline); Power Sweeper; Roller on Gravel Compaction; Self - propelled Vibrating Packer (35 HP & over); Sheep Foot Roller; Tractor, Wheel Type (over 50 HP); & Truck Crane Oiler *CRANE OVER 135' BOOM, EXCLUDING JIB - $ .25 PREMIUM; CRANE OVER 200' BOOM, EXCLUDING JIB - $ .50 PREMIUM http://frwebgate. access. gpo. govlcgi- binlgetdoc.cgi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 UNDERGROUND WORK: UNNELS, SHAFTS, ETC. - $ .25 PREMIUM UNDER AIR PRESSURE - $ .50 PREMIUM HAZARDOUS WASTE PROJECTS (PPE Required): LEVEL A - $1.25 PREMIUM LEVEL B - $ .90 PREMIUM LEVEL C - $ .60 PREMIUM IRON0512 -013 05/01/2009 ANOKA, BENTON, CARVER, CHISAGO, DAKOTA, HENNEPIN, HOUSTON, ISANTI, OLMSTED, RAMSEY, SCOTT, SHERBURNE, STEARNS, WASHINGTON & WRIGHT COUNTIES Rates Fringes IRONWORKER .......................$ 33.80 20.44 ---------------------------------------------------------------- IRON0512 -028 05/01/2009 CLAY, POLK & ST. LOUIS COUNTIES Rates Fringes IRONWORKER .......................$ 29.76 19.50 ---------------------------------------------------------------- LAB00010 -006 05/01/2008 Rates Fringes Landscaper (Seeding, Sodding & Planting of evergreen & deciduous shrubs & trees) ....... $ 16.26 9.68 ---------------------------------------------------------------- LAB00132 -009 05/01/2008 ANOKA, BENTON, CARVER, CHISAGO, CLAY, DAKOTA, HENNEPIN, HOUSTON, ISANTI, OLMSTED, RAMSEY, SCOTT, SHERBURNE, STEARNS, WASHINGTON & WRIGHT COUNTIES Rates Fringes LABORER (Asbestos Abatement) ..... $ 28.11 10.57 ---------------------------------------------------------------- LAB00132 -013 05/01/2008 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE, WASHINGTON & WRIGHT COUNTIES Rates Fringes Laborers: (Treatment Plants) GROUP 1 .....................$ 30.56 10.93 GROUP 2 .....................$ 31.06 10.93 GROUP 3 .....................$ 31.56 10.93 LABORERS CLASSIFICATIONS GROUP 1 - Construction Craft Laborer; Flagperson /Traffic h":Hfrweb late. access.2no. 2ov /c 2i- bin/iaetdoc. cai ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 Control; Carpenter Tender; Concrete; Damp Proofer Below Grade; Drill Runner Tender; Dumpman - Dirt, Asphalt, Concrete, Cement; Heater Tender; Hot Tar Caulker - Corker; Joist Handler; Material Handler - Power Buggy; Rebar; Snow Blower Operator; Signal Person; Asbestos and Hazardous Waste Technician; Hydro Blast or Waterblast; Chain Saw Operator; Concrete Saw, Drill Operator; Concrete Vibrator; Demolition & Remodeling, Excluding Demolition of an entire Structural System; Mason Tender; Mortar Mixer - Cement or any other substitute Material or Composition; Pipe Handler; Pneumatic & Electric Tool, Jackhammer, Paving Buster, Chipping Hammer, Tamper Operator, etc.; Swing Stage Line Scaffold (Not including Patent" Scaffolding); Torchman - Gas, Electric, Thermal or similar device; & Remote Control Tamper GROUP 2 - Caisson Work; Mounted Wall Saw Operator; Nozzle Operator - Gunite, Cement, Sandblasting; Pipelayer; Pipe Rehab Technical, including Cleaning, Cutting, Cameraing, etc.; Refractory Worker; Sheeting Setter & Driver, Heavy Building Excavation; Underground Work - Open Ditch or Excavation 8' Below Grade; & Underpinning GROUP 3 - Driller for Blasting purposes; Dynamite Blaster or substitute products Tovex TR, Water, Gas, Gel, Bristar, Silent Dynamite, etc. ---------------------------------------------------------------- LAB00132 -016 06/01/2007 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE, WASHINGTON & WRIGHT COUNTIES Rates Fringes PLASTER TENDER (Treatment Plants ) ..........................$ 30.73 11.21 ---------------------------------------------------------- - - - - -- LAB00405 -003 05/01/2008 HOUSTON & OLMSTED COUNTIES TREATMENT PLANTS Rates Fringes LABORERS (HOUSTON COUNTY:) GROUP 1 .....................$ 21.62 10.51 GROUP 2 .....................$ 22.32 10.51 Laborers: (OLMSTED COUNTY:) GROUP 1 .....................$ 23.07 10.51 GROUP 2 .....................$ 23.77 10.51 LABORER CLASSIFICATIONS GROUP 1: Construction Laborer; General; Carpenter Tender; Concrete; Damp Proofer Below Grade; Dumpman - Dirt, Asphalt, Concrete, Cement; Heater Tender; Hot Tar Caulker - Corker; Firewatch; Flagperson; Joist Handler; Material Handler - Power Buggy; Rebar; Signalperson; Snow Blower Operator; Demolition & Wrecking, Including Remodeling; htta://frwebszate.access. am szov /cai- bin/2etdoc.cvi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 Chain Saw Operator; Concrete Saw, Drill Operator; Concrete Vibrator; Pipe Handler; Pneumatic & Electric Tool, Jackhammer, Paving Buster, Chipping Hammer, Tamper Operator, etc.; Swing Stage Line Scaffold (not including "Patent" Scaffolding); & Remote Control Tamper GROUP 2: Pipe Rehab Technician, including Cleaning, Cutting, Cameraing, etc.; Caisson Work; Nozzle Operator - Gunite, Cement, Sandblasting; Pipelayer; Refractory Worker; Sheeting Setter & Driver, Heavy Building Excavation; Underground Work- Open Ditch or Excavation 8' Below Grade; Underpinning; Mason Tender; Mortar Mixer - Cement or any other substitute Material or Composition; Driller for Blasting Purposes; Dynamite Blaster or substitute products Tovex TR, Water, Gas, Gel, Bristar, Silent Dynamite, etc. LAB00563-003 05/01/2008 TREATMENT PLANTS BENTON, CLAY (Except City limits of Moorhead) & STEARNS COUNTIES Rates Fringes LABORERS (BENTON & STEARNS:) GROUP 1 ..................... GROUP 2 ..................... GROUP 3 ..................... GROUP 4 ..................... Laborers: (CLAY COUNTY Except City limits of Moorhead:) GROUP 1 ..................... GROUP 2 ..................... GROUP 3 .....................$ GROUP 4 .....................$ LABORER CLASSIFICATIONS 24.18 10.31 24.93 10.31 25.18 10.31 22.20 10.31 23.08 10.31 23.83 10.31 24.08 10.31 21.10 10.31 GROUP 1: Construction; Asbestos & Hazardous Waste Technician; Carpenter Tender; Chain Saw Operator; Concrete Saw, Drill Operator; Concrete Vibrator; Concrete; Damp Proofer Below Grade; Demolition & Remodeling, Excluding Demolition of an entire Structural System; Drill Runner Tender; Dump Person - Dirt, Asphalt, Concrete, Cement; Heater Tender; Hot Tar Caulker- Corker; Hydro Blast or Waterblaster; Joist Handler; Mason Tender; Material Handler - Power Buggy; Mortar Mixer - Cement or any other Substitute material or Composition; Pipe Handler; Pneumatic & Electric Tools, Jackhammer, Paving Buster, Chipping Hammer, Tamper Operator, etc.; Remote Control Tamper; Signal Person; Snow Blower Operator; Swing Stage Line Scaffold (Not including "Patent" Scaffolding); Torchperson - Gas, Electric, Thermal or similar device GROUP 2: Caisson Work; Mounted Wall Saw Operator; Nozzle Operator - Gunite, Cement, Sandblasting; Pipelayer; Pipe Rehab Technician (Including Cleaning, Cutting, Cameraing, etc.); Refractory Worker; Sheeting Setter & Driver, Heavy Building Excavation; Underground Work - Open Ditch or Excavation 8' Below Grade; & Underpinning httD:Hfrwebizate.access.aDo.izovlc2i-binlizetdoc.cai?dbname=Davis-Bacon&docid=MN200... 9/17/2009 ---C)- - -- - GROUP 3: Driller for Blasting Purposes; Dynamite Blaster or substitute products zovel TR, Water, Gas, Gel, Briotar, Silent Dynamite, etc. GROUP 4: Flagpezoon ________________________________________________________________ LA800563-007 05/01/2008 HEAVY, SEWER & WATER LINES Rates Fringes LABORERS AREA I: GROUP l.........'........'.$ 27'32 I0.83 GROUP 2'..'...'.......'....$ 27.52 I0'83 GROUP 3.'.......'.'........$ 27'67 I0.85 GROUP 4.......'....'....'..$ 27.77 10.83 GROUP 5.'....''......'.....$ 28.02 I8.83 GROUP 6.'........','...'...$ 29.32 10.83 AREA 2: GROUP I....................$ 26.82 10.26 GROUP 2''...'...'..........$ 27.02 10.26 GROUP 3......'..'.'.....'..$ 27.17 10.26 GROUP 4...'...'..'...'.....$ 27.27 10.26 GROUP 5.......'............$ 27.52 I0.26 GROUP 6.......'...''...'..'$ 28.82 I0.26 AREA 3: GROUP I.'........'...'.....$ 25.83 I1.25 GROUP 2.......'.''.'...'...$ 26.03 1I.25 GROUP 3..'....'............$ 26.18 11.25 GROUP 4'....'..'.,....'....$ 26.28 11.25 GROUP 5.'.....'.'.'........$ 26.53 11'25 GROUP 6.......'..........'.$ 27.83 11.25 AREA 4: GROUP I.'.....'.'.'..''....$ 22.64 10.31 GROUP 2.......'.'..........$ 22'84 I0.31 GROUP 3.'.'...........''..'$ 22.99 I0.31 GROUP 4.'.'.....''.........$ 23.09 I0.3I Go0oe 5......''....'.'.....$ 23.34 10'31 GROUP 6..'....'.....'..''''$ 24.64 10.3I AREA 5: GROUP I...'.'........'.....$ 23.34 10'3I GROUP 2 .................... $ 23.54 10.3I GROUP 3..'....'....'.......$ 23.69 10.3I GROUP 4'..'.'.'......'.....$ 23.79 I0.31 GROUP 5.....'.'.'.'..'.....$ 24.04 I0'3I GROUP 6.......'...'......,.$ 25.34 10'31 AREA 6: GROUP l...'................$ 18.99 9.11 GROUP 2..........'.'.......$ I9.19 9'II GROUP 3.....'..'...........$ 19.34 9'1I GROUP 4..'..........'...'..$ 19.44 9.11 GROUP 5.'........'.........$ 19.69 9.1I GROUP 6.......''''.'.......$ 20.99 9.11 AREA 7: GROUP I..'..........'....'.$ 17.6I 8.39 GROUP 2'....'..............$ 17.8I 8.39 GROUP 3.'.....'.'..........$ 17.96 8.39 httv:Hfrwebgate.access.g 8/17/2009 GROUP 4 ....................$ 18.06 8.39 GROUP 5 ....................$ 18.31 8.39 GROUP 6 ....................$ 19.61 8.39 AREA DESCRIPTIONS AREA 1 (District 1): ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE, WASHINGTON & WRIGHT COUNTIES AREA 2 (District 2A): ST. LOUIS COUNTY (South of T. 55 N): AREA 3 (District 2B): ST. LOUIS COUNTY (North of T. 55 N) AREA 4 (District 3A): BENTON & STEARNS COUNTIES AREA 5 (District 3B): HOUSTON & OLMSTED COUNTIES AREA 6 (District 4): CLAY (Excluding City Limits of Moorhead) & POLK (Excluding City Limits of East Grand Forks) COUNTIES AREA 7 (ND DC): CLAY (City Limits of Moorhead) and POLK (City Limits of East Grand Forks) COUNTIES LABORER CLASSIFICATIONS GROUP 1: Construction; Bituminous Batcherperson (Stationary Plant); Bituminous Worker - Shoveler, Raker, Floater, Squeegee, Utility; Blaster Tender; Brick Tender; Carpenter Tender; Cement Coverperson Batch Truck; Cement Handler - Bulk, Bag; Concrete Batcher person; Concrete Handler, Caisson, Footings, Columns, Piling, Slabs, etc.; Concrete Longitudinal Float Operator (Manual Bullfloat on Paving); Concrete Shoveler, Tamper & Puddler (Paving); Conduit Layer; Curb Setter; Damp Proofer Below Grade; Demolition of an entire Structural System, Excluding Remodeling; Drill Runner Tender; Dump Operator (Dirt, Paver, Dumping Batch Truck, etc.); Fabric Installer; Grade Checker; Hydrant & Valve Setter; Hydro Blast or Waterblaster; Joint Filler (Concrete Pavement); Kettleperson (Bituminous or Lead); Labor Wrecking Demolition; Mortar Mixer; Pipe Handler; Power Buggy Operator; Pump Operator (Less than 6 "); Retaining Wall Installation; Sand Cushion Bedmaker; Signal person; Slip Lining of Utility Lines; Soil Stabilizer; Sound Barrier & Guard Rail Installation; Squeegee person; Stabilizing Batcher person (Stationary Plant); Temporary Heaters & Blower Tender; Top Person (Sewer, Water or Gas Trench); Traffic Controller (Traffic Barriers) & Transit /Level; Flagperson. Laser Beam (sewer, water, gas) $1.50 above Group 1 rate. Blasting Person (dynamite or substitute products) $3.00 above Group 1 rate. GROUP 2: Chain Saw; Compaction Equipment (Hand Operated or Remote Control); Concrete Drilling; Concrete Mixer Operator; Concrete Sawer; Concrete Vibrator; Ditch & Other Work more than 8' Below starting level of manual work; Formsetter; Joint Sawer, Mortar; Pipe Fuser /Technician; Pneumatic Tools, Jackhammer, Paving Buster, Chipping Hammer, etc.; Remote Control Demo Machine & Related http: / /frwebgate. acces s. gpo. gov /cgi- bin /getdoc. cgi? dbname= Davis -Bacon &docid= NIN200... 8/17/2009 Accessories (Electric/Hydraulic); Stone Tender/Mason Tender; & Torchperson - Gas, Electric, Thermal or Similar Device GROUP 3: Brick or Block Paving Setter; Caisson Work; Cofferdam Work GROUP 4: Bottom person (Sewer, Water or Gas Trench - More than 8' Below starting level or manual Work); Cement Gun Operator (1 1/2" or Over); Driller - Air Track or Similar; & Nozzle Operator (Gunite, Sandblasting, Cement) GROUP 5: Asbestos & Hazardous Waste Tech; Tunnel Laborer; Tunnel Miner; Tunnel Miner Tender; Underground Laborer; & Underpinning GROUP 6: Pipelayer,Tunnel Miner Under Pressure ---------------------------------------------------------------- LAB00580-002 05/01/2000 CLAY (Moorhead) & POLK (East Grand Forks) COUNTIES Rates Fringes LABORER (Treatment Plants) ....... $ 14.33 4.81 Construction Laborer; Concrete Bucket; Power Tool Operator; Mortar Mixer; Brick & Plasterers' Tender; Jackhammer Work; Hod Carrier; Non-Metallic Pipe Layer; Gas Line Wrapping or Taping; Cutting Torch for Demolition; Sandblaster & Gunnite Pot Tender; & Hose Tender ---------------------------------------------------------------- LABO1091-002 05/01/2008 ST. LOUIS COUNTY (South of T 55 N) Rates Fringes Laborers: (Treatment Plants) GROUP 1 .....................$ 24.23 10.16 GROUP 2 .....................$ 24.38 10.16 GROUP 3 .....................$ 24.63 10.16 GROUP 4 .....................$ 24.93 10.16 GROUP 5 .....................$ 22.33 10.16 LABORER CLASSIFICATIONS GROUP 1: General; Carpenter Tender; Concrete Laborer; Damp Proofer Below Grade; Drill Runner Tender; Dumpman - Dirt, Asphalt, Concrete, Cement; Heater Tender; Hot Tar Caulker - Corker; Joist Handler; Rebar; Snow Blower Operator; Signalperson; Material Handler (All types Power Buggy); Fire Control; Asbestos Removal; & Hazardous Waste GROUP 2: Chain Saw Operator; Concrete Saw, Drill Operator; Concrete Vibrator; Demolition & Wrecking, Excluding Remodeling; Gunite, Sandblasting Machine Operator; Mason Tender; Mortar Mixer - Cement or any other substitute material or composition; Pipe Handler; Pneumatic & Electric Tools, Jackhammer, Paving Buster, Chipping Hammer, Tamper httD:Hfrweb2ate.access.�po.Rov/cizi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MN200 8/17/2009 Operator, etc.; Swing Stage Line Scaffold (not including "patent" scaffolding); Torchman - Gas, Electric, Thermal or similar device; & Hydroblast GROUP 3: Caisson Work; Nozzle Operator - Gunite, Cement, Sandblasting; Pipelayer; Refractory Worker; Sheeting Setter & Driver, Heavy Building Excavation; Underground Work - Open Ditch or Excavation 8' Below Grade; Underpinning; & Hod Carrier GROUP 4: Driller for Blasting Purposes; Dynamite Blasters or substitute products Tovex TR, Water, Gas, Gel, Bristar, Silent Dynamite, etc.; Asbestos Abatement Worker; & Hazardous Waste Worker GROUP 5: Flagperson ---------------------------------------------------------------- LABO1091 -004 01/01/2009 POLK & ST. LOUIS COUNTIES Rates Fringes LABORER (Asbestos Abatement) ..... $ 27.65 11.11 ---------------------------------------------------------------- LABO1097 -002 05/01/2008 TREATMENT PLANTS POLK COUNTY (Excluding the city limits of East Grand Forks): Rates Fringes Laborers: (Projects over $760,000:) GROUP 1 .....................$ 19.53 10.21 GROUP 2 .....................$ 19.93 10.21 GROUP 3 .....................$ 20.13 10.21 Laborers: (Projects under $760,000:) GROUP 1 .....................$ 16.90 10.21 GROUP 2 .....................$ 17.24 10.21 GROUP 3 .....................$ 17.38 10.21 LABORER CLASSIFICATIONS GROUP 1: Construction; Carpenter Tender; Concrete; Damp Proofer Below Grade; Dump Person - Dirt, Asphalt, Concrete & Cement; Flagperson; Heater Tender; Hot Tar Caulker - Corker; Joist Handler; Material Handler - Power Buggy; Rebar; Signal Person; Snow Blower; Chain Saw; Concrete Vibrator; Demolition & Wrecking, Excluding Remodeling; Mason Tender; Mortar Mixer - Cement or Any Other Substitute Material or Composition; Pipe Handler; Pneumatic & Electric Tool, Jackhammer, Paving Buster, Chipping Hammer, Tamper Operator, etc.; Swing Stage Line Scaffold (Not including "Patent" Scaffolding); & Torch Person - Gas, Electric, Thermal or similar device; Scrapping, Sweeping & Clean -up; Skid Steer, Forklift (Incidental Use) http: / /frwebgate. access.gpo.gov /cgi- bin/getdoc. cgi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 - -- -- -- - " GROUP 2: Creosote Handler; Caisson Work; Concrete Saw Drill; Nozzle Operator - Gunite, Cement, Sandblasting; Pipelayer; Sheeting Setter & Driver, Heavy Building Excavation; Underground Work - Open Ditch or Excavation 8' Below Grade; Underpinning; & High Pay/Low Pay - 40 ft. over or Under Ground Floor without Conventional Floor Areas; Pipe- Rehab Technician, including Cleaning, Cutting, Camering, etc.; Wall Mounted Saw Operator GROUP 3: Driller for Blasting Purposes; Dynamite Blaster or substitute products; & Tovex TR, Water, Gas, Gel, Bristar, Silent Dynamite, etc. ---------------------------------------------------------------- LABO1097-004 05/01/2008 ST. LOUIS COUNTY (North of T 55 N) Rates Fringes Laborers: (Treatment Plants) GROUP 1 .....................$ 23.77 10.71 GROUP 2 .....................$ 24.17 10.71 GROUP 3 .....................$ 24.47 10.71 GROUP 4 .....................$ 25.77 10.71 LABORERS CLASSIFICATIONS GROUP 1 - Construction; Carpenter Tender; Concrete; Damp Proofer Below Grade; Dump Person - Dirt, Asphalt, Concrete & Cement; Flagperson; Heater Tender; Hot Tar Caulker - Corker; Joist Handler; Material Handler - Power Buggy; Rebar; Signal Person; & Snow Blower Operator; Chain Saw Operator; Concrete Vibrator; Demolition & Wrecking, Excluding Remodeling; Mason Tender; Mortar Mixer - Cement or Any Other Substitute Material or Composition; Pipe Handler; Pneumatic & Electric Tool, Jackhammer, Paving Buster, Chipping Hammer, Tamper Operator, etc.; Swing Stage Line Scaffold (Not including "Patent" Scaffolding); & Torch Person - Gas, Electric, Thermal or similar device; Scrapping, Sweeping & Clean-up; Skid Steer, Forklift (Incidental Use) GROUP 2 - Creosote Handler; Caisson Work; Concrete Saw Drillr; Nozzle Operator - Gunite, Cement, Sandblasting; Pipelayer; Sheeting Setter & Driver, Heavy Building Excavation; Underground Work - Open Ditch or Excavation 8' Below Grade; Underpinning; & High Pay/Low Pay - 40 ft. Over or Under Ground Floor without Conventional Floor Areas; Pipe-Rehab Technician, including Cleaning, Cutting, Camering, etc.; Wall Mounted Saw Operator GROUP 3 - Driller for Blasting Purposes; Dynamite Blaster or substitute products; & Tovex TR, Water, Gas, Gel, Bristar, Silent Dynamite, etc. GROUP 4: Asbestos Abatement ---------------------------------------------------------------- PAIN0061-006 05/01/2009 CHISAGO, DAKOTA, RAMSEY & WASHINGTON COUNTIES httD://frweb 8/17/2009 Rates Fringes Drywall Finisher/Taper .............. $ 30.94 15.40 Sander ...................... $ 23.19 15'40 Painters: Brush; Paperhanger .......... $ 30.94 I5'60 Sandblaster; 3Dzay/ Swing Stage; Boatswain Chair; $ 25.91 12.52 Window Jack; Safety Belt/ Erected Structural Steel; Application of Epoxy Materials a Materials containing over 50% Creosote .................... $ 3I'69 15.60 ________________________________________________________________ PAZ00106-009 05/0I/2009 ST LOUIS COUNTY Bates Fringes GLAZIER .......................... $ 24.85 12.95 F00zm0TE, I to 4 years' service - l week's paid vacation; 5 to II years' service - 2 weeks' paid vacation; II years' service or more - 3 weeks' paid vacation ---------------------------------------------------------------- PAIm0106-010 05/0I/2008 ST' LOUIS COUNTY Rates Fringes Painters: New: Brush, Roller .............. $ 27'41 12.52 Paperhanger, Spray, Steel, Taper ............... $ 28.01 12.52 REPAINT: Brush, Roller .............. $ 25.91 12.52 Paperhanger, spray, PAZ00386-009 06/01/2008 emOKA, CARVER, BENNEPI0, ISAmTz, SCOTT, SBEoBDRNE (South a East of a line drawn between the town of Santiago in 3beztmrue County and the town of Clearwater in Wright County) a WRIGHT COUNTIES Rates Fringes BuZmzER Bznab, Roller a Paperhangez'$ 30.65 13.99 Spray, Steel, Sandblaster, Swing Stage a Epoxy ......... $ 3I.40 13.99 ________________________________________________________________ http://frwebgate.access.gpo.,govlcgi-binlgetdoc.egi?dbname=Davis-Bacon&docid=MN200 8/17/2009 Puzm0386-010 08/01/2008 ANOuA, CARVER, 8E0NEPZN, I3ANTz, SCOTT, SoER8URNE (South a east of a line drawn between the town of Santiago, Sherburne County and the town of Clearwater, Wright County) a WRIGHT COUNTIES Rates Fringes Drywall Finisher .................... $ 29.17 15.67 Sander ...................... $ 21.87 15.67 ---------------------------------------------------------------- PAzm068I-005 05/01/2008 HOUSTON AND OLMSTED COUNTIES Rates Fringes Painters: Bzoob a Roller .............. $ 26'29 10.68 PROJECTS UNDER $600,000 (does not apply to Cities of Red Wing a Winona) receive 85% of the basic hourly rate. PREMIUM PAY: Paperhanger a Steel - $0.25 per hour additional. Sandblast a Spray - $0.50 per hour additional 3tageman and BeItmao - $1.00 per hour additional Application of Epoxy, Creosote, other Toxic Materials - $0'25 per hour additional. PAZ0068I-008 05/01/2008 HOUSTON & OLMSTED COUNTIES Rates Fringes Drywall Finisher .................... $ 25.74 11.20 Sander ...................... $ I9'31 1I.20 ---------------------------------------------------------------- 2azm0880-001 05/01/2002 Rates Fringes Sign Painter ..................... $ 2I'I2 2.07+a+b FOOTNOTES: a. 8 Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; the Day After Thanksgiving; the last working Day Before Christmas; a Christmas Day b. Vacation Pay: 3 years aervioe- 2 weeks paid vacation; 6 years service - 3 weeks paid vacation; 15 years service - 4 weeks paid vacation __---_________________-_---__-_______________-____-_---_________ PAZ00884-006 06/01/2008 httD://frweb2ate.access.wo.2ov/cai-bin/2etdoc.cai?dbname=Davis-Bacon&docid=NIN200... 8/17/2009 Rates Fringes Drywall Finisher /Taper Area 2A .....................$ 22.46 11.44 Area 2B .....................$ 24.16 11.96 PAINTER (Brush & Roller) Area 1A .....................$ 24.16 11.71 Area 1B .....................$ 21.86 7.06 PROJECTS UNDER $8,000 (Drywall & Painting): Receive 800 of basic hourly rate. DRYWALL: AREA 2A: CLAY & POLK COUNTIES AREA 2B: BENTON, SHERBURNE (Western one -half, North & West of a line drawn between the city of Santiago in Sherburne County & the city of Clearwater in Wright County) & STEARNS COUNTIES AREA 1A: BENTON, SHERBURNE (Western one -half, North & West of a line drawn between the city of Santiago in Sherburne County & the city of Clearwater in Wright County) & STEARNS COUNTIES AREA 1B: CLAY & POLK COUNTIES PAINTER 'S PREMIUM: - $0.75 per hour additional for the following work: Spray; Two Component Paints; Epoxies; Sandblasting & Rigging; Bridge Painting; Work done on Swing Scaffolding, Safety Harness, Boatswain's Chair, Coverings & Erection of Scaffolding for same, Work on Erected Structural Steel, Storage Bins,Tanks, Abrasive Blasting; Steeple Jack Work which applies to Smokestacks, Elevated Tanks & Erected Towers over 35 ft., Flag Poles; & Structural Supports PAIN1324 -005 06/02/2008 ANOKA, BENTON, CARVER, CHISAGO, CLAY, DAKOTA, HENNEPIN, HOUSTON, ISANTI, OLMSTED, POLK, RAMSEY, SCOTT, SHERBURNE, STEARNS, WASHINGTON & COUNTIES Rates Fringes GLAZIER ..........................$ 34.31 12.80 ---------------------------------------------------------------- PLAS0265 -004 06/01/2009 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE, WASHINGTON & WRIGHT COUNTIES Rates Fringes PLASTERER ........................$ 34.63 13.89 PLAS0633 -033 05/01/2009 http: / /frwebizate. access. Apo. 2ov /c2i- bin/2etdoc.cRi ?dbname= Davis- Bacon &docid= MN200... 8/17/2009 i aasv �..✓ vi ✓ ST. LOUIS COUNTY (South of T 55N) Rates Fringes CEMENT MASON /CONCRETE FINISHER (Treatment Plants) ...... $ 27.04 15.45 ---------------------------------------------------------------- PLAS0633 -034 05/01/2009 HOUSTON & OLMSTED COUNTIES Rates Fringes PLASTERER ........................$ 28.17 15.70 ---------------------------------------------------------------- PLAS0633 -038 06/01/2009 HOUSTON & OLMSTED COUNTIES Rates Fringes PLASTERER ........................$ 33.23 7.52 ---------------------------------------------------------------- PLAS0633 -039 05/01/2009 ST. LOUIS COUNTY (South of T 55N) Rates Fringes CEMENT MASON /CONCRETE FINISHER (Heavy, Sewer & Water Lines) .....................$ 29.63 15.45 htto : //frweb late. acces s. 2Do. 2ov /c 2i -b in/2etdoc. c 2i ?dbname= Davis -Bacon &docid= MN200... 8/17/2009 Rates Fringes CEMENT MASON /CONCRETE FINISHER (Treatment Plants) ...... ---------------------------------------------------------------- $ 33.06 7.75 PLAS0633 -035 05/01/2009 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI, RAMSEY, SCOTT, SHERBURNE, WASHINGTON & WRIGHT COUNTIES Rates Fringes CEMENT MASON /CONCRETE FINISHER (Treatment Plants) ...... $ 31.14 ---------------------------------------------------------------- 16.60 PLAS0633 -036 05/01/2008 ST. LOUIS COUNTY (North of T 55N) Rates Fringes CEMENT MASON /CONCRETE FINISHER ... ---------------------------------------------------------------- $ 25.40 12.45 PLAS0633 -037 05/01/2009 ST. LOUIS COUNTY Rates Fringes PLASTERER ........................$ 28.17 15.70 ---------------------------------------------------------------- PLAS0633 -038 06/01/2009 HOUSTON & OLMSTED COUNTIES Rates Fringes PLASTERER ........................$ 33.23 7.52 ---------------------------------------------------------------- PLAS0633 -039 05/01/2009 ST. LOUIS COUNTY (South of T 55N) Rates Fringes CEMENT MASON /CONCRETE FINISHER (Heavy, Sewer & Water Lines) .....................$ 29.63 15.45 htto : //frweb late. acces s. 2Do. 2ov /c 2i -b in/2etdoc. c 2i ?dbname= Davis -Bacon &docid= MN200... 8/17/2009 ________________________________________________________________ PLAG0633-040 05/01/2009 ANOKA, CARVER, CBZSA6O, DAKOTA, BE00EPZN, zSAmzI, RAMSEY, Rates Fringes CEMENT MASON/CONCRETE FINISHER (Heavy, Sewer a Water Lines) ..................... $ 30.45 I6.50 ---------------------------------------------------------------- eLAS0633-042 05/01/2009 HOUSTON & OLMSTED COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER (Heavy, Sewer a Water Lines) ..................... $ 33'01 7.75 ________________________________________________________________ gLA30633-044 05/01/2009 POLK COUNTY Rates Fringes CEMENT MASON/CONCRETE FINISHER (Treatment Plants) .'...'$ 24'6I 12.39 ________________________________________________________________ PLe30633-045 05/01/2009 Rates Fringes PLASTERER ........................ $ 21.15 11.85 ---------------------------------------------------------------- PLUM0006-005 08/01/2008 HOUSTON AND OLMSTED COUNTIES Rates Fringes Plumber, Pipefitter, 3teamfittez ...................... $ 35.51 13.35 ________________________________________________________________ PL0M00II-007 05/0I/2007 3T. LOUIS COUNTY (3ootb of an east-west line drawn through Cotton) Rates Fringes Plumber, eipefitter, 3teaofitter ...................... $ 33.70 14.35 ________________________________________________________________ PL0s00II-0I4 05/01/2008 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NlN200... 8/17/2009 CLAY & POLK COUNTIES Rates Fringes Plumber and 3teamfittez .......... $ 29.39 11.83 _________________________________________________________ PznM0015-005 05/01/2008 A0OKA, CARVER, BE0mEezm, zSANTI, SCOTT, GHER8UR0E (East of a line z000iog northeasterly from the point of Wright county that lies forthezeat north to that point of Mille Lacs County that is South by west) a WRIGHT COUNTIES Rates Fringes PLUMBER .......................... $ 36.55 17'43 FOOTNOTE: Paid Holiday: Labor Day ________________________________________________________________ PLUM00I5-006 05/01/2008 Rates Fringes PLUMBER .......................... $ 32.31 16.73 FOOTNOTE: Paid Holiday: Labor Day ________________________________________________________________ PL0M0034-005 05/01/2008 CHI3AGO, DAKOTA, RAMS8Y a WASHINGTON COUNTIES Rates Fringes FOOTNOTE: Paid Holiday: Labor Day ________________________________________________________________ eLUM0417-002 01/01/2009 Am0KA, DAKOTA, HE0NEPIN, RaM3Er, SCOTT a WASHINGTON COUNTIES Rates Fringes SPRINKLER FITTER ................. $ 38.64 I6.85+a FOOTNOTE: a. Paid Holidays: Memorial Day; July 4th; Friday before Labor Day; Labor Day; Columbus Day; a Thanksgiving Day ________________________________________________________________ PLUM0455-006 05/01/2008 Rates Fringes httn cgi?dbname=Davis-Bacon&docid=N4N20O... 8/17/2009 PIPEFITTER .......................$ 36.41 19.57 ---------------------------------------------------------------- PLUM0539 -006 05/01/2009 ANOKA, CARVER, HENNEPIN, ISANTI, SCOTT, SHERBURNE (East of a line running North- Easterly from the point of Wright Co.that lies furthest North to that point of Mille Lacs that is South by West) & WRIGHT COUNTIES Rates Fringes PIPEFITTER .......................$ 38.38 19.55 ---------------------------------------------------------------- PLUM0539 -010 05/01/2009 BENTON, SHERBURNE (West of a line running North - Easterly from point of Wright Co. lies furthest North to point of Mille Lacs that is South by West) & STEARNS COUNTIES Rates Fringes PIPEFITTER .......................$ 32.35 19.68 ---------------------------------------------------------------- PLUM0589 -005 05/01/2009 ST. LOUIS COUNTY (North of an East -West line drawn through Cotton) Rates Fringes PLUMBER, PIPEFITTER, STEAMFITTER ......................$ 34.34 15.97 ---------------------------------------------------------------- ROOF0096 -016 06/01/2009 HOUSTON & OLMSTED COUNTIES Rates Fringes ROOFER ...........................$ 19.88 8.32 ---------------------------------------------------------------- ROOF0096 -017 07/07/2009 ST. LOUIS COUNTY (South of Hwy 16, excluding city of Forbes) Rates Fringes ROOFER ...........................$ 29.20 13.20 ---------------------------------------------------------------- ROOF0096 -018 05/01/2009 ANOKA, CARVER, CHISAGO, DAKOTA, HENNEPIN, ISANTI (South of State Highway #95, including Cambridge), RAMSEY, SCOTT, WASHINGTON & WRIGHT (South of County Road #39) COUNTIES Rates Fringes ROOFER ...........................$ 32.49 13.65 FOOTNOTE: Paid Holiday - Labor Day http://frwebgate. access. gpo.gov /cgi- bin/getdoc. cgi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 _______________________ R0OF0096-019 06/01/2009 BE0TON, ZSANTI (North of State Highway #95, excluding Cambridge), SaE8BURmE, 3TEaRmS a WRIGHT (North of Wright County Road #39, from South Haven to Monticello, including both towns) COUNTIES Rates Fringes Roofer ........................... $ 28.25 12.75 ________________________________________________________________ DOOF0096-020 05/0I/2009 ST. LOUIS COUNTY (Northern two-thirds) Rates Fringes ROOFER ........................... $ 25.70 9.65 ________________________________________________________________ 5FMm0669-004 01/0I/2009 BEmz0o, CARVER, Coz3AG0, CLAY, HOUSTON, ZSAmzz, OLM3TEo, POLK, SHERBURNE, ST. LOUIS, STEARNS & WRIGHT COUNTIES Rates Fringes SPRINKLER FITTER ................. $ 31.26 I4'80 ________________________________________________________________ 3HEE00I0-02I 05/0I/2008 BE0T0m, 3BERBVDNE a 3TEaRNS COUNTIES Rates Fringes Sheet Metal Worker ............... $ 31.77 15.28 ---------------------------------------------------------------- SoEE0010-022 06/0I/2005 BE25 POLK CO0xzI Rates Fringes Sheet Metal Worker ............... $ 19.78 10.15 ---------------------------------------------------------------- 3BEE00I0-023 05/01/2008 ST. LOUIS COUNTY (Southern one-third) Rates Fringes SHEET METAL WORKER ............... $ 30.85 I6'9I ---------------------------------------------------------------- SHEE0010-024 05/0I/2008 ST. LOUIS COUNTY (Northern two-thirds) Rates Fringes httT):Hfrwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=NlN200 8/17/2009 SHEET METAL WORKER ............... $ 29.99 I6.08 ---------------------------------------------------------------- SBEE00I0-025 05/01/2009 aN0KA, CARVER, C8ISAGO, DAKOTA, BE0NE2Z0, ZSAmTI, DAM8EY, SCOTT, WASHINGTON a WRIGHT COUNTIES Rates Fringes Sheet Metal Worker ............... $ 38.46 18.34 FOOTNOTE: Paid Holiday: Labor Day ________________________________________________________________ SBEE0010-026 05/01/2008 0LM3TEn COUNTY Rates Fringes Sheet Metal Worker ............... $ 30.22 14.69 ________________________________________________________________ SHEE0010-027 05/81/2009 HOUSTON COUNTY Rates Fringes Sheet Metal Worker ............... $ 26.15 13.03 ---------------------------------------------------------------- 8BEE00I0-029 05/0I/2005 CLAY COUNTY Rates Fringes Sheet Metal Worker ............... ¢ 23.31 8'25 ________________________________________________________________ zEAM0132-006 05/0I/2008 CHISAGO (Northern half) AND ISANTI COUNTIES Rates Fringes TRUCK DRIVER (Treatment Plants) ..............'.......''..$ 30'56 ________________________________________________________________ TEaM0160-009 05/0I/2008 AREA I: A0OKa, CARVER, CBISAGO (S. of T. 34-m), DAKOTA, aENmEPZ0, aAMSEx, SCOTT, SoEDBDR0E, W&3BZmGTOm x WRIGHT COUNTIES AREA 2: 3T. LOUIS COUNTY AREA 3: B0D3TO0 a 0LM3TED C0D0TZE8 AREA 4: BE0T0V, C8ISAGO (North of T. 34-N), CLAY, ZSA0TI, POLK a 3TEAR03 COUNTIES Rates Fringes http:llfrwebgate.access.gpo.govlcgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=MN200... 8/17/2009 -_ TRUCK DRIVER (Heavy, Sewer a Plants) Water Lines) GROUP I'..'.'.''..'.........$ 25'70 AREA l: GROUP 2..'...........'......¢ 25.15 9.70 GROUP I'...........'.......$ 25.15 11.80 GROUP 2......'',...,'..'...$ 24.60 1I.80 GROUP 3'.'...'............'$ 24.50 11.80 GROUP 4...'.........'......$ 24.25 11.80 AREA 2; GROUP I...'...,.'..''......$ 24'75 11.80 GROUP 2.'....'..'.....'....$ 24.20 Il'OO GROUP 3'.........'.'.......$ 24.10 1I.80 GROUP 4......'........'..'.$ 23'85 11.80 AREA 3: GROUP I .................... $ 22.95 1I.80 gRDD2 2.'....'....'.'.,.'..$ 22.40 II'80 GROUP 3.........'..........$ 22.30 11.80 GROUP 4.,..'.'.......,.....$ 22.I0 1I'80 AREA 4: GROUP l....'.''.....'......¢ 19'32 II.40 GROUP 2',..................$ 18.8I I1.40 GROUP 3...'...'.........,..$ 18'66 I1.40 GROUP 4.'....'..'.....'...'$ 18-66 11.40 TRUCK DRIVER CLASSIFICATIONS GROUP l - Boom; Mechanic; Off-Road, including Articulated Dump Truck; Tractor Trailer; Winch Truck GROUP 2 - Tri Axles (Including Four Axles) GROUP 3 - Bituminous Distributor; Bituminous Distributor (One man operation); Tandem Axles; a Single Axles GROUP 4 - Bituminous Distributor Spray Operator (Rear and Oiler); onmpmao; Pilot Car; Self-propelled Packer; Slurry Operator; Tank Truck Tender (Gas, Oil, Road Oil a Water); Tractor Operator (Wheel typo used for any purpose) THE FOLLOWING CLASSIFICATIONS SHALL COME UNDER THE AeeoopuzAzE AXLE RATE WAGE GROUP: "A" Frame; Dry Batch Hauler; Ready-Mix Concrete; Slurry; Tank (Gas, Oil, Road Oil a water) ---------------------------------------------------------------- TEAM0346-004 05/0I/2008 AmOKA, CARVER, C8zGAG0 (Southern half), DAKOTA, HEmmEPI0, RAMSEx, ST. LOUIS, SCOTT, S8ERBUnNE, WASHINGTON a WRIGHT COUNTIES Rates Fringes Truck drivers: (Treatment Plants) GROUP I'..'.'.''..'.........$ 25'70 9.70 GROUP 2..'...........'......¢ 25.15 9.70 8R0ne 3..'.....'.'...'......$ 25.05 9.70 GROUP 4..'...''.............$ 24.80 9.70 TRUCK DRIVER CLASSIFICATIONS httD:Hfrweb2ate.access.aDo.2ov/cLyi-bin/�-,etdoc.c2i?dbname=Davis-Bacon&docid=N4N200 8/17/2009 GROUP I: Boom Truck GROUP 2: Reedy Mix, Tractor TzaiIor GROUP 3: Fork Lift, Mechanic, Tandem or 3 axle Truck GROUP 4: Dumpmao, Farm Tractor, Single or 2 axle Truck ________________________________________________________________ TEAM0405-003 05/0I/2008 Treatment Plants TREATMENT PLANTS Rates Fringes TRUCK DRIVER Houston County .............. $ 21.62 Olmsted County .............. $ 23.07 ________________________________________________________________ TEAM0563-003 05/0I/2005 TREATMENT PLANTS BENTON, CLAY (Except City limits of Moorhead) & STEARNS COUNTIES Rates Fringes Truck drivers: Projects over $95O,OOO ...... $ 22.93 8.61 Projects under $95O,O0O ..... $ 21.18 8.6I ---------------------------------------------------------------- zEaM0580-003 04/19/1999 Rates Fringes TRUCK DRIVER (Treatment Plants) .......................... $ I4.05 ________________________________________________________________ T2&MI097-002 05/0I/2008 POLK COUNTY (Excluding the city limits of East Grand Forks) Rates Fringes TRUCK DRIVER (Treatment Plants) $760,000 a over including Electrical a Meohaoinal.....$ 19.53 Under $760,000, including Electrical a Mechanical ..... $ 16.90 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: http: / /frweb2ate.access.2Do. Rov /cRi- bin/2etdoc.cRi ?dbname= Davis - Bacon &docid= MN200... 8/17/2009 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http: / /frwebgate.access.gpo. gov /cgi- binlgetdoc.cgi ?dbname= Davis - Bacon &docid= N4N200... 8/17/2009 .-&- 1 V l 1 1 GENERAL DECISION: MN20080005 08/14/2009 MN5 Date: August 14, 2009 General Decision Number: MN20080005 08/14/2009 Superseded General Decision Number: MN20070005 State: Minnesota Construction Type: Highway Counties: Anoka, Benton, Chisago, Dakota, Hennepin, Ramsey, Scott, Sherburne, St Louis, Stearns, Washington and Wright Counties in Minnesota. HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 12 13 BRMN0001 -015 05/01/2009 Publication Date 02/08/2008 05/02/2008 05/16/2008 06/13/2008 07/11/2008 08/08/2008 09/05/2008 01/16/2009 05/01/2009 06/05/2009 06/26/2009 07/17/2009 08/07/2009 08/14/2009 BENTON & STEARNS COUNTIES Rates Fringes CEMENT MASON /CONCRETE FINISHER ... $ 32.75 14.35 ---------------------------------------------------------------- * CARP0087 -011 05/01/2009 ANOKA, CHISAGO, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE, WASHINGTON & WRIGHT COS. Rates Fringes Carpenter & Piledrivermen ........ $ 31.37 16.10 ---------------------------------------------------------------- * CARP0361 -014 05/01/2009 ST LOUIS COUNTY (DULUTH) Rates Fringes Carpenter & Piledrivermen ........ $ 30.52 14.65 ---------------------------------------------------------------- CARP0361 -015 05/01/2008 httv:Hfrwebgate. access. moo. gov /cgi- bin/getdoc. cgi ?dbname= Davis - Bacon &docid= N4N2008... 9/2/2009 ST LOUIS COUNTY Rates Fringes Carpenter & Piledrivermen Northern St. Louis County ... $ 30.23 12.94 Southern St. Louis County except Duluth ...............$ 29.77 13.40 ---------------------------------------------------------------- * CARP0930 -006 05/01/2009 BENTON AND STEARNS COUNTIES Rates Fringes Carpenter & Piledrivermen ........ $ 25.53 16.02 ---------------------------------------------------------------- ELEC0160 -001 04/01/2007 LINE CONSTRUCTION /STREET LIGHTING Rates Fringes Line Construction (1) Lineman; Cable Splicer; Dynamiter; Special Equipment Operator; & Technician ..... $ 32.27 4.75 +29% (2) Equipment Operator ...... $ 27.75 4.75 +29% (3) Groundman /Truck Driver; & Pole Treating Truck Driver ................$ 22.59 4.75 +29% (4) Groundman ...............$ 21.62 4.75 +29% Line Clearance: (5) Tree Trimmer; Tractor..$ 20.09 4.75 +29% (6) Groundman /Truck Driver.$ 14.06 4.75 +29% (7) Groundman ..............$ ---------------------------------------------------------- 13.06 4.75 +29% - - - - -- * ENGIO049 -005 05/01/2009 AREA 1 (METRO): ANOKA, CHISAGO (S. of the northern boundary of T. 34 -N & thatpart consisting substantially of the cities of Thomson, Cloquet,Scanlon & Carlton), DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE (S. of the northern boundary of T. 33 -N & E. of the western boundary of R. 27 -W), ST. LOUIS, WASHINGTON & WRIGHT (East of & inclu. Hwy #25) COUNTIES AREA 2 (EASTERN): BENTON (East of the Western right of way of HWY #10), CHISAGO (Remainder) SHERBURNE (Remainder), STEARNS (East of the Western right of way of Hwy #15), and WRIGHT (Remainder) COUNTIES AREA 3 (WESTERN): BENTON (Remainder) and STEARNS (Remainder) COUNTIES Rates Fringes Power Equipment Operator AREA 1: http: / /frwebRate.access."o. aov /cRi- binlaetdoc.c�4i ?dbname= Davis - Bacon &docid= NIN2008... 9/2/2009 GROUP 1 ....................$ 31.57 15.25 GROUP 2 ....................$ 30.57 15.25 GROUP 3 ....................$ 30.02 15.25 GROUP 4 ....................$ 29.72 15.25 GROUP 5 ....................$ 26.68 15.25 GROUP 6 ....................$ 25.47 15.25 AREA 2: GROUP 1 ....................$ 29.11 15.25 GROUP 2 ....................$ 28.11 15.25 GROUP 3 ....................$ 27.66 15.25 GROUP 4 ....................$ 27.36 15.25 GROUP 5 ....................$ 24.79 15.25 GROUP 6 ....................$ 23.92 15.25 AREA 3: GROUP 1 ....................$ 24.45 15.25 GROUP 2 ....................$ 23.45 15.25 GROUP 3 ....................$ 22.52 15.25 GROUP 4 ....................$ 22.21 15.25 GROUP 5 ....................$ 20.50 15.25 GROUP 6 ....................$ 19.90 15.25 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1 - Helicopter Pilot; *Crane with over 135' Boom, excluding Jib; Dragline, Crawler, Hydraulic Backhoe and /or other similar equipment with Shovel -type Controls 3 cu. yds. & over Mfg. rated Cap.; & Pile Driving when 3 Drums are in use GROUP 2 - Cableway; Concrete Mixer, Stationary Plant over 34E; Derrick (Guy or Stiffleg) (Power) (Skids or Stationary); Diver; Dragline, Crawler, Hydraulic Backhoe and /or similar equipment with Shovel -type Controls, up to 3 cu. yds. Mfg. rated cap.; Dredge or Engineers, Dredge (Power) & Engineer; Front End Loader, 5 cu. yds. & over; Grader or Motor Patrol, Finishing Earthwork & Bituminous; Locomotive Crane; Master Mechanic; Mixer (Paving) Concrete Paving, Road; Mole, including Power Supply; Mucking Machine, including Mucking Operations, Conway or similar type; Piledriving; Refrigeration Plant Engineer; Tandem Scraper; Tractor - Boom type; Truck Crane Crawler Crane; & Tugboat 100 HP & over GROUP 3 - Dual Tractor; Elevating Grader; Pumperete; Scraper - Struck Cap. 32 cu. yds. & over; & Self - propelled Traveling Soil Stabilizer GROUP 4 - Air Track Rock Drill; Articulated Hauler Terex, Caterpillar or similar type; Asphalt Bituminous Stabilizer Plant; Automatic Road Machine (CMI or similar); Backfiller; Bituminous Roller (8 Tons & over); Bituminous Spreader & Finishing (Power); Boom Truck (Power operated Boom); Brokk or R.T.C. 750 Remote Control or Similar types with all attachments; Cat & Scraper; Cat Tractor with Rock Wagons or similar types; Challenger 75 -D or 85 -D when pulling Scraper or Bulldozer; Chip Harvester & Tree Cutter over 150 HP; Concrete Batch Plant; Concrete Mixer on jobsite over 14S; Concrete Mobile; Crushing Plant (Gravel & Stone) or Gravel Washing, Crushing & Screening Plant; Curb Machine; Directional Boring Machine; Dope Machine (Pipeline); Drill http: / /frwebgate. access. gpo.gov /cgi- bin/getdoc. cgi ?dbname= Davis - Bacon &docid= NM2008 ... 9/2/2009 Rigs, Heavy Rotary or Churn or Cable Drill; Fork Lift or Straddle Carrier; Fork Lift or Lumber Stacker; Front End Loader, over 1 cu. yd.; Hoist Engineer (Power); Hydraulic Tree Planter; Launcherman (Tankerman or Pilot License); Lead Greaser; Locomotive; Mechanic; Milling, Grinding & Planing Machine; Morbark Tub Grinder or Similar Type; Multiple Machines, such as Air Compressors, Welding Machines, Generators, Pumps; Pavement Breaker or Tamping Machine (Power Driven) Mighty Mite or similar type; Pickup Sweeper, 1 cu. yd. & over Hopper Cap.; Pipeline Wrapping, Cleaning or Bending Machine; Power Plant Engineer, 100 K.W.H. & over; Power Actuated Horizontal Boring Machine, over 6 "; Pugmill; Rubber- tired Farm Tractor, Backhoe Attach.; Scraper, up to 32 cu. yds.; Skid Steer Loader, over 1 cu. yd. with Backhoe Attachment; Slip Form (Power Driven) (Paving); Tie Tamper & Ballast Machine; Tractor, Bulldozer; Tractor Operator, over 50 HP with Power Take -off; Trenching Machine (Sewer, Water, Gas); Well Point Installation; & Dismantling or Repair Mechanic GROUP 5 - Air Compressor, 600 CFM or over; Bituminous Roller (Under 8 tons); Bituminous Rubber -tired Roller; Bituminous Spreader & Bituminous Finishing Machine Tender (Power); Concrete Distributor & Spreader Finishing Machine, Longitudinal Float, Joint Machine, & Spray; Concrete Saw (Multiple Blade) (Power Operated); Form Trench Digger (Power); Front End Loader, up to & incl. 1 cu. yd.; Grader (Motor Patrol); Gunite Gunall; Hydraulic Log Splitter; Loader (Barber Greene or similar type); Payhauler or similar type; Post Hole Driving Machine /Post Hole Augar; Power Actuated Auger & Boring Machine; Power Actuated Jack; Pump; Self - propelled Chip Spreader (Flaherty or similar); Sheep Foot Compactor with Blade - 200 HP & over; Shouldering Machine (Power) Apsco or similar type inclu. self - propelled Sand & Chip Spreader; Stump Chipper & Tree Chipper; Tractor Operator, Bulldozer, 50 HP or less; & Tree Farmer (Machine) GROUP 6 - Challenger 75 -D or 85 -D when pulling Disk or Roller; Conveyor; Dredge Deck Hand; Fireman or Tank Car Heater; Gravel Screening Plant (Portable not Crushing or Washing); Greaser (Truck or Tractor); Leverman; Mechanic Tender; Mechanic, Space Heater (Temporary Heat); Oiler (Power Shovel, Crane, Dragline); Power Sweeper; Roller on Gravel Compaction; Self - propelled Vibrating Packer (35 HP & over); Sheep Foot Roller; Tractor, Wheel Type (over 50 HP); & Truck Crane Oiler *CRANE OVER 135' BOOM, EXCLUDING JIB - $ .25 PREMIUM; CRANE OVER 200' BOOM, EXCLUDING JIB - $ .50 PREMIUM UNDERGROUND WORK: TUNNELS, SHAFTS, ETC. - $ .25 PREMIUM UNDER AIR PRESSURE - $ .50 PREMIUM HAZARDOUS WASTE PROJECTS (PPE Required): LEVEL A - $1.25 PREMIUM LEVEL B - $ .90 PREMIUM LEVEL C - $ .60 PREMIUM ---------------------------------------------------------------- IRON0512 -003 05/01/2009 http: / /frwebgate. access.gpo.gov /cgi- binlgetdoc. cgi ?dbname= Davis - Bacon &docid= MN2008 ... 9/2/2009 ANOKA, BENTON, CHISAGO, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE, STEARNS, WASHINGTON & WRIGHT COUNTIES Rates Fringes IRONWORKER .......................$ 33.80 20.44 ---------------------------------------------------------------- IRON0512 -020 05/01/2009 ST. LOUIS COUNTY Rates Fringes IRONWORKER .......................$ 29.76 19.50 ---------------------------------------------------------------- LAB00010 -005 05/01/2008 Rates Fringes Landscaper (Seeding, Sodding & Planting of evergreen & deciduous shrubs & trees) ........ $ 16.26 9.68 ---------------------------------------------------------------- LAB00132 -001 05/01/2008 ANOKA, BENTON, CHISAGO, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE, STEARNS, WASHINGTON & WRIGHT COUNTIES: Rates Fringes LABORER (Asbestos Abatement) ..... $ 28.11 10.57 ---------------------------------------------------------------- LAB00563 -005 05/01/2008 Rates Fringes Laborers: AREA 1: GROUP 1 ....................$ 27.32 10.83 GROUP 2 ....................$ 27.52 10.83 GROUP 3 ....................$ 27.67 10.83 GROUP 4 ....................$ 27.77 10.83 GROUP 5 ....................$ 28.02 10.83 GROUP 6 ....................$ 29.32 10.83 AREA 2: GROUP 1 ....................$ 26.82 10.26 GROUP 2 ....................$ 27.02 10.26 GROUP 3 ....................$ 27.17 10.26 GROUP 4 ....................$ 27.27 10.26 GROUP 5 ....................$ 27.52 10.26 GROUP 6 ....................$ 28.82 10.26 AREA 3: GROUP 1 ....................8 25.83 11.25 GROUP 2 ....................$ 26.03 11.25 GROUP 3 ....................$ 26.18 11.25 GROUP 4 ....................$ 26.28 11.25 GROUP 5 ....................$ 26.53 11.25 GROUP 6 ....................$ 27.83 11.25 AREA 4: httD: / /frwebgate. access. gpo. gov /cgi- bin/getdoe. cgi ?dbname= Davis - Bacon &docid= MN2008 ... 9/2/2009 GROUP 1 ....................$ 22.64 10.31 GROUP 2 ....................$ 22.84 10.31 GROUP 3 ....................$ 22.99 10.31 GROUP 4 ....................$ 23.09 10.31 GROUP 5 ....................$ 23.34 10.31 GROUP 6 ....................$ 24.64 10.31 AREA 1 (District 1): ANOKA, CHISAGO, DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE, WASHINGTON & WRIGHT COUNTIES AREA 2 (District 2A): ST. LOUIS COUNTY (South of T. 55 N): AREA 3 (District 2B): ST. LOUIS COUNTY (North of T. 55 N) AREA 4 (District 3A): BENTON & STEARNS COUNTIES LABORERS CLASSIFICATIONS GROUP 1: Construction; Bituminous Batcherperson (Stationary Plant); Bituminous Worker - Shoveler, Raker, Floater, Squeegee, Utility; Blaster Tender; Brick Tender; Carpenter Tender; Cement Coverperson Batch Truck; Cement Handler - Bulk, Bag; Concrete Batcherperson; Concrete Handler, Caisson, Footings, Columns, Piling, Slabs, etc.; Concrete Longitudinal Float Operator (Manual Bullfloat on Paving); Concrete Shoveler, Tamper & Puddler (Paving); Conduit Layer; Curb Setter; Damp Proofer Below Grade; Demolition of an entire Structural System, Excluding Remodeling; Drill Runner Tender; Dump Operator (Dirt, Paver, Dumping Batch Truck, etc.); Fabric Installer; Grade Checker; Hydrant & Valve Setter; Hydro Blast or Waterblaster; Joint Filler (Concrete Pavement); Kettleperson (Bituminous or Lead); Labor Wrecking Demolition; Mortar Mixer; Pipe Handler; Power Buggy Operator; Pump Operator(Less than 6 "); Retaining Wall Installation; Sand Cushion Bedmaker; Slip Lining of Utility Lines; Soil Stabilizer; Sound Barrier & Guard Rail Installation; Squeegeeperson; Stabilizing Batcherperson (Stationary Plant); Temporary Heaters & Blower Tender; Top Person (Sewer, Water or Gas Trench); Flagperson;Traffic Controller (Traffic Barriers) & Transit /Level. Laser Beam (sewer, water, gas) $1.50 above Group 1 rate. Blasting Person (Dynamite or substitute product) $3.00 above Group 1 rate. GROUP 2: Chain Saw; Compaction Equipment (Hand Operated or Remote Control); Concrete Drilling; Concrete Mixer Operator; Concrete Sawer; Concrete Vibrator; Ditch & Other Work more than 8' Below starting level of manual work; Formsetter; Joint Sawer, Mortar; Pipe Fuser /Technician; Pneumatic Tools, Jackhammer, Paving Buster, Chipping Hammer, etc.; Remote Control Demo Machine & Related Accessories (Electric /Hydraulic); Stone Tender /Mason Tender; & Torchperson - Gas, Electric, Thermal or Similar Device GROUP 3: Brick or Block Paving Setter; Caisson Work; Cofferdam Work GROUP 4: Cement Gun Operator (1 1/2" or Over); Driller - Air http: / /frwebgate. acce s s. gpo. gov /cgi- bin/getdoc. cgi ?dbname= Davis -Bacon &docid= MN2008 ... 9/2/2009 Track or Similar; a Nozzle Operator (Bonito, Sandblasting, Cement); Pipe Rehab (Including Cleaning, Relining, Camera). GROUP 5: Bottom person (Sewer, Water, or Gas zzeuoh more than O ft below starting level of manual work); Asbestos a Hazardous waste Tech; Tunnel Laborer; z000el Miner; Tunnel Miner Tender; Underground Laborer; a Underpinning GROUP 6: eipeIaIez,TooneI Miner Under greannze ________________________________________________________________ PAZN006I-004 05/01/2009 CBI8AGO, DAKOTA, RAMSEz a WASHINGTON COUNTIES Rates Fringes Painters: Brush ....................... $ 30.94 I5.60 Sandblaster; Spray; Swing Stage; Boatswain Chair/ Window Jack; Safety Belt; Erected Structural Steel; Bridges; a Application of Epoxy Materials and Materials Containing Over 50% Creosote ................ $ 31.69 I5.60 ---------------------------------------------------------------- PAI00I06-007 05/01/2008 3T. LOUIS COUNTY Rates Fringes Painters: New: Brush a Roller ............. $ 27.41 12.52 Spray, Steel, and Bridge ... $ 28.01 12.52 Repa int: Bcnab a Roller ............. $ 25.91 12.52 Spray, ________________________________________________________________ Steel, and Bridge ... $ 26.51 12.52 Paz00386-007 06/01/2008 ANOKA, HEmmEezN, SCOTT, SBERBUamE (South a East of a line drawn between the town of Santiago in Sherburne County and the town of Clearwater in Wright County) a WRIGHT COUNTIES Rates Fringes Painters: Brush a Roller .............. $ 30.65 13.99 Spray; Steel; Sandblaster; Swing Stage a Epoxy ......... $ 3I.40 13.99 ________________________________________________________________ PAIN0880-001 05/0I/2002 Rates Fringes Sign Painter ..................... $ 21.12 2.07+a+b �Mn � —__�vzn�co�uz�.uo��oo.��o��v/ . ' 2U08— 4/2/2009 FOOTNOTES: a. 8 Paid Holidays: Now Year's Day; Memorial Day; Independence Day; Labor Day/ Thanksgiving Day/ the Day After Thanksgiving; the last working Day Before Christmas; a Christmas Day b' Vacation Pay: 3 years service - 2 weeks paid vacation; 6 years service - 3 weeks paid vacation; 15 years service - 4 weeks paid vacation ________________________________________________________________ BuIm0884-004 06/01/2008 BEmT00, S8ERBDRNE (Western one-half, North a West of a line drawn between the city of Santiago in Sherburne County a the city of Clearwater in Wright County) a STEARN3 COUNTIES: Bates Fringes Painters: Brush a Roller .............. $ 24'16 II'7I PROJECTS UNDER $8,000: Receive 80% of basic hourly rate, PAINTER'S PREMIUM - $0.75 per hour additional for the following: Spray; Two Component Paints; Epoxies; Sandblasting a Rigging; work done on Swing Scaffolding, Safety Harness, Window Jacks, Boatswain's Chair, Coverings a Erection of Scaffolding for same; wnzk on Erected StzootnzaI Steel a Abrasive Blasting ---------------------------------------------------------------- PLAS0633-003 05/0I/2009 Am0KA, C8I3AGO, DAKOTA, HEmmoPZN, RAMSEY, SCOTT, 3BEoBURNE, WASHINGTON & WRIGHT COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 30'45 I6'50 ________________________________________________________________ PLA80633-0I9 05/01/2009 ST' LOUIS CO0nrz (South of T. #55 north) Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 29'63 15.45 ________________________________________________________________ PLA30633-023 05/0I/2008 ST. LOUIS CUDNrr (North of White Face Diver) Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 25.40 12.45 ________________________________________________________________ zEAm0160-00I 05/0I/2008 Rates Fringes http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MN2008... 9/2/2009 TRUCK DRIVER AREA 1: GROUP 1 ....................$ 25.15 11.80 GROUP 2 ....................$ 24.60 11.80 GROUP 3 ....................$ 24.50 11.80 GROUP 4 ....................$ 24.25 11.80 AREA 2: GROUP 1 ....................$ 24.75 11.80 GROUP 2 ....................$ 24.20 11.80 GROUP 3 ....................$ 24.10 11.80 GROUP 4 ....................$ 23.85 11.80 AREA 3: GROUP 1 ....................$ 22.95 11.80 GROUP 2 ....................$ 22.40 11.80 GROUP 3 ....................$ 22.30 11.80 GROUP 4 ....................$ 22.10 11.80 AREA 4: GROUP 1 ....................$ 19.32 11.40 GROUP 2 ....................$ 18.81 11.40 GROUP 3 ....................$ 18.66 11.40 GROUP 4 ....................$ 18.66 11.40 AREA DESCRIPTIONS AREA 1: ANOKA, CHISAGO (South of T. 34-N), DAKOTA, HENNEPIN, RAMSEY, SCOTT, SHERBURNE, WASHINGTON & WRIGHT COUNTIES AREA 2: ST. LOUIS COUNTY AREA 3: WINONA COUNTY AREA 4: BENTON, CHISAGO (North of T. 34-N) AND STEARNS COUNTIES TRUCK DRIVER CLASSIFICATIONS GROUP 1 - Boom; Mechanic; Off-Road, including Articulated Dump Truck; Tractor Trailer; Winch Truck GROUP 2 - Tri Axles (Including Four Axles) GROUP 3 - Bituminous Distributor; Bituminous Distributor (One man operation); Tandem Axles & Single Axles GROUP 4 - Bituminous Distributor Spray Operator (Rear and Oiler); Dumpman; Pilot Car; Self-propelled Packer; Slurry Operator; Tank Truck Tender (Gas, Oil, Road Oil & Water); Tractor Operator (Wheel type used for any purpose) THE FOLLOWING CLASSIFICATIONS SHALL COME UNDER THE APPROPRIATE AXLE RATE WAGE GROUP: "A" Frame; Dry Batch Hauler; Ready-Mix Concrete; Slurry; Tank (Gas, Oil, Road Oil & Water) ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Unlisted classifications needed for work not included within W htti)://frwebRate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=NIN2008... 9/2/2009 the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) interested party (those affected by the review and reconsideration from the Wage (See 29 CFR Part 1.8 and 29 CFR Part 7). is yes, then an action) can request and Hour Administrator Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative h":Hfrweb2ate. access . 2po.2ov /c�zi- bin/, ?dbname= Davis - Bacon &docid= NM2008... 9/2/2009 Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgate.access.gpo.gov/cgi-binl,getdoc.c,gi?dbname=Davis-Bacon&docid=MN2008 9/2/2009 This Page Left Blank Intentionally 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 IV 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: 2008 -10 -20 Revised: 2009 -08 -11 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building John Ireland Blvd St. Paul, MN 55155 (651) 297 -5716 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284 -5091 DLI.PrevWage @ state.mn.us 08/17/2009 LABOR CODE AND CLASS EFFECT TOTAL RATE DATE 101 LABORER, COMMON (GEN LABOR 2008 -10 -20 38.09 WRK) 13.47 39.69 25.22 2009 -05 -01 102 LABORER,SKILLED -ASST CRFT 2008 -10 -20 39.69 JRNYMN 9.62 25.88 16.91 2009 -05 -01 103 LABORER, LANDSCAPING 2008 -10 -20 38.09 26.22 2009 -05 -01 104 FLAGPERSON 2008 -10 -20 34.14 22.82 2009 -05 -01 105 WATCHPERSON 2008 -10 -20 41.09 29.22 2009 -05 -01 106 BLASTER 2008 -10 -20 40.09 28.22 2009 -05 -01 107 PIPELAYER (WATER, SEWER & GAS) 2008 -10 -20 38.79 26.92 2009 -05 -01 108 TUNNEL MINER 2008 -10 -20 38.79 26.92 2009 -05 -01 109 UNDRGRND & OPEN DITCH LABOR 2008 -10 -20 (8') 2009 -05 -01 GROUP 201 HELICOPTER PILOT 08/17/2009 BASIC FRINGE TOTAL RATE RATE RATE 25.22 12.87 38.09 26.22 13.47 39.69 25.22 12.87 38.09 26.22 13.47 39.69 16.26 9.62 25.88 16.91 10.22 27.13 25.22 12.87 38.09 26.22 13.47 39.69 21.82 12.32 34.14 22.82 12.92 35.74 28.22 12.87 41.09 29.22 13.47 42.69 27.22 12.87 40.09 28.22 13.47 41.69 25.92 12.87 38.79 26.92 13.47 40.39 25.92 12.87 38.79 26.92 13.47 40.39 30.07 14.15 44.22 30.57 15.25 45.82 2008 -10 -20 2009 -05 -01 2 202 CRANE,OVER 135' BOOM,WITHOUT JIB 203 DRGLN /SMLR,SHVL CNTRLS,3 CU YDS+ 204 PILE DRIVING,WITH 3 DRUMS IN USE 205 TOWER CRANE GROUP 2 2008 -10 -20 29.52 14.15 43.67 2009 -05 -01 30.02 15.25 45.27 206 CABLEWAY 207 CONCRETE MIXER,STATIONARY PLANT 208 DERRICK- GUY,STFLEG,PWR,SKD,IMMOV 209 DRGLN /SMLR/SHVL CNTRLS,TO 3 CYDS 210 DRDGE OR ENGINEER/POWER &ENGINEER 211 FRONT END LOADER,5 CU YDS & OVER 212 GRADER OR MOTOR PATROL 213 LOCOMOTIVE CRANE OPERATOR 214 MIXR- PAVING,ROADMOLE,CONWAY /SMLR 216 TRACTOR - BOOM TYPE 217 TRACTOR CRANE - CRAWLER CRANE 218 TUGBOAT, 100 H.P. AND OVER GROUP 3 2008 -10 -20 29.22 14.15 43.37 2009 -05 -01 29.72 15.25 44.97 219 DUAL TRACTOR 220 ELEVATING GRADER 221 PUMPCRETE 222 SCRAPER,32 CU YDS AND OVER 223 SELF PROPELLED SOIL STABILIZER GROUP 4 2008 -10 -20 29.22 14.15 43.37 2009 -05 -01 29.72 15.25 44.97 224 AIR TRACK ROCK DRILL 225 ASPHALT BITUMINOUS STABLZR PLANT 226 AUTOMATIC ROAD MACHINE(CMI/SMLR) 227 BACKFILLER OPERATOR 228 CONCRETE BATCH PLANT 229 BITUMINOUS ROLLER,8 TONS OR MORE 08/17/2009 3 230 BITUMINOUS SPREADER,FINISH (PWR) 231 CAT TRACTORS W/ROCK WAGONS /SMLR 232 CHIP HARVESTER AND TREE CUTTER 233 CONCRETE MIXER ON JOB SITE 234 CONCRETE MOBIL 235 CRUSH,WASH,SCREEN GRAVEL PLANT 236 CURB MACHINE 237 DOPE MACHINE (PIPELINE) 238 DRILL RIGS (ROTARY,CHAIN,CABLE) 239 FORK LIFT OR STRADDLE CARRIER 240 FORK LIFT OR LUMBER STACKER 241 FRONT END LOADER OVER 1 CU YD 242 HOIST ENGINEER (POWER) 243 HYDRAULIC TREE PLANTER 244 LAUNCHER,TANKER PERSON,PILOT LIC 245 LOCOMOTIVE 246 MECHANIC WELDER 247 MILL,GRIND,AND PLANE MACHINE 248 MULTIPLE MACHINES/WELD,GENS,PUMP 249 PAVE BRKR,TAMP (PWR),MIGHTY MITE 250 PICKUP SWEEP W HOPPER OF 1 CUYD+ 251 PIPELINE WRAP,CLEAN,BEND MACHINE 252 PWR PLANT ENGINEER, 100 KWH + 253 PWR HORIZONTAL BORING MACH 6" + 254 PUGMILL 255 RUBBER TIRE TRACTOR,B/HOE ATTACH 256 SCRAPER UP TO 32 CUBIC YARDS 257 SKID LDR,ICUYD+ & BACKHOE ATTACH 258 SLIP FORM (POWER DRIVEN)(PAVING) 259 TIE TAMPER AND BALLAST MACHINE 260 TRACTOR, BULLDOZER 261 TRENCHING MACH (SEWER,WATER,GAS) 262 WELL POINT INSTALLATION GROUP 5 2008 -10 -20 26.18 14.15 40.33 2009 -05 -01 26.68 15.25 41.93 08/17/2009 4 263 AIR COMPRESSOR, 600 CFM OR OVER 264 BITUMINOUS ROLLER UNDER 8 TONS 265 CNCRTE DSTRB /SPRD/FNSH,FLOAT,JNT 266 CNCRTE SAW W MULT BLADE,PWR OPER 267 FORM TRENCH DIGGER, POWER OPER 268 FRONT END LOADER UPTO INCL 1 CUYD 269 GUNITE GUNALL 270 HYDRAULIC LOG SPLITTER 271 LOADER- BARBER GREENE OR SIMILAR 272 POST HOLE DRIVING MACHINE /AUGER 273 POWER AUGER AND BORING MACHINE 274 POWER ACTUATED JACK 275 PUMP 276 SELF PROP CHIP SPRDR(FLAHERTY) 277 SHEEP FOOT COMPACTR/BLADE,200HP+ 278 SHOULDER MACH W SAND /CHIP SPRDR 279 STUMP CHIPPER AND TREE CHIPPER 280 TREE FARMER (MACHINE) 281 BTMNUS SPRDR/FINSH MACH OPR/HLPR GROUP 6 2008 -10 -20 24.97 14.15 39.12 2009 -05 -01 25.47 15.25 40.72 282 CONVEYOR 283 DREDGE DECK HAND 284 FIRE PERSON OR TANK CAR HEATER 285 GRVL SCRN PLNT- PORT,NOCRUSHIWASH 286 GREASER (TRUCK OR TRACTOR) 287 LEVER PERSON 288 OILR- SHVL,CRANE,DLINE,CRUSH,MILL 289 POWER SWEEPER 290 ROLLER ON GRAVEL COMPACTION 291 SELF PROPELLED VIBRATING PACKER 292 SHEEP FOOT ROLLER 293 TRACTOR, WHEEL TYPE,OVER 50 H.P. 294 TRUCK CRANE OILER 08/17/2009 5 GROUP 1 2008 -10 -20 25.15 11.80 36.95 301 MECHANIC - WELDER 302 TRACTOR TRAILER DRIVER 303 TRUCK DRVR,OPER HAND/PWR WINCH GROUP 2 2008 -10 -20 24.60 11.80 36.40 304 4 OR MORE AXLE,STRGHT BODY TRUCK GROUP 3 2008 -10 -20 24.50 11.80 36.30 305 BITUMINOUS DISTRIBUTOR DRIVER 306 BITUMINOUS DISTRIBUTOR -1 PERSON 307 THREE AXLE UNITS GROUP 4 2008 -10 -20 24.25 11.80 36.05 308 BITUMINOUS DISTRIBUTOR SPRAY OPR 309 DUMP PERSON 310 GREASER 311 PILOT CAR DRIVER 312 RUBBER TIRED SELF PROPELL PACKER 313 TWO AXLE UNIT 314 SLURRY OPERATOR 315 TANK TRUCK HELPER- GAS,OIL,WATER 316 TRACTOR OPERATOR, UNDER 50 H.P. 401 HEATING AND FROST INSULATORS 2008 -10 -20 37.58 17.13 54.71 2009 -06 -01 39.88 17.13 57.01 402 BOILERMAKERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE@ STATE.MN.US 403 BRICKLAYERS 2008 -10 -20 32.34 15.15 47.49 2009 -05 -01 33.94 15.15 49.09 404 CARPENTERS 2008 -10 -20 32.27 13.60 45.87 405 CARPET LAYERS (LINOLEUM) FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 08/17/2009 6 406 CEMENT MASONS 2008 -10 -20 31.05 14.30 45.35 2009 -05 -01 32.65 14.30 46.95 407 ELECTRICIANS 2008 -10 -20 34.60 21.61 56.21 408 ELEVATOR CONSTRUCTORS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 409 GLAZIERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE@ STATE.MN.US 410 LATHERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 411 GROUND PERSON 2008 -10 -20 22.54 11.30 33.84 412 IRONWORKERS 2008 -10 -20 32.80 19.42 52.22 2009 -05 -01 34.75 19.42 54.17 413 LINEMAN 2008 -10 -20 33.64 14.51 48.15 414 MILLWRIGHT 2008 -10 -20 23.00 0.88 23.88 415 PAINTERS 2008 -10 -20 29.44 15.66 45.10 2009 -05 -01 30.84 15.66 46.50 416 PILEDRIVER 2008 -10 -20 32.27 13.60 45.87 417 PIPEFITTERS - STEAMFITTERS 2008 -10 -20 27.32 8.55 35.87 418 PLASTERERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI. PRE V WAGE @ STATE.MN. US 419 PLUMBERS 2008 -10 -20 37.07 17.43 54.50 2009 -05 -01 39.47 17.43 56.90 08 {17(2009 7 420 ROOFER FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 421 SHEET METAL WORKERS 2008 -10 -20 37.10 14.66 51.76 422 SPRINKLER FITTERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 423 TERRAZZO WORKERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 424 TILE SETTERS 2008 -10 -20 30.54 16.39 46.93 425 DRYWALL TAPER FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 430 WIRING SYSTEM TECHNICIAN 2008 -10 -20 29.87 12.75 42.62 431 WIRING SYSTEM INSTALLER 2008 -10 -20 24.36 9.63 33.99 435 ASBESTOS ABATEMENT WORKER 2008 -10 -20 26.51 12.11 38.62 436 SIGN ERECTOR FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 08/17/2009 8 On June 8, 2009 the commissioner 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 by the commissioner came after Notice of Determination of Truck Rental Rates by the commissioner, including the determination of truck operating costs, was published in the State Register on March 16, 2009 and the informal conference pursuant to Afinnesota Rules, Part 5200.1105 to receive further public input prior to certification was held at the department on April 3, 2009. The operating costs were initially determined by surrey on a statewide basis and were the su bject u,ject of further input prior to certification by interested parties attending the informal conference pursuant to iWinnesota Rules, Part 5200.1105 on April 3, 2009. On the basis of this input, the department contacted truck operational cost survey respondents identified from the informal conference input or by the department as having submitted cost data far out of the normal range of all data submitted or containing obvious errors. The department received corrected data from the respondents. The department recalculated the truck operational costs based-on the corrected data received. The following recalculated truck operational costs were used by the Commissioner in making this certification of minimum truck rental rates: The operating cost for "four or more axle units, straight body trucks" was determined to be $46.81 per hour. The operating cost f or "three axle units" was determined to be $37.35 per hour. The operating cost for "tractor only" was determined to be $57.44 per hour. The operating cost far "trailer only" was determined to be $11.46 per hour. The operating cost for "tractor trailers" was determined to be $68.90 per hour. Adding the prevailing wage for drivers of these four types of trucks from each of the C) state's ten highway and heavy construction areas to the operating costs. the minimum hourly truck rental rate for the four types of trucks in each area is certified to be as follows: Tractor Trailer 4 or More Axle 3 Axle Tractor Only Region 1 105.45 68.81 62.10 93.99 Region 2 99.62 77.02 67.41 88.16 Region 3 99.62 69.31 6193 88,16 Region 4 92.45 70.36 55.85 80.99 Region 5 95.60 73.46 62.60 84.14 Region 6 84.00 75.61 71.45 72.54 Region 7 Region 8 N. 94.75 ^9 W 92.61 77.02 75.16 67.41 61.32 83.29 81.15 Region 9 105.85 83.21 73.65 -- - - ------- 9439 . .. ....... ... Region 10 94.75 77.02 67.41 83,29 The operating costs, including the average truck broker fee paid by those survey respondents who reported paying truck broker fees, and the truck rental rates may also be reviewed by accessing the department's web site at wNT,7 Questions regarding the operational costs and truck rental rates can be answered by calling {651.) 284-5091. The minimum truck rental rates certified for these four types of trucks in the state's ten highway and heavy construction areas will be effective for all highway and heavy construction projects financed in whole or part with state funds advertised for bid on or This Page Left Blank Intentionally Rev. 11/29/99 TRAFFIC • .• The following defines the United States Department of Labor's interpretation of contract labor provision coverage for employees who work for traffic control companies and /or perform traffic control duties. Non - covered Supplier Designated Duties: Employees of bona fide "Material Persons /Suppliers" are not covered. A Material Person /Supplier is limited to supply, delivery, and routine maintenance (once a week) of barricades, cones, flashers, etc. to the job site. The following functions, except as qualified in "6." below, do not come under the prevailing wage requirements of the contracts: 1. Supply and delivery of traffic control devices such as barricades, cones, barrels, flashers and signboards. 2. Routine and periodic maintenance service (usually once a week). 3. Removal of equipment from job site. 4. In connection with delivery they may drop the equipment at a central stockpile location or at various locations along the project. Employees of company may set -up the equipment as long as such set-up is by dropping barrels and cones from the back of a moving truck. 5. Maintenance would consist of inspecting and cleaning the equipment, replacing broken or lost equipment, replacing barricades knocked down or out of line, and changing light bulbs and barricades. 6. If an employee spends more than 20% of their workweek performing the above duties on a Davis -Bacon (Federal -Aid) project or other Davis -Bacon (Federal -Aid) projects, prevailing wage rates would apply for the time so spent. Page 1 of 2 Rev. 11 /29/99 Covered Contractor or Subcontractor Duties: The following functions are covered under the contract labor provisions. Any contractor performing these duties will need to be listed on a Request to Sublet form and their employees performing the duties will need to be listed on a Certified Payroll form and submitted following the appropriate procedures. Related and continuing traffic control services such as, but not limited to: 1. Moving barricades and barriers as construction work progresses. 2. Moving barricades for lane closures and changes. 3. Painting traffic lines. 4. Sandblasting to remove traffic lines. 5. Applying and removing traffic tape. 6. Setting up barrels or barricades other than those dropped from the back of a moving truck. 7. Digging postholes to erect temporary warning signs (only). 8. Erection of advance temporary warning signs. 9. Placing temporary signboards. On Federal -aid Projects (only) when there is no appropriate classification listed under either the state or federal wage determinations, a classification wage rate will be negotiated using the procedures under FHWA 1273, REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS, Part IV. PAYMENT OF PREDERTERMINED MINIMUM WAGE, Subp. 2. Classifications. Page 2of 2 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 SP2005# ITEM# DATA PAGE S -1 ARRA (AMERICAN RECOVERY AND REINVESTMENT ACT) PROJECT REQUIREMENTS................................................................................................. ..............................1 S -2 (160 1) SOURCE OF SUPPLY AND QUALITY ............................................................ ............................... 2 S -3 (1701) LAWS TO BE OBSERVED (DATA PRACTICES) ............................................. ..............................2 S -4 (1717) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT .............3 S -5 (2105) EXCAVATION AND EMBANKMENT .............................................................. ..............................4 S -6 (2123) EQUIPMENT RENTAL ........................................................................................ ..............................6 S -7 (2130) APPLICATION OF WATER ................................................................................ ..............................6 S -8 (2211) AGGREGATE BASE ............................................................................................ ..............................7 S -9 CONCRETE CURING ..................................................................................................... ............................... 8 5 -10 (2461) STRUCTURAL CONCRETE ............................................................................... ..............................9 5 -11 (2471) STRUCTURAL METALS ................................................................................... .............................12 S -12 (2573) STORM WATER MANAGEMENT .................................................................... .............................12 S -13 (2575) RAPID STABILIZATION SPECIFICATIONS ................................................... .............................12 5 -14 (3138) AGGREGATE FOR SURFACE AND BASE COURSES ................................... .............................13 I hereby Certify that the Special Provisions, Division A, B and S for the 85` Avenue Trail Project, S.P. 127- 050 -12 were prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Jason P. Quisberg, P.E. License No. 44315 Dated: August 11, 2009 MnDOT SP- i This Page Left Blank Intentionally MnDOT SP- 2 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 S -1 ARRA (AMERICAN RECOVERY AND REINVESTMENT ACT) PROJECT REQUIREMENTS Revised 05112109 The Contractor is hereby advised that this Project is funded in part by ARRA (American Recovery and Reinvestment Act). As a result, it is subject to additional requirements. S -1.1 In addition to any and all other reporting requirements of other sections of this Contract, the following will apply: The Prime Contractor will be required to enter all required reporting information into an online database. Access to the database will be granted to the Contractor as details of the requirements are distributed by the Federal Highway Administration (FHWA). Each monthly report will be required to be completed by the 10` of the following month. The Prime Contractor at a minimum will be required to report the following: Prime Contractor DUNS number, a nine -digit number issued by Dun & Bradstreet along with the following Employment data. The Prime Contractor will report their workforce and the workforce of their subcontractors active during the reporting month. These jobs data include employees actively engaged in the Project who work on the jobsite, in the Project office, in the home office or telework from a home or other alternative office location. This also includes any engineering personnel, inspectors, sampling, and testing technicians, and lab technicians performing work directly in support of this Project. This does not include material suppliers such as steel, culverts, guardrail, and tool suppliers. The form requests specifically: a. Subcontractor name: The name of each subcontractor or sub - consultant that was active on the Project for the reporting month. b. Employees: The number of employees for the Contractor and subcontractor's workforce for the reporting month. Do not include material suppliers. c. Hours: The total hours for all employees for the Contractor and subcontractor's workforce for that reporting month. d. Payroll: The total dollar amount of wages paid by for the Contractor and subcontractor's workforce. Payroll only includes wages and does not included overhead or indirect costs. e. Subcontractor payment amount: The total dollar amount paid to each Contractor and subcontractor. The Contractor shall be current with the monthly reports before partial estimates are paid. The costs of providing the required reports shall be incidental to the Contract as a whole. S -1.2 Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 provides the U.S. Comptroller General and his representatives with the authority to: (1) to examine any records of the Contractor or any of its subcontractors, or any State or local agency administering such Contract, that directly pertain to, and involve transactions relating to, the Contract or subcontract; and (2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State or local government agency administering the Contract, regarding such transactions." MnDOT SP- 1 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under the ARRA. Section 902 further states that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. S -1.3 Section 1515(a) of the ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this Contract. The Contractor is advised that representatives of the inspector general have the authority to examine any record and interview any employee or officer of the Contractor, its subcontractors or other firms working on this Contract. Section 1515(b) further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general. S -2 (1601) SOURCE OF SUPPLY AND QUALITY The provisions of Mn/DOT 1601 are supplemented as follows: The Contractor will furnish and use only steel and iron materials manufactured in the United States in executing the work under this Contract, in conformance with the provision of the U.S. Code of Federal Regulations 23CFR635.410. Domestic products taken out of the United States for any process (e.g. change of chemical content, permanent shape or size, or final finish of product) shall be considered foreign source materials. All bids must be based on furnishing domestic iron and steel, which includes the application of the coating, except where the cost of iron and steel materials incorporated in the work does not exceed one -tenth of one percent of the total Contract cost or $2,500.00, whichever is greater. The state may approve the use of foreign iron and steel materials for particular Contract items, provided the bidder submits, a stipulation identifying the foreign source iron and /or steel product(s) and the estimated invoice cost of the product(s), for one or more of the Contract bid items. Each stipulation shall be made on the "Stipulation for Foreign Iron or Steel Materials" form which shall be submitted with the Contractor's proposal. If the Contractor chooses to use ANY non - domestic iron or steel, the Contractor must submit a stipulation with the proposal. Prior to completing work the Contractor shall submit to the Engineer a certification stating that all iron and steel items supplied are of domestic origin, except for non - domestic iron and steel specifically stipulated and permitted in accordance with the paragraph above. S -2.1 Source of Suppl anduality Mn/DOT 1604 is supplemented as follows: All costs of shop inspection at plants outside the United States shall be borne by the Contractor. Such costs shall be deducted from monies due or to become due the Contractor. S -2.2 Partial Payment All provisions for partial payments shall apply to domestic materials only. No payments shall be made to the Contractor for materials manufactured outside of the United States until such materials have been delivered to the job site. S -3 (1701) LAWS TO BE OBSERVED (DATA PRACTICES) The provisions of Mn/DOT 1701 are supplemented with the following: S -11 Bidders are advised that all data created, collected, received, maintained, or disseminated by the Contractor and any subcontractors in performing the work contained in this Contract are subject to the requirements of MN Statute Chapter 13, the Minnesota Government Data Practices Act (MGDPA). The Contractor shall comply with the requirements of the MGDPA in the same manner as the Department. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the Department, except as required by the terms of the Contract. MnDOT SP- 2 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 S -4 (1717) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT Pollution of natural resources of air, land and water by operations under this Contract shall be prevented, controlled, and abated in accordance with the rules, regulations, and standards adopted and established by the Minnesota Pollution Control Agency (M.P.C.A.), and in accordance with the provisions of Mn/DOT 1717, 1803.5 and the following: S-4.1 Minnesota Pollution Control Agency General Permit, Authorization to Discharge Storm Water A. The Contractor shall furnish, install and maintain temporary and permanent erosion and sediment control devices in accordance with the provisions of 2105.5, 2573, 2575, as shown in the Plans, in accordance with the provisions of the Special Provisions Attachment "Minnesota Pollution Control Agency General Permit, Authorization to Discharge Storm Water ", and the following: The City of New Hope has applied for and received coverage under the above mentioned permit by signing both the Owner's and Contractor's certification blanks on the permit application. The City shall retain a photocopy of the original permit application. Upon award of the Contract, the City and the Contractor shall execute the Storm Water Permit Transfer/Modification Application form (attached to these Special Provisions) and submit it along with a photocopy of the original application to the Minnesota Pollution Control Agency. The Minnesota Pollution Control Agency, upon receipt of the Storm Water Permit Transfer Modification Application, will amend it to the original permit application thereby making both the City and the Contractor co- permittees for the requirements of the General Permit, "Authorization to Discharge Storm Water." B. There is no fee for the transfer of the permit. Work may not begin until all transfer permit forms are signed and dated and the contractor identifies by name a person knowledgeable and experienced in the application and implementation of the Storm Water Pollution Prevention Plan, and has developed a chain of responsibility for all operators (subcontractors) on the site, in accordance to Part IILA. l of the General Permit. C. The Contractor shall be solely responsible for complying with the requirements of General Permit where Contractor is referenced in Part II.B.2: Permittee(s) for Parts 11.13, II.0 and IV. The Contractor shall be responsible for providing all inspections, documentation, record keeping, maintenance, remedial actions, repairs required by the permit. All inspections, maintenance, and records required in the General Permit Part IV.E, Inspections and Maintenance, shall be the sole responsibility of the Contractor. The word "Permitee" in these referenced paragraphs shall mean "Contractor ". Standard forms for logging all required inspection and maintenance activities shall be used by the Contractor. All inspection and maintenance forms used on this Project shall be turned over to the Engineer every two weeks for retention in accordance with Part IV.E, Inspections and Maintenance of the permit. The Contractor shall have all logs, documentation, inspection reports on site for Engineer's review and shall post the permit on site. The Contractor shall immediately rectify any shortcomings noted by the Engineer. All meetings with the MPCA, Watershed District, WMO, or any local authority shall be attended by both the Engineer and the Contractor or their representatives. No work required by said entities, and for which the Contractor would request additional compensation, shall be started without approval from the Engineer. No work required by said entities and for which the changes will impact the design or requirements of the Contract documents or impact traffic shall be started without approval from the Engineer. MnDOT SP- 3 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 The Contractor shall immediately notify the Engineer of any site visits by Local Permitting Authorities performed in accordance with Part V.H, Inspection and Entry. D. If the Contractor fails to perform the requirements as listed herein, the Engineer will issue a Work Order detailing the required action. The Contractor shall start the required action within twenty -four (24) hour of receipt of the Work Order and continue the required action until the Project is brought into compliance with the permit. Failure to perform the required action as specified, shall subject the Contractor to a $1000 /calendar day deduction. The Contractor shall review and abide by the instructions contained in the permit package. The Contractor shall hold the City harmless for any fines or sanctions caused by the Contractor's actions or inactions regarding compliance with the permit or erosion control provisions of the Contract Documents. S -5 (2105) EXCAVATION AND EMBANKMENT Roadway excavation and embankment construction shall be performed in accordance with the provisions of Mn/DOT 2105, except as modified below: S -5.1 Mn/DOT 2105.2A2 Rock Excavation is revised to read as follows: Rock excavation shall consist of all materials that cannot, in the Engineer's opinion, be excavated without drilling and blasting or without the use of rippers, together with all boulders and other detached rock each having a volume of 1 cubic meter (1 cubic yard) or more, but exclusive of those quantities that are to be paid for separately under the item of rock channel excavation. S -5.2 The last paragraph in Mn/DOT 2105.313 Preparation of Embankment Foundation, is revised to read as follows: Before backfilling depressions within the roadway caused by the removal of foundations, basements, and other structures, the Contractor shall enlarge the depressions as directed by the Engineer. S -5.3 The first and second sentences in the second paragraph in Mn/DOT 2105.31) Disposition of Excavated Material, are revised to read as follows: When the soils are so varied that selection and placement of uniform soils is not practical, the Contractor shall use disks, plows, graders or other equipment to blend and mix suitable soils to produce a uniform soil texture, moisture content and density; except that, all soils that contain 20 percent or more particles passing the 75 um ( #200) sieve shall be blended, mixed and dried with a disk, within the entire upper 2 meters (6 feet) of embankment. The disk shall meet the requirements of 2123 N, Disk Harrow. A disk is also to be used below the upper 2 meters (6 feet) of the embankment fill area, if in the opinion of the Engineer, the Contractor is not producing a uniform soil texture. S -5.4 The fifth paragraph in Mn/DOT 2105.31) Disposition of Excavated Material, is revised to read as follows: Peat, muskeg, and other unstable materials that are not to be used in the roadbed embankments shall be deposited in the areas indicated in the Plans or elsewhere as approved by the Engineer. All other material that is considered unsuitable for use in the upper portion of the roadbed shall be placed outside of a 1:1 slope down and outward from the shoulder lines on fills under 10 in (30 feet) in height or outside of a I vertical to 1.5 horizontal slope down and outward from shoulder lines on fills over 10 in (30 feet) in height, or used to flatten the embankment slopes, or disposed of elsewhere as approved by the Engineer. MnDOT SP- 4 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 S -5.5 The second sentence in the eighth paragraph of Mn/DOT 2105.31) Disposition of Excavated Material, is revised to read as follows: No stones exceeding 150 mm (6 inches) in greatest dimension will be permitted in the upper 1 in (3 feet) of the roadbed embankment. S -5.6 The fourth to last paragraph in Mn/DOT 2105.31) Disposition of Excavated Material, which begins with "All combustible debris materials (stumps, roots, logs, brush, etc.) together with all..." is hereby deleted and replaced with the following: All noncombustible materials other than soils (oversized rock, broken concrete, metals, plastic pipe, etc.) shall be disposed of in accordance with 21043C. S -5.7 The ninth paragraph of Mn/DOT 2105.5 is hereby deleted and replaced with the following: If the Proposal fails to include a bid item for rock excavation or rock channel excavation, and material is uncovered that is so classified, excavation of the rock will be paid for separately at the Contract price for common excavation or common channel excavation, plus an additional $26.00 per cubic meter ($20.00 per cubic yard). If no bid item is provided for common channel excavation, excavation of materials classified as rock channel excavation will be paid for at the Contract price for common excavation plus an additional $28.00 per cubic meter ($21.50 per cubic yard). Such stipulated prices for rock excavation will apply up to a maximum of 200 m3 (260 cubic yards) of excavation per item or to such quantity as may be performed by mutual consent prior to execution of an Extra Work agreement. S -5.8 The twelfth paragraph of Mn/DOT 2105.5 is hereby deleted and replaced with the following: (a) That portion of the additional excavation that is removed from below a plane parallel to and 5 in (15 feet) below the natural ground surface will be measured in 2 in (5 foot) depth zone increments and paid for separately at adjusted unit prices. The adjusted unit price will be equal to the Contract bid price for muck excavation plus $0.39 per cubic meter ($0.30 per cubic yard) for the additional excavation within the 5 -7 in (15 -20 foot) depth zone and an additional $0.26 per cubic meter ($0.20 per cubic yard) for each additional 2 in (5 foot) increment of depth beyond 7 in (20 feet). S -5.9 No compensation will be made for the construction of the impervious soil seals. S -5.10 Excess soils and rock not used on the Project shall become the property of the Contractor and shall be disposed of outside of the Right of Way. No direct compensation will be paid for the preparation of an acceptable Disposal Plan or for Off - Project disposal of excess materials. Disposal sites shall be left in a well graded condition with all solid wastes and boulders adequately covered. S -5.11 No disposal shall occur in those areas defined below as "environmentally sensitive" unless the Contractor can document that: 1) non - sensitive areas are not available; or that 2) the material can be used to benefit an "environmentally sensitive" area. All necessary permits for the disposal operations shall be obtained by the Contractor and approval from the appropriate State and Federal Agencies shall be included in the Contractor's Disposal Plan. (A) No disposal shall occur in the following "environmentally sensitive" area: (1) Wetlands, as described in "Wetlands of the United States " , Circular 39, published by the U.S. Department of Interior, Fish and Wildlife Service; (2) 100 -year frequency flood plains; (3) Archaeological or historic sites — See Section S -1701 (LAWS TO BE OBSERVED (CULTURAL RESOURCES)) of these Special Provisions for specific requirements; MnDOT SP- 5 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 (4) Areas with stability or settlement problems; (5) Areas with artesian conditions; (6) Unique animal or plant communities; (7) Landscapes or geologic formations with exemplary, unique, rare or threatened/endangered characteristics. (B) Any environmentally sensitive areas shown in the Plan are approximate only. If it is anticipated that said areas may be affected by disposal site usage and/or any of the Contractor's operations, the Engineer will determine exact limits on an "as needed basis ". (C) Prior to the disposal of any excess grading materials, concrete rubble, bituminous materials, or any other materials requiring disposal, the Contractor shall have on file a written Disposal Plan with written approval by the Engineer. The written Disposal Plan must reflect not only the above requirements, but also the following points: Conference. (1) That legal permission from the property owner has been obtained; (2) That all required local and county disposal permits have been obtained; (3) That the MPCA has reviewed and granted permits as necessary for solid waste disposal; (4) That the disposal area and Plan meet with requirements of the U.S. Fish and Wildlife Service as noted in Executive Order 11990 and Circular 39, as verified by field review. In this regard, the Contractor shall give notice sufficient to permit the Engineer and a representative from the Mn/DOT Office of Environmental Services to conduct a site review; and (5) That the limits of the disposal area will be staked by the Contractor so as to accommodate the site review and aid the Contractor in limiting disposal operations so that encroachments do not inadvertently occur. The Contractor is required to present his/her Disposal Plan in detail at the Pre - construction S -5.12 Bidders are advised that Mn/DOT 2105.5 regarding Muck Excavation is modified to the extent that Contract unit prices for muck excavation will not be adjusted for excavation at depths of 4.5 in [15 feet] or more below the natural ground surface. S -6 (2123) EQUIPMENT RENTAL The provisions of Mn/DOT 2123 are modified and/or supplemented with the following: S -6.1 The following is added to Mn/DOT 2123.3 SPECIFIC REQUIREMENTS: N Disk Harrow The disk harrow shall be of sufficient size and mass to manipulate the soils to a depth of approximately 300 mm [12 inches] and shall meet the approval of the Engineer. S -6.2 The following is added to Mn/DOT 2123.5 BASIS OF PAYMENT: 2123.610 Disk Harrow .......................................... ...................:........... ...........................hour S -7 (2130) APPLICATION OF WATER The provisions of Mn/DOT 2130 are modified as follows: S -7.1 The third paragraph of Mn/DOT 2130.5 is hereby deleted and the following substituted therefore: Water applied by order or approval of the Engineer for dust control will be paid for at a unit price of $5.45 per cubic meter ($20 per 1000 gallons) in the absence of the Contract bid Item 2130.501. MnDOT SP- 6 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15109 S -8 (2211) AGGREGATE BASE Aggregate base courses shall be constructed in accordance with the provisions of Mn/DOT 2211 except as modified below: 5 -8.1 Compaction shall be achieved by the "Quality Compaction Method" described in Mn/DOT 2211.3C. 5 -8.2 The second sentence in Mn/DOT 2211.1 Description, is revised to read as follows: The aggregate base shall be produced and placed under the Contractor's quality control program in accordance with the Mn/DOT Grading and Base Manual. 5 -8.3 The last paragraph in Mn/DOT 2211. 3C2 Quality Compaction Method, is revised to read as follows: The Engineer may elect to perform density tests as shown in the Mn/DOT Grading and Base Manual, as needed to assist inspection. The actual density obtained by testing the aggregate base must meet or exceed the requirements shown in 2211.3C1 Specified Density or 2211.30 Penetration Index Method in order to be acceptable. 5 -8.4 The first sentence in Mn/DOT 2211.3FI Gradation Control, is revised to read as follows: The Contractor and/or aggregate producer shall be responsible for maintaining a gradation control program in accordance with the random sampling acceptance method described in the Mn/DOT Grading and Base Manual. 5 -8.5 Mn/DOT 2211.3F2(d) under Acceptance Testing is hereby deleted and replaced with the following: (d) Samples for gradation testing will be taken randomly by the Engineer prior to compaction, in accordance with the random sampling method described in the Grading and Base Manual. 5 -8.6 Mn/DOT 2211.3F20) under Acceptance Testing, is revised to read as follows: (j} One gradation sample will be taken from each sublot and tested. Payment will be based on the average results from the four sublot samples for each specified sieve. 5 -8.7 The third paragraph after Mn/DOT 2211.3F2(k) under Acceptance Testing, is revised to read as follows: A 5% price reduction will be assessed to both individual or averaged test lots for each test result that fails to meet specified gradations for sieve sizes not listed in Tables 2211 -B and 2211 -C by more than 2 %. These price reductions are cumulative and shall be analyzed both separately and averaged by lot when applicable. MnDOT SP- 7 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 S -8.8 Table 2211 -B in Mn/DOT 2211.3F2 Acceptance Testing, is hereby deleted and replaced with the following: Table 2211 -B AGGREGATE BASE PAYMENT SCHEDULE (4 Sublots /4 Samples) % Passing Outside Specified Limits* 4.75 mm ( #4), 2.00 mm ( #10), 75 gm ( #200) Sieve Acceptance and 425 gm (# 40) Schedule Sieves (Price Reduction) 1 0.1 5% ------- - - - - -- 0.2 6% ------- - - - - -- 0.3 9% ------- - - - - -- 0.4 11% ------- - - - - -- 0.5 14% 2 0.6 15% > 2 > 0.6 Corrective Action *Based on average of 4 tests Price reductions for more than one failing sieve size shall be cumulative. The compensation due to the Contractor for the quantity of material represented by the failing test results shall be reduced by the sum of the respective percentages. The contractor does not have the option of taking a price reduction in lieu of complying with the Specifications. S -8.9 The following is added to Table 2211 -C in Mn/DOT 2211.31 Acceptance Testing: Substantial compliance will be applied to no more than one test failure. Substantial compliance will be eliminated when two or more test failures occur and test failures meeting substantial compliance will be subject to the next higher price reduction. One sieve failure = one test failure. Test failures for each material type will be treated separately. S -8.10 The following is added to Table 2211 -D in Mn/DOT 2211.3172 Acceptance Testing: Substantial compliance will be applied to no more than one test failure. Substantial compliance will be eliminated when two or more test failures occur and test failures meeting substantial compliance will be subject to the next higher price reduction. Test failures for each material type will be treated separately. S -9 CONCRETE CURING Mn/DOT specifications: 2301.3M2, 2401.3G, 2404.3C3, 2521.30b, 2531.3G2 are hereby modified to include the following provision: The Contractor shall place all types of membrane cure material homogeneously to provide a uniform solid white opaque coverage on all exposed concrete surfaces (equal to a white sheet of typing paper). The membrane cure shall be placed within 1 /2 hour of concrete placement or once the bleed water has disappeared unless otherwise directed by the Engineer. Failure to comply with these provisions will result in a price reduction for the concrete item involved in accordance with Mn/DOT 1503. Mn ➢OT SP- 8 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 Exception: Specific Mn/DOT approved alpha methyl styrene curing membranes may have a base color (i.e. yellow) that cannot comply with the above requirement. In this case, the color shall be of a uniform solid opaque consistency meeting the intent of the above requirement. S -10 (2461) STRUCTURAL CONCRETE The provisions of Mn/DOT 2461 are modified in accordance with the following: S -10.1 The following is inserted after the second paragraph of Mn/DOT 2461.4D7a: If the distance of the Certified Plant from the point of placement does not allow delivering the concrete in compliance with 2461.4136, the Contractor may supply concrete from a non - certified source provided less than 20 cubic meters (yards) of Agency concrete is produced each day and a handwritten Certificate of Compliance Form TP 00042 is provided. S -10.2 The sixth paragraph of Mn/DOT 2461.4D7d is hereby deleted and the following inserted therefore: Agency Plant Monitors shall observe the actual water batched on a minimum of one load of concrete each time a verification (audit) gradation is collected. This observation includes: watching the ready -mix truck reverse the drum after washing to remove all wash water, checking to verify that an accurate moisture test is utilized during batching, confirming that the water measuring device is providing accurate data, and verifying that any additional water added to adjust the slump is recorded. It is extremely important that the actual water is verified since the durability of the concrete depends on maintaining a low water- cement ratio The Agency Plant Monitor shall document the actual water batched on the Weekly Certified Ready Mix Plant Report (Mn/DOT Form 24143) and submit to the Concrete Engineering Unit with the Weekly Concrete Report (Mn/DOT Form 2448). S -10.3 Mn/DOT 2461.4A4a and 2461.3133 are hereby deleted and the following inserted therefore: 4A4a Water Content Water content of the concrete shall be the minimum that will produce the desired consistency. The water content shall consist of the free water carried by the aggregate plus the water added at the mixer, and may also include the water used in making extremely dilute admixture solutions. The Engineer will test the concrete for consistency as often as may be necessary during the progress of the work. The Department reserves the right to reject any concrete batch the consistency of which is outside of the slump range as listed in Table 2461 -2. When any test shows the slump to be in excess of the upper limit of the slump range, the concrete represented by that test will be rejected unless adjustments satisfactory to the Engineer are made in the concrete prior to use. The Contractor shall adjust the slump within the allowable range to optimize both placement and finishing. (1) Concrete without water reducer When not using a Mn/DOT approved Type A water reducer at the manufacturer's recommended dosage rates listed on the Mn/DOT Concrete Unit Website, the values for the slump shall meet the range as specified below in Table 2461 -2 for a slump range without water reducer. No tolerances shall be applied to the slump range. MnDOT SP- 9 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 (2) Concrete with water reducer When using an approved Type A water reducer at the manufacturer's recommended dosage rates listed on the Mn/DOT Concrete Unit Website, the values for the slump shall meet the range as specified below in Table 2461 -2 for a slump range with water reducer. No tolerances shall be applied to the slump range. TABLE 2461 -2 SLUMP RANGE DESIGNATION If unusual placement conditions are encountered in the work that renders the specified consistency unsuitable, contact the Concrete Unit. The Concrete Unit will provide mix composition modifications to provide the desired change in consistency while maintaining the other specified properties of the concrete mix. The addition of water only, for the purpose of temporarily facilitating the placement of concrete under such unusual conditions, will not be permitted. Concrete Placed by the Slip -Form Method Providing the concrete does not slough, is adequately consolidated and meets all other requirements, the Contractor may place the concrete at a slump value that optimizes placement for that designated mixture. Non Conformance Material not meeting requirements shall not knowingly be placed in the work. The Contractor does not have the option of taking a price reduction in lieu of complying with the Specifications. Should any non - conforming material be inadvertently placed in the work, it will not be accepted for payment at Contract prices but will be subject to the following tables governing acceptance and payment provided the material was placed to the satisfaction of the Engineer. Otherwise the determination will be made according to other procedures addressed in 1503. The price reduction will represent only the quantity of material represented by the sample and actually used. MnDOT SP- 10 Slump Range Slump Range Slump Designation Without Water With Water Reducer Reducer 12 -25 mm 12 -25 mm 1 1/2 -1 inch 1/2 -1 inch 25 -50 mm 25 -75 mm 2 1 -2 inches 1 -3 inches 25 -75 mm 25 -100 mm 3 1 -3 inches 1 -4 inches 50 -100 mm 50 -125 mm 4 2 -4 inches 2 -5 inches 50 -125 mm 50 -150 mm 5 2 -5 inches 2 -6 inches 75 -150 mm 75 -175 mm 6 3 -6 inches 3 -7 inches If unusual placement conditions are encountered in the work that renders the specified consistency unsuitable, contact the Concrete Unit. The Concrete Unit will provide mix composition modifications to provide the desired change in consistency while maintaining the other specified properties of the concrete mix. The addition of water only, for the purpose of temporarily facilitating the placement of concrete under such unusual conditions, will not be permitted. Concrete Placed by the Slip -Form Method Providing the concrete does not slough, is adequately consolidated and meets all other requirements, the Contractor may place the concrete at a slump value that optimizes placement for that designated mixture. Non Conformance Material not meeting requirements shall not knowingly be placed in the work. The Contractor does not have the option of taking a price reduction in lieu of complying with the Specifications. Should any non - conforming material be inadvertently placed in the work, it will not be accepted for payment at Contract prices but will be subject to the following tables governing acceptance and payment provided the material was placed to the satisfaction of the Engineer. Otherwise the determination will be made according to other procedures addressed in 1503. The price reduction will represent only the quantity of material represented by the sample and actually used. MnDOT SP- 10 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5 /15/09 When concrete is a minor component of the Item Unit Bid Price such as concrete for sign posts, the Engineer will base any price reductions on a concrete price of $80.00 per cubic yard. Otherwise, the Contractor may remove and replace the concrete or comply with the following: GENERAL CONCRETE* *Below slump range Pay at 95 % of the Unit Bid Price for the concrete represented Up to 12 mm (1/2 inch) provided the material is satisfactorily placed Up to 40 mm (1 -1/2 inch) Pay at 75 % of the Unit Bid Price for the concrete represented over slump range provided the material is satisfactorily placed 45 mm— 55 mm Pay at 50 % of the Unit Bid Price for the concrete represented (1 -3/4 inch — 2 -1/4 inch) provided the material is satisfactorily placed over slump range No Pay - Contact Concrete Unit for recommendation >55 mm (2 -1/4 inch) Pay at 25 % of the Unit Bid Price for the concrete represented over the slump range provided the material is satisfactorily laced *If piling or footing concrete is placed below the slump range, a price reduction of $104.00 per cubic meter ($80.00 per cubic yard) will apply to the concrete represented by the slump test. See Concrete Placed by the Slip -Form Method above (No price reduction for low slump provided the concrete is adequately placed). BRIDGE DECK CONCRETE Below slump range Pay at 95 % of the Unit Bid Price for the concrete represented Up to 12 mm (1/2 inch) provided the material is satisfactorily laced Up to 40 mm (1 -1/2 inch) Pay at 75 % of the Unit Bid Price for the concrete represented over s mp range provided the material is satisfactorily laced >40 mm (1 -1/2 inch) Pay at 25 % of the Unit Bid Price for the concrete represented over s ump range provided the material is satisfactorily placed LOW SLUMP BRIDGE DECK CONCRETE 12 mm to 25 mm (1/2 inch to 1 inch) specified Below slump range No deduction if material is satisfactorily laced Up to 12 mm (1/2 inch) Pay at 50% of unit bid price for the concrete item represented over slump range provided the material is satisfactorily laced >12 mm up to 20 mm No Pay at the unit bid price for the concrete item represented (1/2 inch. up to 3/4 inch) provided the material is satisfactorily placed over slump range >20 mm (3/4 inch) over the No Pay - Contact Concrete Unit for recommendation slump range LOW SLUMP CONCRETE - PATCHING 12 mm to 25 mm (1/2 inch to 1 inch) specified Below slump range No deduction if material is satisfactorily place Up to 12 mm (1/2 inch) Pay at 75% of unit bid price for the concrete item represented above the slump range provided the material is satisfactorily laced ?20 mm (3/4 inch) above the Pay at 25% of unit bid price for the concrete item represented slump range provided the material is satisfactorily placed MnDOT SP- 11 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 S -10.4 Mn/DOT 2461.4A4b shall be modified with the following: The air content for all paving grade concrete shall be 7.0 percent plus or minus 1.5 percent. The air content shall be measured after placement on the grade but before consolidation. 2461.4A4b shall be adjusted accordingly based on the 7.0 percent target value. S -11 (2471) STRUCTURAL METALS The provisions of Mn/DOT 2471 are modified with the following: S-.1 Delete the fourth paragraph of Mn/DOT 2471.3A2 and substitute the following: The Contractor /Fabricator performing coating application must demonstrate qualification by obtaining the AISC Sophisticated Paint Endorsement (SPE), the SSPS QP Certification, or a Quality Control Plan (QCP) that is acceptable to the Engineer. S-.2 Add the following to Mn/DOT 2471.3E1 as the first paragraph: Steel plates and splice plates for major structural components shall be cut and fabricated so that the primary direction of rolling is parallel to the direction of the main tensile or compressive stresses. S-3 Add the following as Mn/DOT 2471.3G1: G1 Fracture Critical Welder Qualifications Fracture Critical Welder Qualifications shall be in accordance with AASHTO /AWS D1.5 -Bridge Welding Code. Annual requalification shall be based upon acceptable radiographic test results of either a production groove weld or test plate. If a welder is requalified by test, a WPS written in accordance with the requirements of D 1.5, shall be used and the test plate shall be as shown in Figure 5.24. The WPS shall be included in the Fabricators QCP. S- A Add the following to Mn/DOT 2471.3N1: Work that is not performed in accordance with the suppliers approved QCP shall be subject to rejection in accordance with 1512. S -12 (2573) STORM WATER MANAGEMENT This work will be done in accordance with the applicable Standard Specifications, these Special Provisions and the following: S- MEASUREMENT AND PAYMENT Providing the Erosion Control Supervisor for this Contract shall be considered incidental work for which no direct payment will be made. S -13 (2575) RAPID STABILIZATION SPECIFICATIONS This work shall consist of operations necessary to rapidly stabilize small critical areas, to prevent off site sedimentation and/or to comply with permit requirements. The work may be performed at any time during the Contract and will be conducted on small areas that may or may not be accessible with normal equipment. This work shall be done in accordance with the applicable Mn/DOT Standard Specifications, the details shown in the Plan, and the following: MnDOT SP- 12 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 S -13.1 BASIS OF PAYMENT In the absence of a Contract bid price, the Department will pay the following unit prices for Rapidly Stabilizing Small Scattered Critical Areas directly abutting Waters of the State during rough grading and as required in the NPDES permit. These unit prices shall be construed to include mobilizations for this activity. Rapid Stabilization Pre - Approve Prices Method 1 $900 /ha ($400 /acre) Approved price reflects small quantities. Quantities installed per Project visit are assumed to require approximately 0.4 to 0.8 ha [1 to 2 acres] of coverage. Method 2 $2220/ha ($898 /acre) Approved price reflects small quantities. Quantities installed per Project visit are assumed to require approximately 0.4 to 0.8 ha [1 to 2 acres] of coverage. Method 3 $149.50/m ($5661M Approved price reflects small quantities. Quantities installed gallon) per Project visit are assumed to require approximately 11.4 to 34 m 13000 to 9000 gallons] of product slurry. Method 4 $3.00 /m ($2.50 /SY) Approved price reflects small quantities. Quantities installed per Project visit are assumed to require approximately 150 to 650 m [200 to 800 SY] of coverage. Method 5 $48.60 /metric ton Approved price reflects small quantities. Quantities installed ($45 /ton) per Project visit are assumed to require approximately 9 to 18 metric tons [10 to 20 tons] of ri ra . S -14 (3138) AGGREGATE FOR SURFACE AND BASE COURSES The provisions of Mn/DOT 3138 are hereby modified as follows: S -14.1 The second paragraph of Mn/DOT 3138.213 Gradation Tables 3138 -1 and 2, is revised to read as follows: If Class 7 is substituted for Classes 1, 3, 4, 5, or 6, it shall meet the gradation requirements of the substituted class (Table 3138 -1); except that, for Class 5 and 6, up to 5 percent by mass (weight) of the total composite mixture may exceed 25.0 mm (1 inch) sieve but 100 percent must pass the 37.5 mm (1.5 inch) sieve. Surfacing aggregate mixtures containing salvaged materials shall meet the gradation requirements of the materials specified in the Plan. All gradations will be run on the composite mixture before extraction of the bituminous material. S -14.2 TABLE 3138 -1 in Mn/DOT 3138.213 Gradation Tables 3138 -1 and 2, is hereby deleted and replaced with the following: MnDOT SP- 13 SPECIAL PROVISIONS - SP2005BOOK JUNE 30, 2006 Last Revision 5/15/09 TABLE 3138 -1 BASE AND SURFACING AGGREGATE Total Percent Passing (A) When salvaged materials are substituted for another class of aggregate, it shall meet the gradation requirements of the class being replaced except as amended in 3138.2 B. (B) The gradation requirements for aggregates containing 60% or more crushed quarry rock may be amended with the concurrence of the Project Engineer and the Grading and Base Engineer. S -14.3 The fifth paragraph of Mn/DOT 3138.3 Sampling and Testing, is revised to read as follows: The stockpile shall be sampled at the rate of one field gradation test per 1,000 metric tons (tons) of aggregate used on the Project. MnDOT SP- 14 Class Class Class Class Class Class Sieve 1 2 3 4 5 6 Size (A) (A) (A) (A) (B) (A) (B) 75 mm 3 inches -- -- -- -- -- -- 50 mm 100 100 -- -- 2 inches 37.5 mm 1 V2 inches) -- -- -- -- -- -- 25.0 mm 1 inch -' "" -- -- 100 100 19.0 mm 100 100 -- -- 90 -100 90 -100 3/4 inch 9.5 mm 65 -95 65 -90 -- -- 50 -90 50 -85 3/8 inch) 4.75 mm 40 -85 35 -70 35 -100 35 -100 35 -80 35 -70 (No. 4) 2.00 mm 25 -70 25 -45 20 -100 20 -100 20 -65 20 -55 o. 10) 425 µm 10 -45 12 -30 5 -50 5 -35 10 -35 10 -30 (No. 40) 75 µm 8.0 -15.0 5.0 -13.0 5.0 -10.0 4.0 -10.0 3.0 -10.0 3.0 -7.0 o. 200 (A) When salvaged materials are substituted for another class of aggregate, it shall meet the gradation requirements of the class being replaced except as amended in 3138.2 B. (B) The gradation requirements for aggregates containing 60% or more crushed quarry rock may be amended with the concurrence of the Project Engineer and the Grading and Base Engineer. S -14.3 The fifth paragraph of Mn/DOT 3138.3 Sampling and Testing, is revised to read as follows: The stockpile shall be sampled at the rate of one field gradation test per 1,000 metric tons (tons) of aggregate used on the Project. MnDOT SP- 14 S.P. STIPULATION FOR FOREIGN IRON OR STEEL MATERIALS In accordance with 1601 of these Special Provisions, the Contractor must submit a bid based on supplying material(s) that have been melted and manufactured in the United States, except where the cost of the iron and steel products incorporated in the work does not exceed one tenth of one percent of the total project cost, or $2,500.00, whichever is greater. The Contractor must submit a stipulation for supplying ANY foreign iron or steel materials in accordance with the U.S. Code of Regulations 23CFR635.410 and the requirements of 1601. The line entry must show the pay item number, a description of the foreign steel product, the estimated quantity, and the estimated invoice price. DESCRIPTION OF FOREIGN ESTIMATED ESTIMATED PAY ITEM NO. STEEL OR IRON PRODUCT QUANTITIES IN`'OICE PRICE OR COMPONENT Total Estimated Invoice Price = Percent of Total Bid Price = Contractor Name: Vendor Number: If Applicable: This form must be submitted to the Department by the Contractor before the bid opening, as indicated in the Special Provisions. September 2004 This Page Left Blank Intentionally December 29, 2008 (1910) FUEL ESCALATION CLAUSE The provisions set forth in Mn/DOT 1910 are hereby deleted, and the following is substituted therefore: These provisions provide for compensation adjustments in the cost of motor fuels (diesel and gasoline) consumed in prosecuting the Contract work. The Engineer will calculate the Fuel Cost Adjustments. Payments or credits will be applied to partial and final payments for work items set forth herein. For this purpose, the Department will establish a Base Fuel Index (BFI) for fuel to be used on the Project. The Base Fuel Index will be the average of the high and low rack prices shown for No. 2 ultra low sulfur fuel oil in the "OPIS Energy Group" tabulation titled "RackFax, Minneapolis, MN, OPIS Direct Gross No. 2 Distillate Fuels" for the day of the Contract letting. A Current Fuel Index (CFI) in cents per gallon will be established for each month. The CFI will be the average of the high and low rack prices shown for No. 2 ultra low sulfur fuel oil in the "OPIS Energy Group" tabulation titled "RackFax, Minneapolis, MN, OPIS Direct Gross No. 2 Distillate Fuels" averaged for the beginning and ending dates of the monthly period being adjusted. The Engineer will compute the ratio of the Current Fuel Index to the Base Fuel Index (CFI /BFI) each month. If that ratio falls between 0.85 and 1.15, no fuel adjustment will be made that month. If the ratio is less than 0.85, a credit to the Department will be computed. If the ratio is greater than 1. 15, additional payment to the Contractor will be computed. Credit or additional payment will be computed as follows: (1) The Engineer will estimate the quantity of work done in that month under each of the Contract items listed below. (2) The Engineer will compute the gallons of fuel used in that month for each of the Contract items listed below by applying the unit fuel usage factors shown. (3) The Engineer will summarize the total gallons (Q) of fuel used in that month for the applicable items. (4) The Engineer will determine the Fuel Cost Adjustment (FCA) from the following formulas: If the Current Fuel Index (CFI) is greater than the Base Fuel Index (BFI), the following formula shall be used to determine the amount of Fuel Cost Adjustment to be paid to the Contractor FCA = [(CFI /BFI) — 1.15] x Q x BFI If the Current Fuel Index (CFI) is less than the Base Fuel Index (BFI), the following formula shall be used to determine the amount of Fuel Cost Adjustment to be credited to the Department Page 1 of 3 December 29, 2008 FCA = [(CFIBFI) - 0.85] x Q x BFI Where FCA = Fuel Cost Adjustment (cents) CFI = Current Fuel Index (cents per gallon) BFI = Base Fuel Index (cents per gallon) Q = Monthly total gallons of fuel Basis of Payment A Fuel Cost Adjustment payment to the Contractor will be made as a lump sum each payment period based on the last published CFI. A Fuel Cost Adjustment credit to the Department will be deducted as a lump sum each payment period from any monies due the Contractor. Upon completion of the work under the Contract, any difference between the estimated quantities previously paid and the final quantities will be determined. The CFI in effect on the day of completion of the Contract will be applied to the quantity differences in accordance with the procedures set forth above. Schedule of Work Items (Only items shown will be considered for compensation adjustments.) Page 2 of 3 Item Unit Gallons of Fuel per Unit Unit Gallons of Fuel per Unit (1) Earthwork: 2105.501 Common Excavation Cu. Yd 0.17 m 0.22 2105.503 Rock Excavation Cu. Yd 0.27 m 0.35 2105.505 Muck Excavation Cu. Yd 0.17 m 0.22 2105.507 Subgrade Excavation Cu. Yd 0.17 , m 0.22 2105.515 Unclassified Excavation Cu. Yd 0.23 m 0.30 2105.521 Granular Borrow (EV) Cu. Yd 0.17 m 0.22 Granular Borrow (CV) Cu. Yd 0.19 m 0.25 Granular Borrow (LV) Cu. Yd 0.14 m 0.18 2105.522 Select Granular Borrow (EV) Cu. Yd 0.17 m 0.22 Select Granular Borrow (CV) Cu. Yd 0.19 m 0.25 Select Granular Borrow (LV) Cu. Yd 0.14 m 0.18 2105.523 Common Borrow (EV) Cu. Yd 0.17 m 0.22 Common Borrow (CV) Cu. Yd 0.19 m 0.25 Common Borrow (LV) Cu. Yd 0.14 m3 0.18 2105.535 Topsoil Borrow (EV) Cu. Yd 0.17 m 0.22 Topsoil Borrow (CV) Cu. Yd 0.19 m 3 0.25 Topsoil Borrow (LV) Cu. Yd 0.14 m 0.18 2106.607 Common Embankment (CV) Cu. Yd 0.19 m 0.25 2106.607 Granular Embankment (CV) Cu. Yd 0.19 m 0.25 2106.607 Select Granular Embankment(CV) Cu. Yd 0.19 m 0.25 2106.607 Select Granular Embankment Modified (_ %) Cu. Yd 0.19 m 0.25 (CV) 2106.607 Excavation - Rock Cu. Yd 0.27 m 0.35 2106.607 Excavation - Muck Cu. Yd 0.17 m 0.22 Page 2 of 3 December 29, 2008 t = thickness NOTE No price adjustments will be made on fuel used for drying and heating aggregates. * ** No price adjustment will be made for pipes less than 12" in diameter or jacked pipes. Page 3 of 3 Item (2) Aggregate Base: 2211.501 Aggregate Base 2211.502 Aggregate Base (LV) 2211.503 Aggregate Base (CV) 2211.607 Open Graded Aggregate Base (CV) (3) Aggregate Shouldering: 2221.501 Aggregate Shouldering 2221.502 Aggregate Shouldering (LV) 2221.503 Aggregate Shouldering (CV) (4) Concrete Pavements: 2301.511 Structural Concrete 2301.513 Structural Concrete HE (5) Bituminous Pavements: 2350.501 Type ( ) Wearing Course Mixture ( ) 2350.502 Type ( ) Non - Wearing Course Mixture ( ) 2350.503 Type ( ) ( ) Course ( }, (t)" Thick 2350.503 Type ( ) ( ) Course (, ), (t) mm Thick 2360.501 Type SP ( ) Wearing Course Mixture ( ) 2360.502 Type SP ( ) Non - Wearing Course 1.01 Mixture ( , ) 2360.503 Type SP ( ) ( ) Course (, ), (t)" thick 2360.503 Type SP ( ) ( ) Course ( ), (t) mm thick (6) Pipe: * ** m 3 2501.511 - Pipe Culvert 2501.521 - Pipe Arch Culvert _ 2501.561 - Pipe Culvert Des 3006 - 2501.603 _ Pipe Culvert 2503.511 _ Pipe Sewer _ 2503.521 _ Pipe Arch Sewer _ 2503.541 _ Pipe Sewer Des 3006 _ 2503.603 _ Pipe Sewer t = thickness NOTE No price adjustments will be made on fuel used for drying and heating aggregates. * ** No price adjustment will be made for pipes less than 12" in diameter or jacked pipes. Page 3 of 3 Gallons Gallons of Fuel of Fuel Unit per Unit Unit per Unit Ton 0.55 t 0.61 Cu. Yd 0.77 m 3 1.01 Cu. Yd 0.99 m 3 1.29 Cu. Yd 0.99 m 3 1.29 Ton 0.55 t 0.61 Cu. Yd 0.77 m 3 1.01 Cu. Yd 0.99 m 3 1.29 Cu. Yd 0.98 m 3 1.28 Cu. Yd 0.98 m 3 1.28 Ton 0.90 t 0.99 Ton 0.90 t 0.99 Sq. Yd 0.051 *t m 2 0.0024 *t Ton 0.90 t 0.99 Ton 0.90 t 0.99 Sq. Yd 0.051 *t m 2 0.0024 *t Lin. Ft. 0.70 m 2.30 Lin. Ft. 0.70 m 2.30 Lin. Ft. 0.70 m 2.30 Lin. Ft. 0.70 m 2.30 Lin. Ft. 0.70 m 2.30 Lin. Ft. 0.70 m 2.30 Lin. Ft. 0.70 m 2.30 Lin. Ft. 0.70 m 2.30 t = thickness NOTE No price adjustments will be made on fuel used for drying and heating aggregates. * ** No price adjustment will be made for pipes less than 12" in diameter or jacked pipes. Page 3 of 3 This Page Left Blank Intentionally 4n/DOT SD -15 April 3, 2009 Page i Minnesota Department of Transportation Office of Materials Schedule of Materials Control Federal Aid, State Funds, County/Municipal Federal Aid Projects and State Aid Projects ,his schedule outlines the minimum sampling and testing required for most materials used in highway construction. ;ome items that are rarely used or materials of recent development are often covered by special provisions and may not )e shown on the schedule. For more information regarding contract requirements for testing, please reference the Standard Specifications for Construction ", Specification 1603 Materials: Specifications, Samples, Tests, and acceptance. When sample sizes required for testing exceed 35 pounds, please submit multiple containers of the naterial with no individual container weighing more than 35 pounds. ;mall quantities of materials may be accepted without sampling and testing. A small quantity is defined as any total luantity, for the whole project, of one material, which is smaller than the minimum quantity required for testing unless nodified by the individual material items. These materials shall be from known, reliable sources, perform satisfactorily and meet the requirements for purpose intended. The inspection report (Form 02415) should include a statement to this effect and show the source. Form 2403 may be used to report small quantities of diverse materials rom different sources. Form 02415 and Form 2403 (or approved revisions) are referenced in the Schedule of Materials - ontrol for project record documentation and are required to be maintained in the project file. Where items of small quantity are used in a critical location or significantly influence the safety, performance, strength >r durability of major construction items, prior approval for their use without testing must be obtained. ?reviously approved materials transferred from another project should be reported on Form 02415. The report should nclude-type of material, quantities_ involved ,_source,_and_suppliex_of materials. _ W henever possible, include the project iumber for which the material was originally approved. `If Forms 2415 and 2403 are referenced by form number within the Materials Control Schedule for materials or )roducts received from pre- approved sources, where the field responsibility for acceptance is visual inspection and all nformation required to complete these forms is contained in other documents in the project file, the use of these forms )ecomes optional. If these forms are completed and sent to the Project Engineer by off -site inspection personnel from he district or the Office of Materials, they must be retained in the project file." A TELEPHONE INDEX is included with the Schedule giving the numbers of contact persons if further information is ,-equired regarding the various materials. A form index is also included. A website (www.dot.state.mn.us /materials.html) has been established for the Office of Materials. The contributing .nits to the Materials Control Schedule from the Pavement Engineering Section are the Bituminous Engineering Unit, ,he Concrete Engineering Unit, and the Grading & Base Unit. The Materials Engineering Unit contains the Approved Products and the Certified Products and Services List, as well as, the Materials Control Schedule. Products manufactured offsite may be pre- approved, however, final acceptance will be made at the point of incorporation, based upon review of documentation and inspection for shipping or other damage. PLEASE CONTACT THE Mn/DOT DISTRICT INDEPENDENT ASSURANCE INSPECTOR WHEN PROJECT STARTS TO PROVIDE THE PROPER SERVICING OF YOUR PROJECT. Mn/DOT SD - 15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL "01M. Page ii Section Page(s) I. Grading and Base Construction Items 1 thru 4 II. Bituminous Construction Items for Specification 2360 5 thru 10 III. Sealcoat Construction Items for Specification 2356 11 thru 13 IV. Concrete Construction Items 14 thru 28 V. Landscaping and Erosion Control 29 thru 32 VI. Chemical Items 33 and 34 VII. Metallic Materials and Metal Products 35 thru 37 VIII. Miscellaneous Materials 38 IX. Geosynthetics, Pipe, Tile, and Precast/Prestressed Concrete 39 thru 42 X. Brick, Stone, and Masonry Units 43 XI. Electrical and Signal Construction Items 144and45 Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL TELEPHONE INDEX FOR SCHEDULE OF MATERIALS CONTROL Page iii Section Page Section Name Contact Phone Part I Page 1 Grading & Base Tim Andersen (651) 366 -5455 Cary Efta (651) 366 -5421 Rebecca Embacher (651) 366 -5525 Website: www. dot. state. mn. us /materials /gradingandbase.htxnl Part II Page 5 Bituminous - Spec. 2360 John Garrity (651) 366 -5577 Part II B 4 Page 7 Asphalt Binder Jim McGraw T Jason (651) 366 -5548 Szondy (651) 366 -5549 Website: www. dot. state .mn.us /materials/bituminous.html Part III Page 11 Seal Coating - Spec 2356 Erland Lukanen (651) 366 -5460 Jerry Geib (651)- U&5496 Part IV Page 15 Concrete - Aggregates and Mix Design Wendy Garr (651) 366 -5423 Concrete - Certified Ready Mix Wendy Garr (651) 366 -5423 Concrete - Paving Maria Masten (651) 366 -5572 Concrete - Bridges I Ron Mulvaney 1 (651) 366 -5575 Website: www.dot.state.mn.us /materials /concrete.html Changed Title of Agricultural Items to Landscaping and Erosion Control Items Part V Page 28 Landscaping and Erosion Control Items Erosion Control Lori Betz (651) 366 -3607 Landscaping Scott Bradley (651) 366 -4612 Wood Chips Paul Walvatne (651) 366 -3632 Part VI Page 32 Chemical Items Jim McGraw (651) 366 -5548 Dave Iverson (651) 366 -5550 Part VII Page 34 Metallic Materials and Metal Products (651)366 =5456 -- - - - -- - -- - Sampling — -- Ucrrj Bcawdry -- � Test Results Laboratory (651) 366 -5560 Bridge Structural Metals Todd Niemann (651) 366 -4567 Barry Glassman (651) 366 -4568 Part VIII Page 36 Miscellaneous Materials Sections ithru 3 Terry Beaudry (651) 366 -5456 Section 4 Todd Nieman (651) 366 -4567 Barry Glassman (651) 366 -4568 Test Results Laboratory (651) 366 -5560 Part IX Page 37 Geosynthetics, Pipe, Tile, and Precast/Prestressed Concrete Sections 1 thru 5 and 8 thru 11 Steve Grover (651) 366 -5540 Sections 6, 7 Terry Beaudry (651) 366 -5456 Section 12 Randy Tilseth (651) 366 -5451 Section 13 Lori Betz (651) 366 -3607 Test Results Laboratory (651) 366 -5560 Part X Page 41 Brick, Stone and Masonry Units/ Modular Retaining Wall Blocks Sections 1, 2A & 4 Terry Beaudry (651) 366 -5456 Section 2B Blake Nelson (651) 366 -5599 Section 3 Steve Grover (651) 366 -5540 Test Results Laboratory (651) 366 -5561 Part XI Page 42 Electrical & Signal Sections 1, 8 -11 Susan Zarling (651) 234 -7052 Section 2 Steve Grover (651) 366 -5540 Section 3 Wendy Garr (651) 366 -5423 Sections 4 -7 Terry Beaudry (651) 366 -5456 Test Results I Laboratory (651) 366 -5560 Mn/DOT SD -15 April 3, 2009 Form Index Page iv Grading and Base Form No. I Form Name 02115 -03 Grading & Base Report 02154 -02 Random Sampling Gradations 2170 -02 Penetration Index Method - Aggregate Base & Edge Drains 02402 -03 Work Sheet for Sieve Analysis of Granular Material 02463 Percent Crushing Report 24346 -02 Certificate of Aggregates & Granular Materials 24587 -01 Calculation for Moisture - Density Relationships in Subgrade Soils and Aggregate Base and Shoulders _. Concrete Form No. Form Name 2152 Concrete Batching Report 2162 Concrete Test Beam Data 2409 ID Card Concrete Test Cylinder 2448 Weekly Concrete Report 2449 Weekly Concrete Aggregate Re ort (QC/ QA 21412 Weekly Report of "Low Slump Concrete" 21763 Concrete A re ate Worksheet 21764 Concrete Aggregate Worksheet JMF -- 24143 - -- - Weekly Certified Report (Verification) - -- - -- - - -- - - - — -- 24300 ID Card Cement Samples 24308 ID Card Fly Ash Samples 24327 Field Core Report Microwave Oven Worksheet Incentive/Disincentive Smoothness Worksheet Bituminous Form No. Form Name 2413 Asphalt Sample Identification Card Miscellaneous Form No. Form Name 2410 Sample ID Card 02415 Inspection Report on............ (May be used for documentation or use another method to capture required documentation 2403 Inspection Report for Small Quantities (May be used for documentation or use another method to capture required documentation Mn/DOT SD -15 April 3, 2009 I. GRADING AND BASE CONSTRUCTION ITEMS (www. dot. state. mn. us /materials /gradingandbase.html) Page 1 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Form Minimum Required Minimum Required Required No. Contractor Quality Agency Minimum Field Laboratory Material Spec. Control Testing (QC Acceptance Testing Sample Size Sample No. (See Production Testing (Field Testing Rate) (See Note 3} Size Note 5) Rate ) (See Note ) S N 2 (See Note 6) Metric English Metric English 1. GRADATION 3138 02115 -03, 230 m to 275 yd to 1 per source (a) Aggregate & 02154 -02, 15 kg. or Surfacing (2118) Special & < 1,840 m < 2,200 yd3 30 lb. (b) Aggregate Base Provisions 24346 -02 (CV) (CV) (2211) 3 3 25 kg (Salvage Bit. See (c) Aggregate 1/460 m 1 1550 yd or 50 lb. Note 7) Shoulders (2221) 1 /1,000 t 1 /1,000 ton 1,840 m to 3 2,200 yd to (d) Stabilizing 3149 Aggregate (2105) & 4,600 m 5,500 yd Special (CV) (CV) Provisions 4 tests 4 tests (See Note 1) (See Note 1) (e) Open Graded Special 02115 -03, 1 per source 1/460 m 3 1/550 25 kg 1 per source Ag B gregate ase (OGAB) 24346 -02, _ ,before placing _ _ __ __ _ _ y d 3 (CV)_ _ _ or SO lb __ __ __ 15 kg _Provisions _ & on project (C V) (See Note 1) (See Note 1) 30 lb. 02402 -03 Contractor is (f) Granular Borrow 3149 encouraged to perform Less than Less than 25 kg 1 per source Select Granular & additional tests for 115,000 m 3 150,000 yd3 or 50 lb 15 kg or Borrow Special process control. (CV) 301b Provisions (CV) 3 (Salvage Bit. 1 /8,000 m3 1 /10,000 yd See Note 7) 115,000 m3 150,000 yd (CV) or more (CV) or mo 3 1 115,000 m3 1/20,000 yd (See Note 1) (See Note 1) (g) Full Depth Special 02115 -03 1 15,000 1/6,000 1 /10,000 m 1/12,000 yd None None Reclamation Provisions & m 2 - - yd (h) Granular Filter 3601 02115 -03, 1 per source 1 per source 25 kg 1 per source & 24346 -02, before placing or 50 lb 15 kg or Special & on project (See Note 1) 30 lb. Provisions 02402 -03 Contractor is encouraged to perform additional tests for process control. Mn/DOT SD - 15 April 3, 2009 I. GRADING AND BASE CONSTRUCTION ITEMS (Cont'd) Page 2 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Minimum Required Contractor Quality Agency Minimum Required Spec. Form Control Testing Acceptance Testing Field Sample Laboratory Sample Material No. No. (QC Production (Field Testing Rate) Size(See Note Size Testing Rate) (See Note 2) 3) (See Note 6) (See Note 5) Metric English Metric English (i) Granular Backfill (2451) 0) Aggregate Backfill 1 per source -- 1 per source (2451) before placing 15 kg (k) Granular Bedding 02115 -03, 24346 -02 on project 1 per source 25 k or 50 b 301b (Salvage Bit. See (2451) (1) Aggregate Bedding 3149 & Contractor is Note 7) (2451) 02402 -03 encouraged to perform (See Note 1) additional tests for process control (m) Coarse Filter (245 1) (n) Fine Filter (2502) i per source (o) Sand Cover (2206) 15 kg or 30 lb 2. MOISTURE - DENSITY One sample minimum TEST and additional (Required for Specified 1/2 samples as required Density) (Proctor) 2211 1/18,000 m3 y d (p er (a) Aggregate Base "— 2221 -- Contractor is encouraged to- perform (per source) sour _ )—_ _ 45 kg or — 100-1b -- 25 kg or -- - -- 50 Ib. - -- (b) Aggregate ShouT�r __ 24587 -01 proctor tests for process control. (c) Embankment Soil 2105 Two samples per (Excavation & Borrow) project and additional 1 per major soil samples as required 25 kg or 50 lb. 3. RELATIVE DENSITY 02115 -03 TEST & (Required for Specified 2211 02140 -03 Density) 1/800 m 3 1 /1,000 yd (a) Aggregate Base 2221 Contractor is (CV) (CV) (b) Aggregate encouraged to perform Shoulder density tests for process control. (c) Embankment Soil 2105 None None (Excavation & Borrow) & 1/3,000 in 1 /4,000yd Special (CV) (CV) Provisions 4. Penetration Index Method (DCP) 2211 02115 -03 Contractor is 2 DCP 2 DCP () Aggregate re gg g ate Base 2221 & encouraged to perform tests /800 m s tests /1,000 (b) Aggregate 02170 -02 DCP tests for process (CV) 3 yd (CV) Shoulder control. Mn/DOT SD -15 April 3, 2009 Page 3 I. GRADING AND BASE CONSTRUCTION ITEMS (Cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Material Spec. Form Minimum Minimum Required Minimum Required No. No. Required Agency Field Laboratory Sample Contractor Quality Acceptance Testing Sample Size Size (See Control Testing (Field Testing Rate) (See Note 6) Note 5) (QC Production (See Note 2) (See Note 3) Testing Rate) Metric English Metric English (Continued) Special 02115 -03 Contractor is 2 DCP tests/ 2 DCP tests/ 4. Penetration Index Provisions & encouraged to 5 m 6,000 yd Method (DCP) 02170 -02 perform DCP tests (c) Full Depth for process Reclamation control. (d) Fine Filter 2331 & See Special Provisions Aggregate (Edge Special Drains) Provisions 5. Modified 2211 02115 -03 Contractor is 2 DCP tests/ 2 DCP Penetration Index 2221 & & encouraged to 800m tests /1,000 yd Method (DCP) Special Special perform moisture (CV) (CV) (Special Provisions) Provisions Provisions tests for process (a) Aggregate Base control. (b) Aggregate Shoulder ------ _ --- ._ -_- � ) Gran - UTEg rrow __ _ - 2105 & - 2 tests/ ___2 DCP - tests/ Select Granular 3149 & 3,000 m 4,000 yd Borrow Special (CV) (CV) Provisions None None 6. Relative Moisture 2211 02115 -03 Contractor is 1/800m 1 /1,000 yd or (Required for 2221 & encouraged to or 10 tests 10 tests Specified Density) 21850 -02 perform moisture whichever is whichever is (a) Aggregate Base tests for process less less (b) Aggregate Shoulder control. (c) Embankment Soil 2105 1/7,500 m 1/10,000 yd' (Excavation & (CV) (CV) Borrow) 7. Moisture Content, 2211 Contractor is 1/800m 1 /1,000 yd or (Dry Weight) 2221 encouraged to or 10 tests 10 tests (Required for Quality perform moisture whichever is whichever is Compaction, tests for process less less Penetration Index control. Method, & Modified Penetration Method) (a) Aggregate Base (b) Aggregate Shoulder (c) Full Depth Special 115,000 m 1/6,000 yd Reclamation Provisions Mn/DOT SD - 15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL I. GRADING AND BASE CONSTRUCTION ITEMS (Cont'd) Page 4 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Material Spec. Form No. Minimum Minimum Required Minimum Required Laboratory No. (See Note 5) Required Agency Field Sample Contractor Quality Acceptance Testing Sample Size Size Control Testing (QC Production (Field Testing Rate) (See Note 3) (See Note 6) Testing Rate) (See Note 2) Metric English Metric English 8. Percent Crushing 3138, 02463 & One Per Day None None None (a) Belt Samples 3149, & 24346 -02 (See Note 4) Special Provisions (b) Particle Count None One Per Source (See Note 4) 9. Aggregate 3138 & Contractor is None 25 kg. or 1 per source 15 kg or (Quality Tests) Special encouraged to 50 lb. 30 lb. Provisions perform aggregate quality tests for (See process control. Note 8) NOTE 1: Samples are not required for less than 500 t (tons) or less than 230 m (275 yd 3 ). Report Small Quantities on form 02415 or 2403. NOTE 2: To convert from volume to weight use the following: 1 metric ton = 0.46 m (C ), 1 ton = 0.55 yd (CV) NOTE 3: Minimum Test Size =1/2 Field Sample Size. NOTE 4: Percent crushing test is not required for materials meeting class A or class B in 3137.2B or 3139.2A2. NOTE 5: Forms are available on the Grading & Base website at: http: / /www.dot.state.nin.us /materials /aradinaandbase.html NOTE 6: Laboratory samples are not required for 1,000 metric tons [1,000tons] or less. Conversion Factors are listed in the Mn/DOT Grading & Base Manual under "Conversion Factors in Grading and Base Work ". The first laboratory sample shall be taken within the first 3,000 metric tons [3,000 tons] and all laboratory samples shall have a field companion sample The field sample results must be included with the laboratory sample. Field -lab tolerances are in the Mn/DOT Grading & Base Manual at: Sieve Analysis Procedure (Gradation) Sampling for Moisture - Density Test (Proctor) NOTE 7: Submit a laboratory companion to the first Acceptance Gradation sample for a bituminous extraction. Full Depth Reclamation samples are not required. NOTE 8: Carbonate aggregate materials require 25 kg (50 lb) for the lab. Mn/DOT SD -15 April 3, 2009 H. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (All bituminous mixtures are from Certified Plants) (www. dot. state. mn.us /materialsbituminous.html) Page 5 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. DEFINITIONS A. PRE - PRODUCTION SAMPLING AND TESTING for Specification 2360 SAMPLE SIZE: 35 kg (75 lb.) - plus #4 aggregate sample for quality testing and Percent Crushing 15 kg (35 lb.) - minus #4 aggregate for quality testing 18 kg (40 lb.) - bituminous mixture plus 3 Marshall specimens for volumetric testing (Marshall) 33 kg (70 lb.) - bituminous mixture plus 2 Gyratory specimens for volumetric testing (Gyratory) 35 kg (75 lb.) - bituminous mixture for TSR testing (option A) 8 kg (18 lb.) - bituminous mixture for TSR testing plus 9 Marshall specimens (option B) (Marshall) 8 kg (18 lb.) - bituminous mixture for TSR testing plus 6 Gyratory specimens (option B) (Gyratory) 1 kg (2 lb.) - for mineral filler. SAMPLE DESCRIPTION SAMPLE SAMPLE SAMPLE TYPE LOCATION TAKEN BY TESTED BY DETERMINED BY QC Quality Control Testing performed by Contractor. Also Contractor Contractor Contractor known as Process Control Testing. Quality Assurance Testing performed by the Agency. QA This test is performed on a companion sample to the Contractor Contractor Agency Contractor's QC sample. A sample to assure compliance of the Contractor's Verification Quality Control program. The results shall be included Agency Agency Agency as part of the QA Testing Program. A companion sample to the Agency's Verification Verification sample provided to the Contractor. The Contractor is Agency Agency Contractor Companion -- - required to test this sample. The results shall be used as - - _- -- - -- part of the QC program. The Independent Assurance Sampling and Testing Contractor or Contractor or LAST assures testers are sampling and testing properly and that Agency Agency Agency equipment is calibrated correctly. A. PRE - PRODUCTION SAMPLING AND TESTING for Specification 2360 SAMPLE SIZE: 35 kg (75 lb.) - plus #4 aggregate sample for quality testing and Percent Crushing 15 kg (35 lb.) - minus #4 aggregate for quality testing 18 kg (40 lb.) - bituminous mixture plus 3 Marshall specimens for volumetric testing (Marshall) 33 kg (70 lb.) - bituminous mixture plus 2 Gyratory specimens for volumetric testing (Gyratory) 35 kg (75 lb.) - bituminous mixture for TSR testing (option A) 8 kg (18 lb.) - bituminous mixture for TSR testing plus 9 Marshall specimens (option B) (Marshall) 8 kg (18 lb.) - bituminous mixture for TSR testing plus 6 Gyratory specimens (option B) (Gyratory) 1 kg (2 lb.) - for mineral filler. Mn/DOT SD -15 April 3, 2009 H. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (Part A, cont'd) Page 6 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. 1. Bituminous Mix Design (QC /QA) C Testin REMARKS: Mix Design for Spec. 2360 is Contractor's responsibility with review by Mn/DOT. OA Testing For Marshall Design, Option 1- Laboratory Mix Design: In addition to reviewing the Trial Mix data (JMF), test Contractor's 3 Marshall specimens and uncompacted mixture (specimens and mixture submitted at optimum asphalt content). Also, evaluate TSR per 2360.3 B3. For option 2, Modified Mix Design, review Trial Mix data only. For Gyratory Design, Option 1- Laboratory Mix Design: In addition to reviewing the Trial Mix data (JMF), test Contractor's 2 Gyratory specimens and uncompacted mixture (specimens and mixture submitted at optimum asphalt content). Also, evaluate TSR per 2360.3 B3. For option 2, Modified Mix Design, review Trial Mix data only. 2. Aggregate Quality Testing (QA Only) QA Testing Contractor shall provide 24 hour notice of intent to sample aggregates for quality testing. Agency has the option to monitor sampling. Contractor submits to the Bituminous Engineer or the District Materials Engineer one (1) sample of each non - asphaltic aggregate type or class per source per year. Contractor shall also submit the asphaltic aggregate material (RAP) when the mixture contains RAP. Quality testing will be performed as directed by the Bituminous Engineer or the District Materials Engineer. When aggregate qualities approach specification limits or when material variation is observed, take additional field samples. 3. Mineral Filler (QA Only) Q Testing One (1) per shipment of 45 metric tons (50 tons) or less, unless previously inspected. 4. Additives (QA Only) QA Testing 1 L (1 qt.) of blended asphalt binder and additive. Sample first shipment of each type of material, then submit one sample per 1,000 m (250,000 gal.) (approximately 1,000 ton). B. BITUMINOUS PRODUCTION for Specification 2360 (Note #12) SAMPLE SIZE: 15 kg (35 lb.) for Aggregate for Gradation (QC /QA) 35 kg (75 lb.) for each plus #4 Aggregate Type for Quality Testing 15 kg (35 lb.) for each minus #4 Aggregate Type for Quality Testing 20 kg (45 lb.) for Mixture Properties (QC /QA) 2 full 6" by 12" cylinder molds for QA (Marshall mixes) 30 kg (65 lb.) fof Mixture Properties (QC /QA) 3 full 6" by 12" cylinder molds for QA (Gyratory mixes) 40 kg (90 lb.) for TSR (QC /QA) 4 full 6" by 12" cylinder molds for QA 40 kg (90 lb.) for Aggregate Specific Gravity (QC /QA) 1 L (I qt) for Asphalt Binder (QA) 2 L (%2 gal) for Asphalt Emulsion (QA) 1. Plant Mix Aggregate Gradation Testing (QC /QA, Verification *) QC Testing 1 per 900 metric tons (1000 tons) at start of production, for the first 1,800 metric tons (2,000 tons) of mixture produced, then I per 1,800 metric tons (2,000 tons) or portion thereof per mix blend as required by 2360AE6 1 per 900 metric tons (1000 tons) when operating under corrective action. Companion samples taken for agency. REMARKS: See Note 42 & Note 43. See Note #9 for Projects requiring the Adjusted AFT. QA Testing Companions to QC samples set aside for 7 working days and tested as needed. The Agency representative observes QC testing as needed. Mn/DOT SD -15 April 3, 2009 1 , • i II. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (Cont'd) (All bituminous mixtures are from Certified Plants) Page 7 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. B. BITUMINOUS PRODUCTION for Specification 2360 (cont.) 2. Aggregate Percent Crushing (QC /QA, Verification *) C Testin Testing rates as required by 2360AE7 CAA, 2360AE8 FAA. Two tests per day (CAA, FAA) for first two days. If CAA results exceed the specification minimum by 8% of the requirement; sample daily, test minimum one per week. If FAA results exceed the specification minimum by 5% of the requirement; sample daily, test minimum one per week. REMARKS: See Note #2, Note #3, & Note 44 QA Testine Companions to QC samples set -aside for 7 working days and tested as needed. The Agency representative observes QC testing as needed. 3. Aggregate Quality Testing (QA Only) OA Testing When aggregate qualities approach specification limits or when material variation is observed, take additional field samples as requested by Project Engineer 4. Asphalt Binder Content, % (QC /QA, Verification) QC Testing 1 per 450 metric tons (500 tons) per mix blend for first 1,800 metric tons (2,000 tons) of mixture produced. REMARKS: See Note 45. See Note 410 for Projects requiring the Adjusted AFT. (a) Meter Method (Virgin only) ...................................................... ............................... Mn/DOT Bituminous Manual (b) Incinerator Oven ........................................................................ ............................... Mn/DOT Lab Manual Method 1853 (c) Chemical Extraction ................................................................... ............................... Mn/DOT Lab Manual Method 1851 or 1852 (d) Spot Check (Virgin only) ........................................................... ............................... Mn/DOT Bituminous Manual 5- 693.848 REMARKS: The verification companion sample must use Method (b) or (c) only. When more than one Mn/DOT approved test procedure is available, the Contractor shall select one method at the beginning of the project (when material is submitted for Trial Mix Review) and use that method for the entire project. The Contractor and Engineer may agree to change test procedures during the construction of the Project. REMARKS: See Note #2 & Note #3. If a member of a monitoring team observes the Contractor test, note and sign under remarks. REMARKS: For mixtures containing Shingles see Note #7. The Project Engineer is responsible for: 1.) Reviewing control charts & test summary sheets for accuracy and completeness. 2.) Checking, sampling and testing procedures. 3.) Discussing QC problem with Contractor. 4.) Obtaining verification samples. OA Testing Companions to QC samples set aside for 7 workin days & tested as needed. The Agency representative observes QC testing a s needed. Mn/DOT SD - 15 April 3, 2009 Page 8 SCHEDULE OF MATERIALS CONTROL II. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (Part B, Cont'd) (Ail bituminous mixtures are from Certified Plants) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicinz of your project. D. Yrt UlylllyUUS PRODU CTION for Specification 2360 5. Mixture Properties (QC /QA, Verification *) Maximum Specific Gravity, Marshall Bulk Specific Gravity - 3 Specimen Average, Gyratory Bulk Specific Gravity - 2 Specimen Average, air voids, VMA, asphalt binder content, and gradation. REMARKS: See Note #8 Asphalt Film Thickness (AFT) C Testin 1 per 450 metric tons (500 tons) per mix blend, at the start of production, for first 1,800 metric tons (2,000 tons) of mixture produced. Determine planned tonnage for each mixture to be produced during the production day. Divide the planned production by 1,000; round up to the next higher whole number. This number will be the number of production tests required for that mixture. Verification Companion testing from Agency split sample is required to be performed and shall be used as a QC sample once per day. REMARKS: See Note #2, Note 43, & Note 411. Calibration factors shall be established regarding reheated samples. A Testing Companion samples to QC samples set aside for 7 working days and tested as needed. The agency representative shall review QC operations on a daily basis. Review shall include but is not limited to monitoring QC summary sheets and comparing allowable tolerances for verification sample /verification companion sample test results. The Agency representative shall observe either 1 QC test per week (during production) or 1 QC test per 10,000 tons, whichever results in more frequent observations. *Verification Testing Verification Companion testing from Agency split sample is required to be performed and shall be used as a QC sample once per day. The verification companion shall also be tested for CAA and FAA at a rate of 1 test per week if the CAA and FAA exceed the requirements by 8% and 5% respectively, otherwise test daily. An Agency representative will take I verification sample per mixture blend per day for Mn/DOT laboratory testing. A verification companion sample will be given to contractor for QC testing. i. Core Density and Thickness C Testiniz Production/lot testing rate requirements Daily Production Metric Ton English (ton) Lots 270* — 545 (300* —600) 1 546-910 (601 -1000) 2 911 -1455 (1001 — 1600) 3 1456 —3275 (1601— 3600) 4 3276 —4545 (3601 — 5000) 5 1 4546+ (5001+) 6 *When mix production is less that 270 metric tons (300 tons), establish 1 lot when accumulative tonnage exceeds 270 metric tons (300 tons). Core locations determined and marked by Agency. The Contractor shall schedule the approximate time of testing during normal project work hours so that the Agency may observe and record the saturated surface dry and immersed weight of the cores. REMARKS: Sawing of cores into separate lifts is required. Contractor is required to have a saw capable of separating the core lifts without damaging the material. A Testing 1 companion core per lot. Core locations determined and marked by Agency. Agency representative observes all Contractor coring, sawing and testing, and takes possession of Mn/DOT cores after sawing. Agency cores shall be transported and tested at the Laboratory (Agency field or District/Division) as soon as possible to prevent damage due to improper handling or exposure to heat. A completed coring log shall be submitted to the Laboratory (Agency field or District/Division). Remarks: See Note 46 and Note # 11 7. Aggregate Specific Gravity (QC /QA) QC Sampling: Sampled and tested by Contractor, if requested by District Materials Engineer. QA Testing: Companion sample to QC sample shall be submitted to the District Materials Lab and tested as needed. Mn/DOT SD -15 April 3, 2009 II. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (Part B, Cont'd) (All bituminous mixtures are from Certified Plants) Page 9 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. B. BITUMINOUS PRODUCTION for Specification 2360 (coot.) 8. Tensile Strength Ratio (T.S.R.) (QC /QA) OC Sampling Sample as directed by the District Materials Engineer. If the District Materials Engineer requires the samples to be tested, both the Contractor and the Department will be required to test these samples within 72 hours after they are sampled. OA Testing When QC sampling is required, the companion sample to QC sample shall be submitted to the District/Division Materials Lab and-tested as needed. 9. BITUMINOUS MATERIALS Only Bituminous Materials from Certified Sources are allowed for use. The most current list of Certified Sources can at http://www.dot.state. mn. us /pro ducts SAMPLE SIZE: 1 L (1 qt) for Asphalt Binder (QA) 2 L (%2 gal) for Asphalt Emulsion (QA) Spec. No. Quality Control (QC) Quality Assurance (QA) Form No. Asphalt Binder 3151 QC testing is the State inspector observes 2413 responsibility of the contractor personnel taking Asphalt Sample bituminous material sample. Sample first shipment Identification Card supplier. Random of each grade of material at sampling is arranged by the start of a plant's the Mn/DOT Chemical production each year or after Laboratory. set -up of a portable plant. Thereafter, submit one sample per 1,000,000 liters (250,000 gal). Sample asphalt binder in clean one L (qt) steel container. Asphalt Emulsion Sample first shipment, then submit one sample per 200 m ((50,000 gal.). Sample asphalt emulsion in clean two L (2 qt.) plastic container with wide screw top and immediately send to Mn/DOT Chemical Lab within 7 days of sampling. Cutback Asphalt Cutback Asphalt should only be used in cold temperature applications with the Engineer's approval. Contact Bituminous Engineering Unit for cold temperature application guidelines. Pressure fit 1 L (I qt.) cans for cutback asphalt. 10. Moisture Content in Mixture (QC only) OC Testing Sampling and testing shall be conducted by the Contractor on a daily basis unless exempted by the Engineer and tested according to the procedures in the Bituminous Manual (5- 693.950). Moisture contents above 0.3% are not allowed. Mn/DOT SD -15 April 3, 2009 Page 10 II. BITUMINOUS CONSTRUCTION ITEMS FOR SPECIFICATION 2360 (Note #1) (Part B, Cont'd) (All bituminous mixtures are from Certified Plants) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. NOTE #1. Projects with bituminous tonnage less than or equal to 272 metric tons (300 tons) per day maybe accepted on a small quantity basis at the discretion of the Engineer. Retain Form 02415 or Form 2403 in Project File. NOTE #2. All QA test samples shall be from split samples. If a member of the monitoring team observes the Contractor Test, note and sign under remarks. The Project Engineer is responsible for: 1.) Reviewing control charts & Test summary sheets for accuracy and completeness, 2.) Checking sampling and testing procedures, 3.) Discussing QC problems with the Contractor, 4.) Obtaining Verification Samples, 5.) When additional testing is necessary, collect QA samples which have been acquired and retained by the Contractor and/or additional verification samples. NOTE #3. For process control testing, acceptance will be based on Contractor's test results as verified by Mn/DOT test results. NOTE #4. Bituminous mixes composed entirely of Class A and/or Class B aggregates are not required to be tested for CAA (Coarse Aggregate Angularity). NOTE #5. When the required sampling rate is one test per 500 tons, divide the bituminous mixture production planned for the day by 500, and round up to the next higher whole number; this will be the number of tests required for the day. When the required sampling rate is one test per 1000 tons, divide the bituminous mixture production planned for the day by 1000, and round up to the next higher whole number; this will be the number of tests required for the day. When the required sampling rate is one test per 2000 tons, divide the bituminous mixture production planned for the day by 2000, and round up to the next higher whole number; this will be the number of tests required for the day. NOTE #6. Most Mn/DOT projects in the 2009 Construction season will require 2 companion cores per lot be obtained for QA Testing. The Department will select at least one of the two companion cores per lot to be tested. However, the Department may elect to test all companions to provide a direct verification of all individual and daily average test results. Agency representative observes all Contractor coring, sawing and testing, and takes possession of Mn/DOT cores after sawing. Agency cores shall be transported and tested at the Laboratory (Agency field or District/Division) as soon as possible to prevent damage due to improper handling or exposure to heat. A completed coring log shall be submitted to the Laboratory (Agency field or District/Division). NOTE #7. Mixtures that contain shingles will require a minimum of one spot check per day in addition to the required method (b) or (c) used for % total AC. The spot checks will be used for the determination of new added asphalt binder. NOTE 98. Most Mn/DOT projects in the 2009 Construction season will require the calculated Adjusted Asphalt Film Thickness (AFT). VMA will still be calculated for informational purposes, but will not be used for acceptance criteria. The adjusted AFT shall be calculated each time a gradation test is required. NOTE #9. One gradation per 450 metric tons (500 tons) per mix blend, at the start of production, for first 1,800 metric tons (2,000 tons) of mixture produced, then one gradation per 900 metric tons (1000 tons) or portion thereof, of mixture produced with a minimum of one test per day. NOTE #10. One asphalt binder determination per 900 metric tons (1000 tons) or portion thereof, of mixture produced with a minimum of one test per day. NOTE #11. Random number generation and determination of random sample location shall be consistent with the Mn/DOT Bituminous Manual Section 5 -693.7 Table A or Section 5 of ASTM D3665. The Engineer may approve alternate methods of random number generation. NOTE #12. Dispute resolution procedure for material testing is on file in Mn/DOT Bituminous Engineering Unit and also available on the Bituminous Office Website: http: / /www. dot. state. mn. us / materials ibituminousdocaids.html Mn/DOT SD -15 April 3, 2009 MWts- Page 11 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. III. Seal Coat Construction Items For 2356 SPECIAL PROVISIONS A. (2356) Bituminous Seal Coat B. (2356) Micro - Surfacing DEFINITIONS Sample Type Description Sample Location Sample Taken By Sample Tested By Determined By Definitions from 23 CFR 637.203 QA All those planned and systematic actions necessary to Quality provide confidence that a product or service will Assurance satisfy given requirements for quality QC All contractor /vendor operational techniques and Contractor Contractor Contractor Quality Control activities that are performed or conducted to fulfill the contract requirements. Verification Sampling and testing performed to validate the Agency Agency Agency sampling and quality of the product. testing Mn/DOT Definition IAST The Independent Assurance Sampling and Testing Agency Contractor or Contractor or Agency assures testers are sampling and testing properly and Agency that equipment is calibrated correctly. Should unique circumstances arise on a project which makes the quantities or rates of testing materials impractical, they may be revised prior to performing the work by contacting the Pavement Management Unit and obtaining their approval. The testing rates shown are only minimums. Mn/DOT SD - 15 April 3, 2009 Page 12 SCHEDULE OF MATERIALS CONTROL III. Seal Coat Construction Items For 2356 SPECIAL PROVISIONS (cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. A. (2356) BITUMINOUS SEAL COAT SAMPLE SIZE: Mix Design: 150 lbs. Spec. Quality Control Verification Form Test Type No. (QC) No. Seal Coat 2356 One per source Verify all QC results and review mix design. Mix Design Gradation and Average gradation during production. Aggregate % Shale Qualities Static Stripping Test Flakiness Index Los Angeles Rattler Aggregate design application rate Bit. Material design application rate Loose unit mass (weight) of the aggregate Bulk specific gravity of the aggregate Seal Coat Test for gradation. One per day, or one per Test for gradation. One per day, or one per Aggregate 1360t (1500 tons), whichever is greater. If a 1360t (1500 tons), whichever is greater. If a temporary stockpile is used, test at this temporary stockpile is used, test at this location. location. Stockpile Production Sample for gradation. One per day. Test if Sample for gradation. One per day. Test if Gradation required by the Engineer. All samples shall required by the Engineer. All samples shall be taken from chip spreader hopper. be taken from chip spreader hopper. Construction Bituminous Use a Certified Source. Sample first shipment, then submit one Material sample per 200 m (50,000 gal.). Sample For Seal Coat Verify the application rate daily by dividing asphalt emulsion in plastic container with the volume used by the area covered. wide screw top and immediately send to Quality Mn/DOT Chemical Lab. Application rate Use a certified source. For Fog Seal Verify the application rate daily by dividing the volume used by the area covered. One sample to test for dilution rate. Quality Application rate Mn/DOT SD -15 April 3, 2009 Page 13 SCHEDULE OF MATERIALS CONTROL III. Seal Coat Construction Items For 2356 SPECIAL PROVISIONS (cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. B. (2356) SEAL COAT - MICRO- SURFACING SAMPLE SIZE: Mix Design: 150 lbs. Spec. Quality Control Verification Form Test Type No. (QC) No. Micro- surfacing 2356 One per source Verify all QC results and review mix design. Mix Design Gradation and Average gradation during production. Aggregate Sand Equivalent Qualities Abrasion Resistance Soundness Residue after Distillation Asphalt Emulsion Softening Point Certified source Penetration at 25C (77F) Absolute Viscosity at 60C (140F) Wet Stripping Review test results submitted in the mix Mix Design Wet Track Abrasion Loss design format required in the special - one hour soak provision. - six day soak Saturated Abrasion Compatibility Mix Time at 25C (77F) Mix Time at 37AC (100F) Micro - surfacing Aggregate Stockpile Test for gradation. One per day, or one per Production 1360t (1500 tons), whichever is greater. If a temporary stockpile is used, test at this location. Construction Sample for gradation, sand equivalence and Test for gradation. One per 1360t (1500 moisture content. One per 435.6 metric tons tons), If a temporary stockpile is used, test at (500tons), minimum of one per day. this location. Determine moisture content. One per day Asphalt Emulsion Sample first shipment, then submit one Quality Use a Certified Source. sample per 200 m (50,000 gal.). Sample asphalt emulsion in plastic container with Quantity Verify the quantity using equipment counter wide screw top and immediately send to readings. Mn/DOT Chemical Lab. For Fog Seal, when required Quality Use a certified source. One sample to test for dilution rate. Application rate Verify the application rate daily by dividing the volume used by the area covered. Mn/DOT SD - 15 April 3, 2009 IV. CONCRETE CONSTRUCTION ITEMS (www.dot. state .mn.us /materials /conerete.html) (All Ready Mix is from Certified Plants) Page 14 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. • The testing rates shown in this Schedule of Materials Control are minimums. All samples shall be taken in a random manner using an appropriate number generator. Take as many tests as necessary to ensure quality concrete. • It is recommended that the Agency Plant Monitor be present during critical pours, such as superstructure or paving concrete (ie. 3Y33, 3Y36, 3Y46, 3A21). • If any field test fails, reject the concrete or if the Producer makes adjustments to the load to meet requirements, record the adjustments on the Certificate of Compliance and the Weekly Concrete Report. Retest the load and record the adjusted test results. Make sure the next load is tested, before it gets into the work. • If hatching adjustments are made at the plant, test the adjusted load, before it gets into the work. Continue to test the concrete when test results are inconsistent or marginal. • Material not meeting requirements shall not knowingly be placed in the work. If failing concrete inadvertently gets placed in the work, either the Mn/DOT Standard Specifications for Construction or the Schedule of Price Reductions for Concrete address penalties. • It is recommended that the Agency representative continually monitor the progress of all concrete pours. (It is not a recommended practice to only perform minimum testing requirements and leave the project.) • Should circumstances arise on a project, which makes the testing rate impractical, contact the Concrete Engineering Unit. DEFINITIONS Description Sample Location Sample Taken By Sample Tested By Determined By QC Quality Control Testing performed by Contractor. Also Contractor Contractor Contractor known as Process Control Testing. QA Quality Assurance Testing performed by the Agency. Contractor Contractor Agency This test is performed on a companion sample to the Contractor's QC sample. Verification A sample to assure compliance of the Contractor's Agency Agency Agency Quality Control program. The results shall be included as part of the QA Testing Program. Verification A companion sample to the Agency's Verification Agency Agency Contractor Companion sample provided to the Contractor. The Contractor is required to test this sample. The results shall be used as part of the QC program. IAST The Independent Assurance Sampling and Testing Agency Contractor or Contractor or Agency assures testers are sampling and testing properly and Agency that equipment is calibrated correctly. Mn/DOT SD -15 April 3, 2009 Iv. CONCRETE CONSTRUCTION ITEMS (Cont.) (www. dot. state .mn.us /materials /concrete.html) Page 15 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CERTIFIED READY -MIX CONCRETE These testing rates shall be used for all concrete except paving concrete, low slump concrete overlays, and CPR. Refer to Concrete Construction Materials Section to determine if any field samples are required. All QC and Verification gradation tests require companion samples. These samples are obtained from a larger sample that is reduced by splitting to obtain the sample sizes listed below for both the Producer /Contractor and the Agency. Samples taken at location identified on Contact Report located at plant. Gradation Sample Size: 10 —15 kg (2516.) for +19 mm (3/4" Plus) Coarse Aggregate 5 — 7 kg (10 -15 lb.) for —19 mm (3/4" Minus) Coarse Aggregate 5 kg (10 lb.) for CA -70 and Sand Quality Sample Size: 25 kg (50 lb.) Coarse Aggregate 15 kg (30 lb.) Fine Aggregate Moisture Sample Size: 500 g (1.1 lb.) Fine Aggregate 2000 g (4.4 lb.) Coarse Aggregate Test Type Spec. Producer /Contractor Testing Agency Testing Form No. Gradation Testing 3126 When over 20 m (yd of Agency concrete The Agency is required to test all QA 21763 (QC /QA) 3137 produced per day: (QC companion) samples when a Concrete Aggregate ( 5- 694.145 Coarse: 1 per 100 m 3 (yd ) 3 Verification test fails or when a Worksheet and Fine: 1 per 200 m 3 (yd Verification Companion is outside of (QC /QA) 5- 694.148) Lab -Field Tolerance. The Producer shall complete the initial aggregate gradations prior to the start of concrete production each day. The Producer may perform testing on As a check on field testing equipment representative material at the end of the most recent when QA testing is performed in the day of production. The Producer must have a field, send one split gradation sample passing gradation each day, prior to beginning per month to District Laboratory for production. comparison testing. The Producer is not required to wash the fine aggregate gradation (QC) sample, if the result on the -75µm ( #200) sieve of the unwashed sample is less than 1.0 %. The Producer is responsible for holding QA (QC companion) samples until they are picked up by the Agency monitor. If not picked up, they may be discarded after two weeks. Gradation Testing 3126 The Producer is required to test the Verification Coarse and Fine: 1 per day or 1 per 2449 (Verification/ 3137 Companion sample. Test to be completed during the 1000m 3 (yd 3 ) whichever results in the Weekly Concrete Verification day on which the sample was taken. lowest sampling rate. Aggregate Report Companion) (5- 694.145 The Producer must wash all fine aggregate A minimum of 1 Verification sample 24143 and Verification Companion samples. per week is required. A minimum of 2 Weekly Certified 5- 694.148) Verification samples per week is Ready -Mix Plant required when Certified production is Report 3 or more days per week. Take more Verification samples when production problems exist. Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL IV. CONCRETE CONSTRUCTION ITEMS (Cont) (www. dot. state .mn.us /materials /conerete.html) Page 16 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CERTIFIED READY -MIX CONCRETE (Cont.) Test Type No`' Producer /Contractor Testing Agency Testing Form No. Moisture Testing When over 20 m (yd 3 ) of Agency concrete None 2152 ( produced per day: Concrete 13atching (5- 694.142) Report Coarse and Fine: I per 200 in (yd 3 ) or completed every four hours, whichever results in the highest sampling rate. The Producer shall complete the initial moisture content and adjust the batch water prior to the start of concrete production each day. If weather conditions allow, the Producer may perform moisture testing on representative material at the end of production the prior evening. In this event, the four -hour rate will commence with the first pour of the day, regardless if it is placed in Agency or private work. Use of Moisture Probe on Fine Aggregate: In lieu of performing oven dry moisture contents on fine aggregate, the Producer may use a moisture probe. The Producer must complete an oven dry moisture comparison on the fine aggregate at a minimum rate of once per week. The Producer must perform the initial moisture content by the oven dry method for all critical pours involving any of the following mixes (3Y33, 3Y36, 3Y46, 3A21). Quality Testing 3126 At Producer's /Contractor's Discretion 1 per month sampled for acceptance 2410 (Verification) 3137 Testing may be adjusted by contacting Sample ID Card the Concrete Engineering Unit. Quality testing will be performed as directed by the Concrete Engineer. Coarse Aggregate 3137 At Producer's /Contractor's Discretion Testing rate for cleanliness of coarse 2410 Testing on aggregate as directed by the Engineer. Sample ID Card -75µm ( #200) (Verification) (5- 694.146) Air Content 2461 None Test first load each day per mix 2448 (Verification) 1 per 100 m (Yd 3) Weekly Concrete (5- 694.541) Report Slump 2461 None Test first load each day per mix 2448 (Verification) 1 per 100 m (Yd 3 ), except 1 slump Weekly Concrete (5- 694.531) test per day for slip form placement. Report Mn/DOT SD -15 April 3, 2009 IV. CONCRETE CONSTRUCTION ITEMS (Cont) (www. dot. state .mn.us /materials /conerete.html) Page 17 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CERTIFIED READY -MIX CONCRETE (Cont.) Test Type Spec. Producer /Contractor Testing Agency Testing Form No. s When 20 m (yd or less of Agency concrete is No. 2448 Weekly Concrete Report All Concrete produced per day: 1 air required), 1 slump and Compressive 2461 None 1 cylinder per 100 m (yd 3) 2409 ID Card Concrete Strength (Verification) Minimum of 1 per day if production 3 3 20 (yd ) Test Cylinder (5- 694.511) is more than m For concrete meeting specification 2521 and 2531 (curb and gutter and sidewalks):1 per day or 1 per 500 m (yd whichever results in the lowest sampling rate with a minimum of one per week. A minimum of 2 cylinders per week is required, when production is 3 or more days per week- Make additional control cylinders as necessary. Mn/DOT standard cylinder mold size is 100 x 200 mm (4 x 8inch). If aggregate has a maximum size greater the 31.5 mm (1 -1/4 inch), use 150 x 300 mm (6 x 12 inch) molds. SMALL QUANTITIES All concrete shall be from a certified plant. Concrete Type Field Testing Plant Testing Form Number s When 20 m (yd or less of Agency concrete is A minimum of 1 Verification sample is required per week per plant when 2448 Weekly Concrete Report All Concrete produced per day: 1 air required), 1 slump and production of small quantities is 2 or 1 cylinder test per day more days per week. Or 02415 or 2403 Inspection Report Mn/DOT SD -15 April 3, 2009 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.dot.state.mn.us /materials /concrete.html) 25 kg (50 lb.) Coarse Aggregate 15 kg (30 lb.) Fine Aggregate Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. PAVING CONCRETE SUPPLIED BY A PAVING PLANT Refer to Special Provisions of Contract for project specific testing rates. Definitions: 1. Paving Concrete shall be understood to include concrete mainline, ramps, loops, integrant curb, shoulders, and curb and gutter placed adjacent to the concrete mainline with the same mixture as used in paving. 2. A concrete plant shall be understood to mean a paving plant, when concrete is hauled in dump or agitator trucks. Refer to Concrete Construction Materials Section to determine if any field samples are required. All samples for testing shall be taken in a random manner. All gradation samples shall be taken in the presence of the Agency, unless otherwise authorized by the Engineer. All Contractor gradation tests require companion samples. These samples are obtained from a larger sample that is reduced by splitting to obtain the sample sizes listed below for both the Contractor and the Agency. Gradation Sample Size: 10 —15 kg (25 lb.) for +19 mm (3/4" Plus) Coarse Aggregate 5 — 7 kg (10 -15 lb.) for -19 mm (3/4" Minus) Coarse Aggregate 5 kg (10 lb.) for CA -70 and Sand Quality Sample Size: Moisture Sample Size: Test Type Spec. No. Gradation Testing 3126 (QC /QA) 3137 (5- 694.145 and 5- 694.148) Coarse Aggregate Testing on -75 µm ( 4200) (QC /QA) (5- 694.146) 3137 Page 18 500 g (1.1 lb.) Fine Aggregate 2000 g (4.4 lb.) Coarse Aggregate Contractor Testing Agency Testing Form No. When over 200 m (250 yd is produced per day: 1 per 750 m (1000 yd or completed every four hours, whichever results in the highest sampling rate. Maximum of 5 per day Split all samples for Agency I per day Gradation is run on randomly selected Contractor split sample. Test the first 4 samples of production each time the Contractor mobilizes the plant or changes aggregate sources. 21764 Concrete Aggregate Worksheet JMF All sieve sizes specified in the Job Mix Formula (including fine sieves) will be required for the coarse gradations on the first day of production. The results of these tests shall be averaged on each sieve finer than the 9.5 mm [3/8 inch] for use in calculating the overall gradation. Test the first 4 samples of production each time the Contractor mobilizes the plant or changes aggregate sources. Test the first 4 samples of production each time the Contractor mobilizes the plant or changes aggregate sources. 21764 Concrete Aggregate Worksheet JMF If the Project Engineer determines that the cleanliness of the coarse aggregate has changed, the above procedure shall be repeated, otherwise, no additional fine sieve analysis on coarse aggregate shall be required. If the Project Engineer determines that the cleanliness of the coarse aggregate has changed, the above procedure shall be repeated, otherwise, no additional fine sieve analysis on coarse aggregate shall be required. Mn/DOT SD -15 April 3, 2009 IV. CONCRETE CONSTRUCTION ITEMS (Cont) (www.dot. state .mn.us /materials /concrete.html) Page 19 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. PAVING CONCRETE SUPPLIED BY A PAVING PLANT (CONT.) Test Type Spec. Contractor Testing Agency Testing Form No. No. Aggregate The Contractor shall complete and initial Randomly sampled at a rate of 1 per 750 m3 2152 Moisture Testing moisture content and adjust the batch water 3 or completed every four hours, (1000 or Concrete Batching Report (Verification) prior to the start of concrete production each whichevver er in the highest sampling (5- 694.142) day. rate. — If weather conditions allow, the Contractor Initial samples for moisture and microwave may perform moisture testing on representative material at the end of testing should be taken after batch ticket production the prior evening. water has stabilized indicating that the aggregate moisture has also stabilized. Water Content None Water content determination testing is Microwave Oven Determination completed in conjunction with Agency Worksheet Test aggregate moisture testing. Initial samples (Verification) for moisture and microwave testing should (5- 694.532) be taken after batch ticket water has stabilized indicating that the aggregate moisture has also stabilized. Quality Testing 3126 At Contractor's discretion Test each fraction 1 per month. See Special 2410 (Verification) 3137 Provisions to determine if additional testing Sample ID Card is required. Quality testing will be performed as directed by the Concrete Engineer. Air Content 2461 Test first load each day per mix 1 air test per day minimum 2448 (QC /QA) i per 300 in 3 (300 yd 3 ) - Weekly Concrete (5- 694.541) Report Air Content I set of air tests per day minimum 2448 (Verification) 2461 (1 test before the paver and 1 test after the Weekly Concrete (5- 694.541) paver for correlation) Report Slump 2461 Test first load each day per mix 1 slump test per day minimum 2448 (QC /QA) 1 per 300 m (300 yd except Weekly Concrete Report (5- 694.531) 1 slump test per day for slip form paving Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www. dot. state .mn.us /materials /conerete.html) Page 20 Please contact the Mn/DOT District Independent Assurance inspector when project starts to provide servicing of your project. PAVING CONCRETE SUPPLIED BY A PAVING PLANT (CONT.) Test Type Spec. Contractor Testing Agency Testing Form No. No. Flexural Strength 2301 1 beam (2$ -day) per day or 1 per 4000 m3 Agency supplies beam boxes, cures, and 2162 (5- 694.521) 3 (5000 yd ), whichever results in the lowest tests beams. Concrete Test Beam Data sampling rate with a minimum of 1 per _ .. week. A minimum of 2 beams per week is required, when production is 3 or more days per week. Make additional control beams as necessary The Contractor fabricates beams, delivers beams to curing site, and cleans beam boxes. Thickness 2301 The Contractor drills concrete cores for Coring is performed at locations determined 24327 thickness verification. In addition to coring, by the Agency using random numbers. The Field Core Report the Contractor may be required to verify the Agency initials pavement at core locations thickness of the concrete by other methods at and re- initials the sides of specimens after a rate specified in the Special Provisions of coring to clearly verify their authenticity. the contract. Surface 2301 Contractor provides Mn/DOT certified If the Contractor's test results are in Incentive/Disincenti Smoothness Inertial Profiler Results, and computerized question, the Project Engineer may request ve Smoothness Ride Quality FRD files. that an Independent Source retest the entire Worksheet project. Mn/DOT SD -15 April 3, 2009 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.dot.state.mn.us /materials /concrete.html) Page 21 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. PAVING CONCRETE SUPPLIED BY A CERTIFIED READY -MIX PLANT Refer to the Special Provisions of Contract for project specific testing rates. NOTE: When work requires that a Certified Ready Mix Concrete Plant be dedicated to a paving project, a full -time plant monitor and daily Verification (Audit) samples are recommended. Definitions: 1. Paving concrete shall be understood to include concrete mainline, ramps, loops, integrant curb, shoulders, and curb and gutter placed adjacent to the concrete mainline with the same mixture as used in the paving. — 2. A concrete plant shall be understood to mean a ready -mix plant when concrete is hauled in revolving drum agitator trucks or transit -mix trucks. Refer to Concrete Construction Materials Section to determine if any field samples are required. All QC and Verification gradation tests require companion samples. These samples are obtained from a larger sample that is reduced by splitting to obtain the sample sizes listed below for both the Producer /Contractor and the Agency. Gradation Sample Size: 10 —15 kg (25 lb.) for +19 mm (3/4" Plus) Coarse Aggregate 5 — 7 kg (10 -15 lb.) for -19 mm (3/4" Minus) Coarse Aggregate 5 kg (10 lb.) for CA -70 and Sand Quality Sample Size: 25 kg (50 lb.) Coarse Aggregate 15 kg (30 lb.) Fine Aggregate Moisture Sample Size: 500 g (1.1 lb.) Fine Aggregate 2000 g (4.4 lb.) Coarse Aggregate Test Type Spec. Producer /Contractor Testing Agency Testing Form No. No. Gradation Testing 3126 1 per 200 m (250 yd 3 ) or completed every The Agency is required to test all QA (QC 21764 (QC /QA) 3137 four hours, whichever results in the highest companion) samples, when a Verification Concrete Aggregate (5- 694.145 and sampling rate. test fails or when a Verification Companion Worksheet JMF 5- 694.148) is outside of Lab -Field Tolerance. The Producer shall complete the initial or aggregate gradations prior to the start of concrete production each day. The Producer 21763 Concrete may perform testing on representative As a check on field testing equipment when Aggregate material at the end of the most recent day of QA testing is performed in the field, send Worksheet production. The Producer must have a one split gradation sample per month to passing gradation each day prior to District Laboratory for comparison testing. beginning production. The Producer is not required to wash the fine aggregate gradation (QC) sample, if the result on the -75µm ( #200) sieve of the unwashed sample is less than 1.0 %. The Producer is responsible for holding QA (QC companion) samples until they are picked up by the Agency monitor. If not picked up, they may be discarded after two weeks. Mn/DOT SD -15 April 3, 2009 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www. dot. state.mn.us /materials /Concrete.html) Page 22 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. PAVING CONCRETE SUPPLIED BY A CERTIFIED READY -MIX PLANT (CONT.) Test Type Spec. Producer /Contractor Testing Agency Testing Form No. No. Gradation Testing 3126 The Producer is required to test the Coarse and Fine: 1 per day or 1 per 1000 m3 2449 (Verification/ 3137 Verification Companion sample. Test to be d 3 ) (Y, whichever results in the lowest Weekly Concrete Verification completed during the day on which the Aggregate Report Companion) sample was taken. sampling rate. (5- 694.145 _ . 24143 and The Producer must wash all fine aggregate inmum o Verification sample per A m i f 1 V Weekly Certified 5- 694.148) Verification Companion samples. week is required. .A minimum of 2 Ready -Mix Plant Verification samples per week is required Report when Certified production is 3 or more days per week. Take more Verification samples when production problems exist. Moisture Testing 1 per 200 m (250 yd or completed every None 2152 ( four hours, whichever results in the highest Concrete Batching (5- 694.142) sampling rate. Report The Producer shall complete the initial moisture content and adjust the batch water prior to the start of concrete production each day. If weather conditions allow, the Producer may perform moisture testing on representative material at the end of production the prior evening. In this event, the four -hour rate will commence with the first pour of the day, regardless if it is placed in Agency or private work. Use of Moisture Probe on Fine Aggregate: In lieu of performing oven dry moisture contents on fine aggregate, the Producer may use a moisture probe. The Producer must complete an oven dry moisture comparison on the fine aggregate at a minimum rate of once per week. The Producer must perform the initial moisture content by the oven dry method for all critical pours involving any of the following mixes (3Y33, 3Y36, 3Y46, 3A21). Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www. dot. state .mn.us /materials /concrete.html) Page 23 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. PAVING CONCRETE SUPPLIED BY A CERTIFIED READY -MIX PLANT (CONT.) Test Type Spec. Producer /Contractor Testing Agency Testing Form No. No. Quality Testing 3126 At Producer's /Contractor's discretion Test each fraction 1 per month. See Special 2410 (Verification) 3137 Provisions to determine if additional testing Sample ID Card is required. Quality testing will be performed as directed M by the Concrete Engineer. Coarse Aggregate 3137 At Producer's /Contractor's Discretion Testing rate for cleanliness of coarse 2410 Testing on aggregate as directed by the Engineer. Sample ID Card -75µm ( #200) (Verification) (5- 694.146) Air Content 2461 None Test first load each day per mix 2448 (Verification) 1 per 200 m (250 yd 3 ) Weekly Concrete (5- 694.541) Report 1 set of air tests per day minimum (1 test before the paver and 1 test after the paver for correlation) Slump 2461 None Test first load each day per mix 2448 (Verification) 1 per 200 m (250 yd3)except Weekly Concrete (5- 694.531) 1 slump test per day for slip form paving Report Flexural/ 2301 None 1 beam or cylinder (28 -day) per day 2162 Compressive Concrete Test Strength Make additional control specimens as Beam Data (5- 694.521 and necessary 5- 694.511) Thickness 2301 The Contractor drills concrete cores for Coring is performed at locations determined 24327 thickness verification. In addition to coring, by the Agency using random numbers. The Field Core Report the Contractor may be required to verify the Agency initials pavement at core locations thickness of the concrete by other methods, and re- initials the sides of specimens after at a rate specified in the Special Provisions coring to clearly verify their authenticity. of the contract. Surface 2301 Contractor provides Mn/DOT certified If the Contractor's test results are in Incentive/ Smoothness Inertial Profiler Results and computerized question, the Project Engineer may request Disincentive Ride Quality FRD file. that an Independent Source retest the entire Smoothness project. Worksheet Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www. dot. state .mn.us /materials /Concrete.html) Page 24 PIease contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. LOW SLUMP CONCRETE FOR BRIDGE DECK OVERLAYS Refer to Concrete Construction Materials Section to determine if any field samples are required. Gradation Sample Size: 10 —15 kg (25 lb.) for +19 mm (3/4" Plus) Coarse Aggregate 5 — 7 kg (10 -15 lb.) for -19 mm (3/4" Minus) Coarse Aggregate 5 kg (10 lb.) for CA -70 and Sand Quality Sample Size: 25 kg (50 lb.) Coarse Aggregate 15 kg (30 lb.) Fine Aggregate Test Type Spec. Contractor Testing Agency Testing Form No. No. Gradation Testing 3126 None 1 per fraction prior to commencing 21412 (Verification) 3137 operations and each time aggregate Weekly Report of (5- 694.145 and 5- 694.148) is delivered to the site "Low Slump Concrete" Quality Testing 3126 None As directed by the Project Engineer. (Verification) 3137 Quality testing will be performed as directed by the Concrete Engineer. Air Content 2461 None Test at beginning of pour each day. (Verification) 1 per 15 m (yd 3) (5- 694.541) Slump 2461 None Test at beginning of pour each day. (Verification) 1 per 15 in (yd 3 ) (5- 694.531) For low -slump concrete from a concrete - mobile, allow mix to hydrate 4 to 5 minutes before slump test to assure all cement is saturated. Compressive Strength 2461 None 3 3 1 cylinder per 30 m (yd) 2409 1L_ (Verification) Minimum of 1 per project ID Card Concrete Test (5- 694.511) Cylinder Mn/DOT SD -15 April 3, 2009 IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www. dot. state .mn.us /materials /concrete.html) Page 25 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CONCRETE PAVEMENT REPAIR (CPR) FOR CONCRETE NOT SUPPLIED BY CERTIFIED READY -MIX Refer to Concrete Construction Materials Section to determine if any field samples are required. Gradation Sample Size: 10 —15 kg (25 lb.) for +19 mm (3/4" Plus) Coarse Aggregate 5 — 7 kg (10 -15 lb.) for —19 mm (3/4" Minus) Coarse Aggregate 5 kg (10 lb.) for CA -70 and Sand and 3U18 bag mix. Quality Sample Size: 25 kg (50 lb.) Coarse Aggregate 15 kg (30 lb.) Fine Aggregate Test Type Spec. Contractor Agency Testing Form No. Testing No. Gradation Testing 3126 None 1 per fraction prior to commencing operations and each time aggregate (Verification) 3137 is delivered to the site. 2410 (5- 694.145 and 5- 694.148) Sample ID Card When Bagged Portland Cement Concrete Patching Mix Grade 3U18 is supplied (any size bags) to the project, the dry blended mixture shall be sampled from the Contractor's field batching apparatus. The minimum sampling rate shall be 1 sample per shipment. The samples shall be submitted to the Central Laboratory for testing. The samples shall be wet - washed through the 75µm ( #200) sieve to remove the portland cement and the aggregate retained on the 75µm ( #200) sieve shall be dried prior to performing gradation testing to verify compliance with 3105.2B. Quality Testing 3126 None 1 per fraction prior to commencing operations and each time aggregate (Verification) 3137 is delivered to the site. Quality testing will be performed as directed by the Concrete Engineer. Air Content 2461 None Test at beginning of pour each day. 2448 (Verification) 1 per 15 m (yd 3 Weekly Concrete (5- 694.541) Report Slump 2461 None Test at beginning of pour each day. (Verification) 1 per 15 m (yd 3) (5- 694.531) Compressive Strength 2461 None 1 cylinder per 30 m (yd 3) 2409 (Verification) Minimum of 1 per project ID Card Concrete (5- 694.511) Test Cylinder Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL IV. CONCRETE CONSTRUCTION ITEMS (Cont.) (www. dot. state .mn.us /materials /Conerete.html) Page 26 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. DOWEL BAR RETROFIT MATERIAL Test Type Spec. No. Contractor Testing Agency Testing Form No. Compressive Strength 2461 None During the test operations: 2409 (Verification) 2519 1 set of 3 cylinders tested at 3 hours ID Card (5- 694.511) 1 set of 3 cylinders tested at 1 day Concrete Test Testing may need to be repeated if any problems with the Cylinder dowel bar retrofit material are encountered. First day of production: 1 set of 3 cylinders tested at 3 hours 1 set of 3 cylinders tested at 1 day After the first day of production: 1 cylinder per day during production tested at rate determined by Engineer. CONTROLLED LOW STRENGTH MATERIAL (CLSM) OR CELLULAR CONCRETE Test Type Spec. No. Contractor Testing Agency Testing Form No. Compressive Strength 2461 None 1 set of 4 cylinders per day 2409 (Verification) 2519 Minimum of 1 set of 4 per project ID Card (5- 694.511) Concrete Test 4 x 8 cylinders shall be filled in two equal lifts, do not rod Cylinder the concrete, lightly tap the sides, cover and move to area with minimal or no vibration. Do not disturb for 24 hours. Mn/DOT SD -15 April 3, 2009 i` W. CONCRETE CONSTRUCTION ITEMS (Cont.) (www.dot. state .mn.us /materials /Concrete.html) Page 27 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CONCRETE CONSTRUCTION MATERIALS Refer to Metallic Materials and Metal Products for sampling requirements for concrete reinforcement. CEMENTITIOUS MATERIALS All cementitious materials must come from certified sources. All certified sources must state so on the Bill of Lading. The most current approved list of certified sources can be found at www.dot.state.mn.us /products Material Spec. Minimum Required Minimum Required Sampling Sample Form No. Acceptance Testing Rate for Laboratory Testing Size No. (Field Testing Rate) Standard Portland 3101 The Producer obtains and stores the 2 kg (5 lb) 24300 High Early Portland sample in a sealed container ID Card Air Entraining Portland provided by the Agency, and Cement Samples Air Entraining High - includes the supplier's bill -of- lading Early Portland from which the sample is obtained. Portland Pozzolan 3102 2 kg (5 lb) 24300 Blended Cement Sample once per project or once ID Card Ground Granulated Blast 3103 every 3 months, whichever is less. Cement Samples Furnace Slag (GGBFS) Take additional samples as Concrete Fly Ash 3115 2 kg (5 lb) 24308 ID Card Engineer directs Fly Ash Samples ADMIXTURES FOR CONCRETE Only admixtures from approved sources are allowed for use. The most current lists of approved admixtures can be found at www.dot.state.mn.us/products Material Spec. Minimum Required Minimum Required Sampling Sample Form No. Acceptance Testing Rate for Laboratory Testing Size No. (Field Testing Rate) Accelerating, Retarding, 3113 For Concrete Pavement 0.25 L (1/2 pt) 2410 Water - Reducing, 1 sample for each shipment for each Sample ID Card Air - Entraining, etc. type, brand, and concentration Producer obtains (Minimum of 1 per project) samples from dispensing tubes For Other Concrete Sample once per project or once Store samples in every 3 months, whichever is less. plastic container WATER Material Spec. Minimum Required Minimum Required Sample Form No. Acceptance Testing Sampling Rate for Laboratory Size No. (Field Testing Rate) Testing 3906 Visual Inspection 1 sample from any questionable 3.5 L (1 gal) 2410 source Store sample in a Sample ID Card clean glass or plastic container Mn/DOT SD - 15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL IV. CONCRETE CONSTRUCTION ITEMS (Cont) (www. dot. state .mn.us /materials /Concrete.html) Page 28 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CONCRETE CONSTRUCTION MATERIALS (CONT.) CURING MATERIALS Only curing materials from approved sources are allowed. The most current list of approved curing membrane compounds can be found at www.dot.state.mn.us/products Minimum Required Minimum Required Spec. Acceptance Testing Sampling Rate for Sample Form Material No. (Field Testing Rate) Laboratory Testing Size No. Burlap 3751 Visual Inspection 1 in 22 (1 yd?) 2410 Sample ID Card Paper 3752 Visual Inspection 0.25 m (2 f�) 2410 Sample Must be white opaque ID Card Plastic 3756 Visual Inspection 0.25 m (2 ft) 2410 Must be white opaque Sample ID Card A Certificate of Compliance shall be submitted to the Project Engineer from the Manufacturer certifying that the plastic complies with AASHTO M171. Membrane 3754 Refer to the approved 1 liter (1 qt) 2410 Compound 3754AMS products list of curing Sample ID Card 3755 compounds for Materials must be pretested lots or call thoroughly stirred or (651) 366 -5556 to agitated immediately verify approval before prior to taking sample. applying. Store sample in steel container. Cover sample immediately. JOINT MATERIALS Only joint materials from approved sources are allowed for use. The most current list of approved hot pour & silicone sealants can be found at www.dot.state.mn.us /products Material Spec. Minimum Required Minimum Required Sample Form No. Acceptance Testing Sampling Rate for Size No. (Field Testing Rate) Laboratory Testing Hot Poured 3719 1 per lot 5 kg (10 lb) 2410 Sample ID Elastomeric Type 3723 Take samples from Card 3725 application wand Silicone Joint 3722 1 per lot 0.5 liter (1 pt) 2410 Sample ID Sealer Store sample in steel Card container Preformed 3721 Visual Inspection 1 per lot 2 in (6 ft) 2410 Sample ID Elastomeric Type Card Preformed 3702 Visual Inspection 0.25 m (2 fl) 2410 Sample ID Card Mn/DOT SD -15 April 3, 2009 09) lop I 1 i O ki F41- o ' I V. LANDSCAPING AND EROSION CONTROL ITEMS Page 29 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Form Minimum Required Sampling Sample Kind of Material Spec. No. Acceptance Testing No. Rate for Laboratory Testing Size (Field Testing Rate) 1. Plant Stock & Landscape 3861 and Field Inspection at Job Site submit Materials a 2571.2A1 itemized report for each shipment. b a Preliminary inspection will not be done at the source. Material must be in accordance with the Inspection and Contract Administration Guidelines for Mn/DOT Landscape Projects. b Utilize "Inspection and Contract Administration Guidelines for Mn/DOT Landscape Projects" to determine and measure and maximum criteria thresholds. The following documentation must be provided as a condition for delivery and approval: 1. A Mn/DOT Certificate of Compliance for Plant Stock, Landscape Materials, and Equipment 2. A valid copy of a nursery stock (dealer or grower) certificate registered with the MN. Dept. of Agriculture and /or a current nursery certificate/license from a state or provincial Dept. of Agriculture for each plant stock supplier. 3. A copy of the most recent Certificate of Nursery Inspection for each plant stock supplier. 4. Plant material shipped from out -of -state nursery vendors subject to quarantines (Gypsy Moth, Emerald Ash Borer, and Japanese Beetle) must be accompanied by documentation certifying all plants shipped are free of regulated pests. 5. Bills of lading (shipping documents) for all materials delivered. 6. Invoices (billing statements) for all materials to be used. 7. Each bundle, bale, or individual plant must be legibly and securely labeled with the name and size of each species or variety. 2. Fertilizer c 3881 Visual Inspection None c BAGGED: Inspected on the basis of guaranteed analysis. Rate based on fertility analysis of slope dressing /topsoil. BULK: Inspector to obtain copy of invoice of blended material stating analysis. Check the type specified. 3. Agricultural Lime d 3879 One gradation test for each 180 Metric Ton (200 ton) --- ---- --- ------- ----- - - --- -- -- -- ---- ----- ----------- ---- ------------------- --- d Contractor must supply amount of ENP (Equivalent Neutralizing Power) for each shipment. 4. Topsoil Borrow, 3877.2 None From each source: One composite 10 kg Select Topsoil Borrow, & sample for the first 765 m (1,000 (20 lb.) Premium Topsoil Borrow a Cu yd) or less. One composite Salvaged Topsoil (stockpiled) sample for each additional 2,300 m (3,000 Cu yd) or fraction thereof. e Testing takes about three weeks after delivery of the sample to the Department Laboratory. Sampling shall be done once source is identified or existing topsoil is stockpiled. Check acceptance schedule Spec 2105 Table 2105 -1. Small Quantity - 230 m (300 Cu yd) Mn/DOT SD -15 April 3, 2009 V. LANDSCAPING AND EROSION CONTROL ITEMS (cont'd) Page 30 . Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Spec. Minimum Required Form Minimum Required Sample Kind of Material No. Acceptance Testing No Sampling Rate for Size (Field Testing Rate) Laboratory Testing 5. Mulch Material A. Type 3 Mulch - Certified 3882 Visual Inspection, Check if from Certified Weed Free (Certified sources Vendor by Minnesota Crop Improvement only) f Association. Must be tagged, grain straw only. - --- -------- --- -- -- --- - --- --- ---- - -- - -- ---------- -- --- -------- -- --- --- -- -- - -- - -- -------------- f Certified mulch will be indicated by label. ----- --- ------ ----- ----- - - ----------------- B. Type 6 Mulch - Woodchips 3882 Visual Inspection, one gradation per Gradation 1/3825 m supplier. (1 15000 yd 3 ) per supplier. 6. Seeds 3876 A. Seeds (Certified Vendors 3876 Check for guaranteed analysis labels. If Sampling only, if quantity used is 0.5 L Only) (Mixes 100 -299) g materials are on hand and past the twelve more than 1800 kg. (4,000 lb.) (1 pint) months, testing must be done. -- - ------------------------------------------- Send to Brett Troyer M.S. 620 ---- - - - - -- g Seed guaranteed as meeting the requirements is identified by official guaranteed analysis labels affixed to each container of seed in addition to the customary seed tag. Any moldy or insect contaminated seed must be rejected. B. Native Seed (Mixes 300- 3876 Check if from Certified Vendor by None Sample only if quantity used is 399) certified seed only h Minnesota Crop Improvement more than 1800 kg. (4,000 lb.) Association, Must be tagged. If materials are on hand and past the twelve months, Send to: Brett Troyer M.S 620 testing must be done. ---- --- -- -------- ----- ----- - -- ---- - - - -- ----------- - ----- --------- --- ----- ---- ---- --------------- h Certified seed will be indicated by label on containers. ------ --- -- --- -- -- ------ - --- -- --- - --- - -- 7. Erosion Control Blanket 3885 Visual Inspection None Random - See Footnote' 1 m (1 Sq yd) i Periodic tests from approved sources to verify quality. Check approved products list 8. Erosion Control Netting 3883 Visual Inspection None Random - See Footnote 1 S (1 S --- Periodic tests from approved sources to verify quality. Check approved products list 9. Peat Moss k 3880 Final Inspection at Job Site None For material furnished in bulk; one 2 -1/4 kg sample for 100 m (100 Cu. yd.) or (5 lb.) less. An additional sample for --- ------ ------- -------- - - -- - each 200 m or less, thereafter. - - ---- ------ -------------- ----- --- ----- ----- --- - --- -- ---------------- --- ---- -------- ----- ---- ---- -- ----------- k Submit Samples in moisture proof bags. Materials furnished in packaged form may be accepted on the basis of guaranteed analysis. 10. Sod 1 3878 Final Visual Inspection at site. None I - ------- -------- --- ----------- ---- - - - - - -- ----------- --- -------- -- ------------ - - - --- --------------- --- -- --- ---------- ------ --- ---- ---- - -- --- 1 A Certificate of Compliance must be furnished by the producer to the Engineer for the type of sod supplied showing correct grass varieties. WDOT SD -15 April 3, 2009 V. LANDSCAPING AND EROSION CONTROL ITEMS (cont'd) Page 31 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Minimum Required Sampling Rate Sample Kind of Material Spec. No. Acceptance Testing Form No. for Laboratory Testing Size (Field Testing Rate) 11. Silt Fence m 3886 Visual Inspection. Check For amounts 300m (1000 ft) or greater. 3 in (9 ft) Product Label. Obtain Certificate of Compliance with MARV values m Samples sent 21 days prior to use. Check Approved Products List of accepted geotextiles. 12. Flotation Silt Curtain n 3887 Visual Inspection None Random - See Footnote n 1 m (I yd) n Accepted, based on manufacturers' guaranteed results. Check weight of fabric. 13. Compost A. Compost Certified Source ° 3890 Visual Inspection None 12 kg (251 l b.) Accepted on the basis of certified test reports furnished to the Engineer by the supplier. Periodic sampling to verify quality. Check approved source list. B. Compost Non - Certified Must be sampled - One Sample per 300 Source p m (500 Cu Yd) P Submit samples six weeks before use. Small quantity 75 m (100 Cu Yd) or less. 14. Erosion Stabilization 3888 Visual Inspection None See Footnote q 1 m Mat q (1 Sq yd) q Periodic tests from approved sources to verify quality. Check Approved Products List 15. Sediment Mat r 3894 Visual Inspection None See Footnote r 1 m (1 Sq yd) r Periodic tests from approved sources to verify quality. 16. Fiber Logs 3895 Visual Inspection None See Footnote s 1 m (I Sq yd) s Periodic tests from approved sources to verify quality. 17. Inlet Protection t 3891 Visual Inspection None --- ---- 7 ----------- ----------------------- ---------- t Periodic tests from approved sources to verify quality. Check approved products list and Specification. 18. Hydraulic Soil 3884 Slump Test for Type 8 None None Stabilizer u u Periodic tests from approved sources to verify quality. Check approved products list. Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL Page 32 V. LANDSCAPING AND EROSION CONTROL ITEMS (cont'd) Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Form Minimum Required Kind of Material Spec. No. Acceptance Testing Sampling Rate for Sample Size (Field Testing Rate) N0 ' Laboratory Testing 19. Filter Logs v 3897 Visual Inspection None None -- ---- ----------------- - - - --- ------------------- v Periodic tests from approved sources to verify quality. Check approved products list. 20. Flocculants w 3898 Visual Inspection None None W Periodic tests from approved sources to verify quality. Check approved products list. '!! Mn/DOT SD -15 April 3, 2009 Page 33 SCHEDULE OF MATERIALS CONTROL VI. CHEMICAL ITEMS Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. CALL CHEMICAL LABORATORY (651) 366 -5548 Minimum Required Form Minimum Required Sampling Sample Size Kind of Material Spec. No. Acceptance Testing No. Rate for Laboratory Testing (Field Testing Rate) 1. Asphalt Plank 3204 Visual Inspection 2410 1 per 1,000 plank or less of each 3 —1 linear in Sample thickness in each shipment (yd) pieces ID Card samples from different planks 2. Calcium Chloride 3911 Visual Inspection 2410 Liquid: 1 per 40,000 L 0.5 L (1 pint) Sample (1 per 10,000 gal) 0.5 kg (1 lb.) in Magnesium Chloride 3912 ID Card Dry: 1 per shipment Plastic Container 3. Waterproofing Materials --------------------------------------------------------------------------------------------------------------------------------------------- Only waterproofing systems from approved sources are allowed for use. The most current list can be found at wwwAot.state.mn.us /products A. Membrane 3757 Visual Inspection 2410 1 per shipment (Membrane Only) 0.1 m' (1 Sq Ft) Waterproofing System Sample ID Card ----- ------ ----- ---- --- - - - - - -- ------- --- - -- ------- ------ ----- --- --- -- - -- - -- ---- - - -- -- -- - - - - -- Membrane Waterproofing System: The manufacturer shall submit a one square foot sample of the membrane along with a letter of Certification and test results stating that the membranes meet the requirements of this specification. Other components of the waterproofing system do not need to be sampled for testing. The manufacturer shall also submit detailed technical data sheets for all components of the membrane waterproofing system. Other components of the waterproofing system do not need to be sampled for testing. B. Three Ply System Three Ply System, containers will be stamped if approved prior to shipment. CALL. CHEMICAL LABORATORY (651) 366 -5548 i. Asphalt Primer 3165 Visual Inspection 2410 1 per shipment 0.5 L (1 pt.) in Sample steel container ID Card ii. Waterproofing Asphalt 3166 Visual Inspection 2410 1 per shipment 0.5 L (1 pt.) in Sample steel container ID Card iii. Fabric 3201 Visual Inspection 2410 1 per shipment I m (1 Sq yd) Sample ID Card Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL VI. CHEMICAL ITEMS (cont'd) Page 34 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Kind of Material Spec. No. Minimum Required Form Minimum Required Sampling Sample Size Acceptance Testing No. Rate for Laboratory Testing (Field Testing Rate) 4. Paints A. Traffic Marking Paint Only traffic marking paints from Qualified Products List are allowed for use. i. Waterborne Latex 3591 Visual Inspection 2410 1 per lot 0.5 L (1 pint) Sample ID Card ii. Epoxy Traffic Paint 3590 Visual Inspection 2410 1 Part A per lot 0.5 L (1 pint) Sample 1 Catalyst Part B per lot ID Card . - -- -- -- ------ ---- ----- - -- ---------------------- ---- --- --- --- ---- -- - - ---- --• --- -- - - ---- Waterborne Latex and Epoxy Traffic Paint: The most current Qualified Products List can be found at www.dot.state.mn.us/oroducts Call Laboratory at (651) 366 -5550 for pre - approved lots. iii. Other Special Visual Inspection 2410 1 Part A per lot 0.5 L (1 pint) Provisions Sample 1 Catalyst Part B per lot ID Card ----------------------------------- --------------- - For traffic marking paints other than Waterborne Latex and Epoxy see Special Provision for Qualified Products List. B. Non - Traffic Striping 3500 Series Visual Inspection 02415 For pre- approved paints submit 0.5 L (I pint) Paints Form 02415 listing batch number. Call Chemical Laboratory for pre - approved lots - - -- ---- ---- --- -- ----- -- - - -- -- --------------- - Only approved paints are allowed for use. For bridge coatings, see www.dot.state.mn.us/products for the approved products list. For all others, see the Special Provisions. Send color sample to Chemical Laboratory for color matching. 5. Drop -on Glass Beads 3592 Visual Inspection 2410 1 per lot 1 L (qt.) - --- ---- ------------- ----- -- - - -- ----------------- Only glass beads from Qualified Products List are allowed for use. The most current Qualified Products List can be found at www.dot.state.mn.us /products Call Laboratory at (651) 366 -5550. 6. Pavement Marking 3353 Visual Inspection 2410 1 clean sample of each color per lot 3 in (3 yds.) Tape 3354 Sample 3355 ID Card Special Provisions ----------------------------------------------- ----------------- Only pavement marking tape from Qualified Products List are allowed for use. The most current Qualified Products List can be found at www.dot.state.mn.us/nroducts 7. Signs and Markers 3352 Visual Inspection - - 02415 None unless material suspect ---- -- ------ - ----------- ---- -- --------------- --- ----------------- Only SIGNS AND MARKERS from Qualified Products List are allowed for use. The most current Qualified Products List can be found at www. dot. state.nin.us/nroducts Mn/DOT SD -15 April 3, 2009 VII. METALLIC MATERIALS AND METAL PRODUCTS Page 35 Dln.en +f MnInnT D;e +r +TnAa na"rlpnt Aecnranre Tncneotnr when nrniert ctartc to nrnvide servicing of vour nroiect. Kind of Material Spec. No. Minimum Required Acceptance Testing Form Minimum Required Sampling Rate for Sample Size No. Laboratory Testing (Field Testing Rate) 1. Guard Rail A. Fittings - Splicers, 3381 Visual Inspection 02415 or Bolts: 2 Post bolts and 4 splice bolts with nuts for Bolts, etc. 2403 each 1,000 units or less. B. Cable 3381 Visual Inspection Same I sample from each spool 1.2 in (4 ft) C. Structural Plate Beam 3382 Visual Inspection Same One sample from one edge of each 200 rail sections Full depth x or one sample of each 100 terminal sections 0.25 in (full depth x 10 ") REMARKS: Applicable to all Guardrail A, B,. & C. To be approved before use. Pre - tested or Inspected will carry "Inspected" tag. Not Pre - tested: Submit laboratory samples at required laboratory rate. For small quantities, lab samples not required, but document on Form 02415 or 2403 and maintain in project file. SMALL QUANTITIES: Rail Sections - 20 or less Terminals - 10 or less Post Bolts -100 or less Splice Bolts -100 or less 2. Steel Posts A. Sign Posts 3401 Visual Inspection 02415 or Two posts per shipment of each MASS per UNIT Submit shortest 2403 LENGTH full sized length of each weight, not a scrap piece. B. Fence Posts, Top 3403* Visual Inspection Same Include all of the following, if used on the project: Need full length Rails and others 3406* For posts and top rail, one sample per 500 pieces or for posts used in 3379* less, but not less than two samples per shipment; the ground (line, Three each of the following fittings and hardware terminal, "C" and items (cups, caps, nuts and bolts, end clamp, tension anchor posts), bands, and truss rod tightener); not scrap pieces. Twelve hog rings; Six tie wires, Need Y length of One full tension stretcher bar; One truss rod, cut to top rail, and 2 -foot minimum to include threaded section. brace bar. For others see column to the left <—. ------------------------ ----- -- - - - --- ------- - - - - -- REMARKS: * For 3403, 3406, & 3379 submit Certificate of Compliance and certified mill analysis with sample. Note: For fence items, two additional samples are needed for a retest, therefore it is recommended that two additional samples be taken and retained for each sample sent in for lab testing. If the initial test passes, then the additional items should be returned to the Contractor. 3. Fence Wire A. Barbed 3376* Visual Inspection 02415 or One sample per 50 spools or fraction thereof 1 in (3 ft) 2403 B. Woven 3376* Visual Inspection Same One full height sample per 50 rolls I in (3 ft) C. Chain Link Fabric 3376* Visual Inspection Same One sample for each 1,500 in (5,000 ft) of fencing 0.3 in (I ft) ------------------ - - - - -- ------------ - - - - -- L ------------ - - - - -- --- - - - - -- I --------------------------------------------------- ------------------ REMARKS: * For 3376, submit Certificate of Compliance. Two additional samples are needed for a retest; see note above (VII, 2 B). 4. Water Pipe and 3364, 3365, 3366 02415 or other Piping Materials & Special 2403 Provisions - --- -- -............................................ --- -- ----- --- ----- - - - -- -------- ---- --- - -- ----- -- ---- - -- - - -- -- - - - - - -- - REMARKS: To be identified and tested if necessary nrior to use. Retain Form 02415 or 2403 in project files. SEE SPECIAL PROVISIONS. Mn/DOT SD -15 April 3, 2009 VII. METALLIC MATERIALS AND METAL PRODUCTS (Cont'd) Page 36 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Minimum Required Kind of Material Spec. No. Acceptance Testing Form No. Sampling Rate for Sample Size (Field Testing Rate) Laboratory Testing 5. Reinforcing Steel A. Bars i. Uncoated 3301 Visual Check for Size and 02415 or No Field Sample Necessary Grade Marking 2403 u. Epoxy Coated 3301 Visual Check for Size and Same One sample (` p xy sample (1 bar) of each size 1 m (3 ft) Grade Marking and "Inspected" bar for each day's coating tag (See Remarks) production iii. Spirals 3305 One per shipment 1 in (3 ft) -- -- - --- --- - -- -- -- ---- --- ---- -- --- --- ---- - - ---- ----- -- -- -- - - - REMARKS: For Uncoated bars - Retain Certificate of Compliance and Certified Mill Analysis in Project File. For Epoxy- Coated bars, steel will be tagged "Inspected" when it has been sampled and tested by Mn/DOT prior to shipment, and 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, Certificate of Compliance, and Certified Mill Analysis. B. Steel Fabric 3303 Visual Inspection No Field Sample Necessary - - -- ---- -- ----- -------- -- -----•---- -------------------- REMARKS: Retain Certificate of Compliance in project file. C. Dowel Bars 3302 One Dowel Bar from each Full Size Dowel shipment Bars --- ---- ---- ----- -------- -- ---- -- - - - - - - -- REMARKS: For all types of dowels — Each project shall have a Certificate of Compliance from the Manufacturer certifying that all materials used in fabrication of the dowel bars and baskets comply with all applicable specifications. The Manufacturer shall maintain all records necessary for certification by project. The Certificate of Compliance shall be submitted to the Project Engineer. D. Prestressing or 3348 One sample (2 strands) from 1.8 in (6 ft) Post - Tensioning each heat (see remark ii) Strand - -- ------ ----- ---- -- - -- - -- -------------------- REMARKS: i Submit one copy of mill certificate and one copy of the stress - strain curve representative of the lot with the samples. ii) Note for most manufacturers, a heat equals a production lot, and an individual lot, pack, or reel is a subset of a heat/production lot. 6. Drainage and 3321 Visual Inspection* 02415 or ALL CASTINGS Three tensile Electrical Castings 2471 2403 bars to be cast with each heat at 2565 Foundry and submitted to the Laboratory by an approved Foundry*. See 3321. Call Maplewood Laboratory at 651- 366 -5540 for list of approved foundries, or see website. REMARKS: Inspect in the field and retain Form 02415 or 2403 in project file, showing NAME OF FOUNDRY AND QUANTITY 7. Anchor Rods and 3385 Pre Approved Bolts (Cast in Place) 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. 8. Anchorages Special Provisions Visual Inspection Three complete anchorages (Drilled In) I • • -------------- •--- --- - - - - -- Note: Before installation, verify that anchorages are on the qualified products list www.dot.state.mn.us /products Mn/DOT SD -15 April 3, 2009 VII. METALLIC MATERIALS AND METAL PRODUCTS (Cont'd) Page 37 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Form Minimum Required Kind of Material Spec. No. Acceptance Testing No. Sampling Rate for Sample Size (Field Testing Rate) Laboratory Testing 9. Structural Steel A. For Concrete 2471 Field inspection: Check for 2415 or None except suspect material Entire lot Girders- Diaphragms damage and defects. Check 2403 quality and sole plates dimensions for contract compliance. -- - - - -- -- --- --- - - - --- ------------------------- ----------------------- --- ---- -- ------ --- - -- - -- ----- ----- -- -- ------ Remarks: Only suppliers (fabricators, galvanizers, paint shops) with approved Quality Control Plans (QCP's) shall only be used to supply diaphragms and sole plates. A list of approved suppliers can be found on the Bridge Office internet site. B. Steel Bearings 2471 Field inspection: Check for 2415 or None except suspect material Entire lot damage and defects. Check 2403 quality dimensions for contract compliance. -- -- ---- -- - - - - -- ------------------------ - ----- ---------- - - - --- ----- --- --- ---- --- - -- - --- --- ----- ---- -- -- -- -- ---- Remarks: Only suppliers (fabricators, galvanizers, paint shops) with approved Quality Control Plans (QCP's) shall only be used to supply steel bearings. A list of approved suppliers can be found on the Bridge Office internet site. C. Expansion joints 2471 Field inspection: Check for 2415 or None except suspect material Entire lot damage and defects. Check 2403 quality dimensions for contract compliance. -- -- ----- ------ - -- - -- --------------- - - -- ---- ----- -- ---- -- - ----- ---- -- ---- ---- - --- -- ----- --- ------ -------- Remarks: Only suppliers (fabricators, galvanizers, paint shops) with approved Quality Control Plans (QCP's) shall only be used to supply expansion joints. A list of approved suppliers can be found on the Bridge Office internet site. D. Railing- Structural 2471 Field inspection: Check for 2415 or None except suspect material Entire lot tube and ornamental damage and defects, especially 2403 quality the coating. Check dimensions for contract compliance. -- - -- -- ------ - - - - -- -------- - -- --- --------------------------------------------- I - ------- -- --- -------- ---- Remarks: Only suppliers (fabricators, galvanizers, paint shops) with approved Quality Control Plans (QCP's) shall only be used to supply structural tube and ornamental railing. A list of approved suppliers can be found on the Bridge Office internet site. E. Drainage Systems 2471 Field inspection: Check for 2415 or None except suspect material Entire lot damage and defects. Check 2403 quality dimensions for contract compliance. - --- - --- -- - - - - -- ------------------------- --------------------------------------------- I - ---- ----- ---------- --- ----- Remarks: Only suppliers (fabricators, galvanizers, paint shops) with approved Quality Control Plans (QCP's) shall only be used to supply drainage systems. A list of approved suppliers can be found on the Bridge Office internet site. F. Protection Angles 2471 Field inspection: Check for 2415 or None except suspect material Entire lot damage and defects. Check 2403 quality dimensions for contract compliance. ----- - ----- - -- - -- ------------------------ --------------------------------------------- --- -- --- ---- ---- ----- ---- - Remarks: Only suppliers (fabricators, galvanizers, paint shops) with approved Quality Control Plans (QCP's) shall only be used to supply protection angles. A list of approved suppliers can be found on the Bridge Office internet site. Mn/DOT SD -15 April 3, 2009 SCHEDULE OF MATERIALS CONTROL VIII. MISCELLANEOUS MATERIALS Page 38 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Minimum Required Kind of Material Spec. No. Acceptance Testing Form No. Sampling Rate for Sample Size (Field Testing Rate) Laboratory Testing 1. Timber, Lumber Piling & 3412 to Visual Inspection 02415 or Posts 3471 & 2403 3491 REMARKS: Untreated materials shall be inspected in the field and the results reported on Form 02415 or 2403. Treated materials shall be Certified on the Invoice or Shipping Ticket. Material is inspected and stamped by an Independent Agency as per Specification 3491. Contact Laboratory for additional information. 2. Miscellaneous pieces and 3392 02415 or Three samples of each item per Three of each type. Hardware (Galvanized) 3394 2403 shipment. Sample critical items only. (Critical items are load bearing, structurally necessary items.) REMARKS: Will carry "Inspected" tag if sampled and tested prior to shipment. No sample necessary if "Inspected ". 3. Insulation Board 3760 Visual Inspection 02415 or None 2403 4. Elastomeric Bearing Pads 3741 and Check dimensions Check repair One sample, with one or more Full size pad Special of tested pad internal plates annually from Provisions eaclr manufacturer. REMARKS: Submit copy of Certificate of Compliance with pad. DO NOT USE ANY PADS THAT ARE NOT CERTIFIED Mn/DOT SD -15 April 3, 2009 QU a mul , •� IX. GEOSYNTHETICS, PIPE, TILE, AND PRECASUPRESTRESSED CONCRETE Page 39 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Form Minimum Required Kind of Material Spec. No. Acceptance Testing N0 ' Sampling Rate for Sample Size (Field Testing Rate) Laboratory Testing 1. Corrugated Metal Products A. Culvert Pipe Underdrains 3225 thru Visual Inspection: Check for 02415 or Erosion control Structures 3229, 3351, good construction, 2403 and 3399 workmanship, finish requirements and shipping REMARKS: Make certain pipe is Certified on Invoice B. Structural Plate 3231 Visual Inspection: Invoice shall 02415 or include notation that material 2403 described is in accordance with fabricator's Certificate and Guarantee C. Aluminum Structural Plate 3233 REMARKS: The Fabricator's Certificate and Guarantee shall be on file in the Mn/DOT Central Laboratory. 2. Clay Pipe 3251 No samples required for less 02415 or 1 sample per 200 pieces of each Full Size Pipe than 100 pieces 2403 size. REMARKS: To be sampled and inspected in the field. 3. Concrete Pipe Kind of Material Spec. No. Tests by Producers Form Tests by Mn/DOT Sample Size No. A. Reinforced Pipe and Arches 3236 Field Inspection: Check for 2403 or 1 "companion" cylinder per Precast Cattle Pass Units damage and defects. Check 02415 month per plant during Sectional Manhole Units dimensions as required. Check production., or cylinder testing for producer's "Certified" stamp machine, whichever is greater. and signature on the certification Call Precast Inspection Engineer document. at 651- 366 -5540 for additional information. B. Non - Reinforced Concrete 3253 Field Inspection: Check for 2403 or 2 samples of each size from each Full Size - Pipe Pipe damage and defects. Check 02415 source unless inspected and dimensions as required. Check stamped at source. for producer's "Certified" stamp and signature on the certification document. Fine Aggregate 3126 I quality test per month during 10 kg (25 lb.) production for A and B above. Coarse Aggregate 3137 1 quality test per month during 10 kg (25 lb.) production for A and B above. REMARKS: For Concrete Pipe Both A & B: Product will be certified by producer, only spot checks are done by plant inspector. Make certain the invoice or certification document is signed and the product has the required markings. Maintain Form 2403 or 02415 in project records, showing source of materials and type and quantity used Mn/DOT SD - 15 April 3, 2009 IX. GEOSYNTHETICS, PIPE, TILE, AND PRECAST/PRESTRESSED CONCRETE (Cont'd) Page 40 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Kind of Material Spec. No. Tests by Producers Form No. Tests by Mn/DOT (Plant) Sample Size 4. Precast/Prestressed Concrete Structures A. Reinforced Precast Box 3238 1 Air test per day (1st load), 2 Culvert cylinders per pour for positive slump concrete (1 for handling, 1 for shipping). 1 "companion" cylinder per month per plant during _ production, or cylinder testing machine, whichever is greater. Call Precast Inspection Engineer at 651- 366 -5540 for additional information. Fine Aggregate 3126 1 quality test per month during 10 kg (25 lb.) production. Coarse Aggregate 3137 1 quality test per month during 10 kg (25 lb.) production. REMARKS (Field): Precast /prestressed Concrete Structure (beams, posts, etc.) will be inspected and stamped at plant. Field personnel are responsible for checking for plant inspector's stamp, for shipping /handling damage or defects, and dimensions. An inspection report will be completed by plant personnel and sent to the field personnel. B. Precast/Prestressed 2405 1 air test per day (1st load), 2 Concrete Structure (beams, cylinders per pour for positive posts, etc.). slump concrete (1 for handling, 1 for shipping). 1 "companion" cylinder per month per plant during production., or cylinder testing machine, whichever is greater. Call Precast Inspection Engineer at 651 -366 -5540 for additional information. Fine Aggregate 3126 Gradation: i per 150 m (200 1 gradation and i quality test 10 kg (25 lb.) Cu. yd.) or fraction thereof. 1 per month during production per day of production or 3 per from a split sample. Include week, whichever is less. producer's gradation results on sample card. Coarse Aggregate 3137 Gradation: 1 per 75 m (100 Cu I gradation and 1 quality test 10 kg (25 lb.) yd) or fraction thereof. 1 per per month during production day of production or 3 per from a split sample. Include week, whichever is less. producer's gradation results on sample card. REMARKS (Field): Precast/prestressed Concrete Structure (beams, posts, etc.) will be inspected and stamped at plant. Field personnel are responsible for checking for plant inspector's stamp, for shipping /handling damage or defects, and dimensions. An inspection report will be completed by plant personnel and sent to the field personnel. Mn/DOT SD -15 April 3, 2009 IX. GEOSYNTHETICS, PIPE, TILE, AND PRECASUPRESTRESSED CONCRETE (Cont'd) Page 41 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Kind of Material Spec. No. Minimum Required Form No. Minimum Required Sample Size Acceptance Testing Sampling Rate for (Field Testing Rate) Laboratory Testing 5. Manholes and Catch 2506 Field Inspection: Check for 02415 or Basins (Construction) 3622 damage and defects. Check 2403 dimensions as required. Check for Producer's "Certified" stamp and signature on the certification document. L - - - - -- --------------------- -------- --- ----- -------- - - - - -- -- -- --- - - ---- ---------- -- ----- ---- ----- - - - --- --- --- - - - - -- ------------------------- REMARKS: Product will be certified by producer or inspected, tested and stamped at source. Only spot checks are done by plant inspector. Make certain the invoice or certification document is signed and the product has the required markings. Maintain Form 2403 or 02415 in project records, showing source of materials and type and quantity used (bricks, blocks, precast, or combination). 6. Drain Tile (Clay or 3276 Visual Inspection 2 samples of each size from Concrete) each source 7. Thermoplastic (TP) Pipe 3245 Obtain Certificate of 02415 or ABS and PVC compliance. Check for approved 2403 marking printed on pipe. Field Inspect for damage or defects. - - - -- I ---- -- - -- - -- ----------------------------------------------------- --- --------- ---- ------- - - ----- --- ---- - -- - -- - ------- ---- ----- ---- -- -- - - REMARKS: See Spec. 3245 for specific AASHTO or ASTM Pipe types are approved under this specification. If perforated, holes should be 5mm -10 mm (3/16 - 318 inch) diameter, two rows for 4 ", and four rows for 6" diameter; approximately 75 mm (3 inches) on center. 8. Corrugated Polyethylene 3278 Check for markings ( AASHTO 02415 or No Laboratory tests required Pipe M 252) Certificate of 2403 Compliance. Field Inspect for damage or defects. 9. Sewer Joint Sealing 3724 One per shipment 0.5 liter (I pt.) Compound 10. Preformed Plastic Sealer 3726 One from each source 0.3 in (1 ft) for Pipe Type b 11. Bituminous Mastic Joint 3728 Visual Inspection Sample, if questionable Sealer for Pipe Mn/DOT SD -15 April 3, 2009 1 0 a , I IX. GEOSYNTHETICS, PIPE, TILE, AND PRECASUPRESTRESSED CONCRETE (Cont'd) Page 42 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Kind of Material Spec. No. Minimum Required Form Minimum Required Sample Size Acceptance Testing No. Sampling Rate for (Field Testing Rate) Laboratory Testing 12. Geotextile Fabric and 3733 and Inspect for damage and (a) 1 per 15,000 in (50,000 LF) (a) 3m (10 Lin. Ft.) Geogrid Reinforcement Special uniformity of texture. Rolls of or fraction thereof for pipe wrap Provisions both geotextile and geotextile or trench lining for Permeable (b) 3m (4 sq. yd.)* wrapped PE Tubing must be base designs. wrapped in UV protective (b) i per 8000 M2(10,000 sq. (c) 3m (10 Lin. Ft.) ** plastic. (Usually Black). yd.) or fraction thereof of each Obtain Certificate of type fabric or geogrid for all Compliance (see Note 1). other uses. (see Note 2). (c) Sewn seam, if required, 1 per project minimum, additional as - appropriate. - ------------ --- --- --- --- -- - -- -- --------------- - - - -- Note 1: Certificate of Compliance shall state material identification (e.g. Propex 2002, Miragrid 8XT), and minimum average roll values (MARV) for all specified geotextile properties. MARV values must meet the Specification 3733 Types I through VI requirements for the specific application. Submit copy of Certificate with material samples sent to the Materials Laboratory. Note 2: Submit additional sample(s), if the manufacturer or model of geotextile or geogrid used changes during construction. REMARKS: Sampling shall be by random selection and no more than one sample shall be taken from an individual roll. For type VI applications (including geogrids), submit pages of Special Provisions that list required material properties. (Type VI requirements are job specific.) For Modular Block Walls or Reinforced Soil Slopes, submit page(s) of shop drawings that reference geogrid /geotextile to be used (product name) and/or required properties. Contact Randy Tilseth, Geotechnical Section, 651- 366 -5451 for large quantity sampling rates (greater than 40,000 sq. yd. of material on project), small quantity testing, and questions. * Do not sample first full turn of rolled product. ** Seam sample to include approximately 0.6 m (2 ft.) of geosynthetic material on each side of seam (in direction perpendicular to seam). 13. Silt Fence 3886 Visual inspection For amounts 300 m (1000 ft) or 3 m (9 ft) Check Product Label greater. - ----------- -------------------- REMARKS: Samples sent 21 days prior to use. Check Approved Products List of accepted geotextiles 14. EPS Geofoam Special Visual Inspection 02415 or Provisions Check for yellow aged material, 2403 uniformity and dimensions. Weigh Fxl'xF cut coupon to verify density every 200 m (250 yd 3) 15. Corrugated Polyethylene 3247 Pipe REMARKS: For projects awarded after January 1, 2009 the following requirement for Mn/DOT Specification 3247, "Corrugated Polyethylene Pipe" shall be in effect. Corrugated Polyethylene Pipe (HDPE) manufacturing facilities will be required to be reviewed and in compliance with AASHTO's National Transportation Product Evaluation Program (NTPEP) for producers of HDPE thermoplastic pipe. To determine if a pipe manufacturing plant is qualified as a suppler to Mn/DOT, click on the following link. h":Hh"Niv.amrl. net /r)ortaUdesktopdefault.aspx ?tabindex =2 &tabid =271 If the audit has been completed this plant has met Mn/DOT requirements. When clicking on the details link under the Manufacturer Production for each location, the blue X's denote that particular size and type of pipe is manufactured at that location. The Certificate of Compliance shall be in accordance with Mn/DOT Specification 1603 and include the facility used for manufacturing the HDPE Corrugated Polyethylene Pipe supplied to the project. Mn/DOT SD -15 April 3, 2004 X. BRICK, STONE, AND MASONRY UNITS Page 43 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Form Minimum Required Kind of Material Spec. No. Acceptance Testing NO ' Sampling Rate for Sample Size (Field Testing Rate) Laboratory Testing 1. Brick A. Sewer (clay) and Building 3612 to Visual Inspection One sample per 50,000 brick or 6 whole bricks 3615 fraction thereof B. Sewer (Concrete)* 3616 Visual Inspection One sample per shipment. 6 whole bricks * Air entrainment required. Obtain air content statement from supplier. 2. Concrete Masonry Units A. For Sewer Construction 3621 Visual Inspection One sample per shipment 6 whole units Air entrainment required. Obtain air content statement from supplier. B. For Modular Block Special Visual Inspection One sample per 10,000 units or 5 whole units Retaining Walls Provisions Check for cracks and broken fraction thereof, with a minimum corners of one sample per product (block) type per contract. * 'All lots of block upon delivery shall have Manufacturer or Independent laboratory test results to verify passing both compression and freeze - thaw requirements. * Wall units and cap units are considered separate block types. 3. Reinforced Concrete 3661 Concrete control tests Air Tests 02415 or One cylinder per 100 units, but 150000mm Cribbing Visual Inspection if previously 2403 not less than 5 cylinders for a (6 x 12 in) tested given contract. Other materials Cylinders as required herein. REMARKS: Will be stamped when inspected prior to shipment. 4. Stone for Masonry or 3601 and Visual Inspection Submit Form 02415 or Rip -Rap Special 02415 unless special testing is 2403 Provisions specified REMARKS: Each source shall be approved by Project Engineer or Supervisor for quality, prior to use. For questions on quality, contact District Materials or Geology Unit. Mn/DOT SD -15 April 3, 2009 / t O s &IM6113 �I:11:7�]11 XI. ELECTRICAL AND SIGNAL EQUIPMENT ITEMS Page 44 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Form Minimum Required Kind of Material Spec. No. Acceptance Testing No ' Sampling Rate for Sample Size (Field Testing Rate) Laboratory Testing 1. Lighting Standards 3811 Visual Inspection (Aluminum or Steel) REMARKS: The Fabricator will submit "Certificate of Compliance ", on a per project basis, to the Structural Metals Engineer. 2. Hand Holes (Precast), 2545 02415 or (PVC), and (LLDPE) 2550 2403 2565 REMARKS: Traffic signal and street lighting projects require handholes to be listed on the Mn/DOT Signals Approved Products List (APL). For cast iron frame and cover: see VI1.6, Drainage Castings 3. Foundation 2545 Slump as needed 1 cylinder per 20 m (25 Cu. yd.) 4. Conduit and Fittings A. Metallic 3801 Visual Inspection 02415 or None 3802 2403 REMARKS: Conduit will bear UL labels. Retain Form 02415 or 2403 in Project File B. Non - Metallic (Rigid) and 3803 Visual Inspection 02415 or HDPE) Special 2403 Provisions REMARKS: Conduit will bear UL labels. Retain Form 02415 or 2403 in Project File. For traffic signal and street lighting projects, specific requirements are contained in the Special Provisions for each project. 5a. Anchor bolts (cast in place) See section. VII, 7. 5b. Anchorages (Drilled In) See section VII, 8. 6. Miscellaneous Hardware Visual Inspection Sample critical items only. One of each item per shipment. (Critical Items are load bearing, structurally necessary items.) REMARKS: Will carry "Inspected tag if sampled and tested prior to shipment. No sample necessary if "Inspected ". Do not use if not tested. Field sample at sampling rate for laboratory testing. For traffic signal and street light lighting projects, 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. Mn/DOT SD -15 April 3, 2009 XI. ELECTRICAL AND SIGNAL EQUIPMENT ITEMS (Cont'd) Page 45 Please contact the Mn/DOT District Independent Assurance Inspector when project starts to provide servicing of your project. Minimum Required Minimum Required Kind of Material Spec. No. Acceptance Testing Form No. Sampling Rate for Sample Size (Field Testing Rate) Laboratory Testing 7. Cable and Conductors A. Power Conductors 3815.2131 Visual Inspection 02415 or None Loop Detector Conductors 3815.2132(a) 2403 (No Tubing) REMARKS: Make certain the conductors are the type specified. Submit Field Inspection report showing type and quantities used. Shall bear UL label and type where applicable. B. Electrical Cables and 3815.2132(b) Visual Inspection 02415 or 1 sample per size per lot 1.5m (5 ft) Single Conductors with Jacket 3815.2133 2403 3815.2135 3815.2C1 3815.2C3 3815.2C4 3815.2C5 3815.2C6 3815.2C7 3815.2C8 3815.2C14 Special Provisions REMARKS: Usually inspected at the distributor. Documentation showing project number, reel number(s), & Mn/DOT test number(s) will be included with each project shipment. If such documentation is not received from Contractor, submit sample for testing along with material certification from manufacturer. Pre- inspected materials will not be tagged; an inspection report will be sent by the 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 with questions. For traffic signal and street lighting projects, the Special Provisions for each project contain electrical cable and conductor specifications. C. Fiber Optic Cables 3815.2C13 Visual Inspection 02415 or 1 sample per size per lot 1.5m (5 ft) 2403 8. Ground Rods 2545 Visual Inspection 02415 or None. 2565 2403 REMARKS: Retain Form 02415 or 2403 in project file. 9. Luminaires and Lamps 2545 02415 or 2403 REMARKS: Traffic signal and street lighting projects require luminaries and lamps to be listed on the Mn/DOT Lighting Approved Products List (APL). The conductors shall bear UL label and type, where applicable. 10. Electrical Systems Electrical Systems are to be reported as a "System" using the LIGHTING, SIGNAL AND TRAFFIC RECORDER INSPECTION REPORT. To be certified by the Project Engineer 11. Traffic Signal Systems Traffic Signal Systems are to be reported as a "System" using the LIGHTING, SIGNAL AND TRAFFIC RECORDER INSPECTION REPORT. To be certified by the Project Engineer Minnesota Pollution Notice of Termination/ Control Agency 520 Lafayette Road North Permit Modification Form St. Paul, MN 55155 -4194 NPDES Construction Stormwater Permit Program Transfer or terminate your National Pollutant Discharge Elimination System (NPDES) Construction Stormwater Permit. Allowable changes are permit termination and permit transfer for all or a portion of the site. This form replaces the Notice of Termination (NOT), Permit Transfer, Permit Modification, and Subdivision Registration forms used under the former permit. Form will be invalid and returned to sender unless the checkbox associated with the applicable actions is checked and the corresponding signature is provided in section A -1, A -2, A -3, and or A-4. Please submit to: Construction Stormwater Permit Program Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155 -4194 Existing Permit Identification (Instructions can be found at: http: / /www.pca. state. mn. us /publications /wq- strm2- 60i.pdf or by clicking on the letter that will link to the instructions specific to that line.) a. Current permit ID: C000 _ _ _ _ _ or SUB00 _ _ _ _ _ b. Project name: Project location: Briefly describe where the construction activity occurs (for example: intersection of 45th St. and Irving Ave.). include address if available. Select Option 1, 2, or 3 1. Notice of Termination (NOT) for entire site by existing owner Select this option when a project has achieved final stabilization with existing owner / contractor and no part of the site is being transferred to a new owner and all construction activity is complete. c. ❑ Notice of Termination for entire existing permitted site or a subdivided site. (Current owner and contractor must sign under the "Current' Owner and "Current' Contractor sections respectively). Check above box and sign section A -1 and A -2 on page 2. 2. Transfer of entire site to new owner or contractor (Transfer /Modification) Select this option if the entire site (represented by the ID above) has either a new owner and /or new general contractor. Check all the boxes below that apply. d. ❑ New Owner for entire existing permitted site. f. ❑ Current Owner for entire existing permitted site. e. ❑ New Contractor for entire existing permitted site. g. ❑ Current Contractor for entire existing permitted site. Check above box(es) and sign section A -3 and A-4 page 3 and or check above box(es) and sign section A -1 and A -2 page 2 Both "Current' and "New" Parties must sign this form (preferred), however, separate forms are acceptable. 3. Transfer of a portion of a site to a new owner or contractor (Subdivision) Select this option if a portion of a site (permitted under the ID above) has either a new owner and /or new general contractor. Check the boxes below that apply. Describe the portion of the site being transferred: Lot Project location /address: City, State, and Zip: M Example: SW quadrant of 45th Street and Irving Avenue or Lots 1 -17 of block 20. Include list of addresses if available or include a map d. ❑ New Owner for portion of existing site. f. ❑ Current Owner of the portion to be transferred. e. ❑ New Contractor for portion of existing site. g. ❑ Current Contractor of the portion to be transferred. Check above box(es) and sign section A -3 and A-4 page 3 and or check above box(es) and sign section A -1 and A -2 page 2 Both "Current' and "New" Parties must sign this form (preferred), however, separate forms are acceptable. www.pca.state.mn.us 651 - 296 -6300 800 - 657 -3864 TTY 651 - 282 -5332 or 800 -657 -3864 • Available in alternative formats wq- strm2 -60 • 11113108 Page 1 of 3 Current Owner Authorized Signature (A -1) Business /Firm name: Last name: First name: Title: E -mail address: Telephone: �Z Mailin address: City: State: Zip code: Alternate contact: Last name: First name: Title: E -mail address: Ext. Telephone: ( ) Ext. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage this system, or the persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I also certify under penalty of law that I have read, understood, and accepted all terms and conditions of the National Pollutant Discharge Elimination System (NPDES) /State Disposal System (SDS) General Stormwater Permit Construction Activity (MN R100001) that authorizes stormwater discharges associated with the construction site identified on this form. Authorized signature: Date: This Application must be signed by: Corporation: a principal executive officer of at least the level of vice - president or the duly authorized representative or agent of the executive officer if the representative or agent is responsible for the overall operation of the facility that is the subject of the permit application. Partnership or Sole Proprietorship: a general partner or the proprietor. Municipality, State, Federal or Other Public Agency. principal executive officer or ranking elected official. Current Contractor Authorized Signature (A -2) Business /Firm name: Last name: First name: Title: E -mail address: Telephone: Mailin address: City: State: Zip code: Alternate contact: Last name: First name: Title: E -mail address: Telephone: Ext. Ext. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage this system, or the persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I also certify under penalty of law that I have read, understood, and accepted all terms and conditions of the National Pollutant Discharge Elimination System (NPDES) /State Disposal System (SDS) General Stormwater Permit Construction Activity (MN R100001) that authorizes stormwater discharges associated with the construction site identified on this form. Authorized signature: Date: This Application must be signed by: Corporation: a principal executive officer of at least the level of vice - president or the duly authorized representative or agent of the executive officer if the representative or agent is responsible for the overall operation of the facility that is the subject of the permit application. Partnership or Sole Proprietorship: a general partner or the proprietor. Municipality, State, Federal or Other Public Agency: principal executive officer or ranking elected official. www.pca.state.mn.us - 651 -296 -6300 800 - 657 -3864 TTY 651 - 282 -5332 or 800 - 657 -3864 • Available in alternative formats wq- strm2 -60 - 11113108 Page 2 of 3 "New" Owner Authorized Signature (A -3) Business /Firm name: Last name: E -mail address: Mailin address: City: Alternate contact: Last name: E -mail address: First name: State: First name: Title: Telephone: Zip code: Ext. Title: Telephone: ( } Ext. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage this system, or the persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I also certify under penalty of law that I have read, understood, and accepted all terms and conditions of the National Pollutant Discharge Elimination System (NPDES) /State Disposal System (SDS) General Stormwater Permit Construction Activity (MN R100001) that authorizes stormwater discharges associated with the construction site identified on this form. Authorized signature: Date: This Application must be signed by: Corporation: a principal executive officer of at least the level of vice - president or the duly authorized representative or agent of the executive officer if the representative or agent is responsible for the overall operation of the facility that is the subject of the permit application. Partnership or Sole Proprietorship: a general partner or the proprietor. Municipality, State, Federal or Other Public Agency. principal executive officer or ranking elected official. "New" Contractor Authorized Signature (A -4) Business /Firm name: Last name: E -mail address: Mailin address: City: Alternate contact: Last name: E -mail address: First name: 1104 Telephone: ( Zip code: Title: Telephone: Ext. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage this system, or the persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I also certify under penalty of law that I have read, understood, and accepted all terms and conditions of the National Pollutant Discharge Elimination System (NPDES) /State Disposal System (SDS) General Stormwater Permit Construction Activity (MN R100001) that authorizes stormwater discharges associated with the construction site identified on this form. Authorized signature: Date: This Application must be signed by: Corporation: a principal executive officer of at least the level of vice - president or the duly authorized representative or agent of the executive officer if the representative or agent is responsible for the overall operation of the facility that is the subject of the permit application. Partnership or Sole Proprietorship: a general partner or the proprietor. Municipality, State, Federal or Other Public Agency: principal executive officer or ranking elected official. If you have questions about the administrative details of the permit process go to: http: / /www.pca.state.mn.us /publications /wq- strm2-60i.pdf or call the Minnesota Pollution Control Agency at 651 - 296 -6300 or 800 - 657 -3864 and ask for "Construction Stormwater." if you have technical questions, ask for the " Stormwater Policy and Technical Assistance Unit." State: First name: Ext. www.pca.state.mn.us 651 - 296 -6300 - 800 - 657 -3864 - TTY 651 - 282 -5332 or 800 - 657 -3864 • Available in alternative formats wq- strm2 -60 • 11113108 Page 3 of 3 This Page Left Blank Intentionally DBE NOTICE TO CONTRACTORS.DOC NOTICE: Mn /DOT's 2009 Overall Goal for Disadvantaged Business Enterprise (DBE) Participation on Federally Funded Projects is 15.3 %. Currently, Mn/DOT is undertaking a major transformation and strengthening of its Civil Rights programs. A collaborative DBE and Workforce Development workgroup of internal and external partners is working to identify areas where Civil Rights programs can be improved. This group will continue to meet as specific program changes are developed and implemented. Many improvements are already occurring, while others may take a little longer. These changes are expected to result in a stronger Civil Rights program that will ensure the demographics of Minnesota are reflected in the contractors and workforce in the transportation industry. Areas that the DBE and Workforce Development Group are working on are: - Economic Stimulus Short-Term Opportunities -DBE Financing -Best Practices Identification and Goal Setting - Trades and DBE Training -Good Faith Criteria Development and Enforcement - Journey Person Tracking System - Construction Industry 101 Training - Just -in -Time, Type and Place Training -On- the -Job Trainee Retention Payment Plan -DBE Info /GFE Due at Time of Bid Opening -DBE and OJT Education, Communication, & Transparency -DBE Diversification, Increase Numbers, and Areas of Under /Over- Concentration If you would like additional information about the DBE and Workforce Development Group, contact Hope Jensen at 651 -366 -3043. Mn/DOT will expect Contractors to be aggressive in their good faith efforts to meet or exceed individual project DBE and OJT goals. Contractors should: • Pay close attention to project goal(s). Goals are set based on the type of work involved, location of the project and the availability of ready, willing and capable certified DBEs. • Develop a plan for maximum utilization of DBE subcontractors on each project. Go to http://www.dot.state.mn.us/civiIrights/ucpdirectoa.htmI for the DBE Directory For ways to improve your good faith efforts — see Good Faith Efforts at: http: / /www. dot. state. mn. us /civilrights /documents /GoodFaithEfforts doc . • Focus on early communication with DBEs about subcontracting opportunities — well before bid opening. This should coincide with your communication efforts with all of your regular subcontractors. • Look to non -DBE subcontractors to contribute to meeting the project DBE goal, by subcontracting a portion of their contract. • Look for opportunities to mentor a DBE either long -term or on a specific project. (Contact Mike Plumley at 651- 366 -3076 for further information.) • Continue regular communication with DBEs on pre - construction meetings, project scheduling and coordination, etc. • Abide by Minnesota's prompt payment law. See http: / /www. dot. state. mn. us /stateaid/ElectronicProposals /not : bid.pdf regarding prompt payment. • Remember that the full project DBE goal applies to all project addendum and change orders. • Be proactive in dealing with any issues that come up by working closely with the DBE specialist assigned to the project. Go to http: / /www.dot.state.mn.us /civilrights /dbecontactus.html for DBE specialists • Have an OJT plan for each project that includes: • The trades in which you will employ trainees • The total trainee hours you anticipate for the project • Approximate start dates for each trainee • Who will supervise the trainees • Where you plan to recruit trainees from • Complete all DBE and OJT forms and paperwork required by the Office of Civil Rights. Go to http: / /www.dot.state.i /civilrights /foims.html for all DBE Forms and http: / /www. dot. state. mn. us /civilrights /oitprogram.html for all OJT Forms Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 2/2006 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIAL PROVISIONS POLICY STATEMENT It is the policy of the Minnesota Department of Transportation (Mn/DOT) that DBEs, as defined in 49 C.F.R. Part 26, and other small businesses shall have the maximum feasible opportunity to participate in contracts financed in whole or in part with public funds. Consistent with this policy, Mn/DOT will not allow any person or business to be excluded from participation in, denied the benefits of, or otherwise be discriminated against in connection with the award and performance of any U.S. Department of Transportation (DOT)- assisted contract because of sex, race, religion, or national origin. The Minnesota Department of Transportation (Mn/DOT) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the DOT, 49 C.F.R. Part 26. Mn/DOT has received federal financial assistance from DOT, and as a condition of receiving this assistance, has signed an assurance that it will comply with 49 C.F.R. Part 26. The DBE requirements of 49 C.F.R. Part 26 apply to this contract. In this regard, the contractor will take all necessary and reasonable steps in accordance with 49 C.F.R. Part 26 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform this contract. CONTRACT ASSURANCE The contractor, sub - recipient 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 C.F.R. 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 Mn/DOT deems appropriate. CONTENTS Policy Statement ........ ............................... l Contract Assurance .... ............................... l Submittal of Documentation .....................2 Prompt Payment ......... ............................... 9 DBE Replacement ...... ............................... 9 Award of Contract ....... .............................10 Failure to Submit Documentation .............3 DBE Goal Information ..............................3 Evaluation of Good Faith Efforts ..............3 Administrative Reconsideration ................5 Counting DBE Participation .....................6 Commercially Useful Function .................7 Failure to Fulfill DBE Commitment ......... 9 ExhibitA ..................... .............................11 Trucking Guidelines .... .............................13 Certificate of Good Faith Efforts ..............16 Bidders List ................. .............................17 Contractor Payment ..... .............................18 Good Faith Efforts Affidavit ....................19 On- the -Job Training Acknowledgement.. 20 DBE Page I Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 2/2006 SUBMITTAL OF DOCUMENTATION For all contracts where goals are set, regardless of contract size, the contractor will be required to: (a) propose the participation of specific DBEs to meet the goal; or (b) demonstrate good faith efforts to meet the goal; and (c) acknowledge and accept the requirement for On -the -Job Training (OJT). A contractor must provide justification if it rejects bids, quotes, or proposals from properly certified, qualified DBE firms. In order to fulfill a DBE goal, the firms utilized as DBE subcontractors must be certified as DBEs by Mn/DOT's Office of Civil Rights prior to the bid letting. The Minnesota Unified Certification Program's (Mn/UCP) Disadvantaged Business Enterprise (DBE) directory, which is found on Mn/DOT's OCR website, includes the names and addresses of all firms that are certified to perform the type of work the contractor is proposing to subcontract. The Apparent low bidder must submit the following documents to the Good Faith Efforts Review Committee, in Mn/DOT's Office of Civil Rights. 1. Certificate of Good Faith Efforts - attached herein as page 16 2. Bidders List - attached herein as page 17 3. Contractor Payment Form— attached herein as page 18 4. Exhibit A Forms — attached herein as page 11 5. Supporting Documentation to Verify Good Faith Efforts 6. Good Faith Efforts Affidavit - attached herein as page 19 7. OJT Acknowledgement Form - attached herein as page 20 The Apparent low bidder must submit information on the attached Certificate of Good Faith Efforts listing all of the DBE and non -DBE firms (including subcontractors, service providers and suppliers) from whom it solicited quotes to provide work and/or supplies for the project. The Apparent low bidder must also submit a completed Bidders List, which must include information on: (1) all DBE and non -DBE firms that submitted a bid/quote for the project; and (2) the proposed firms to be used on the project as subcontractors, service providers and suppliers. The Apparent low bidder must submit a completed Bidders List form even if the company's list of proposed subcontractors, service providers and suppliers and supporting documentation (Exhibit A forms) includes enough participation to meet the contract - specific goal. Additionally, a completed Good Faith Efforts Affidavit must be submitted regardless of whether or not the Apparent low bidder has indicated on its list of proposed subcontractors, service providers and suppliers sufficient participation to meet the contract - specific goal. The Apparent low bidder must submit completed Exhibit A forms for each DBE firm it proposes to utilize on the project, along with copies of the signed agreements and/or affidavits and/or letters of intent committing themselves to the use of the proposed DBE firms for at least the percentage submitted on the Exhibit A forms. See page 10 of the DBE Special Provisions herein for additional information on completing the Exhibit A form. The Apparent low bidder must also complete and submit the OJT Acknowledgement form, and provide additional information, which supports its good faith efforts such as those typical Good Faith Efforts listed on pages (3 -5) of these DBE Special Provisions as well as summaries of the DBE Page 2 Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 2/2006 bidder's discussions and/or solicitation efforts of DBE firms (along with the firm names, addresses and contact persons). This information can include but is not limited to copies of solicitation letters and/or faxes to DBE firms. FAILURE TO SUBMIT DOCUMENTATION Failure of the apparent low bidder to submit the Certificate of Good Faith Efforts, the Bidders List, Exhibit A forms, Affidavit of Good Faith Efforts and supporting documentation within three (3) working days from the time of notification by Mn/DOT's Office of Construction and Innovative Contracting may result in the rejection of the bid and forfeiture of their proposal guaranty. DBE CONTRACTUAL GOAL The DBE goal on this contract is percent. The goal may be attained by means of. 1. A subcontract agreement or affidavit with a MrvUCP- certified DBE; 2. An equipment lease agreement with a Mn/UCP- certified DBE; 3. A joint venture with a Mn/UCP- certified DBE. This joint venture must be approved by the Mn/DOT Office of Civil Rights prior to bid opening; 4. A purchase agreement with a Mn/DOT certified DBE supplier (sixty percent of the supplier's contracted amount will be credited toward the DBE goal); or 5. Other services pre - approved by the Mn/DOT Office of Civil Rights. The bidder shall make every reasonable effort to subcontract work to DBEs through good faith negotiations and/or solicitations in advance of the date specified for the opening of bids. The bidder shall indicate at the time of bid their DBE commitment (which may be different from the goal indicated in this proposal) that they intend to subcontract to DBEs. A bidder who fails to indicate a DBE commitment must fulfill the "total goal" indicated in this proposal EVALUATION OF GOOD FAITH EFFORTS If the apparent low bidder (hereafter ALB) has a DBE commitment that indicates they will accomplish none or only a portion of the Disadvantaged Business Enterprise (DBE) goal, they must demonstrate good faith efforts in attempting to meet that goal. Mn/DOT's Good Faith Efforts Review Committee shall review all "good faith efforts" documents submitted, and any amendments, and make a recommendation to the Director of OCR. If the ALB fails to meet the Good Faith Effort, as noted in this document, the Good Faith Efforts Review Committee will recommend to the Director of OCR that the Good Faith Effort be rejected. The Director will make the final decision if the Good Faith Efforts are to be rejected. DBE Page 3 Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 212006 The ALB must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of 49 C.F.R. Part 26 which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation. The DBE Liaison Officer will make the final determination on whether a bidder made sufficient good faith efforts to meet the goal in accordance with the guidelines set forth in 49 C.F.R. §26.53, and Appendix A thereto. Compliance will be determined on a case -by -case basis, based on a review of documentation of the following general types of activities: 1. Soliciting through all reasonable and available means (e.g. attendance at pre- proposal/pre-bid meetings, advertising and for written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The ALB must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The ALB must determine with certainty if the DBEs are interested by taking appropriate steps to follow up on the initial solicitations; 2. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the ALB might otherwise prefer to perform these work items with its own forces; 3. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation; 4. Negotiating in good faith with interested DBEs. The ALB has the responsibility to make a portion of the work available to DBE Subcontractors (including Consultants), Suppliers and Service Providers, and to select those portions of the work or material needs consistent with the available DBE Subcontractors, Service Providers and Suppliers so as to facilitate DBE participation. Evidence of such negotiations include the names, addresses, and telephone numbers of DBEs that were considered; a description of information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work; 5. An ALB using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE Subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for an ALB's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ALB's ability or desire to perform the work of a contract with its own organization does not relieve the ALB of the responsibility to make good faith efforts. The ALB is not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable; 6. Rejecting DBEs as being unqualified must be based on a thorough investigation of their capabilities and sound reasons for rejecting DBEs must be articulated. The DBE's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non -union employee status) are not legitimate causes for rejection or non - solicitation of proposalsibids in the ALB's efforts to meet the project goal; DBE Page 4 Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 1 22006 7. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by Mn/DOT or the ALB; 8. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services; 9. Effectively using the services of available minority /women community organizations; minority /women contractors' groups; local, State and Federal offices of minority /women business assistance; an d other organizations, as allowed on a case -by -case basis, to provide assistance in the recruitment and placement of DBEs; and 10. The performance of other bidders in meeting the contract requirements. For example, when the ALB fails to meet the contract goal, but other bidders meet it, the question may be reasonably raised as to whether, with additional reasonable efforts; the ALB could have met the goal. If the ALB fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, this may be viewed, in conjunction with other factors, as evidence of the ALB having made good faith efforts. The ALB shall submit signed agreement(s) and/or affidavit(s) committing themselves to the use of Disadvantaged Business Enterprises (DBEs) for at least the percentage submitted with the bid proposal within 3 working days from the time they are notified, by the Office of Construction and Innovative Contracting that they are the ALB. The ALB shall also submit the OJT Acknowledgement form committing themselves to implementing the OJT Program on this project, as outlined in Section (2041) ON -THE- JOB - TRAINING PROGRAM, of the EEO Special Provisions. All DBE subcontract agreement(s) including Purchase Orders/Purchase Agreements or affidavit(s) must be accompanied by a completed Description of Work form, which is identified as "Exhibit A," a copy of which is attached hereto. This information is to be submitted to the Mn/DOT Office of Civil Rights within the allowed three (3) working days from the ALB's receipt of the letter notifying the company that they are the ALB, with the DBE subcontract agreement(s) and/or affidavit(s). Failure to submit a completed Exhibit A . form with each DBE signed apeement(s) and/or affidavit(s) within the 3 -day working day period or any allowed extension will result in the rejection of the bid and the forfeiture of the proposal guaranty If the Director of Mn/DOT's Office of Civil Rights determines that adequate good faith efforts have not been demonstrated, the ALB will be notified in writing of the decision and advised of their right to request administrative reconsideration. The rejected bidder will not be approved as a subcontractor or material supplier with the bidder who is ultimately awarded the contract. ADMINISTRATIVE RECONSIDERATION Within five days of being informed by Mn/DOT that it is not responsive because it has not documented good faith efforts, an ALB may request administrative reconsideration. The bidder should make this request in writing to the reconsideration official, Lisa Freese, Deputy Commissioner, or designee, at the following address: 395 John Ireland Blvd. St. Paul, Minnesota 55155; Email Address: lisa.freese @dot.state.mn.us, Phone: (651) 366 -4807. The reconsideration official will not have played any role in the original determination that the ALB did not make good faith efforts. DBE Page 5 Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 2/2006 Mn/DOT will provide the ALB with a written decision on reconsideration, explaining the basis for the determination. The ALB will have the opportunity to: 1. Provide written documentation or argument on record concerning the issue of whether the ALB met the goal or made adequate good faith efforts to do so; and 2. Meet in person with Mn/DOT or its reconsideration official to discuss the issue of whether the ALB met the goal or made adequate good faith efforts to do so. In accordance with 49 C.F.R. §26.53, the result of the Mn/DOT's reconsideration process is not subject to administrative appeal to the U.S. Department of Transportation. COUNTING DBE PARTICIPATION In accordance with 49 C.F.R. §26.55, Mn/DOT will utilize the following guidelines in determining the percentage of DBE participation that will be counted toward the overall DBE goal: 1. When a DBE participates in the Contract, the value of the work actually performed will be counted; 2. If a firm is not currently certified as a DBE in accordance with the standards of subpart D of the regulations (49 C.F.R. §26.55(f)) at the time of the due date for Bids or offers of the contract, the firm's participation toward any DBE goals will not be counted, except as provided for in 49 C.F.R. §26.87(i); 3. The dollar value of the work performed under a contract with a firm after it has ceased to be certified will not be counted toward the overall goal; 4. The participation of a DBE Subcontractor toward the Contractor's DBE achievements or the overall goal will not be counted until the amount being counted toward the goal has been paid to the DBE; A. The entire amount of the portion of a construction contract (or other contract not covered by paragraph 49 C.F.R. §26.55 that is performed by the DBE's own forces). Include the cost of supplies and materials obtained by the DBE for the work of the Contract, including supplies purchased or equipment leased by the DBE (except supplies, and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate); B. The entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT - assisted contract, count toward DBE goals, provided that the Mn/DOT determines the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services; C. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontract work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm will not count toward DBE goals; D. When a DBE performs as a participant in a joint venture, Mn/DOT will count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces toward DBE goals; and DBE Page 6 Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 2/2006 5. Mn/DOT will count expenditures of a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. COMMERCIALLY USEFUL FUNCTION 1. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the materials, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, Mn/DOT will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Contract is commensurate with the work it is actually performing and DBE credit claimed for its performance of the work, and other relevant factors; 2. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an. extra participant, similar transactions must be examined, particularly those in which DBEs do not participate; 3. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, Mn/DOT will presume that it is not performing a commercially useful function; 4. When a DBE is presumed not to be performing a commercially useful function as provided in this program, the DBE may present evidence to rebut this presumption. It may be determined that the finn is performing a commercially useful function given the type of work involved and normal industry practices; 5. Mn/DOT's decisions on matters of whether a DBE performs a commercially useful functions are subject to review by the concerned operating administration, but is not subject to an administrative appeal to US DOT; and 6. Mn/DOT will use the following factors in determining whether a DBE trucking company is performing a commercially useful function: a. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there can not be a contrived arrangement for the purpose of the meeting DBE goals; b. The DBE must itself own and operate at least one fully licensed, insured, and operational truck, which must be used on the project at all times; c. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures and operates using drivers it employs; d. The DBE may lease trucks from another DBE firm, including an owner - operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; DBE Page 7 Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 2/2006 e. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement, provided the DBE utilizes at all times during the contract at least one company -owned fully operational unit with an employee driver. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE; and f. For purposes of this section, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for the use of the leased truck. Leased trucks must display the name and identification number of the DBE. 7. Mn/DOT will count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: a. Mn/DOT will count 100% of the cost of the materials or supplies toward DBE goals if the materials or supplies are obtained from a DBE manufacturer. For purposes of this paragraph, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described in the specifications. b. Mn/DOT will count 60% of the cost of the materials or supplies toward DBE goals if the materials or supplies are purchased from a DBE regular dealer. For purposes of this section, a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold to or leased to the public in the usual course of business; and c. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question; d. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business as provided in 49 C.F.R. §26.55(e)(2)(ii) if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long -term lease and not on an ad hoc or contract - by- contract basis; e. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of 49 C.F.R. §26.55(e)(2); and f. Mn/DOT does not allow drop shipments. Materials and supplies obtained from a DBE regular dealer that are drop- shipped to a project site will not be counted toward DBE goals. 8. With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, Mn/DOT will count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, DBE Page 8 Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 212006 provided that Mn/DOT has determined the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services rendered, and that the DBE has been certified by the Mn/UCP as a broker for such services. However, Mn/DOT will not count any portion of the cost of the materials and supplies themselves toward DBE goals. FAILURE TO FULFILL DBE COMMITMENT Where it appears that the prime contractor is failing to fulfill the Disadvantaged Business Enterprise subcontracting commitments made, sanctions for noncompliance may be invoked which include, but are not limited to, Mn/DOT withholding progress payments and deducting from the contract proceeds as liquidated damages and not as a penalty, a sum equal to the portion of the DBE commitment not fulfilled. Where the contractor fails to fulfill the full amount of contracts executed with DBE firms, as required by this contract through no fault of the DBE firms, Mn/DOT will deduct from the contract proceeds, as liquidated damages and not as a penalty, a sum equal to the portion of the DBE goal which has not been met. However, if Mn/DOT reduces the quantity of work subcontracted to the DBE, this provision does not apply. The provisions of Mn/DOT 1302 are modified to the extent that any bidder failing to perform any or all of the responsibilities contained herein may constitute grounds for the Commissioner of Transportation to declare the bidder (non- responsive) with respect to future contracts. PROMPT PAYMENT The prime contractor agrees to pay each subcontractor under this prime contract within ten days of the prime contractor's receipt of payment from the state for undisputed services provided by the subcontractor. The prime contractor must 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 prime contractor agrees further to return retainage payments to each subcontractor within ten days after the subcontractor's work is satisfactorily completed. This clause applies to both DBE and non -DBE subcontractors. Any contractor making payments to subcontractors must complete and submit the attached Contractor Payment form. DBE REPLACEMENT The contractor shall make good faith efforts, to the satisfaction of the Mn/DOT Office of Civil Rights, to replace Disadvantaged Business Enterprise subcontractors who are unable to perform successfully with another Disadvantaged Business Enterprise, as applicable. Mn/DOT's Office of Civil Rights shall approve all substitutions of subcontractors during the contract performance in order to ensure the substitute firms are eligible DBEs. Once a contractor submits an affidavit, subcontract or other signed agreements, and an Exhibit "A" (which shall include the DBE business's name and contract amount, and the type of work), the DBE business cannot be substituted by another DBE business for any reason until the following occurs: DBE Page 9 Minnesota Department of Transportation DBE Special Provisions Office of Civil Rights 2/2006 1. Mn/DOT s Office of Civil Rights receives a letter requesting approval of the substitution, including the reasons for the substitution; and, 2. Mn/DOT's Office of Civil Rights approves the substitution. Mn/DOT staff will use all available means to assist the contractor, when requested, in replacing DBEs. This assistance may include but is not limited to: 1. Providing the contractor with information regarding the availability of other DBEs. 2. Providing the contractor with assistance in locating available DBEs. AWARD OF CONTRACT If all other contract requirements are met as to the awarding of the contract, the contract will be awarded to the lowest responsive bidder who submits all good faith efforts documentation and either meets the DBE goal or demonstrates Good Faith Efforts, as defined above. The apparent successful bidder shall be notified by Mn/DOT Office of Construction and Innovative Contracting that it is the Apparent Low Bidder (ALB) on the project. The ALB shall submit signed agreement(s) and/or affidavit(s) committing themselves to the use of Disadvantaged Business Enterprises (DBEs) for at least the percentage submitted with the bid proposal within three (3) working days of notification. The ALB shall also submit the OJT Acknowledgement form committing themselves to implementing the OJT Program on this project, as outlined in Section S- 53 (2041) ON -THE- JOB - TRAINING PROGRAM of the Contract Special Provisions. All DBE subcontract agreement(s) including Purchase Order/Purchase Agreement or affidavit(s) must be accompanied by a completed description of work form which is identified as 'Exhibit A," a copy of which is attached hereto. This information is to be submitted to the Mn/DOT Office of Civil Rights within the allowed three (3) working days from receipt of notification of being the apparent low bidder, with the DBE subcontract agreement(s) and/or affidavit(s). Failure to submit a completed Exhibit A form with each DBE signed agreements) - purchase order and/or aflidavit�s) within the 3 -day working day period or any allowed extension will result in the rejection of the bid and the forfeiture of the proposal guaranty DBE Page 10 Minnesota Department of Transportation Office of Civil Rights "Is t't�4T O 'lb OF DBE Description of Work (Exhibit A) and Field Monitoring Report A contract with the Prime Contractor cannot be awarded unless this form is submitted with a signed subcontract, purchase order or affidavit for every DBE. The DBE subcontractor is to fill out all of the appropriate information and sign this form. PLEASE PRINT CLEARLY OR TYPE. Section (A): (All DBE Subcontractors, including Trucking firms must complete Section.) Letting Date: Prime Contractor: DBE Subcontractor: DBE Principal Name: Phone #: Phone #: Total Subcontract S: DBE Participation Claimed: Percent % Amount S I. 2. 3. Did you bid and sign a subcontract agreement with the above -named prime contractor? _ Are the items, quantities, and prices listed on the subcontract agreement/affidavit correct? List the line items to be performed: 4. Are there any other agreements not addressed in the subcontract? If yes, please explain: 5. If equipment to be used is other than what is listed in your DBE certification file please answer the following: a. Will the renting or leasing include any of the following: (Attach a copy of the lease /rental agreement(s)). Equipment Insurance Operator or Maintenance b. Lessor's name: Amount to be paid: Number of days to be used: 6. Will there by any other firm(s) providing work listed in your (DBE) subcontract? If yes, answer the following: Firm's Name: $ amount of the work: 7. What is the name of the person supervising your work on this project? Is this your employee? 8. How many people will you be employing on this project? Minorities: Females: 9. Total dollar amount of materials to be supplied? 10. Who are you purchasing the materials from? 11. Please submit Purchase Agreement and/or Purchase Order from manufacturer(s) or primary material supplier(s). NOTE: This Exhibit `A' will not be approved without the Purchase Agreement/Purchase Order. 12. Please list all subcontracts that your firm will be performing during the current construction season including non -DBE work: (Attach additional sheet if necessary.) Project Number Prime Contractor Project Location # of Working Days 1. 2. 3. MUST BE COMPLETED BY THE DBE PRINCIPAL State Project Number: Mn/DOT OCR 2/2006 DBE Page 1 I Minnesota Department of Transportation Office of Civil Rights Section (B): TO BE COMPLETED ONLY BY THE DBE TRUCKER 1. The number of hours contracted or quantities to be hauled on this project? 2. How many fully operational units will be used on this Project? (Tractor /trailers: _ 3. How many fully operational units will be yours? (Dump trucks: 4. How many other units will be yours? (Tractors: 5. If ITO's or tntr_kinv mrnnnniee nrP to 1— d — ti„� . A,.r A e _ Dump trucks: , Tractors/trailers: ) Trailers: 1 Name of ITO /Company Dollar Amount of .Contract/Agreement Number of Dump Trucks, Tractors/Trailers (specify) 1. 2. 3. 4. Section (C): (At1 DBE Subcontractors, including Trucking firms, must complete Section C.) I hereby certify that the information presented above is correct. I agree to inform the Office of Civil Rights in writing of any changes within 10 days of the change(s). DBE Company: DBE Principal: Signature Title Date Section (D): TO BE COMPLETED BY Mn/DOT OFFICE OF CIVIL RIGHTS STAFF PERSON Project Number. Mn/DOT OCR Staff Person: Project Engineer. District # Phone No. On -site Phone #: Office Phone #: Section (E): TO BE COMPLETED BY PROJECT ENGINEER WHEN THE DBE'S PORTION OF WORK IS % TO % COMPLETED 1. Does it appear that the DBE firm is performing the work specified in (Exhibit "A ") description of work? Yes No 2. Does it appear that the DBE contractor is managing their portion of the project and using their own company employees? Yes No 3. Does it appear that the DBE contractor is providing the equipment for their items of work or other work specified? Yes No 4. Does it appear that the quality of the DBE contractor's performance, scheduling and project management are meeting industry standards? Yes No 5. Comments: NOTE: If you, as the Project Engineer, have checked "NO" to any of the above questions or have any other comments, it is important that you contact the Mn/DOT Office of Civil Rights Staff Person assigned to this project. Project Engineer: Mn/DOT OCR Date: 2/2006 DBE Page 12 Minnesota Department of Transportation Office of Civil Rights MINNESOTA DEPATRMENT OF TRANSPORTATION DBE TRUCKING GUIDELINES In accordance with 49 C.F.R. Part 26, the Minnesota Department of Transportation (Mn/DOT) will use these guidelines to determine whether a firm is eligible to be counted as a DBE trucking firm, a DBE truck broker, or a regular dealer. It is the responsibility of the prime contractor and the DBE trucking firm (or the DBE truck broker) to ensure the following guidelines are met on all Mn/DOT projects. Mn/DOT must approve the DBE trucking participation prior to the award of contract. A. DBE trucking firms must comply with all Minnesota Trucking Regulations, - Mn/DOT Standard Specifications, and Contract provisions. B. DBE trucking firms must own at least one fully operational truck that is used on a day -to -day basis. For purposes of defining "truck," a single axle dump truck is considered a "truck;" a tandem axle dump truck is considered a "truck;" and, a combination of a tractor and trailer is considered a "truck. A DBE company -owned truck utilizing an employee driver must be used on the project at all times during the contract. C. DBE trucking firms may lease additional trucks, except from (prime) contractors for whom they are doing work to fulfill a DBE goal. However, as noted above, a DBE company -owned truck with an employee driver must be used on the project at all times during the contract. Valid lease agreements must be submitted to Mn/DOT as part of the certification process. A valid lease agreement must include all of the following: 1. Be a minimum 6 months in length; 2. Include an agreement to fixed monthly payment amounts; 3. Designate the DBE as the person controlling the workflow of the equipment; 4. Driver must be on the DBE's payroll; and, 5. The DBE trucking firm must be responsible for fuel, maintenance, insurance, payment of salary, and benefits to the drivers, if applicable. D. The DBE trucking firm must control the management aspects such as scheduling. E. Trucks owned or leased by DBE trucking firms must be placarded with the DBE Trucking firm's Logo. F. The financial risk that is assumed by the DBE trucking firm must be real and substantial. The haul slips must be issued in the name of the DBE trucking firm. All DBE trucking firms must keep full and accurate records, including operating expenses, operating revenue, miles operated, and payroll information as may be required by the Mn/DOT Office of Civil Rights. G. REGULAR DEALER For a DBE trucking firm to be recognized by Mn/DOT as a regular dealer for DBE credit, a firm must be an established regular business that engages, as its principal business, and under DBE Page 13 Minnesota Department of Transportation Office of Civil Rights its own name, in the purchase and sale of the products and goods in its normal course of business. Mn/DOT will evaluate the following criteria to determine whether a DBE trucking firm qualifies as a regular dealer in bulk items such as sand and gravel: 1. Does the firm own or lease the material site? 2. Does the firm arrange for testing and certification of materials? 3. Is the firm solely responsible for securing necessary permits? 4. Is the firm responsible for excavating the material? 5. Is this activity the principal business of the firm? A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business if the person both owns and operates the distribution equipment of the products. Any supplementing of a regular dealer's own distribution equipment shall be by a long -term lease agreement and not on an ad hoc or contract -by- contract basis, and shall meet the requirements B and C of these trucking guidelines. Distribution equipment is defined as including the machinery used to extract, load, and transport the bulk items. The distribution equipment required for the above- referenced bulk items varies from industry to industry. H. COUNTING DBE PARTICIPATION A certified DBE trucking firm will be given DBE participation credit only for the work performed using the firm's own resources, as approved in their certification. When a certified DBE trucking firm performs as a regular dealer of bulk items listed in (G) above, Mn/DOT will count 60% of the cost of the bulk items toward the DBE goal, and 100% of the value of the transportation services toward the DBE goal. If the DBE trucking firm's performance on the contract is limited to transporting the bulk items, Mn/DOT will count only the trucking portion of the contract at 100 %. Mn/DOT does not allow drop shipments to a project site and no DBE credit will be given toward a goal for drop shipments of materials or supplies. I. DBE TRUCK BROKER REQUIREMENTS Certified DBE businesses that own no trucks for use to fulfill . a DBE goal will be counted as trucking brokers, provided that they have been certified by the MnAJCP as trucking brokers. DBE participation credit will be given for the actual amount of the brokerage fee and not for the amount of the subcontract. J. RENTAL EOUIPMENT OPERATORS Certified DBE businesses that own no trucks but own trailers for rent or lease for use to fulfill a DBE goal will be counted as rental equipment operators /firms, provided they have been certified by the Mn/UCP as equipment rental businesses. DBE participation credit will be given for the actual amount of the trailer rental fee and not for the amount of the subcontract. DEE Page 14 Minnesota Department of Transportation Office of Civil Rights K. CERTIFIED TRUCK SCHEDULE All DBE trucking firms must submit a certified truck schedule to Mn/DOT. The truck schedule will list all the trucks owned as defined in B and C above by the DBE trucking firm. Only the trucks listed on the schedule and approved by Mn/DOT may be used to perform work for credit toward DBE goals. The DBE trucking firm will submit a revised schedule within two (2) weeks of a change in certified vehicles. L. MONITORING Annual monitoring is based on the total dollar amount paid to the DBE trucking firm by the prime contractor(s) on all projects for the year in review. M. VIOLATIONS Any certified trucking firm or broker must comply with the above stated guidelines. If any violations occur, Mn/DOT has the right to initiate removal of DBE eligibility proceedings. DBE Page 15 o � H F � W z� o 0 U w A O Q ® H W � U 0 c� �ptltttt� � U �P w CS i-+ C o r �ptltttt� � U �P w CS UO W A 0 x a w U W A d v� _W a 0 H U O U al a w O O I�f H H Ny U N� O H H a O C O E c d 0 Qa p x 0 0 c 0 u A u 06 u c 0 a 0 0 0 d a a d c 0 s Rr z w A y d L d "O L d d �L. a 0 L u w c 0 u .a V1 N en V vi �D (-� 00 01 o va U U Cd E 0 to 0 v cd N ig 11 w 0 m co m P. v 0 H 0 a �+ N r tw m a w m Q CCS r 1� v z H a zH H PLO Z � Ho U W � O z z E" rA W A +� Q � � o N W Q 7r fr t1S y W V 4 � a z c c C4 a Y K a V. v r n . O r r C U � LL a) v w ti o � G cr O C �„ U O U LL "� 'o Ln tC 'b W U O r�i O G' N of a E 0 U CQ y a w 0 0 ° 4- s. o E � Cd �. o U ixt Ao c� U � Q r 2 0 �p►� cry Q. H N W Q 7r fr t1S y W V 4 � a z c c C4 a Y K a V. v r n . 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OD cl A O CS Fed HT O y �+ A O �+ H o i+ � A � O � GL u d u ee � , G ce o ^O C A s., � d � x A 0 z U U '' a a eg a� 0 a U a Qi Q cc v z v •-+ N M N M I 4r O a 0 42 d y ,C v A .n m w V O P H d C) 0 0 N N m w W Q Minnesota Department of Transportation Mn/DOT Form EEO -28 Office of Civil Rights 2/2006 Minnesota Department of Transportation Office of Civil Rights i e / STATE OF MINNESOTA COUNTY OF I, of hereby acknowledge that I am the successful bidder of the State Project. S.P. that has been identified as the apparent The undersigned, having been first duly sworn, says that the information given in the above certificate is true and correct to the best of his or her knowledge and belief. Signed Bidder or authorized representative Subscribed and sworn to before me This day of 1 2003 Notary Public My commission expires , 20 Mn/DOT OCR 2/2006 DBE Page 19 Minnesota Department of Transportation Mn/DOT Form EEO -28 Office of Civil Rights 2/2006 On- the -Job Training Acknowledgment S.P: Apparent Low Bidder: On behalf of the company identified above, I acknowledge that: ❑ does not contain an On- the -Job Training requirement 1 This project (check one) (proceed to 5, below) - ❑ does contain an On -the -Job Training requirement for: hours utilizing at least . Trainees; and (Enter hours listed (Enter No. of Trainees in Proposal) listed in Proposal) 2 If awarded this project, the above -named company is responsible for implementing the OJT program on this project; and 3 The above -named company shall provide an OJT Training Plan to the Project Engineer within ten days after the date of award of this project, or at the Pre - construction meeting, whichever occurs later; and ❑ is a participant in the OJT Pilot Program 4 The above -named (proceed to 5, below) company (check one) ❑ is not 5 _ Signature Title Please submit this form to the Office of Civil Rights Submission of this form is required before contract may be awarded. Office of Civil Rights 395 John Ireland Blvd Mail Stop 170 St. Paul, MN 55155 Phone: (651) 366 -3073 Fax: (651) 366 -3129 Date DBE Page 20 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 3/07 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 (Mn/DOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 5, 6 -7, 8 -13, 14, 15 -16, 21 -22, 23 -34). The Mn/DOT 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, 8 -13, 15 -16). Mn/DOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statute 363.073 and its accompanying rules. Mn/DOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 21 -34 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action ............................................................. ..............................2 Minnesota Affirmative Action Requirements ............................................................... ..............................3 Appropriate Work Place Behavior ................................................................................. ..............................4 Notice to All Prime and Subcontractors: Reporting Requirements ......................... Specific Federal Equal Employment Opportunity Responsibilities .............................. ..............................6 Standard Federal and State Equal Employment Construction Contract Specifications ..............................8 EqualOpportunity Clause ............................................................................................ .............................14 Minority and Women Employment Goals Chart .......................... Sample Summary of Employment Activity, Form EEO- 12 ......................................... .............................17 Sample Monthly Employment Compliance Report, Form EEO- 13 ............................. .............................19 On- The -Job Training Program: Trainee Assignment .................................................. .............................21 Certification of On -the -Job Training Hours: Federal -Aid Projects .............................. .............................22 Required Contract Provisions: Federal -Aid Construction Contracts ........................... .............................23 Required Contract Provisions: Federal -Aid Construction Contracts, Appendix A ...... .............................34 EEO Page 1 EEO Special Provisions Minnesota Department of Transportation Revised 3/07 Office of Civil Rights NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140,23 CFR 230 and Minnesota Statute 363.073) The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 3), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 6 -7), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 8 -13), the "Equal Opportunity Clause" (EEO Page 14) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 23 -34). 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 15 -16. 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 363.073 and Minnesota Rules Part 5000.3520 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a) for Federal or federally assisted projects, and Minnesota Statute 363.073, and Minnesota Rules Part 5000.3540 for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60 -4 for Federal or federally- assisted projects and/or Minnesota Statute 363.073 and Minnesota Rules Part 5000.3520 for state or state - assisted projects. Compliance with the goals will be measured against the total work hours performed. 3. 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, Army Corps of Engineers Centre, 190 E 5th Street, Suite 700, St. Paul, Minnesota 55101 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 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 3/07 MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS It is hereby agreed between the parties to this contract that Minnesota Statute, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statute, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 2. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statute 363.073 and Minnesota Rules, Parts 5000.3400 to 5000.3600. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statute 363.073, subd. 2 -3). Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section 363.073, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota Human Rights Act are consistent with but broader than the Federal requirements as covered in this contract. 4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section 363.073 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. 5. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non - discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E. 5th Street, Suite 700, St. Paul, Minnesota 55101. (651) 296 -5663, TTY 296 -1283, Toll Free 1- 800 -657- 3704. 6. The Contractor shall notify each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section 363.073 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals. EEO Page 3 EEO Special Provisions Minnesota Department of Transportation Revised 3/07 Office of Civil Rights APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportation's (Mn/DOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. Mn/DOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on Mn/DOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Defmitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job - related efforts of supervisor to direct/evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and/or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment.` Prime Contractors who work on Mn/DOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with Mn/DOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently held and debarment from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the Office of Civil Rights at (651) 366 -3073. EEO Page 4 Minnesota Department of Transportation EEO special Provision Office of Civil Rights Revised 3/0 REQUIREMENTS REPORTING In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statute 363.073, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO -13, sample copy at EEO Pages 19 -20.) Prime contractors are also required to complete a Contractor Employment Data Report (Form EEO -12, sample copy at EEO Pages 17 -18) 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 9 -12, 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 to the Project Engineer at the preconstruction conference, and shall supply a copy to the Contract Compliance Specialist (CCS) assigned to the project. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 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 21) and submits it to the 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 22). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of Civil Rights will provide these forms upon request Please call the Office of Civil Rights, (651) 366 -3073. EEO Page 5 EEO Special Provisions Revised 3/07 Minnesota Department of Transportation Office of Civil Rights 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 reenritrnent 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 EEO Page 6 Minnesota Department of Transportation Office of Civil Rights EEO Special Provisions Revised 3/07 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (con't) not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, 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. minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 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. 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 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 10. Records and Reports: a. The contractor shall keep such records as necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractor's who rely in whole or in part on unions as a source of their work force), (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR -1391. If on-the-job training is being required by a "Training Special Provision ", the contractor will be required to furnish Form FHWA 1409. EEO Page 7 EEO Special Provisions Minnesota Department of Transportation Revised 3/07 Office of Civil Rights STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60 -4.3 and Minnesota Statute 363.073) Unless noted, the following apply to both Federal /federally assisted projects and State /state assisted projects. Item 3 applies to Federal /federally assisted projects only 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 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, S) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules EEO Page 8 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 3/07 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal promrement 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 363.073 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or.for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 9 EEO Special Provisions Minnesota Department of Transportation Revised 3/07 Office of Civil Rights STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and 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 10 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 3107 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment- related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(l) in Minnesota Rules.) EEO Page 11 EEO Special Provisions Minnesota Department of Transportation Revised 3/07 Office of Civil Rights STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) (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 goats for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under - utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes 363.073, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. EEO Page 12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 3107 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section 363.073. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section 363.073, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section 363.073, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to. achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section 363.073 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60 -4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment- related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. EEO Page 13 EEO Special Provisions Minnesota Department of Transportation Revised 3107 Office of Civil Rights 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 collative 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 H, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 14 Minnesota Department of Transportation Special Provisions Office of Civil Rights Revised 3/07 Minority 1l Women Employm 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% 11% 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% 11% 6% Cass 2.2% 6.9% 6% 6% Chippewa 2.2% 6.9% 4% 6% Chisa o 2.9% 6.9% 3% 6% Clay 0.7% 6.9% 6% 6% Clearwater 2.0% 6.9% 6% 6% Cook 1.2% 6.9% 5% 6% Cottonwood 0.8% 6.9% 4% 6% Crow Wing 2.2% 6.9% 6% 6% Dakota 2.9% 6.9% 11% 6% Dodge 0.9% 6.9% 4% 6% Douglas 2.2% 6.9% 6% 6% Faribault 2.2% 6.9% 4% 6% Filimore 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% 11% 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% L on 0.8% 6.9% 4% 6% EEO Page 15 EEO Special Provisions Minnesota Department of Transportation Revised 3107 Office of Civil Rights 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% Murray 0.8% 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% 11% 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% 11% 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% 11% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wright 2.9% 6.9% 3% 6% Yellow Medicine 2.2% 6.9% 4% 6% EEO Page 16 W N n d t0 [O G L N O � N H � �a co R a> R v z b R � xz U z� Zit . d .o o R a O a q � R I io � O rx E N ~ � �'q V �o� z A U R W o wl z q tu A� e �z 0 w N .-• N c+i <Y v1 � r oo � O N �+i 7 v� V� t� o� O� O N ..-.• N N N c� N 7 N �n N �O N h- N EEO Special Provisions Minnesota Department of Transportation Revised 3/07 Office of Civil Rights INSTRUCTIONS FOR EEO -12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first Mn/DOT construction project for the calendar year. (Prime and Subs) 1. 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 Mn/DOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self - explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnici1y 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 Mn/DOT 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 Mn/DOT'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 Mn/DOT's Office of Civil Rights at (651) 366 -3015. If you have submitted this form at any time during this calendar year, you do not need to submit another one. 1W 0 to cl I:L4 ) 2/A ) �/ � ��� � � _/ Wl 7E 4 1 iz 4 1 \ ❑D\ � } � zit In L L: to Q E = c 5 —V s ca cM 1W 0 to cl I:L4 EEO Special Provisions Minnesota Department of Transportation EEO -13 Rev. 3/07 Revised 3/07 Office of Civil Rights NSTRUCTIONS FOR EEO -13 MONTHLY EMPLOYMENT COMPLIANCE REPORT L -5. Self - explanatory — State Project #, county project is located in, are you a prime or sub, and contract value. 6. Percent of Completion is the estimated percentage of work completed including this reporting period. 7. Employment Data information will coincide with your employment records. All professional, supervisory and managerial hours actually worked on the project site must be included, whether or not they appear on the certified payroll. 7a. Name should be listed Last Name, First Name, and Middle Initial, This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 7b. Social Security Number self - explanatory. 7c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 7d. Ethnicitv 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 categories. 7g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT approved Trainee. 7h. Hours Worked for This Period will be all hours worked by the individual, for each trade, during the specified reporting period. Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals are determined by the geographic location and source of funding for the project. Projects in excess of $100,000 with any State funding must meet the State Employment Goals. Projects in excess of $10,000 with any Federal funding must meet the Federal Employment Goals. (See chart on EEO Pages 15 -16.) Minority and women employee hours shall be distributed evenly throughout the length of the project and in every trade and craft that performs work on the project. % Obtained is the percent of the total project hours worked by minority and women employees, up to and including this reporting period. 9. Prepared by Contractor Designee is the signature of the prime or subcontractor's EEO officer /designee. 10. Reviewed by Project Engineer is the signature of the Mn/DOT staff monitoring the project. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366 -3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through Mn/DOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WTTI or to find out more about this possibility please contact Mn/DOT's Office of Civil Rights at (651) 366 -3015. EEO Page 20 EEO -5 3/07 OF MINNESOTA DEPARTMENT OF TRANSPORTATION ON -THE -JOB TRAINING PROGRAM TRAINEE ASSIGNMENT SP #: Location: Project Engineer: Phone: ( ) Prime Contractor: Phone: ( ) Address: Project Manager: _ City: State: EEO Officer: Project Manager: Tel: Training Contractor: Phone: ( ) Address: City: State: Zip: EEO Officer: Project Manager: Tel: Job Title or Trade Classification: Name: Number of Training Hours on this Project: S.S. #: Address: Phone: City: State: EEO Officer: Project Manager: _ Tel: Approximate Start Date: Approximate Completion Date: Is the trainee a member of a certified apprenticeship program? If YES, verify with Apprenticeship Form or Indenture Number: 1. Ethnic Background: Hispanic Black Asian/Pacific Islander White ; Am. Ind /Alaskan (Verify with Tribal I.D. # or Affiliation ) . 2. Male; Female; District: Zip: Zip: EEO Page 21 Mn/DOT 21860 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF EEO CONTRACT MANAGEMENT CERTIFICATION OF ON- THE -JOB TRAINING HOURS FEDERAL- AID - PROJECTS EEO -6 3/07 Contractor: submit orig inal and one copy monthl to the p roject engineer CONTRACTOR REPORTING PERIOD: ADDRESS S.P. NO. (LOW): F.P. NO.: 1�.: 1►1 HOURS WORKED PREVIOUSLY Amount of Claim HOURS @ PER HOUR = $ TOTAL HOURS TO DATE CONTRACTOR: The undersigned contractor hereby certifies that the listed employees are bonafide trainees as required by the On- the -Job Training Special Provision and that they have worked the hours as reported above. Contractor Signature/Title Date PROJECT ENGINEER: I hereby certify that the On -the -Job training hours reported above have been reviewed and found correct. Engineer Signature /Title Date COMMENTS: HOURS WORKED THIS PERIOD EEO Page 22 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Form -1273 (52 FR 36920, October 2. 1987. revised October 21 1993 FHWA Electronic Version March 10 1994) Page 1 . General .................................. ............................... EEO -23 II. Nondiscrimination ................ ............................... EEO -23 Ill. Nonsegregated Facilities ...... ............................... EEO -25 IV. Payment of Predetermined Minimum Wage ................................... ............................... EEO -26 V. Statements and Payrolls ........ ............................... EEO -29 VI. Record of Materials, Supplies, and Labor ................................... ............................... EEO -29 VII. Subletting or Assigning the Contract ................... EEO -30 VIII. Safety: Accident Prevention . ............................... EEO -30 IX. False Statements Concerning Highway Projects ................................. ............................... EEO -30 X. Implementation of Clean Air Act and Federal Water Pollution Control Act .................. EEO -31 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion .............................. ............................... EEO -31 XII. Certification Regarding Use of Contract Funds for Lobbying .............. ............................... EEO -33 AppendixA ...................................... ............................... EEO-34 I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or _ b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRBRNATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 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 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60 -4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." EEO Page 23 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will . be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in d recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability: —The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. the extent that the system permits the contractor's compliance with EEO contract provisions. EEO Page 24 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con's) c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. S. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary, to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (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, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR -1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the frin does not maintain or provide for its employees any EEO Page 25 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the ti me actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IVA(c), when such a classification prevails in the area in which the work is performed c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour 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. EEO Page 26 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con's) d. In the event the contractor or subcontractors, as (2) The allowable ratio of apprentices to journeyman- appropriate, the laborers or mechanics to be employed in the level employees on the job site in any craft classification additional classification or their representatives, and the shall not be greater than the ratio permitted to the contracting officer do not agree on the proposed contractor as to the entire work force under the registered classification and wage rate (including the amount program. Any employee listed on a payroll at an designated for fringe benefits, where appropriate), the apprentice wage rate, who is not registered or otherwise contracting officer shall refer the questions, including the employed as stated above, shall be paid not less than the views of all interested parties and the recommendation of applicable wage rate listed in the wage determination for the contracting officer, to the Wage and Hour Administrator the classification of work actually performed. In for determination. Said Administrator, or an authorized addition, any apprentice performing work on the job site representative, will issue a determination within 30 days of in excess of the ratio permitted under the registered receipt and so advise the contracting officer or will notify program shall be paid not less than the applicable wage the contracting officer within the 30 -day period that rate on the wage determination for the work actually additional time is necessary performed. Where a contractor or sub is e. The wage rate (including fringe benefits where performing construction on a project in a locality other appropriate) determined pursuant to paragraph 2c or 2d of than that in which its program is registered, the ratios and this Section IV shall be paid to all workers performing work wage rates (expressed in percentages of the journeyman- in the additional classification from the first day on which level hourly rate) specified in the contractors or work is performed in the classification. subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate 3. Payment of Fringe Benefits: specified in the registered program for the apprentice's a. Whenever the minimum wage rate prescribed in the level of progress, expressed as a percentage of the contract for a class of laborers or mechanics includes a joumeyman-level hourly rate specified in the applicable fringe benefit which is not expressed as an hourly rate, the wage determination. Apprentices shall be paid fringe contractor or subcontractors, as appropriate, shall either pay benefits in accordance with the provisions of the the benefit as stated in the wage determination or shall pay apprenticeship program. If the apprenticeship program another bona fide fringe benefit or an hourly case equivalent does not specify fringe benefits, apprentices must be paid thereof the full amount of fringe benefits listed on the wage b. If the contractor or subcontractor, as appropriate, does not determination for the applicable classification. If the make payments to a trustee or other third person, he /she Administrator for the Wage and Hour Division may consider as a part of the wages of any laborer or determines that a different practice prevails for the mechanic the amount of any costs reasonably anticipated in applicable apprentice classification, fringes shall be paid providing bona fide fringe benefits under a plan or program, in accordance with that determination. provided, that the Secretary of Labor has found, upon the (4) In the event the Bureau of Apprenticeship and written request of the contractor, that the applicable Training, or a State apprenticeship agency recognized by standards of the Davis -Bacon Act have been met. The the Bureau, withdraws approval of an apprenticeship Secretary of Labor may require the contractor to set aside in program, the contractor or subcontractor will no longer be a separate account assets for the meeting of obligations permitted to utilize apprentices at less than the applicable under the plan or program. predetermined rate for the comparable work performed by regular employees until an acceptable program is 4. Apprentices and Trainees (Programs of the U.S. DOL): approved. a. Apprentices: b. Trainees: (1) Apprentices will be permitted to work at less than the (1) Except as provided in 29 CFR 5.16, trainees will not predetermined rate for the work they performed when be permitted to work at less than the predetermined rate they are employed pursuant to and individually registered for the work performed unless they are employed in a bona fide apprenticeship program registered with the pursuant to and individually registered in a program DOL, Employment and Training Administration, Bureau which has received prior approval, evidenced by formal of Apprenticeship and Training, or with a State certification by the DOL, Employment and Training apprenticeship agency recognized by the Bureau, or if a Administration. person is employed in his/her first 90 days of . (2) The ratio of trainees to joumeyman-level employees probationary employment as an apprentice in such an on the job site shall not be greater than permitted under apprenticeship program, who is not individually the plan approved by the Employment and Training registered in the program, but who has been certified by Administration. Any employee listed on the payroll at a the Bureau of Apprenticeship and Training or a State trainee rate that is not registered and participating in a apprenticeship agency (where appropriate) to be eligible training plan approved by the Employment and Training for probationary employment as an apprentice. EEO Page 27 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con's) Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman- level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits . listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be 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. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he /she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one - and - one -half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prune 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 EEO Page 28 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con't) provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section I (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially possible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 -005- 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 3I U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final EEO Page 29 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL, RIGHTS REQUIRED CONTRACT PROVISIONS (con't) construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the units shown on Form FHWA -47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph Ib relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to he performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety 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. 333). 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. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: EEO Page 30 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con't) NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL- on the EPA List of Violating Facilities. AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission ofplans, 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 not more that $10, 000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91- 604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92 -500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed there under. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION I. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts -49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to famish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. L The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded EEO Page 31 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGH'T'S REQUIRED CONTRACT PROVISIONS (con't) from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant iri a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" ( Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil 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; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * ** 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The. prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," " person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 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. EEO Page 32 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con't) g. A participation in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph 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 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 9 56mitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XH. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 44 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. EEO Page 33 MINNESOTA DEPARTMENT OF TRANSPORTATION EEO Special Provisions OFFICE OF CIVIL RIGHTS Revised 3/07 APPENDIX A (Short Version) REQUIRED CONTRACT PROVISIONS UEDERAL-AID CONSTRUCTION CONTRACTS The Required Contract Provisions for Federal -aid construction contracts, Form FHWA -1273 (Rev. 4 -93) is restated here for emphasis: Section IV. PAYMENT OF PREDETERMINED MINIMUM WAGE Section IV.2, Classification 2. Classification a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IVA(c), when such a classification prevails in the area in which the work is performed. For implementation reference Section IV.2(c), (d) and (e). This Page Left Blank Intentionally SECTION Ol 100 PART 1 GENERAL 1.01 SECTION INCLUDES SUMMARY A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Winnetka Avenue Improvements for the City of New Hope, Minnesota, City Project No. 845, S.P. 182 - 109 -06, Minn. Project No. ES IOES(035). B. Description of Work: Project consists of full depth pavement reclamation, water main replacement, sanitary and force main replacement, storm sewer installation, concrete curb and gutter replacement, and concrete driveway and sidewalk replacement in the City of New Hope. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are shown on the Drawings and shall be removed upon completion of Work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 000034 - 08209 -0 01100 -1 © 2009 Bonestroo SUMMARY 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site: 1. Hauling routes are to be limited to Bass Lake Road whenever feasible. 2. Use of 62 Avenue is to be minimized. 3. Construction traffic on other City owned residential streets will not be allowed. C. Other Work at Site: 1. Revisions of small utilities, gas, phone, electric, etc., may be underway at the same time as this Project. 2. Pond restoration and maintenance activities are expected on the property located at 5700 Winnetka Avenue. These activities are expected to be limited in duration and are not anticipated to interfere with the Work under this Contract. 3. The City of Crystal is planning on reconstructing portions of Sumter Avenue north of Bass Lake Road. Significant coordination is not anticipated, but may be necessary. 4. The City of New Hope is planning on relining the sanitary sewer main along Winnetka Avenue between 60 Avenue and 62 Avenue for the Fall/Winter 2009. Coordination maybe required. 5. The City of New Hope is planning a water main extension project along the north side of Bass Lake Road (County Road 10) from Winnetka Avenue to Yukon Avenue in 2010. Coordination may be required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 01 100 -2 V 2009 Bonestroo SUMMARY SECTION 01200 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work and request for payment procedures. 1.02 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.03 PAYMENT PROCEDURES A. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. B. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01330. PART 2 PRODUCTS Not Used. 000034 - 08209 -0 01200 -1 © 2009 Bonestroo PRICE AND PAYMENT PROCEDURES PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 01200 -2 © 2009 Bonestroo PRICE AND PAYMENT PROCEDURES SECTION 0 13 10 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy, Greg Plumedahl; 763 - 493 -1670, fax: 763 -493 -1501. 5. Gas: CenterPoint Energy, Alla Denisova; 612 -321 -5077, fax: 612- 321 -5480. 6. Telephone: Qwest, Christy Allgood; 612 -381 -5563, fax: 612- 381 -5571. 7. Cable TV: Comcast, Doug Zahn; 651- 493 -5316, fax: 651- 493 -5116. C. Owner requires 48 -hours notice for all utility interruptions. D. Private utility information obtained from utility owners /operators is shown on the Drawings in a general way. The location of utilities is not guaranteed. The location of utilities and coordination during construction is the responsibility of the Contractor. Final locations of all utilities, per Gopher State One System, will be the responsibility of the Contractor. All costs associated with private utility coordination shall be incidental to the total Work of the Project. Information provided is of Quality Level D (QLD) as defined by ASCE Standards. Utility locations shown on the Drawings are based on this QLD information and have not been verified with a field survey. 000034 - 08209 -0 01310 -1 PROJECT MANAGEMENT C�.- 2009 Bonestroo AND COORDINATION 1.03 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Storm Water Discharges Associated With Construction Activities NPDES General Permit. 2. Hennepin County Utility Construction Permit for work with Right -of -Way. B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48 -hours notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330. 000034 - 08209 -0 01310 -2 PROJECT MANAGEMENT © 2009 Bonestroo AND COORDINATION C. Progress Meeting Procedures: 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. The Owner is very sensitive to the inconvenience each property owner will experience to construct this Project. The most frequent complaint received during this type of Project is the length of time for which streets, driveways, and boulevards are disturbed. Therefore, scheduling of the work, maintenance of local traffic, and timely repair of each driveway and yard are critical to the success of the Project. 2. Resident notification of work directly affecting their property is required for all situations. The Project Inspector may assist with notifying residents. However, it is the responsibility of the Contractor to ensure residents are aware of issues such as access restrictions and disrupted water supply. 3. Given the underlying soil type, conditions resulting from precipitation can be devasting to residents. Construction should be coordinated such that disturbed areas are minimized at any given time. Work completed in the street reconstruction area may be facilitated if phasing is scheduled for the included streets. 4. The aggregate material generated by the reclamation process can be used to ramp driveways and better maintain access for the residents within the Project area. 5. The contractor will be required to have a night time water main shut down when making the connection at the south end of the project near Bass Lake Road. There will be no additional compensation made for any night work. Any additional costs related to night work shall be considered incidental to the Project. 6. Anticipated street and utility work schedule for 2009. City approval is required before proceeding with Work: a. Work expected: i) Water main installation of main and services between Station 0 +85 and 4 +10. 000034 - 08209 -0 01310 -3 PROJECT MANAGEMENT C` 2009 Bonestroo AND COORDINATION b. Work preferred in order of preference: 1) Storm sewer installation between Station 6 +00 and 12 +00. 2) Sanitary and storm sewer spot replacement work. 3) Continuation of water main installation and services to the north of Station 4 +10. Any additional costs incurred as a result of cold weather is the responsibility of the Contractor. 7. All hard surfaces disturbed in 2009 will require permanent or temporary paving prior to suspension of work for the season. Any additional costs associated with cold weather curing for concrete materials will be the responsibility of the Contractor. 8. All remaining street and utility work of the Project shall be completed in 2010 except wear course paving. PART 2 PRODUCTS Not Used. PART 3 EXECUTION A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034- 08209 -0 01310 -4 PROJECT MANAGEMENT © 2009 Bonestroo AND COORDINATION SECTION 01330 "►Yil��i(II�II_�rI�7 � PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on I inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 000034 - 08209 -0 01330 -1 �D 2009 Bonestroo SUBMITTAL PROCEDURES 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean -up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8 -1/2 inch by 11 inch paper outlining 24 hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8 -1/2 inches by 11 inches. Non - legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of. Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. 000034 - 08209 -0 01330 -2 Cc' 2009 Bonestroo SUBMITTAL PROCEDURES D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in Paragraph 6.17.E of the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in Paragraph 6.17.E of the General Conditions. F. Engineer will return reviewed submittals to Contractor by U. S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15- percent mark- up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 000034 - 08209 -0 01330 -3 V 2009 Bonestroo SUBMITTAL PROCEDURES 3.05 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 01330 -4 C 2009 Bonestroo SUBMITTAL PROCEDURES SECTION 01400 i • • 1• PART 1 GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. C. Procedures to measure and report the quality and performance of the Work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.04 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. 000034 - 09209-0 01400 -1 2009 Bonestroo QUALTrY REQUIREMENTS C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.06 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.07 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.09 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. 000034 - 08209 -0 01400 -2 Q 2009 Bonestroo QUALITY REQUIREMENTS PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034- 08209-0 01400 -3 0 2009 Bonestroo QUALM REQUIREMENTS This Page Left Blank Intentionally SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C Minnesota Department of Transportation Traffic Engineering Manual. 1.03 SUBMITTALS A. Construction Staging Plan consistent with 3.03 of Section 01330. Plan shall include the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with 3.03 of Section 01330. Plan shall include the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. 000034 - 08209 -0 01500 -1 TEMPORARY FACILITIES © 2009 Bonestroo AND CONTROLS PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that may be within the Site as directed by Engineer. B. Remove existing mailboxes and posts, and temporarily install in locations determined and approved by Post Office. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. An alternative to temporarily installing existing mailboxes in the street reconstruction area, the Contractor may install "new" temporary mailboxes in lieu of relocating existing boxes. If this option is selected, the existing mailboxes would be removed and left on the homeowner's property until the mailboxes may be reinstalled. C. Temporary mailbox location(s) and requirements are subject to approval of the Post Office responsible for the delivery of the mail to this area. The Post Office may modify the list of homes requiring the installation of a temporary mailbox. Temporary mailboxes required are anticipated for approximately 40 homes. Unless a significant increase or decrease is realized, no adjustment in the payment for this Bid Item will be made. A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction: 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventor assembly from Owner. Return to Owner at completion. 000034 - 08209 -0 01500 -2 TEMPORARY FACILITIES O 2009 Bonestroo AND CONTROLS C. Temporary Water Services: Maintain temporary potable water service to the structures that will have disrupted water service during the water main construction or as identified on the Drawings. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self - contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. B. Pumping — Sanitary Sewer By Pass: 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. 000034 - 08209 -0 TEMPORARY FACILITIES C 2009 Bonestroo 01500 -3 AND CONTROLS 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 MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct his work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan: 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. C. 2 -way traffic (1 lane in each direction) will be maintained at all times. 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 000034 - 08209 -0 TEMPORARY FACILITIES G 2009 Bonestroo 01500 -4 AND CONTROLS 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. j. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light: 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360- Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. C. Flashing Strobe Lights - SAE Specification J1318. 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. 000034 - 08209 -0 TEMPORARY FACILITIES C) 2009 Bonestroo 01500 -5 AND CONTROLS 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 famished 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. 000034 - 08209-0 TEMPORARY FACILITIES v 2009 Bonestroo 1500 -6 AND CONTROLS 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. 7. 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. F. 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 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 000034 - 08209 -0 TEMPORARY FACILITIES © 2009 Bonestroo 01500 -7 AND CONTROLS 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization (2021.501): 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: 1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned — 25 70 Percent of original contract amount earned — 50 90 Percent of original contract amount earned — 100 100 B. A Bid Item has been provided for Pumping — Sanitary By Pass (2503.611): Measurement is Lump Sum. Payment shall be included in the Base Bid. C. No Bid Item has been provided for dewatering. Any dewatering required will be considered incidental to the Project with all costs included in the TOTAL BASE BID. D. A Bid Item has been provided for Traffic Control (2563.601): Measurement is Lump Sum: 1. This shall be considered payment in full for all labor, equipment, and materials associated with the required traffic control devices for the entire Project. 2. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: 3. Partial payment of the Lump Sum Bid Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original Contract amount earned — 25 70 Percent of original Contract amount earned — 50 90 Percent of original Contract amount earned — 100 100 000034 - 08209-0 TEMPORARY FACILITIES G 2009 Bonestroo 01500-8 AND CONTROLS E. A Bid Item has been provided for Temporary Mail Boxes (2540.601): Measurement is Lump Sum. Payment for the Temporary Mail Boxes Bid Item will be made as follows: 1. 50 percent of the Bid Unit Price will be paid upon completion of the removal of the existing mailboxes and installation of the temporary mailboxes. 2. 50 percent will be paid upon completion of the reinstallation of the existing mailboxes and removal of the temporary mailboxes. This will be considered payment in full for all work and costs of this Bid Item. Full payment for this Bid Item will not be made until all mailboxes are installed properly and accepted by the Post Office and the homeowner. F. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 TEMPORARY FACILITIES © 2009 Bonestroo 01500 -9 AND CONTROLS This Page Left Blank Intentionally SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL 1.01 SECTION INCLUDES A. Managing stormwater runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. B. Section 02920 — Lawns and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 01330: 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans: 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.21) and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E: a. Submitted when requested by the Engineer. 000034 - 08209 -0 TEMPORARY EROSION AND C 2009 Bonestroo 01570 -1 SEDIMENT CONTROL b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling: 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall obtained through the University of Minnesota Erosion Control Inspector /Installer Certification program, or approved equal. 1.06 PERMITS A. Project disturbs 1 or more acres of total land area. Co- submittal with the Owner of a completed NPDES application form for the MPCA's General Stormwater Permit for Construction Activity and the appropriate fees to the MPCA is required. Submit a copy of the completed, signed, and dated application form to Owner. Permit coverage will become effective 7 days after the postmarked date of the completed application form. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the Work. Supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. 000034 - 08209 -0 TEMPORARY EROSION AND G 2009 Bonestroo 01570 -2 SEDIMENT CONTROL C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor: 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 02920 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. B. Heavy duty. 000034 - 08209 -0 TEMPORARY EROSION AND U 2009 Bonestroo 01570 -3 SEDIMENT CONTROL C. Wire Backed Silt Fence: Consists of wire mesh backing, posts, geotextile, and fasteners assembled on Site: 1. Posts: Steel T -post with welded plate, 1.26 lbs per lineal foot and 5 feet long. Post spacing shall not exceed 8 feet by 24 inch embedment. 2. Geotextile: Woven, either monofilament or tape, 36 inches minimum width, UV stabilized, with apparent opening size 20 to 70 sieve, and 100 lbs minimum grab tensile strength. 3. Wire mesh: minimum width of 30 inches, maximum mesh opening of 6 inches, and minimum 14-1/2 gauge wire. 4. Fasten geotextile and wire mesh to the posts with a minimum of 4 plastic zip ties of 50 -lbs tensile strength. 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: Conform to the Drawings and the following: 1. 2 inches minimum washed rock. 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 3. Minimum Thickness of Rock Placed: 6 inches. B. Wood Slash Mulch Construction Entrance: 1. Raw wood slash only. No chipped -up manufactured wood or chemically treated wood is allowed. 2. Splinter material to an average approximate length of 6 inches with a maximum length of 20 inches. Bark and wood splinters less than 2 inches long shall not exceed 20 percent by mass of the material. 3. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 4. Minimum Thickness of Mulch Placed: 12 inches. 2.03 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 000034 - 08209 -0 TEMPORARY EROSION AND C 2009 Bonestroo 01570 -4 SEDIMENT CONTROL 2.04 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5 — 100- percent wood fiber mulch. 2.05 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.06 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. C. Filter bag insert conforming to MnDOT Spec. 3890.3 subject to Site and approved by the Engineer. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 3/4 to 1 -1/2 inches crushed or natural rounded aggregate. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament / monofilament meeting the requirements of MnDOT Spec. Heavy Duty. 000034 - 08209 -0 TEMPORARY EROSION AND 0 2009 Bonestroo 01570 -5 SEDIMENT CONTROL C. Loose aggregate or a rock log(s) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 3891.3C: a. InfraSafe Sediment Control Barrier by Royal Enterprises ( http : / /www.royalenterprises.net /). 4. Pop -up head conforming to MnDOT Spec. 3891.3E. 5. Rock filter as shown on the Drawings. my= 0117Yi o M211111 1 011 A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control: 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. A. Conform to Section 02920. 2.09 DEWATERING SEDIMENT CAPTURE A. General — Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. 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. Take necessary precautions against damage to the Project by action of the elements. 000034 - 08209 -0 TEMPORARY EROSION AND C 2009 Bonestroo 01570-6 SEDIMENT CONTROL C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed: 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C: 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. 000034 - 08209 -0 TEMPORARY EROSION AND C� 2009 Bonestroo 01570 -7 SEDIMENT CONTROL D. Temporary Construction Entrance: 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. E. Mulch: 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg /ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. F. Hydraulic Soil Stabilizer ( Hydromulch): 1. Apply hydromulch in conformance with MnDOT Spec. 2575.3H. 2. Raking or harrowing of soil /seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Application Rate for Slopes Steeper Than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2, 100 lbs per acre. G. Slope (Cat) Tracking: 1. Slope tracking consists of operating a dozer up and down slopes so that the cleats of the tracks create grooves perpendicular to the slope. By operating the dozer up and down, the soil surface is firmed and miniature interceptor checks are created. 2. Required on all slopes equal to or steeper than 3:1 (H:V). 000034 - 08209 -0 TEMPORARY EROSION AND 0 2009 Bonestroo 01570 -8 SEDIMENT CONTROL H. Erosion Control Blanket: 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3J, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil /seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re- seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one -time proper installation is acceptable. I. Storm Drain Inlet Protection: 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. J. Temporary Sediment Traps: 1. Temporary sediment traps are excavated in conjunction with other grading activities. Temporary traps are approximately 2 feet or less in depth with a length to width ratio of 2:4. 2. Effectiveness of sediment traps can be increased by placing a rock weeper at the outlet. K. 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. 2575.3N with Seed Mix 100 or 110 replacing Seed Mix 190. 000034 - 08209 -0 TEMPORARY EROSION AND t 2009 Bonestroo 01570 -9 SEDIMENT CONTROL 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non - functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding /mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N: 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and offsite damage, to prevent health hazards, and to improve traffic safety. 3.04 MEASUREMENT AND PAYMENT A. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 000034 - 08209 -0 TEMPORARY EROSION AND C' 2009 Bonestroo 01570 -10 SEDIMENT CONTROL B. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80- percent partial payment will be made upon installation and 20- percent payment will be made upon removal and restoration: 1. Silt Fence, Type Heavy Duty Maintained (2573.502): Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 2. Inlet Protection (2573.602): Measurement will be by each. Payment will be made only once per structure. Temporary removal and reinstallation(s) of devices to allow stages of work will be considered incidental. 3. Temporary Construction Entrance: Shall be considered incidental to the Project. 4. Mulch: Shall be considered incidental to the Project. 5. Sediment Trap: Shall be considered incidental to the Project. C. A Bid Item has been provided for Water (2130.501). Measurement will be per 1,000 gallons (MG) applied to the street. Payment will constitute compensation in full for all Work and cost to furnish and install the Water. This Bid Unit is intended to pay for water used for dust control only and only at those times that it is requested by either the Engineer or Owner: 1. Water used for the construction of the streets will be considered incidental to the Project. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 TEMPORARY EROSION AND V 2009 Bonestroo 01570 -11 SEDIMENT CONTROL This Page Left Blank Intentionally SECTION 01700 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 Sections: 1. Record Documents 2. Written Notification of Substantial Completion 3. Executed Certificate of Substantial Completion 4. Written Notification of Final Completion 5. 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. 000034 - 08209 -0 01700-1 Cc) 2009 Bonestroo EXECUTION REQUIREMENTS B. Existing Conditions: Before commencing Work, inspect Work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Install each element of work during weather conditions and Project status to ensure coordination of Work. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. . 3.04 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new Work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. 000034- 08209 -0 01700 -2 G 2009 Bonestroo EXECUTION REQUIREMENTS 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. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146 -1173 orbycalling (651) 296 -4444. 3.06 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Street Sweeper (With Pickup Broom) (2123.610): Measurement will be by the units of hours for a sweeper and operator. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 01700 -3 C 2009 Bonestmo EXECUTION REQUIREMENTS This Page Left Blank Intentionally SECTION 02225 1.01 SECTION INCLUDES REMOVALS A. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2104 — Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 000034 - 08209 -0 02225-1 CO 2009 Bonestroo REMOVALS 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION W1lteaLl1a7_Itl A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 02315. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 000034 - 08209 -0 02225 -2 © 2009 Bonestroo REMOVALS 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.313, except as modified below. B. Sawcut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. C. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 000034 - 08209 -0 02225 -3 P 2009 Bonestroo REMOVALS 3.06 REMOVE CURB AND GUTTER A. Sawcut at removal limits (incidental). B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). C. Two Bid Items are provided for curb and gutter removal: 1. Remove Curb and Gutter: Quantities will be measured under this Bid Item if the length of any individual span of removal is equal or greater than 100 feet in length. 2. Remove Curb and Gutter, Special: To include all "spot replacement" curb and gutter that do not meet the constraints given above (3.06.C.1.). 3.07 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, and driveways. B. Sawcut concrete surfacing prior to removal (incidental). C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. 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. 3.08 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Sawcut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer (Incidental). C. Remove bituminous in such a manner that the remaining surfacing is not damaged. 000034 - 08209 -0 02225 -4 0 2009 Bonestroo REMOVALS 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). 3.09 REMOVE MANHOLES AND CATCHBASINS A. Remove structure in its entirety. 3.10 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with brick, non - shrink concrete grout, or concrete block masonry 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. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3 feet of final surface elevation. 3.11 SALVAGE AND REINSTALL A. Signs: 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition: a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. 2. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. 3. Exercise reasonable care against damage to in -place signs during storage and installation. 4. Remove signs damaged during construction and replace with new signs. 000034 - 08209 -0 02225 -5 C 2009 Bonestroo REMOVALS B. Mailboxes: 1. Remove and salvage existing mailboxes that interfere with the Work or whose access is restricted by the construction activities. 2. Place at temporary locations as directed by Engineer or as shown on Drawings. 3. Removal, temporary re- installation, and replacement shall occur such that mail delivery is not interrupted. 4. Reinstall in locations as shown on Drawings or as directed by Engineer. 5. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. C. Fences: 1. Salvage and store fence and post material where they are in conflict with the Work. 2. After completion of Work, reinstall fence to the condition existing prior to removal. 3. Install temporary snow fence or similar barrier at the end of the working day while the permanent fence is removed. D. Benches: 1. Salvage and store benches designated for relocation as shown on the Drawings. 2. Install salvaged benches in new locations as shown on the Drawings or as directed by Engineer. E. Retaining Wall (Reconstruct): 1. Salvage and store retaining wall materials where is conflict with Work. 2. Reinstall retaining wall to match initial shape, size, and dimension upon completion of Work. 3.12 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. 000034 - 08209 -0 02225 -6 0 2009 Bonestroo REMOVALS 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. 3.13 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. 3.14 MEASUREMENT AND PAYMENT A. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. B. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: 1. Sawing Bituminous Pavement (2104.513): Per lineal foot along the saw cut line as staked. 2. Remove Bituminous Pavement (2104.505): Per square yard without regard to thickness. 3. Remove Bituminous Driveway Pavement (2104.505): Per square yard without regard to thickness. Measurement includes sawing bituminous driveway pavement at removal limits. 4. Remove Concrete Walk (2104.503): Per square foot without regard to thickness. Measurement includes sawing concrete walk at removal limits. 5. Remove Concrete Curb and Gutter (2104.501): Per lineal foot. Measurement includes all sawing at removal limits. 6. Remove Concrete Curb and Gutter, Special (2104.501): Per lineal foot. Measurement includes all sawing at removal limits required for the removal of existing and installation of new concrete curb and gutter. 7. Remove Concrete Driveway Pavement (2104.505): Per square yard without regard to thickness. Measurement includes sawing concrete pavement at the removal limits. 000034- 08209 -0 02225 -7 C 2009 Bonestroo REMOVALS 8. Remove Hydrant (2104.509): Per each. 9. Remove Manhole or Catch Basin (2104.509): Per each. 10. Remove Casting (2104.509): Per each. Payment includes work associated with the removal of casting and all adjustment rings. 11. Remove Water Main (2104.501): Per lineal foot of the type specified, measured from center of junction fittings. 12. Remove Sewer Pipe (Storm) (2104.501): Per lineal foot ofthe type specified, measured from center of catch basins, or manholes, and will include the length of any aprons. 13. Remove Sewer Pipe (Sanitary) (2104.501): Per lineal foot of the type specified, measured from center of manholes. 14. Reconstruct Retaining Wall (2411.604): Per square yard measured to existing ground level of wall salvaged and reinstalled. 15. Salvage Wood Rail Fence (2104.521): Per lineal foot of the type specified. 16. Install Salvaged Fence (2557.603): Per lineal foot, regardless of type, reinstalled in its original location to a standard equal to or greater than the existing condition prior to the work. 17. Salvage and reinstall signs and mailboxes will be incidental. 18. Water service pipe and curb stop and box removal are considered incidental to the installation of new copper service and curb stop and boxes. 19. Gate ValveNalve Manhole Removal: No direct compensation will be made for removal of gate valves, boxes, and/or gate valve manholes. Cost for this work is to be included in the Bid Unit Price for pipe removal. 20. Construct Bulkhead (2503.602): Per each. 21. Salvage and Reinstall Bench (2104.523): Per each bench salvaged and reinstalled in the new location. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 02225 -8 Cc' 2009 Bonestroo REMOVALS SECTION 02230 SITE CLEARING PART 1 GENERAL 1.01 SECTION INCLUDES A. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2101 — Clearing and Grubbing. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming /Pruning: Cutting broken, damaged, or obstructing branches. 1.05 QUALITY ASSURANCE A. Burning: 1. Conform to all local regulations. 1.06 SITE CONDITIONS A. Work consists of removing trees generally along the boulevards where conflict with installation of new water services exist. 000034- 08209 -0 0 2009 Bonestroo 02230 -1 SITE CLEARING B. The Drawings do not specifically show all trees to be removed. Tree removals will be on a tree -by -tree basis. The quantity shown on the Bid Form is an estimate only. The actual quantity to be removed will not be determined prior to the start of construction. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.07 SEQUENCING AND SCHEDULING A. Complete before or sufficiently ahead of on -going rough grading, excavation, backfill, and compacting for utilities. B. Install temporary erosion control measures prior to Work of this Section. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Trees to be removed or clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. The Bid Unit Price will not be adjusted due to a change in the Bid Quantity. D. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. 000034 - 08209 -0 G 2009 Bonestroo 02230 -2 SITE CLEARING D. All depressions resulting from the grubbing operations shall' be backfilled in accordance with Section 02315. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. 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 the Site. D. On Site burial of any debris is not permitted. 3.06 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations: 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. 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. 000034 - 08209 -0 G 2009 Bonestroo 02230 -3 SITE CLEARING 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Clearing (2101.502). Measurement will be by physical count of each tree cleared having a diameter of more than 4 inches at a point 24 inches above the ground surface. Payment will constitute compensation in full for all removal, disposal work, and costs. B. A Bid Item has been provided for Grubbing (2101.507). Measurement will be by physical count of each tree or stump grubbed. Payment will constitute compensation in full for all removal, disposal, and costs. C. Sod Removal: This Work is considered incidental to the other Work of the Contract. D. Windfall /Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. E. Brush Removal: This Work shall be incidental to the Project. F. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. G. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 U 2009 Bonestroo 02230 -4 SITE CLEARING SECTION 02280 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Adjustment of utility structures. 1.02 RELATED SECTIONS A. Section 02510 - Water Main. B. Section 02530 - Sanitary Sewer Pipe. C. Section 02630 - Storm Drainage. D. Section 02740 - Plant Mixed Asphalt Pavement 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Casting. 2. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 3. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 4. C150 - Specification for Portland Cement (Concrete Rings /Mortar). B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2506 - Manholes and Catch Basins. 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. 000034 - 08209 -0 Oc 2009 Bonestroo 02280 -1 ADJUST MISCELLANEOUS STRUCTURES B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. Concrete: 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3,000 psi. 3. Reinforcing: Single hoop 8 -gauge steel wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. 2.02 ADHESION MATERIALS A. Ram -Nek material, or approved equal. B. Mortar: 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: 1 -part cement to 3 -parts mortar sand; lime maybe added to mixture: maximum amount 15 percent by volume. 000034 - 08209 -0 Oc 2009 Bonestroo 02280 -2 ADJUST MISCELLANEOUS STRUCTURES 2.03 EXTERNAL SEALS A. External Seals Approved Manufacturer: Infra- Shield, or approved equal: 1. Multiple section seal system. 2. Top section made of neoprene rubber. 3. All other sections made of EPDM rubber; 60 mil minimum thickness, 8 inches minimum height for extension sections. 4. Mastic: ASCO ST -30, BIDCO C56, or approved equal. 2.04 HYDRANT EXTENSIONS A. Sections: Match existing hydrant manufacturer and model. 2.05 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: a) NEENAH R1642, Type `B" Lid, or approved equal, for sanitary and storm sewer manholes. b) NEENAH R3067, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. c) NEENAH R3065, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. d) NEENAH R3250, Type "V" Grate, or approved equal, for storm sewer catch basins in the City of New Hope. 000034 - 08209 -0 0 2009 Bonestroo 02280 -3 ADJUST MISCELLANEOUS STRUCTURES e) Covers without grate openings stamped with "SANITARY SEWER" or "STORM SEWER" as appropriate. Use 2 inch letters. 2.06 VALVE BOX A. Risers: 1. Valve Box riser to fit the Tyler No. 6850, 6855, 6860, or 6865 top section and drop lid, or approved equal. 2. Tyler No. 69 gate valve extension screw adjustable, or approved equal. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. Concrete Adjusting Ring: 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps: a. Mortar Thickness: 1/4 to 1/2 inch. 000034 - 08209 -0 ?� 2009 Bonestroo 02280 -4 ADJUST MISCELLANEOUS STRUCTURES 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not plaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6 -inch ring where applicable. 3.04 INSTALLATION OF EXTERNAL SEAL SYSTEM A. Infra- Shield Type: 1. Remove all dirt, debris, dust, and other deleterious material from surfaces of structure, rings, and casting prior to installation of seal system. 2. System to be installed per manufacturer's recommendation. 3. Secure bottom section to top slab or cone, top section to casting flange with mastic. 4. Minimum of 2- inches overlap required between top and bottom sections of seal system: a. If minimum overlap is not achieved, extension section(s) must be inserted between the top and bottom sections until 2- inches overlap at all seams between all sections of the seal system is achieved. 5. Secure all seams between sections with mastic: a. Mastic to be installed continuously around entire perimeter of section with no gaps. 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: 000034 - 08209 -0 C 2009 Sonestroo 02280 -5 ADJUST MISCELLANEOUS STRUCTURES 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. Saw cut pavement edges prior to patch (incidental). 3.06 REMOVE EXISTING AND PLACE NEW MANHOLE AND CATCH BASIN FRAME A. Remove and dispose of frame and casting as indicated on the Drawings. B. Place new adjustment rings conforming to Section 3.03 — Adjust Frame and Ring Casting. C. Install new frame and casting. D. Patch road to match existing pavement section. Saw cut pavement edges prior to patch (Incidental). E. Dispose of removed material off the Site. 3.07 HYDRANT EXTENSIONS A. Remove upper section. B. Install extension kit as per manufacturer's requirements. C. Replace upper and lower rod assemblies with heavy -duty for extensions in excess of 18 inches. D. Replace the upper section. 3.08 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 318 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. 000034 - 08209 -0 0 2009 Bonestroo 02280 -6 ADJUST MISCELLANEOUS STRUCTURES C. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard concrete adjustment rings of the same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. E. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. G. Adjust valve boxes to 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw - threaded adjustable type. 3.09 MEASUREMENT AND PAYMENT A. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required to furnish and install the Bid Item in place. No additional payment will be made for interim adjustments. Costs for additional adjustments should be included in the Bid Item for providing and installing the casting. B. Adjusting Manhole Frame and Ring Casting: Adjustment of the manhole /catch basin frame and ring castings in this Contract are considered incidental to the installation of the manhole /catch basin and/or casting. C. Adjust Valve Box (2504.602): A Bid Item has been provided for Adjust Valve Box. Measurement will be by each existing valve box adjusted. D. Adjust Valve Box: Adjustment of the valve box on new valves installed under this Contract is incidental to the Bid Unit Price for furnishing and installing the valve. E. Adjust Curb Box: Adjustment of curb box on new curb stops installed under this Contract is incidental to the Bid Unit Price for famishing and installing the curb stop. 000034 - 08209 -0 C 2009 Bonestroo 02280 -7 ADJUST MISCELLANEOUS STRUCTURES F. Install Chimney Seal (2506.602): A Bid Item has been provided for Install Chimney Seal. Measurement shall be on the basis of each and shall be considered to include all labor, materials, and equipment necessary to perform the Work. G. Install Casting (2506.521): A Bid Item has been provided for Install Casting. Measurement will be per each casting installed as shown on the Drawings and adjusted in accordance with the Specifications. H. Casting Assembly (2506.516): A Bid Item has been provided for Casting Assembly. Measurement will be per each. I. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 (0 2009 Bonestroo 02280 -8 ADJUST MISCELLANEOUS STRUCTURES SECTION 02315 PART 1 GENERAL 1.01 SECTION INCLUDES A. Excavation and fill for roadways, foundations, channels, ponds, and other areas. 1.02 RELATED SECTIONS A. Section 02225 - Removals. B. Section 02230 - Site Clearing. C. Section 02318 - Subgrade Preparation. D. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01330: 1. Gradation tests for borrow materials. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein: 1. Grading Grade: Bottom of the aggregate base as shown on the Drawings. 2. Common Excavation: Will include all excavation below the grading grade. Other excavations directed by Engineer, such as subgrade excavation, shall be included as common excavation. 000034 - 08209 -0 0 2009 Bonestroo 02315 -1 EXCAVATION AND FILL 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water construction. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Select Granular Borrow (Modified): Conform to the following gradation requirements: Sieve Size Percent Passing #40 0 to 40 #200 0 to 5 PART 3 EXECUTION A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01570 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02225. 5. Strip topsoil consistent with Section 02230. 000034 - 08209 -0 C 2009 Bonestroo 02315 -2 EXCAVATION AND FILL A. Conform to MnDOT Spec. 2105.313, or as modified herein: 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 2. Where embankment is to be constructed over swamp, marsh, or other locations where the foundation material is unstable, the foundation shall be excavated to remove all or part of the unstable material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 21053C, or as modified herein: 1. Perform excavations to the alignment, cross section, and grade as shown on the Drawings and staked by the Engineer. 2. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 6. Cut, fill, and grade Site to elevations and contours shown on the Drawings with allowances for pavements, topsoil, and structures. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31), or as modified herein: 1. Strip topsoil consistent with Section 02230. 2. No disposition of bituminous millings will be permitted, unless thoroughly mixed with other on Site materials. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E, or as modified herein: 1. Topsoil placement shall conform to Section 02920. 000034- 08209 -0 0 2009 Bonestroo 02315 -3 EXCAVATION AND FILL 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein: 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 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). If the Contractor wishes to use soils which are not at the needed water content, it is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition such that the entire profile (entire lift thickness) attains the minimum specified compaction level. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. 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 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein: 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. 000034 - 08209 -0 Cad 2009 Bonestroo 023154 EXCAVATION AND FILL 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Common Excavation (2105.501): Measurement will be by volume of material in its original position. Payment includes removal, hauling, disposal, and all other costs associated with this Bid Item. The quantity on the Bid Form accounts for all excavations required for the construction of all parts of this Project as shown by the Drawings. The Bid Quantity will be adjusted accordingly for any deviations from the original plan or for reclaim materials that are salvaged and reused as aggregate base. B. Excess aggregate material generated on the reclaim streets that is hauled away directly, or used for access maintenance and then hauled away, will be paid under the Common Excavation Bid Item. Payment will not be made to move the material to another part of the Project, then again for removal and disposal; i.e. compensation for excess reclaim material used for maintenance will be paid one time only. C. Excess aggregate material generated from reclaim streets used as Aggregate Base will be paid in accordance with Section 02720. The quantity of material paid as Aggregate Base will be subtracted from the quantity of Common Excavation. Aggregate quantities will be calculated using a conversion factor of 1.80 TN /CY. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 G 2009 Bonestroo 02315 -5 EXCAVATION AND FILL This Page Left Blank Intentionally SECTION 02318 SUBGRADE PREPARATION 1.01 SECTION INCLUDES A. Grading, shaping, and compacting subgrade prior to placing a base or surface course. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the bituminous /aggregate base course. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross- section. 000034 - 08209 -0 C' 2009 Bonestroo 02318 -1 SUBGRADE PREPARATION B. Includes shaping, compacting, and tolerance of the aggregate base material. A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.317 1, 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. 2105.3G, or as modified below: 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. 3.05 MEASUREMENT AND PAYMENT A. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefor. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 © 2009 Bonestroo 02318 -2 SUBGRADE PREPARATION SECTION 02320 TRENCH EXCAVATION AND BACKFILL 1.01 SECTION INCLUDES A. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. 1.02 RELATED SECTIONS A. Section 02230 - Site Clearing. B. Section 02510 - Water Main. C. Section 02530 - Sanitary Sewer Pipe. D. Section 02630 - Storm Drainage. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. B. American Society of Testing Materials (ASTM): 1. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. C. American Water Association: 1. C 150 — Thickness Design of Ductile Iron Pipe. 2. C151 — Ductile Iron Pipe Centrifugally Cast in Metal Molds or Sand — Lines Molds for Water and Other Liquids. 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01330: 1. Product Data for each Borrow Material: 000034 - 08209 -0 TRENCH EXCAVATION G 2009 Bonestroo 02320 -1 AND BACKFILL 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 draintile pipe. E. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1 inch as measured by a 10 -foot straight edge will be repaired in a manner acceptable to the Owner at the Contractor's expense. 000034 - 08209 -0 TRENCH EXCAVATION G 2009 Bonestroo 02320_2 AND BACKFILL PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe Pipe: 1. Comply with MnDOT Spec. 3 149.213 1 for granular borrow: a. No on Site granular material encountered during construction may be used. b. 1 inch maximum aggregate size. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP): 1. Class C -1 Bedding: a. Undisturbed soil. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified: 1. Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces. 2.03 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.2H. 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.213 1 for Granular Borrow: 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 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. 000034 - 08209 -0 TRENCH EXCAVATION © 2009 Bonestroo 02320 -3 AND BACKFILL 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. 000034 - 08209 -0 TRENCH EXCAVATION ro 2009 Bonestroo 023204 AND BACKFILL 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 be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under " Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right -of -ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control: 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom: 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 000034 - 08209 -0 TRENCH EXCAVATION 2009 Bonestroo 02320 -5 AND BACKFILL 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 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. 1, 116 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. 000034 - 08209 -0 TRENCH EXCAVATION C 2009 Bonestroo 02320 -6 AND BACKFILL C. Ductile Iron Pipe: Bed pipe in accordance with AWWA Standard C 150 and C 151. D. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. E. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3171 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench as directed by the Engineer to prevent damage to specimen trees or adjacent structures. 000034 - 08209 -0 TRENCH EXCAVATION Oc 2009 Bonestroo 02320 -7 AND BACKFILL 3.08 FIELD QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re- compacted until the density requirements are met. 3.09 MEASUREMENT AND PAYMENT A. Trench Excavation: Excavation and backfilling of trench and associated pipe bedding shall be included in the price of pipe provided. B. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. C. Improved Pipe Foundation (2451.603): At the Bid Unit Price per lineal foot for each 6 -inch layer placed below pipe bedding: 1. For example, if 2 feet of foundation material is required under a pipe installed with C -2 bedding; 6 inches of material is required for Class C -2 bedding and payment will be made for 3 lineal feet of pipe foundation material, 6 inches deep per foot of pipe installed. 2. No payment will be made without the knowledge or consent of the Engineer. 3. No payment will be made for subgrade rock installed for dewatering purposes only, unless specified. D. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. E. Density Tests: 1. Passing Tests: All costs paid by Owner. 2. Failing Tests: All costs charged to and paid by the Contractor. F. Dewatering: No explicit, direct payment is made for this work. Costs for this Work are to be included in the Bid Unit Prices for the pipe and structure installed. G. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 TRENCH EXCAVATION © 2009 Bonestroo 02320 -8 AND BACKFILL SECTION 02510 PART 1 GENERAL 1•___ 12 1.01 SECTION INCLUDES A. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Structures. B. Section 02315 - Excavation and Fill. C. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. American Water Works Association (AWWA): 1. C104 - American National Standard for Cement Mortar Lining for Ductile -Iron Pipe and Fittings for Water. 2. C105 - American National Standard for Polyethylene Encasement for Ductile -Iron Pipe Systems. 3. C 111 - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C 116 - American National Standard for Protective Fusion- Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron fittings for Water Supply Service. 5. C151 - American National Standard for Ductile -Iron Pipe, Centrifugally Cast, for Water. 6. C153 - American National Standard for Ductile -Iron Compact Fittings for Water Service. 7. C504 - AWWA Standard for Rubber - Seated Butterfly Valves. 8. C509 - AWWA Standard for Resilient- Seated Gate Valves for Water Supply Service. 000034 - 08209 -0 C 2009 Bonestroo 02510 -1 WATER MAIN 9. C515 - AWWA Standard for Reduced -Wall, Resilient- Seated Gate Valves for Water Supply Service. 10. C550 - American National Standard for Protective Interior Coatings for Valves and Hydrants. 11. C600 - AWWA Standard for Installation of Ductile -Iron Water Main and Their Appurtenances. 12. C651 - AWWA Standard for Disinfecting Water Mains. B. American Society of Testing and Materials (ASTM): 1. A48 - Gray Iron Castings. 2. Al26 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A307 - Carbon Steel Bolts and Studs, 60,000 -PSI Tensile Strength. 4. A536 - Standard Specification for Ductile Iron Castings. 5. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 6. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 3760 — Insulation Board (Polystyrene). 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01330: 1. Pipe, fittings, valves, and hydrants. 2. Joint restraint and corrosion resistant coatings. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 48 hours prior to performing Work. At this time, the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut down 48 hours in advance of shut down. 000034 - 08209 -0 K! 2009 Bonestroo 02510 -2 WATER MAIN C. The Owner must open and close the existing valves for this part of the operation. The Owner is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the Owner as necessary. D. Successfully complete required test and inspections before restoration of surface. 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151/A21.51. B. Cement -mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 14 inches. D. Fittings: AWWA C153/A21.53, Ductile Iron, 250 -psi working pressure, AWWA C111 /A21.11 latest revision, mechanical joint or push -on: 1. All fitting shall be fusion bonded epoxy coated per ANSI /AWWA CI16/A21. E. Wrap all pipe and fittings according to pipe encasement requirements. 2.02 BOLT ASSEMBLIES A. Tee -Head Bolts: 1. General: Conform to ANSI/AWWA C111 /A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 18 (by Metal Coating Corp.); NSS Industries Cor -Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts: 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants and gate valves. C. Carbon Steel Bolts: 1. General: Conform to requirements of AWWA C515 and ASTM A307. 000034 - 08209 -0 C) 2009 Bonestroo 02510 -3 WATER MAIN 2. Fluorocarbon Resin Coating: FluoroKote #18 (by Metal Coating Corp.), NSS Industries Cor -Blue bolt coating, or approved equal. 3. Approved for use as exterior bolts for hydrants and gate valves. A. General Requirements: AWWA Standard C502. B. Specified Hydrant: WB -67 -250, or approved equal. C. Approved Manufacturer: Waterous Pacer, or approved equal. D. Two 2 -1/2 inch hose connections. E. One 4 -1/2 inch steamer. F. National standard operating nut. G. 5 -inch valve opening. H. 6 -inch mechanical joint pipe connection. I. Break -off flange with breakable rod coupling. J. 8' -0" cover. K. 16 inch high traffic section. L. Nozzle caps attached to hydrant with metal chains. M. Exterior Bolt Assemblies: Conform to Paragraph 2.02 — Bolt Assemblies. N. Hydrants placed where the ground water table is less than 8 feet below the ground surface shall have the drain holes plugged and shall be equipped with a tag stating the need for pumping after use. O. Color: Painted Waterous Enamel No. VI 814-R at the place of manufacture. P. After installation and testing is complete, the "field coat" of paint shall be applied with a brush. 2.04 GATE VALVE AND BOX A. General Requirement: AWWA C515 or C509. B. Non - rising stem (NRS), opening by turning counter clockwise, 2 -inch square operating nut. 000034 - 08209 -0 © 2009 Bonestroo 025104 WATER MAIN C. O -ring seals. D. Mechanical joint ends conforming to AWWA C111/A21.11. E. Exterior Bolt Assemblies: Conform to Paragraph 2.02 — Bolt Assemblies. F. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSFAWWA C550 and C116/A21.16. G. Wrap gate valves according to Section 2.09 — Pipe Encasement. H. Spur gear actuator for valves 16 inches and larger. I. Valve Boxes: 1. 3- piece, cast iron, screw -type. 2. Adjustable for 7 -1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5 -1/4 inch diameter shafts. 5. "Stay put" type drop covers, "WATER" on top with extended skirts. 2.05 BUTTERFLY VALVE AND BOX A. General Requirement: AWWA C504. B. Mechanical joint valve ends conforming to AWWA C111 /A21.11. C. AWWA C504 Class 150B valve shaft diameter. D. Valve Body: High strength cast iron conforming to ASTM Al26, Class B. E. Valve Vane: High- strength cast iron conforming to ASTM A48, Class 40, rubber seat mechanically secured with an integral 18 -8 stainless steel clamp ring and 18 -8 stainless steel self - locked screws. F. O -ring seal. G. Exterior Bolt Assemblies: Conform to Paragraph 2.02 — Bolt Assemblies. H. Operator: 1. Traveling nut type sealed, gasketed, and lubricated for underground service. 000034 - 08209 -0 CC) 2009 Bonestroo 02510 -5 WATER MAIN 2. Open counter clockwise. 3. 2 -inch square operating nut. I. Valve Box: 1. 3- piece, cast iron, screw -type. 2. Valves and boxes to be considered integral units. 3. 5 -1/4 inch diameter shafts. 4. Round or oval bases. 5. "Stay put" type drop covers, bearing the word "WATER" on top with extended skirts. 2.06 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 2.07 WET TAP A. Not allowed. 2.08 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe: 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron Inc. Megalug, Star Pipe Stargrip, or approved equal. Mega - lug and retainer glands are not allowed on existing cast iron pipe. 4. Casting body and wedge assemblies coating: a. Fusion bonded epoxy per ANSI/AWWA C 116/A2. OR b. Xylan fluoropolymer coating such as MEGA -BOND' by EBAA Iron, Star -Bond by Star Pipe, or approved equal. 5. Wrap according to Section 2.04 — Pipe Encasement. 000034 - 08209 -0 G 2009 Bonestroo 02510 -6 WATER MAIN B. Tie Rods: 3/4 inch diameter rods stainless steel or fusion bonded epoxy coated. 2.09 PIPE ENCASEMENT A. Material: Polyethylene film conforming to AWWA C105/A21.5 and ASTM A674, tube form. B. Color: Black. C. Film Marking Requirements: Conform to AWWA C 105/A21.5 and ASTM A674, including AWWA/ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 2.10 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. 2.11 CORPORATION STOP A. Conform to the requirements of Section 02515. 2.12 COPPER SERVICE PIPE A. Conform to the requirements of Section 02515. PART 3 EXECUTION 3.01 PREPARATION A. Conform to the requirements of Section 02320. 3.02 INSTALLATION OF PIPE A. Install pipe and fittings in accordance with the manufacturer's instructions and with the details shown on the Drawings. B. Permanently support, remove, relocate, or reconstruct existing utility pipes, cables, structures, or other appurtenances when they obstruct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the inside of pipe. D. All jointing of mechanical joint pipe and push -on joint pipe in accordance to AWWA C600. 000034- 08209 -0 C 2009 Bonestroo 02510 -7 WATER MAIN E. Outside of the spigot and the inside of the bell, wire brush, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such Work. G. Provide conductivity throughout the water system by use of conductivity strap. H. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. I. Installing Fittings: 1. General Requirements: AWWA C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 3. Spray exterior ductile iron nuts, bolts and joint restraint bolts using a bituminous coal tar as supplied by the manufacturer. J. Wrap all ductile iron pipe and fittings according. K. Backfilling: Conform to Section 02320. 3.03 INSTALLATION OF HYDRANT A. Location determined by Engineer. A grade stake and location stake will be provided by the Engineer before the hydrant may be set. B. Set on 8 -inch concrete block, or approved equal concrete base. C. Brace according to Drawings. D. After each hydrant has been set, place around the base of the hydrant not less than 1 cubic yard of Class A round washed rock with a minimum diameter of 3/4 inch. Carefully place 2 layers of polyethylene, minimum 4 mm thickness each, over the rock to prevent backfill material from entering voids in the drain rock. E. Wrap the hydrant assembly with pipe encasement to the bottom of the break off flange. F. Maintain hydrants in a plumb position during the backfilling operation. 000034 - 08209 -0 G 2009 Bonestroo 02510 -8 WATER MAIN 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the manner as specified for cleaning, laying, and jointing pipe. Location to be determined by the Engineer. B. Valves and boxes shall be supported on an 8 -inch concrete block as shown on the Drawings. C. Maintain valve box centered and plumb over the operating nut of the valve. D. Set top of valve box flush with the existing surface to provide 12 inches of upward adjustment. 3.05 ANCHORAGE A. Brace hydrants securely against undisturbed soil using precast concrete block. Use mechanical joint restraints or rod all joints from main line tee to hydrant gate valve, then from gate valve to hydrant. B. Restrain all bends and fittings with mechanical joint restraints and poured in place thrust blocking. 1• V _•► A. Review insulation installation with Engineer: 1. Place insulation between water pipe and sanitary pipe when water main or service is within 1 foot above or below the sanitary pipe. 2. Place insulation between storm sewer pipe and water main or water service when pipes are separated by less than 2 feet. 3.07 TEMPORARY WATER SERVICE A. During water main construction, install and maintain temporary water service to all homes, apartments, and/or businesses as shown on the Drawings: 1. The temporary service will allow efficient removal of the existing water main and services, and installation of the new. 2. The temporary service shall provide adequate pressure and volume to properties. 3. Use a minimum of 3 inches diameter main line and 3/4 -inch service line (4 inch diameter main lines have been used on similar past projects.) 000034 - 08209 -0 0 2009 Bonestroo 02510 -9 WATER MAIN 4. The Contractor shall perform a bacteria test on all temporary water lines prior to making any connections to homes or terminating existing water service. 5. The Contractor shall install any main line valves that may be required to shut off or isolate an area based on the Contractors schedule of work or temporary water system. All valves installed shall be installed in their permanent location as shown on the Drawings per the new water main location. Any valve not installed in its permanent location shall not be paid for and shall be incidental to the temporary water main. 6. Coordinate all Work with the Owner and the Engineer. If staging of the temporary system is necessary, provide a schedule and description of how this is to be accomplished. Submit a plan for temporary service for approval by the Owner. 7. Coordinate connections and service interruptions with the property owners and Engineer at least 48 hours in advance. 8. Provide ramping and/or shallow trenching at street and driveway crossings. 9. Provide emergency contact numbers for evenings and weekends. 10. Maintain, inspect, and adjust the temporary piping as needed or directed throughout the construction. B. Contractor to chlorinate the temporary water service lines. The lines are to be filled with water, let stand for 48 hours and then the entire system flushed completely. After the temporary water service lines have been flushed, let them sit for 24 hours before performing the bacteria test. When passing bacteria test results are received, the residents may be connected. 3.08 PIPE CONFLICTS A. Shall apply to any crossings under existing cast iron pipe and any pipe conflicts where a minimum clear separation of 1 foot is not possible. B. Cut the water main beyond the proposed sewer trench wall. C. Remove the abandoned water main and install offset as shown on the Drawings or as encountered during construction. D. All offset piping shall be DIP. E. Mechanical joint restraints shall not be allowed on cast iron pipe. 000034 - 08209 -0 V 2009 Bonestroo 02510 -10 WATER MAIN 3.09 PROTECTION A. Existing valves and hydrants shall be operated by the Owner, unless under emergency situations. B. Securely plug all water main openings promptly before suspension of Work at any time to prevent earth or other substances from entering the water main. C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. 3.10 FIELD QUALITY CONTROL A. Scope: 1. Perform hydrostatic pressure, disinfection, and conductivity tests. 2. The Engineer will observe and verify all tests and visually inspect final Work for compliance. B. Hydrostatic Pressure Test: 1. Minimum Test Pressure: 150 psi. 2. Test Duration: 2 hours. 3. Criteria: No drop in pressure allowed. 4. Testing gauge: liquid filled, 4 -1/2 inches diameter, labeled in 1 -psi increments, such as Ashcroft Model 1082, or approved equal. 5. Test all lines, including hydrant leads, water services, and stubs. Services will be tested to the new curb stops. C. Disinfection: 1. General Requirement: AWWA C651 — Disinfecting Water Mains (Tablet Method). 2. Place hypochlorite tablets in each section of pipe and all appurtenances: a. Attach tablets to top of pipe with a food grade adhesive, such as denture grip. 000034 - 08209 -0 (P 2009 Bonestroo 02510 -11 WATER MAIN b. The estimated number of tablets required per 20 foot length of pipe based on 3 -1/4 grain available chlorine per tablet is as follows: Diameter No. of Tablets 4 Inches 1 6 Inches 2 8 Inches 3 10 Inches 4 12 Inches 5 16 Inches 9 C. Contractor shall use a Project specific number of tablets to disinfect water main for 24 hours with at least 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end of the 24 -hour period. 3. Fill main with water at a velocity of less than 1 foot per second if tablet method is used. 4. Flushing by Contractor may begin after the chlorinated water has been allowed to disinfect the new pipe for 24 hours. 5. 1- bacteria test is required for every 2,000 feet of water main installed, with a minimum of 2 sample tests per Project. Contractor shall perform the bacteria test. D. Conductivity: 1. Conductivity shall be provided throughout the water system by use of copper straps or approved conductive gaskets with copper inserts. 2. Test Current: 350 amps at approximately 30 volts for 4 minutes, then 400 amps for 1 minute without fluctuation. Engineer may alter current requirement and duration. 3. Fill lines with water prior to test. 4. Test all lines, including hydrant leads, water services, and stubs. 000034- 08209 -0 c 2009 Bonestroo 02510 -12 WATER MAIN 3.11 MEASUREMENT AND PAYMENT A. Bid Items have been provided for Water Main. Measurement and Payment will be based upon the units listed below: 1. 6 Inch Water Main Ductile Iron Cl 52 (2504.603): Measurement will be based upon units of lineal feet of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. 2. 8 Inch Water Main Ductile Iron Cl 52 (2504.603): Measurement will be based upon units of lineal feet of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. 3. 12 Inch Water Main Ductile Iron Cl 52 (2504.608): Measurement will be based upon units of lineal feet of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. 4. 16 Inch Water Main Ductile Iron Cl 52 (2504.608): Measurement will be based upon units of lineal feet of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. 5. 6 Inch Gate Valve and Box (2504.602): Measurement will be based on each gate valve and box installed. Payment at the Bid Unit Price shall include furnishing and installing the gate valve and box complete in place as specified. 6. 8 Inch Gate Valve and Box (2504.602): Measurement will be based on each gate valve and box installed. Payment at the Bid Unit Price shall include furnishing and installing the gate valve and box complete in place as specified. 7. 12 Inch Butterfly Valve and Box (2504.602): Measurement will be based on each butterfly valve and box installed. Payment at the Bid Unit Price shall include furnishing and installing the butterfly valve and box complete in place as specified. 8. 16 Inch Butterfly Valve and Box (2504.602): Measurement will be based on each butterfly valve and box installed. Payment at the Bid Unit Price shall include furnishing and installing the butterfly valve and box complete in place as specified. 000034 - 08209 -0 C'� 2009 Bonestroo 02510 -13 WATER MAIN 9. Install Hydrant and Valve (2504.602): Measurement will be based on units of each hydrant with a 6 inch gate valve and box installed. Payment at the Bid Unit Price shall include furnishing and installing the hydrant and gate valve and box complete in place as specified. 10. Ductile Iron Fittings (2504.608): Measurement shall be based on the fitting access weight installed. The fitting access weight shall be construed to mean equivalent cast iron weight. Payment at the Bid Unit Price shall include DIP Fitting, poly encasement, coatings, and hardware. 11. Joint Restraint: No Bid Item has been provided. Joint restraint shall be considered incidental to water main installation with no direct payment made. 12. Connect to Existing Water Main (2504.602): Measurement shall be based on each connection made, including but not limited to: cutting of existing pipe, fittings, sleeve, etc. Payment at the Bid Unit Price shall include all items required to complete the Work. 13. Water Main Offset: Shall be considered incidental to water main installation with no direct payment made. 14. Water Main Overdepth: Shall be considered incidental to water main installation with no direct payment made. 15. Temporary Water Service (2504.601): No measurement shall be made. Payment shall be by Lump Sum. Payment shall include the water main pipe, fittings, service lines, staging, ramping, removal, and any other work involved with providing Temporary Water Service. 16. 2 Inch Insulation (2503.604): Measurement will be based on square yards of Insulation at the specified thickness. Payment shall be made at the Bid Unit Price and will include furnishing and installation of the insulation. 17. Adjust Hydrant (2504.602): Measurement will be per each hydrant adjusted by use of a hydrant barrel extension. Only hydrants installed new as part of this Contract will be adjusted as needed. Existing hydrants will not be adjusted under this Bid Item. B. No Bid Items have been provided for steel rodding. Steel rodding shall be considered incidental to water main installation with no direct payment made. C. No Bid Items have been provided for testing. Testing shall be considered incidental to water main installation with no direct payment made. 000034 - 08209 -0 Chi 2009 Bonestroo 02510 -14 WATER MAIN D. No direct payment shall be made for the removal of existing gate valves and valve manholes. Removal and disposal of existing valves will be considered incidental to the removal of the existing water main. In the event that a valve exists in a section of pipe to be abandoned, the top section (3 feet) of the box is to be removed and the box filled with granular material. This will be considered incidental to the water main work. E. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 U 2009 Bonestroo 02510 -15 WATER MAIN This Page Left Blank Intentionally SECTION 02515 WATER SERVICES PART 1 GENERAL 1.01 SECTION INCLUDES A. Construction of water service pipe, corporation stops, curb stops and boxes, and all appurtenances. 1.02 RELATED SECTIONS A. Section 02320 — Trench Excavation and Backfill. B. Section 02510 — Water Main. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. B88 - Class K Copper Water Service Pipe. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 0 13 30: 1. Pipe and fittings. 2. Corporation stop and curb boxes. 1.05 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. B. Perform testing of new water main prior to reconnecting existing services. C. Notify the Owner a minimum of 72 hours prior to performing Work. Engineer will coordinate with the Contractor and residents the timing of house access to disconnect and reconnect temporary and permanent water service. 000034 - 08209 -0 2009 Bonestroo 02515 -1 WATER SERVICES PART 2 PRODUCTS 2.01 SERVICE PIPE A. Copper Water Tube: 3/4 inch through 2 inches for buried service shall be seamless, Type K water tube conforming to ASTM B88. Service tubing larger than 1 inch shall be rigid Type K and joined using soldered joints: 1. Fittings shall be designed for working pressures up to 150 psi. Fittings used in service lines shall be designed for connection to the service line by threads, brazing, compression, and /or flaring. B. Ductile Iron Pipe (DIP): Conform to Section 02510. 2.02 CORPORATION STOP A. Approved Manufacturers: Mueller Minneapolis Pattern H- 15000, Ford Type F600, or A.Y. McDonald No. 4701. B. Threaded on outlet for flared connection with copper service pipe. C. Threaded on inlet end with standard tapered corporation cock thread. A. Approved Manufacturers: 1. Mueller Minneapolis Pattern H- 15154. 2. A.Y. McDonald No. 4717. B. Proper connection size and type for inlet and outlet. C. Full opening through the valve body with no smaller restriction allowed. 1� ' C C• A. Conforming to 2.03.A. B. Adjustable in height from 78 inches to 90 inches. C. No stationary rods. D. 2 -inch upper section. E. Mueller improved extension type with arch pattern base. 000034 - 08209 -0 0 2009 Bonestroo 02515 -2 WATER SERVICES PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 02320. C. New services shall be connected at the locations shown on the Drawings or if not shown as directed by the Engineer. D. Water Service Line: 1. Where subsurface conditions permit, install new water service pipe by boring, pushing, pulling, jacking, or other trenchless construction methods as approved by the Engineer. 2. Terminate water service as shown on Drawings or as directed by the Engineer. E. Corporation Stop: 1. Tap into main only when water main is under pressure. 2. Use 2 layers of pipe tread sealant tape on corporations as a thread lubricant and sealant, or product approved by Owner. 3. Support corporation with 1/2 cubic yard 3/4 -inch stabilization rock. F. Curb Box: 1. Support on full size pre -cast segmental manhole block. 2. Place in a plumb, vertical position. 3. Install to elevation matching finished grade. G. Reconnect Existing Service: 1. Disconnect existing service from existing water main. 2. Remove existing curb stop and box and excess existing service pipe. 3. Reconnect existing service to new curb box. H. All trenches shall be backfilled and compacted in accordance to Section 02320. 000034 - 08209 -0 G 2009 Bonestroo 02515 -3 WATER SERVICES 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Pressure Testing: All water services will be pressure tested in conjunction with the water main, conforming to Section 02510. 3.03 PROTECTION A. Mark Each Curb Box: 1. Raise each curb stop to existing grade and mark with a lath or stake so the Engineer can tie out the location. 3.04 MEASUREMENT AND PAYMENT A. 1 Inch Type K Copper Pipe (2504.603): Measurement by linear foot of pipe measured along the axis of the pipe, from centerline of the water main to the new curb stop. Payment at the Bid Unit Price per foot shall include cost of all pipe, fittings, laying, excavation, backfilling, and testing: 1. Placement and compaction of the aggregate material around the corporation stop and gooseneck is incidental to the service line. 2. Supplying and installing wooden markers or fence a post is incidental to the service line. B. 1 Inch Corporation Stop (2504.602): By physical count of each type installed. C. 1 Inch Curb Stop and Box (2504.602): By physical count of each type installed. D. Material, placement, compaction, and removal of excess trench material to be included in the Bid Unit Price for Water Service Line. E. Reconnect Water Service (2504.602): Measurement shall be based on each service disconnected from the main, including the removal and disposal of the existing service pipe, curb stop and box, and connection of the existing service from the house to the new curb stop. Payment at the Bid Unit Price shall include all items required to complete the Work. F. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 G 2009 Bonestroo 02515 -4 WATER SERVICES SECTION 02530 SANITARY SEWER PIPE PART 1 GENERAL 1.01 SECTION INCLUDES A. Sanitary sewer gravity pipe, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02225 - Removals. B. Section 02320 - Trench Excavation and Backfill. C. Section 02531 - Sewage Forcemains. D. Section 02533 - Sanitary Sewer Testing and Inspection. E. Section 02535 — Sanitary Sewer Services. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 4. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 5. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Water Works Association (AWWA): 1. C 111 - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 000034 - 08209 -0 © 2009 Bonestroo 02530 -1 SANITARY SEWER PIPE 2. C116 - American National Standard for Protective Fusion - Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings for Water Supply Service. 3. C 151 - American National Standard for Ductile -Iron Pipe, Centrifugally Cast, for Water. 4. C153 - American National Standard for Ductile -Iron Compact Fittings for Water Service. 1.04 SITE CONDITIONS A. Sanitary sewer lines are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01330: 1. Pipe and fittings. 2. Transition couplings. 1.06 SEQUENCING AND SCHEDULING A. Do not pursue Work causing shut off of utility services (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut -off schedule. B. Verify vertical and horizontal location of sanitary sewers sufficiently in advance of installing new pipe to determine the extent of conflict, if any. C. Successfully complete required inspections and testing before restoration of surface. PART 2 PRODUCTS 2.01 SOLID WALL PVC PIPE A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 Inches Through 15 Inches Diameter): 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 000034 - 08209 -0 0 2009 Bonestroo 02530 -2 SANITARY SEWER PIPE 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26 or 35 as shown on the Drawings. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Marking: Conform to ASTM D3034. 2.02 DUCTILE IRON PIPE (DIP) AND FITTINGS A. General Requirement: Pipe to conform to AWWA C 151 /A21.51. B. Pipe Class: As shown on Drawings. C. Fittings: AWWA C153/A21.53, Ductile Iron, 250 psi working pressure, AWWA C111 /A21.11 latest revision, mechanical joint or push -on: 1. All fittings shall be fusion bonded epoxy coated per ANSFAWWA CI 16/A21. D. Pipe and Fitting Lining: Protecto 4019 Ceramic Epoxy (Ceramic Quartz Filled Amine Cured Novalac Epoxy), or approved equal. E. Marking: Conform to AWWA C151/A21.51. 2.03 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. 2.04 DIP ENCASEMENT A. Material: Polyethylene film conforming to AWWA C 105/A21.5 and ASTM A674, tube form. B. Color: Black. C. Film Marking Requirements: Conform to AWWA C105/A21.5 and ASTM A674, including AWWA/ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 000034 - 08209 -0 C 2009 Bonestroo 02530 -3 SANITARY SEWER PIPE 2.05 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ring conforming to ASTM C1173, Type A. B. Separate bushings are not allowed without approval from the Engineer. PART 3 EXECUTION A. Excavation and Preparation of Trench: Conform to Section 02320. B. By -Pass Pumping: Contractor shall be responsible for all items required to maintain sewer flows during construction of the new sanitary sewer line. All Work and costs for this are considered incidental to the Project, unless otherwise specified. C. Erosion control and dewatering in conformance with Section 01570. 3.02 PIPE INSTALLATION A. Trench Excavation and Backfill: Conform to Section 02320. B. Install pipe to the alignment, grade, and location as shown on the Drawings and/or staked in the field. No deviation from the Drawings and/or staked alignment, grade, or location is allowed. Tolerances measured along pipe centerlines or invert as follows: 1. Horizontal: Within 0.50 feet of alignment shown. 2. Vertical: Zero plus and 0.08 feet minus elevation shown with no intermediate high points, level sections, or reverse invert slope. 3. Joint Deflection: No more than 75 percent of the maximum allowable, as recommended by manufacturers of pipe and joint material. C. Maintain reference line and grade with laser equipment or other equipment approved by the Engineer. Periodically check equipment for adjustment and accuracy. Correct deficiencies in equipment, reference line, and reference grade. Take precautions to prevent deflections in reference line and grade. D. Non - Conforming Pipe Installation: Remove and reinstall. E. Inspect pipe for defects and cracks while suspended immediately prior to installation. 000034 - 08209 -0 G 2009 Bonestroo 02530 -4 SANITARY SEWER PIPE F. Install pipe from lower to higher invert elevation with uniform and smooth invert line. G. Install pipe length spigot ends pointing in the direction of flow. H. No pipe is to be laid in water or when trench conditions are unsuitable for such Work. I. Jointing: 1. In conformance with recommendations of manufacturers of pipe and joint material. 2. All joints must be watertight. 3. Hand fill and compact all bell depressions with granular bedding materials to prevent joints from sagging or movement. J. Cleaning and Protection: 1. Remove all dirt and debris from the interior of each pipe length as the Work progresses. 2. Protect the exposed end of the pipe with temporary covers or plugs. 3. Protect in place pipe from damage and dislocation. K. Sanitary Sewer Service Connections: 1. Wye: a. Wye to be at 45 degree angle from horizontal. Minor deviations may be required to match elevation of the existing service pipe. b. All existing wye sections included in pipe removal and replacement areas shall be replaced. No reinstallation will be allowed. 2. Risers: Conform to Section 02335. L. Installation of Insulation: 1. Insulation over pipe in locations as directed by Engineer. 2. Insulation is to be placed wherever sanitary sewer line comes within 3 feet of any storm structure or line, or within 5 feet of the ground surface. 000034 - 08209 -0 Q0 2009 Bonestroo 02530 -5 SANITARY SEWER PIPE 3.03 CONNECT TO EXISTING SYSTEM A. Connect to Existing Manhole: 1. Connect to existing structure at location shown on the Drawings. 2. If rubber boot exists at manhole opening, connect new pipe to the boot and secure. 3. If manhole opening does not contain rubber boot or the existing boot is damaged, core drill opening in the structure, and install a rubber boot in manhole opening prior to connection of pipe. 4. Make repairs to the structure required due to the Work performed including installation of doghouse. 5. If necessary, the invert shall be reconstructed to accommodate new flow location. Reconstruction of invert will also be necessary if pipe sizes increase. B. Connect to Existing VCP: 1. Expose existing sanitary sewer main at location as staked by Engineer. 2. Saw cut existing main to provide a straight joint at connection. 3. Connect new pipe to existing pipe with a transition coupling: 3.04 FIELD QUALITY CONTROL A. Testing in conformance with requirements of Section 02533. B. Re -test after corrective measures are completed. C. Cleanup: 1. Cleaning Pipe and Structures: a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and /or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 000034- 08209 -0 CO 2009 Bonestroo 02530 -6 SANITARY SEWER PIPE 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions, acceptable to the Engineer, for keeping dirt and debris out of the existing sewer system. Jetting may be required. 3. Complete prior to final inspection for acceptance. 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for 12 Inch PVC Sanitary Pipe Sewer — SDR 35 (2503.603): Measurement will be based upon units of lineal feet for furnishing and installing pipe complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from the connection point of the existing pipe or manhole. B. A Bid Item has been provided for 12 Inch Ductile Iron Pipe Sewer CL 52 (2503.603): Measurement will be based upon units of lineal feet for furnishing and installing pipe complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from the connection point of the existing pipe or manhole. C. A Bid Item has been provided for Connect to Existing Sanitary Manhole (2506.602): Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection, including core drilling and reconstructing bench/invert. D. A Bid Item has been provided for Connect to Existing Sanitary Sewer Pipe (2503.602). Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection. E. A Bid Item have been provided for 6 Inch By 12 Inch PVC Wye (2503.602). Measurement will be based on units of each for each wye or tee branch of each diameter and classification furnished and installed complete in place. F. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 0 2009 Bonestroo 02530 -7 SANITARY SEWER PIPE This Page Deft Blank Intentionally SECTION 02531 SEWAGE FORCEMAINS PART 1 GENERAL 1.01 SECTION INCLUDES A. Pressure Sewer Lines. 1.02 RELATED SECTIONS A. Section 02320 - Trench Excavation and Backfill. B. Section 02530 - Sanitary Sewer Pipe. 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. D16 - Terminology Relating to Paint, Varnish, Lacquer, and Related Products. 2. D1248 - Polyethylene Plastics Extrusion Materials for Wire and Cable. B. American Water Works Association (AWWA): 1. C 104 - Cement -Mortar Lining for Ductile Iron Pipe and Fittings for Water. 2. C105 - Polyethylene Encasement for Ductile Iron Piping for Water and Other Liquids. 3. C110 - Standard for Ductile Iron and Gray Iron Fittings, 3 Inches through 48 Inches. 4. C 111 - Rubber - Gasketed Joints for Ductile Iron Pressure Pipe and Fittings. 5. C151 - Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand - Lined Molds for Water or Other Liquids. 6. C153 - Standard for Ductile Iron Compact Fittings, 3 Inches through 12 Inches, for Water and Other Liquids. 000034 - 08209 -0 0 2009 Bonestroo 02531 -1 SEWAGE FORCEMAINS 1.04 SUBMITTALS A. Submit the following items consistent with Section 01330: 1. Product Data and Certificates of Compliance for each diameter of pipe and fittings to be installed. 2. Manufacturer's recommendations for installation of pipe. PART 2 PRODUCTS 2.01 DUCTILE IRON PIPE A. General Requirement: AWWA C151: 1. Joints: Mechanical or push -on conforming to AWWA C111. 2. Lining: 40 mils nominal thickness. Joint components shall be coated. Thickness on sealing areas in the bell socket interior and on the spigot end of the pipe exterior shall be 6 mils nominal: a. Virgin Polyethylene: Conform to ASTM D1248, compounded with an inert filler and with sufficient carbon black to resist ultraviolet rays during storage of the pipe and fittings. The polyethylene shall be bonded to the interior of the pipe or fitting by heat. b. Polyurethane Coating System: 100 - percent solids polyisocyanate resin and polyol resing mixed in 1:1 ratio at the time of application by an ASTM D 16, Type V system. It must be applicable at surface temperatures ranging from 40 degrees F to 150 degrees F. 3. Pipe Class: As shown on Drawings. 4. Marking: Each pipe shall be identified with the manufacturer or trade name or trademark and code, country where cast, nominal pipe size, year in which the pipe was produced, and "DI" or "Ductile." 5. Fittings: a. Consistent with AWWA C110 cast iron or AWWA C153 ductile iron. b. Working Pressure: 250 psi. 000034 - 08209 -0 G 2009 Bonestroo 02531 -2 SEWAGE FORCEMAINS 6. Polyethylene Encasement: a. Design: Consistent with AWWA C105. b. Film: In tube form. C. Film Thickness: 8 mils minimum. d. Incidental to ductile iron pipe installations. 7. Pipe Restraint: a. Mechanical Joint Restraint: 1) All pipe restraints shall be ductile iron. All joint restraints shall have a minimum of 150 -psi pressure rating. 2) Minimum Working Pressure: 150 psi. 3) For DIP: EBAA Iron, Inc., Mega -lug Series for D.I. pipe only and Uni- Flange Series 1400 for D.I. pipe. Mega -lug and retainer glands are not allowed on existing cast iron pipe. 4) For PVC: EBAA Iron Series 1500 and 2500 bell restraints for C -900 PVC pipe and Uni -flange Series 1500 Circle - Lock. PART 3 EXECUTION A. Pipe and Fittings: 1. Inspect before buried pipe or fitting is lowered into the trench. 2. Clean ends of pipe thoroughly, remove foreign matter and dirt from inside of pipe. 3.02 LAYING PIPE A. General: 1. Lay pipe and fittings consistent with manufacturer's instructions, and alignment and elevations shown. 000034 - 08209 -0 0 2009 Bonestroo 02531 -3 SEWAGE FORCEMAINS 2. Special Tools and Devices: As required for proper installation. 3. Do not lay pipe in water or when in the opinion of the Engineer trench conditions are unsuitable. 4. Prevent uplift and floating of pipe prior to backfilling. 5. Minimum Pipe Cover: 6 feet, unless otherwise shown. 6. Measure for grade at the pipe invert, not at the top of the pipe. 7. Check for alignment and grade and correct any irregularities found: a. Maximum Deviation: 2 inches from line and 1/4 inch from grade. 8. Prevent foreign material from entering pipe at all times during placement. 9. Do not vary actual horizontal position of the pipe centerline on alignment around curves by more than 1.75 feet from position shown. 10. Close and block the open end of the last laid section of pipe at all times when laying operations are not in progress, at the close of the day's work, or when the workers are absent from the job to prevent entry of foreign material or creep of the gasketed joints. B. Ductile Iron Pipe: 1. Use pipe joint lubricant per manufacturer's recommendations; no substitutions are permitted. 2. Dig bell holes of ample dimensions at joint locations in the bottom and sides of the trench as required to permit visual inspection of the entire joint. 3. Lay pipe with bell ends facing in the upstream direction. 4. After a section of pipe has been lowered into the prepared trench, clean the end of the pipe to be joined, the inside of the joint, and the gasket immediately prior to joining the pipe. 5. Check the gasket position feeler gauge supplied by the pipe manufacturer to assure proper seating: a. Feeler Gauge: Of proper size, type, and shape for use during installation for each type of pipe furnished. 000034 - 08209 -0 0 2009 Bonestroo 02531 -4 SEWAGE FORCEMAINS 6. After the joint has been made as specified under paragraph "JOINING PIPE," check the pipe for alignment and grade. 7. Joint Deflection: a. Deflect pipe at joints for pipelines laid on a curve using unsymmetrical closure of the spigot into bell. b. Maximum Deflection: 50 percent of maximum deflection permitted by pipe manufacturer. C. Use 1 of the following methods if joint deflection of standard pipe lengths will not accommodate horizontal or vertical curves in alignment: 1) Shorter pipe lengths. 2) Special mitered joints. 3) Standard or special fabricated bends. d. Install thrust blocking if special mitered joints or bends are used. 8. Place sufficient pipe zone material to secure the pipe from movement before the next joint is made. 9. Joining Pipe: a. Bell- and - Spigot with Rubber Gasket Joints (Push -On Joints): Assemble in accordance with the manufacturer's instructions and the following: 1) As next section of pipe is being readied for laying, clean bell of previously laid pipe of foreign material and apply thin film of specified lubricant to entire surface of bell ring. 2) At same time, lubricate gasket and install in spigot groove. 3) Ensure gasket tension is uniform around groove before placing pipe in trench. 4) Lower pipe section into trench until approximately in line with previously laid pipe section and spigot is centered in bell. 000034 - 08209 -0 0 2009 Bonestroo 02531 -5 SEWAGE FORCEMAINS 5) Then force pipe "home" as defined in manufacturer's installation instructions and secure to proper alignment and grade with specified pipe zone material. 3.03 THRUST RESTRAINT A. Location: 1. At pipeline tees, bends, and other locations where unbalanced forces exist. 2. Thrust blocks are required whether or not shown. B. Thrust Blocking: 1. Verify allowable soil pressure; do not exceed 1,000 pounds per square foot. 2. Place between undisturbed ground and fitting to be anchored. 3. Quantity of Concrete: Sufficient to cover area of bearing on pipe as shown or as approved. 4. Place blocking so that pipe joints will be accessible for repairs, unless otherwise approved. 3.04 TRENCH EXCAVATION AND BACKFILL A. Conform to the requirements of Section 02320. 3.05 TRANSITION TO DISSIMILAR PIPE A. Install consistent with the manufacturer's written instructions. 3.06 MARKING TAPES A. Install in accordance with Section 02320. 3.07 CORROSION PROTECTION A. General: 1. Piping Accessories: Provide corrosion protection for ferrous metal piping appurtenances: a. Tie -Rods and Similar Items: Heat shrink tube wrapped. 000034 - 08209 -0 0 2009 Bonestroo 02531 -6 SEWAGE FORCEMAINS b. Flexible Couplings Grooved Couplings and Similar Items: Heat shrink wrapped, or cement - coated, and as shown on the Drawings. C. Exposed Nuts and Bolts: Bituminous paint- coated. 3.08 FIELD QUALITY CONTROL A. Engineer will observe all tests and visually inspect the Work for compliance. B. Leak test of forcemains required by hydrostatic pressure testing of 150 lbs. per square inch. The test must be conducted under the observation of the Engineer. A drop in pressure over a 2 -hour test period exceeding 3 pounds shall be cause for rejection of the pipe. All leaks shall be corrected and the test repeated until the pressure drop is within the 3 pounds limit. Introduction of sealant substances by means of the test water will not be permitted. All repair and replacement work shall be at the Contractor's expense. C. Continuity Test: 1. Applies to all pipe pressure sewer. 2. Energize location wire to show continuity from structure to structure. 3.09 CLEANING A. Following assembly and testing, and final acceptance, flush pipelines with water to remove accumulated construction debris and other foreign matter. B. Flush until all foreign matter is removed from the pipeline. C. Provide hoses, temporary pipes, ditches, and other items as required to properly dispose of flushing water without damage to adjacent properties. D. Minimum Flushing Velocity: 2.5 fps. E. For large diameter pipe where it is impractical to flush the pipe at 2.5 -fps velocity, clean the pipeline in place from the inside by brushing and sweeping, then flush the line at a lower velocity. F. Insert cone strainers in the flushing connections to attached equipment and leave in place until cleaning has been accomplished. G. Remove accumulated debris through drains 2 inches and larger, or by removing spools and valves from piping. 000034 - 08209 -0 Cc` 2009 Bonestroo 02531 -7 SEWAGE FORCEMAINS 3. 10 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for 4 Inch Ductile Iron Pipe Sewer CL 52 (2503.603): Measurement will be by lineal feet along the centerline of pipe from center of structure to center of structure or from center of MH to end of pipe. Payment will constitute compensation in full for all Work and cost to furnish and install pipe, excavation, backfill and compaction, pipe encasement, testing, and surface restoration. B. A Bid Item has been provided for Fittings. Measurement will be per pound installed based on ductile iron fittings, excluding both mechanical joint, restraining sleeves, and all joint accessories. C. All other Work and costs of this Section shall be incidental to the Project included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 0 2009 Bonestroo 02531 -8 SEWAGE FORCEMAINS SECTION 02533 SANITARY SEWER TESTING AND INSPECTION PART 1 GENERAL 1.01 SECTION INCLUDES A. Testing of sanitary sewer pipe, manholes, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02530 - Sanitary Sewer Pipe. B. Section 02531 - Sewage Forcemains. C. Section 02535 - Sanitary Sewer Services. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. C924 - Standard Practice for Testing Concrete Pipe Sewer Line by Low - Pressure Air Test Method. 2. C969 - Standard Practice for Infiltration and Exfiltration Testing of Installed Precast Concrete Pipe Sewer Lines. 3. C 1103 - Standard Practice for Joint Acceptance Testing of Installed Precast Concrete Pipe Sewer Line. 4. C1244 - Standard Test Method for Concrete Sewer Manholes by Negative Air Pressure. 5. F 1417 - Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines using Low - Pressure Air. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01330: 1. Proposed field testing methods. 2. Results of field testing 000034 - 08209 -0 SANITARY SEWER TESTING v 2009 Bonestroo 02533 -1 AND INSPECTION 3. 2 copies on DVD format of sewer televising and 2 copies of the written report on conditions. Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Commence test procedures only when pipe and structures are clean and free of dirt, water, or other foreign matter, and for buried pipe, trench has been backfilled. 3.02 FIELD QUALITY CONTROL A. Engineer will observe all tests and visually inspect the Work for compliance. B. Contractor shall provide all material, equipment, and labor required to test the sanitary sewer systems. C. Forcemain Tests and Inspection: 1. Hydrostatic Pressure Test: a. Minimum Test Pressure: 150 psi. b. Test Duration: 2 hours. C. Criteria: No drop in pressure allowed. d. Testing gauge shall be liquid filled, 4 -112 inches diameter, labeled in 1 -psi increments, such as Ashcroft Model 1082, or approved equal. e. All lines shall be tested. D. Gravity Pipe Leak Testing: 1. General: a. Test all systems (pipe and structures) for leakage before being put in service. Notify Engineer of the date and time for each test 1 day prior to actual testing. Test in section length increments deemed necessary by the Engineer. 000034 - 08209 -0 SANITARY SEWER TESTING (D 2009 Bonestroo 02533 -2 AND INSPECTION b. Test each section by 1 of the following methods. C. Individual segments MH to MH pipe runs must be tested and accepted by the Engineer prior to starting construction of the next pipe run. 2. Low Pressure Air Test: a. Diameter: Less than or equal to 24 inches. b. Must meet criteria set forth in ASTM F1417. C. Groundwater level shall be no higher than 2 feet above the top ofpipe at upstream end. d. Acceptable time for loss of 0.5 psig of air pressure shall be the larger of the 2 times below: Pipe Size Min. Time (Min's) Time (s /ft of pipe) 8 3:50 0.760 10 4:40 1.187 12 5:40 1.709 15 7:05 2.671 18 8:30 3.846 21 9:55 5.235 24 11:20 6.837 e. Requirement waved for reconstruction projects where reconnection of active sewer services prevents testing. 3. Pipe Joint Acceptance Testing: a. Diameter: 36 inches or larger. b. Must meet criteria set forth in ASTM C 1103, or as modified by pipe manufacturer. C. Must observe confined space procedures. 4. Infiltration and Exfiltration Acceptance Testing: a. Diameter: 36 inches or larger. b. Must meet criteria set forth in ASTM C969. 000034 - 08209 -0 SANITARY SEWER TESTING C` 2009 Bonestroo 02533 -3 AND INSPECTION C. If this method is to be used for testing manholes, test must be performed prior to welding sheet liner (if applicable). E. Gravity Pipe Deflection Testing: Required for all flexible pipe (FRP, PVC, and HDPE). 2. Deflection Testing Methods: a. Pipe Diameters Through 24 Inches: Pull mandrel through the pipe by hand (without aid of mechanical pulling devices). b. Pipe Diameters Greater Than 24 Inches Through 36 Inches: Deflections shall be determined by use of a mandrel or a method submitted to and approved by the Engineer. If mandrel is used it shall be pulled through the pipe by hand (without aid of mechanical pulling devices). C. Pipe Diameters Greater Than 36 Inches: Deflection measurements shall be determined using a mandrel, rigid bar, a circular rigid template, or by a method approved by the Engineer. If mandrel is used it shall be pulled through the pipe by hand (without aid of mechanical pulling devices). 3. Deflection testing shall be conducted at least 30 days after the pipe has been backfilled to the desired finish grade on all direct bury flexible pipe. 4. 5- percent deflection allowance. 5. Mandrel Diameter Requirements: a. Diameter equal to 95 percent of the base inside diameter noted in Appendix XI of ASTM C3034 for PSM PVC pipe (SDR pipe) and calculated from Appendix X2 of ASTM F679 for PS 46 or 115 pipe. b. For all other pipe, the minimum diameter shall be equal to 95 percent of the Average Internal Diameter of the pipe as specified below: 1) Average Internal Diameter = (Average Outside Diameter) minus [2 by 1.06 by (Minimum Pipe Wall Thickness)]. 2) The Average Outside Diameter will be based on applicable ASTM or AWWA Standard. 000034 - 08209 -0 SANITARY SEWER TESTING 0 2009 Bonestroo 02533 -4 AND INSPECTION 3) No adjustments to the Average Internal Diameter will be allowed for out -of- roundness, diameter variation, or thickness variation due to manufacture, shipping, and handling. C. Mandrel shall be constructed of rigid steel, be non - adjustable, and have an odd number of legs (9 legs minimum). Its effective length shall not be less than its nominal diameter. 6. Deflection Template/Bar Requirements: a. The circular template diameter (or rigid bar length) shall be equal to the mandrel diameter requirements as determined above. b. Circular templates shall be constructed of rigid materials and be non - adjustable. C. Rigid bars shall have a 1 inch diameter circular section, be constructed of steel, and be non - adjustable. 3.03 REQUIREMENTS FOR TEST FAILURES A. Pressure or Leak Test Failure: Repair piping as necessary to conform to product requirements. 2. All repair work shall be subject to approval by the Engineer. 3. Chemical type sealants added to the test water will not be permitted. 4. The Engineer may require removal and replacement of pipe in failed test sections. 5. The cost of replacement, repair, and re- testing of failed pipe sections shall be borne by the Contractor. B. Deflection Test Failure: 1. Unless otherwise permitted by the Engineer, any over deflected pipe shall be uncovered, and if not damaged, reinstalled. Damaged pipe shall not be reinstalled, but shall be removed from the Site. 3.04 SANITARY SEWER CLOSED CIRCUIT TELEVISION INSPECTION A. Televising shall be performed on all newly constructed gravity sanitary sewer lines after successful leak testing has been completed and accepted. 000034 - 08209 -0 SANITARY SEWER TESTING © 2009 Bonestroo 02533 -5 AND INSPECTION B. Format — The video will be submitted in a DVD format with both audio and video. C. Camera — The camera will be self propelled and will have the ability to tilt up and down and pan left to right. Camera must provide color images. D. Line Requirements: 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. Small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH - #, line size, and a 0 reading on the counter at center of the starting manhole. 4. Each service wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), wye location on either the left or right side of the pipe and any problems they notice while televising the sewer lines. 3.05 MEASUREMENT AND PAYMENT A. No Bid Items have been provided for testing. Testing shall be considered incidental to the sanitary sewer installation with no direct payment made. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209-0 SANITARY SEWER TESTING O 2009 Bonestroo 02533 -6 AND INSPECTION SECTION 02535 SANITARY SEWER SERVICES PART 1 GENERAL 1.01 SECTION INCLUDES A. Sanitary sewer service pipe replacement and all appurtenances. 1.02 RELATED SECTIONS A. Section 02320 - Trench Excavation and Backfill. B. Section 02530 - Sanitary Sewer Pipe. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. C 1173 - Specifications for Flexible Transition Couplings for Underground Piping Systems. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D1785 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. 4. D2564 - Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems. 5. D2665 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent (DWV) Pipe and Fittings. 6. D2672 - Specification for Joints for IPS PVC Pipe Using Solvent Cement. 7. D2855 - Standard Practice for Making Solvent - Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 8. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 9. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 000034 - 08209 -0 © 2009 Bonestroo 02535 -1 SANITARY SEWER SERVICES 10. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 1.04 SYSTEM DESCRIPTION A. This Work shall consist of the construction of sanitary sewer services in accordance with the requirements of the Contract. B. It is the intent of these Specifications to require the same quality of Work be received on the house services in the way of grade and alignment, and shall be required on the main lines and laterals. 1.05 SUBMITTALS A. Submit the following items consistent with Section 01330: 1. Product data for the following items: a. Pipe and fittings. b. Transition couplings. B. Services: Location of wye from downstream manhole, length of service lines, and depth. 1.06 SITE CONDITIONS A. All Work must be confined to within the limits of construction easements or public right -of -way. B. Verify sanitary sewer service locations prior to the start of any construction. 1.07 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 MANUFACTURED UNITS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings: 000034 - 08209 -0 © 2009 Bonestroo 02535 -2 SANITARY SEWER SERVICES 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. A. See Section 02320. 2.03 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ring conforming to ASTM C 1173, Type A. B. Separate bushings are not allowed without approval from the Engineer. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances which may apply. B. Risers: Support attachment to sewer main wye as shown on Drawings. C. Minimum 1/4 inch per foot (2 percent) grade, unless otherwise directed by the Engineer. D. Installation: Similar to main line sanitary sewer pipe installation, conforming to the requirements of Section 02530. E. The installation of solvent cemented joints shall be in accordance with ASTM D2855. F. Reconnect Existing Service: 1. Saw cut existing sewer service at connection point and remove existing pipe. 2. Engineer must inspect the service pipe condition prior to connection. 000034 - 08209 -0 © 2009 Bonestroo 02535 -3 SANITARY SEWER SERVICES 3. Connect new pipe to existing pipe with a transition coupling. G. Record Actual Depth and Station at End of Service: 1. Exercise care in determining the depth. 2. The depth recording is incorporated into the "Record Drawings." 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. 3.03 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Reconnect Sanitary Sewer Service (2503.602): Measurement will be by each service repaired regardless of pipe length, size, material, transition coupling connections, and intervening fittings installed. Payment at the Bid Unit Price shall be compensation in full for all Work and costs, including excavation, pipe, bedding, backfill, and trench compaction. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 © 2009 Bonestroo 02535 -4 SANITARY SEWER SERVICES SECTION 02630 STORM DRAINAGE PART 1 GENERAL 1.01 SECTION INCLUDES A. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Structures. B. Section 02315 - Excavation and Fill. C. Section 02320 - Trench Excavation and Backfill. D. Section 02635 - Subsurface Drainage. E. Section 02720 - Aggregate Base Course. F. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Castings. 2. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 3. C 150 - Specification for Portland Cement. 4. C206 - Specification for Finishing Hydrated Lime. 5. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 6. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 7. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 000034 - 08209 -0 2009 Bonestroo 02630 -1 STORM DRAINAGE 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work - causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut -off schedule. B. Successfully complete required inspections and tests before commencement of Section 02720 and Section 02770. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 01330. B. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. 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. 000034 - 08209 -0 © 2009 Bonestroo 02630 -2 STORM DRAINAGE B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawing. Covers without grate openings shall be stamped "STORM SEWER." D Covers with 2 concealed pick holes of approved design. E. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES AND CATCH BASINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. D. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings: 1. General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. O -ring gaskets shall be synthetic rubber, circular reinforcing in cross - section, and shall conform to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: As shown on the Drawings. 5. Marking: Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of plant, date of manufacture, and the pipe class and specification design. PART 3 EXECUTION .. .... Wa A. Trench Excavation and Backfill shall conform to Section 02320. B. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All Work and costs for by -pass pumping is considered incidental to the Project, unless otherwise specified. 000034 - 08209 -0 CU 2009 Bonestroo 02630 -3 STORM DRAINAGE 3.02 INSTALLATION A. Connect into Existing Structure: 1. Connect to existing structure at location shown on the Drawings. 2. Core the hole in the structure and saw cut the pipe flush with the inside wall of the structure. 3. Bulkhead void between outside wall of pipe and edge of opening with mortar and brick. 4. Reconstruct manhole bench/invert. B. Connect Existing Pipe to Storm Structure: 1. Connect to existing pipe at locations shown on the Drawings. 2. Take care not to damage existing pipe. Any segment of pipe damaged by Contractor shall be replaced with new materials at no expense to the Project. 3. Utilize standard bell and spigot joint with rubber o -ring gasket if possible. 4. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be minimum 1.2 inches thick in all locations and shall extend a minimum of 12 inches each way of the joint. C. Pipe Installation: 1. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings and /or staked in the field. No deviation from the Drawing and/or staked alignment, grade, or location is allowed, unless approved by Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 2. General Pipe Installation Procedures: a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. 000034 - 08209 -0 2009 Bonestroo 02630 -4 STORM DRAINAGE 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut -ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly relaid as directed by the Engineer. 8. Where a sewer line outlets to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. D. Structures and Appurtenances Installation: 1. Furnish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 4. Preformed inverts not allowed where pipe grades are 2 percent or greater, unless design grade is built through the manhole. 5. All concrete pipes entering manholes must be cut with a concrete saw. 6. Steps: a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 7. Position vertical wall of the eccentric cone on the downstream side. 8. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 000034 - 08209 -0 © 2009 Bonestroo 02630 -5 STORM DRAINAGE 9. Lift holes neatly mortared up. 10. Install Adjustment Rings and Adjust Casting: Conforming to Section 02280. E. Bulkhead Pipe: 1. Bulkhead pipe at locations shown on Drawings with brick, non - shrink concrete grout, or concrete block masonry 8 inches thick. 2. Precast concrete plugs may be used in lieu of bulkhead. Plug must fit snugly into pipe opening and be watertight. 3.03 FIELD QUALITY CONTROL A. Scope: 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. Cleaning: 1. Consists of Cleaning the Pipe and Structures: a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 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. 000034 - 08209 -0 C 2009 Bonestroo 02630 -6 STORM DRAINAGE b. Test waived if no visible infiltration is observed during the lmping inspection. C. Measurement made by means of 90- degree v -notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. e. Maximum Allowable Rate of Leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. Lamping: a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. C. Verify there are no broken or deflective pipe. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 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 01570. 000034 - 08209 -0 U 2009 Bonestroo 02630 -7 STORM DRAINAGE 3.05 MEASUREMENT AND PAYMENT A. A Bid Item have been provided for 12 Inch RC Pipe Sewer Class V (2503.511): Measurement will be based upon units of lineal feet of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: 1. Pipe bedding will be paid in accordance with Section 02320. 2. Improved pipe foundation material, if necessary, shall be per Section 02320. B. A Bid Item have been provided for 24 Inch RC Pipe Sewer Class V (2503.511): Measurement will be based upon units of lineal feet of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: 1. Pipe bedding will be paid in accordance with Section 02320. 2. Improved pipe foundation material, if necessary, shall be per Section 02320. C. A Bid Item have been provided for 30 Inch RC Pipe Sewer Class V (2503.511): Measurement will be based upon units of lineal feet of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: 1. Pipe bedding will be paid in accordance with Section 02320. 2. Improved pipe foundation material, if necessary, shall be per Section 02320. D. Bid Items have been provided for Construct Drainage Structure Special (2506.602): Measurement will be based upon units of each, according to type and size, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. E. Bid Items have not been provided for Structure Overdepth. Structure Overdepth will be considered incidental to the Construct Drainage Structure Special Bid Item. 000034 - 08209 -0 2009 Bonestroo 02630 -8 STORM DRAINAGE F. A Bid Item has been provided for Connect Existing Pipe to Storm Structure (2506.602): Measurement shall be per each connection made, regardless of type of existing pipe or type of connection made. Payment will include all costs related to making the connection, including construction of concrete collar if necessary. G. A Bid Item has been provided for Connect to Existing Manhole or Catch Basin (2506.602): Measurement shall be per each connection made, regardless of size of opening, type of existing bulkhead, or type of existing structure. Saw cutting of the pipe installed in the opening if necessary shall be considered incidental. Core cutting the connection and reconstruction of existing structure invert if necessary shall also be considered incidental to the connection. H. A Bid Item has been provided for Construct Bulkhead (2503.602): Measurement will be per each bulkhead installed. Payment will include all costs related to bulkheading or plugging the pipe as described in this Section. I. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 O 2009 Bonestroo 02630 -9 STORM DRAINAGE This Page Left Blank Intentionally SECTION 02635 SUBSURFACE DRAINAGE 1.01 SECTION INCLUDES A. Storm sewer service and drain tile. 1.02 RELATED SECTIONS A. Section 02320 - Trench Excavation and Backfill. B. Section 02630 - Storm Drainage. 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. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Install water main, storm sewer, and all pipe deeper than the services prior to the installation of the drain tile. 000034 - 08209 -0 © 2009 Bonestroo 02635 -1 SUBSURFACE DRAINAGE PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings: 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3 -1/4 inches by 6 -1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. A. See Section 02320. 2.03 FILTER AGGREGATE MATERIAL A. See Section 02320. 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. 000034 - 08209 -0 C 2009 Bonestroo 02635 -2 SUBSURFACE DRAINAGE C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. L Compaction: Conform to Section 02320. J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. 3.04 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for 4 Inch Perforated PVC Pipe Drain (2502.541): Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings. Payment shall include pipe, geotextile, aggregate, and fittings and connection to structure. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 0 2009 Bonestroo 02635 -3 SUBSURFACE DRAINAGE This Page Left Blank Intentionally SECTION 02720 AGGREGATE BASE COURSE PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements for aggregate base course on a prepared subgrade. 1.02 RELATED SECTIONS A. Section 02318 - Subgrade Preparation. B. Section 02740 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2211 - Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 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). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. 000034 - 08209 -0 Cc` 2009 Bonestroo 02720 -1 AGGREGATE BASE COURSE B. Aggregate Base, Salvaged Reclaim Material: Material generated from reclaiming the existing bituminous pavement with the existing aggregate base. Conform to MnDOT Spec. 3138, Class 5. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 02318. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. C. Reclaim the existing pavement and aggregate base in accordance with Section 02965. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3: 1. Compact by mechanical means to 100- Percent Standard Proctor Density. 2. Install aggregate base in accordance with details on Drawings and as directed by Engineer. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture /density relationships and gradation, and perform field moisture /density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. 000034 - 08209 -0 0 2009 Bonestroo 02720 -2 AGGREGATE BASE COURSE 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Aggregate Base, Class 5 (2211.501): Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer: 1. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. Excess reclaimed material used as aggregate base, Class 5 will be paid under this Bid Item. The measured volume of compacted material salvaged and used will be converted to tons using a factor of 1.80 TN /CY. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 G 2009 Bonestroo 02720 -3 AGGREGATE BASE COURSE This Page Left Blank Intentionally SECTION 02740 PLANT MIXED ASPHALT PAVEMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Hot plant mixed asphalt - aggregate mixtures for wearing and non - wearing pavement courses. B. Bituminous tack coat. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Structures. B. Section 02720 - Aggregate Base Course. C. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. Attached Bonestroo Modified version of MnDOT Specification 2360 Plant Mixed Asphalt Pavement (Combined 2360/2350 (Gyratory /Marshall Design) Specification) - Dated 12- 23 -08. 2. 2357 - Bituminous Tack Coat. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 2360.4F, and Division 1. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.41 and MnDOT's most recent Materials Control Schedule. 000034 - 08209 -0 0 2009 Bonestroo 02740 -1 PLANT MIXED ASPHALT PAVEMENT 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide 48 -hours notice for scheduling and noticing of the residents prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 02280. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. E. Bituminous wear course shall be constructed in 2011 as indicated by the Final Completion Date. ': 1 7, 14 IN '_i• 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT Spec. 2360.1, except as modified in the typical section Detail Drawing and Bid Form: 1. Residential Streets - Low Volume - LVNW35030B. - LVWE45030B. B. Conform to MnDOT Section 2360.2, except as modified herein: 1. Scrap Asphalt Shingles (2360.2A2h) are not allowed in wear and non- wear course pavements. 2. Sewage Sludge Ash (SSA) (2360.2A2j) will not be allowed in either bituminous wear or non -wear course pavements. C. Bituminous Tack Coat: 1. Bituminous Material: Conform to MnDOT Spec. 2357: a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1H. D. Asphalt Binder Material: Conform to MnDOT Spec. 2360.2G and as identified in the Mix Designation. E. Mixture Design: Conform to MnDOT Spec. 2360.3. F. Mixture Quality Management (Quality Control /Quality Assurance): Conform to MnDOT Spec. 2360.4. 000034 - 08209 -0 C 2009 Bonestroo 02740 -2 PLANT MIXED ASPHALT PAVEMENT PART 3 EXECUTION 3.01 GENERAL - CONFORM TO MNDOT SECTION 2360.5 CONSTRUCTION REQUIREMENTS, EXCEPT AS MODIFIED HEREIN A. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). B. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. C. Preparation of Bituminous Non Wear Course: 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjustment of structures as specified in Section 02280. D. Joints: 1. Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.513, except as modified herein: 1. All street surfaces checked and approved by the Engineer prior to paving. 2. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. 3. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. 000034 - 08209 -0 C? 2009 Bonestroo 02740 -3 PLANT MIXED ASPHALT PAVEMENT B. Restrictions: 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: 1. Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: 1. Conform to MnDOT Spec. 2357.3C. E. Application: 1. At a uniform rate conforming to MnDOT Spec. 2357.3131, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.6, except as modified herein: 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.6C — Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 2360.6.13 — Maximum Density Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein: 1. Structure Adjustment — Conform to Section 02280 for tolerances. 000034 - 08209 -0 C 2009 Bonestroo 027404 PLANT MIXED ASPHALT PAVEMENT 3.07 MEASUREMENT AND PAYMENT A. Method of Measurement and Payment shall conform to MnDOT Section 2360.8, except as modified herein. B. A Bid Item has been provided for bituminous material for Tack Coat (2357.502): 1. Measured by volume in gallons at 60 degrees F. 2. Payment for bituminous materials used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. 3. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. 4. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with base course placement is considered incidental to the placement of the base course. C. Bid Items have been provided for different types of bituminous mixtures (2350.501 and 2350.502): 1. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT Combined 2360/2350 (Gyratory /Marshall Design) Specification. 2. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. 3. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 4. The Contractor shall note that all bituminous base course is to be constructed in 2009/2010 and all bituminous wear course is to be constructed in 2011. All costs associated with the required bituminous construction phasing will be considered incidental to the Project. D. Preparation of Bituminous Base: Payment shall be considered incidental to the bituminous wear placement and shall include the following: 1. Final clean up of the bituminous base course with a power pickup broom. 2. Final adjustment of the structures to conform to Section 02280. 000034 - 08209 -0 © 2009 Bonestroo 02740 -5 PLANT MIXED ASPHALT PAVEMENT E. All other areas of pavement patching will be measured and paid under the Bituminous Patching Mixture (2331.609) Bid Item. F. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 © 2009 Bonestroo 02740 -6 PLANT MIXED ASPHALT PAVEMENT BONESTROO MODIFIED (2360) PLANT MIXED ASPHALT PAVEMENT Combined 2360/2350 (Gyratory/Marshall Design) Specification December 23, 2008 This Specification requires the Contractor to provide a mix that complies with all of the design, production, and placement requirements of the specification. The Department does not make any guaranty or warranty, either express or implied, that compliance with one part of this specification guarantees that the Contractor will meet the other aspects of the specification. All Sections titled 2360 also apply to 2350. 2360.1 DESCRIPTION This work consists of the construction of one or more pavement courses of hot plant mixed asphalt - aggregate mixture on the approved prepared foundation, base course or existing surface in accordance with the specifications and in conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or established by the Engineer. Mixture design will be either 2360 or 2350 (gyratory or Marshall) as described in the Special Provisions through the mixture designation. A Mixture Designations Mixture designations for asphalt mixtures contain the following information: (1) The first two letters indicate the mixture design type: SP = Gyratory Mixture Design LV = Marshall Mixture Design - Low Volume, 50 blow MV = Marshall Mixture Design - Medium Volume, 50 blow SM = Gyratory Mixture Design for Stone Matrix Asphalt (SMA) (2) The third and fourth letters indicate the course: WE = Wearing and Shoulder Wearing Course NW = Non - Wearing Course (3) The fifth letter or number indicates the maximum aggregate size *: A or 4 = 12.5 mm [1/2 inch], SP 9.5 B or 3 = 19.0 mm [3/4 inch], SP 12.5 C or 2 = 25.0 mm [1 inch], SP 19.0 5 = 9.5 mm [3/8 inch], (Marshall design only) E = See provision for SMA design *Letter is used in gyratory designation; number is used in Marshall designation (4) For Gyratory Design: The sixth digit indicates the Traffic Level (ESAL's x 10 The requirements for gyratory mixtures in this specification are based on the 20 -year design traffic level of the Project expressed in Equivalent Single Axle Loads (ESAL's). The five traffic levels are shown below in Table 2360.1 -A. Page 1 of 48 2360/2350 Combined Specification December 23, 2008 Table 2360.1 -A Traf Levels Traffic Level 20 Year Design ESAL's (1 x 10 ESAL's) 2' < 1 3 2 1 to < 3 4 3to <10 5 10 to < 30 6 SMA 1 -- (AADT # 2300) 2 -- (2300< AADT <6000) For Marshall Design: The sixth and seventh digit indicate the Marshall design blows: 50 blow design for both LV and MV mixtures (5) The last two digits indicate the air void requirement: 40 = 4.0% for SP and SM Wear mixtures 35 = 3.5% for MV Wear and Non -Wear 30 = 3.0% for LV Wear and Non -Wear and SP Non -Wear and Shoulder (6) The letter at the end of the mixture designation identifies the asphalt binder grade: Standard Grades B = PG 58 -28 C = PG 58 -34 E = PG 64 -28 F = PG 64 -34 L = PG 64 -22 Specialty Grades A = PG 52 -34 H = PG 70 -28 Ex: Gyratory Mixture Designation — SPWEB540E (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) Ex: Marshall Mixture Designation -- LVWE35030B (Mix Type, Lift, Agg Size, Marshall blows, Voids, Binder) Ex: SMA Mixture Designation -- SMWEE640H (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) B Minimum Lift thickness Minimum recommended paving lift thickness based on maximum aggregate size are: Aggregate Size 5 *: Minimum Lift thickness = 12 mm [1/2 inch] Aggregate Size A, 4 *: Minimum Lift thickness = 25 mm [1 inch] Aggregate Size B, 3 *: Minimum Lift thickness = 40 mm [1 '/2 inch] Aggregate Size C, 2* (for non -wear only): Minimum Lift thickness = 65 mm [2' /z inch] * Marshall designation 2360.2 MATERIALS A Aggregate Al General The aggregate shall consist of sound, durable particles of gravel and sand, crushed stone and sand, or combinations thereof It shall be free of objectionable matter such as metal, glass, wood, plastic, brick, rubber, and any other material having similar characteristics. Coarse aggregate shall be free from coatings of clay and silt to the satisfaction of the Engineer. The Contractor shall not compensate for the lack of fines by adding soil materials such as clay, loam, or silt. Overburden shall not be blended into the asphalt aggregate. Page 2 of 48 2360/2350 Combined Specification December 23, 2008 Each different material (source, class, kind, or size) shall be fed at a uniform rate from its storage unit. An individual source, class, type, or size of material shall not be stockpile blended with another source, class, type or size of material. A2 Classification The aggregate shall conform to one of the following classifications. The class of aggregate to be used shall be the Contractor's option unless otherwise specified in the Contract. A2a Class A Class A aggregate shall consist of crushed igneous bedrock (specifically; basalt, gabbro, granite, gneiss, rhyolite, diorite and andosite) and rock from the Sioux Quartzite Formation. Other igneous or metamorphic rock may be used with specific approval of the Engineer. Class A materials may contain no more than 4.0% non -Class A aggregate. This recognizes the fact that some quarries may contain small pockets of non -Class A material within that source. Intentional blending or addition of non -Class A material is strictly prohibited! A2b Class B Class B aggregate shall consist of crushed rock from all other bedrock sources such as carbonate and metamorphic rocks. (Schist) A2c Class C Class C aggregate shall consist of natural or partly crushed natural gravel obtained from a natural gravel deposit. A2d Class D Class D aggregate shall consist of 100 percent crushed natural gravel. The crushed gravel shall be produced from material retained on a square mesh sieve having an opening at least twice as large as the Specification permits for the maximum size of the aggregate in the composite asphalt mixture. The amount of carryover (material finer than) the selected screen shall not exceed ten percent. A2e Class E Class E aggregate shall consist of a mixture of any two or more of the above classes of approved aggregate (A, B, and D). The use of Class E aggregate, as well as the relative proportions of the different constituent aggregates, shall be subject to the approval of the Engineer. The relative proportions of the constituent aggregates shall be accurately controlled either by the use of a blending belt approved by the Engineer prior to production or by separately weighing each aggregate during batching operations. AN Steel Slag Steel slag may not exceed 25 percent of the mass of the total aggregate. Steel slag shall be free of metallics and other mill waste. Stockpiles will be accepted for use if the total expansion, determined by ASTM D4792, is less than 0.50 %. A2g Taconite Tailings (TT) Taconite tailings shall be obtained from ore that is mined westerly of a north -south line located east of Biwabik, Mn (R15W- R16W); except that taconite tailings from ore mined in southwestern Wisconsin will also be permitted for use. Approved taconite tailing sources are on file with the DepaAment Bitiamineus Engineer Page 3 of 48 2360/2350 Combined Specification December 23, 2008 A2h Scrap Asphalt Shingles Scrap asphalt shingles may be included in both wear and non -wear courses to a maximum of 5 percent of the total weight of mixture. Only scrap asphalt shingles from manufacturing waste are suitable. The percentage of scrap shingles used will be considered part of the maximum allowable RAP percentage (see Table 2360.3 -B2a). Refer to Section 2360.2 G1 to select a virgin asphalt binder grade (use requirements for > 20% RAP, regardless of total RAP /shingle percentage). Scrap Shingle Specifications are on file in the Bituminous Office. AN Crushed Concrete and Salvaged Aggregate Crushed concrete is allowed as an aggregate source for up to 50 percent of the aggregate in non -wear mixtures. Crushed concrete is not allowed in wearing courses. Salvaged aggregate is allowed as an aggregate source for up to 100 percent of the aggregate in wear and non -wear mixtures. All salvaged aggregate shall be stockpiled uniformly to limit variation in mixture properties. Salvaged aggregates shall meet quality and crushing requirements as specified herein. A2j Sewage Sludge Ash (SSA) Sewage sludge ash is allowed as an aggregate source in both wear and non -wear courses to a maximum of 5 percent of the total weight of mixture. Only SSA that meets the Tier Il hazard evaluation criteria as approved by Mn/DOT's Office of Environmental Services, Environmental Analysis Section, will be allowed for use in the mixture. Approved waste incinerator ash sources are on file with the Department Bituminous Engineer. A3 Recycled Asphaltic Pavement Materials (RAP) The combined RAP and virgin aggregate shall meet the composite fine aggregate angularity or calculated crushed requirements (both coarse and fine aggregate) for the mixture being produced (calculated crushed allowed for Marshall design only). RAP containing any objectionable material, i.e., road tar, metal, glass, wood, plastic, brick, fabric, or any other objectionable material having similar characteristics will not be permitted for use in the asphalt pavement mixture. 1851 or 1852. Asphalt binder content in the RAP shall be determined according to Mn/DOT Lab Manual Method B Manufactured Crushed Fines (4 material) fines. All Class A, B, D, and E material that passes the 4.75 mm [ #4] screen will be considered as crushed Manufactured Crushed Fines (4 material) from Class C Aggregate. Produce manufactured crushed fines (4 material) from a gravel source by passing the gravel over a selected screen, 9.5 mm [3/8 inch] or larger, prior to mechanical crushing. The material which passes the 9.5 mm [3/8 inch] screen shall not be incorporated into the manufactured crushed fines but may be used as it qualifies for natural sand. The amount of carryover (material finer than) the selected screen shall not exceed ten percent. The material retained on the 9.5 mm [3/8 inch] screen shall be crushed. The material that passes the 4.75 mm [ #4] screen, after crushing, will be considered as 100% crushed fines. Material retained on the 4.75 mm [ #4] screen after crushing will not be counted as +4 crushing until tested. Page 4 of 48 2360/2350 Combined Specification December 23, 2008 C Quality Requirements C1Los Angeles Rattler Test ............................................ .........................AASHTO T96 The Los Angeles Rattler loss on the coarse aggregate fraction (material retained on the 4.75 mm [ #4] sieve shall not exceed 40 percent for any individual source used within the mix. An aggregate proportion which passes the 4.75 mm [#4] sieve and exceeds 40 percent LAR loss on the coarse aggregate fraction is prohibited from use in the mixture. C2Soundness (Magnesium Sulfate) ................................. .........................AASHTO T104 The magnesium sulfate soundness loss at 5 cycles on the coarse aggregate fraction (material retained on the 4.75 mm [ #4] shall not exceed the following for any individual source used within the mix: * a) No more than 14% loss on the 19 mm [3/4 inch] to 12.5 mm [1/2 inch] and larger fractions. b) No more than 18% loss on the 12.5 mm [1/2 inch] to 9.5 mm [3/8 inch] fraction. C) No more than 23% loss on the 9.5 mm [3/8 inch] to 4.75 rnm [ #4] fraction. d) No more than 18% for the composite loss. (Applies only if all three size fractions are tested). * 1) If the composite requirement is met but one or more individual components do not, the source may be accepted if no individual component is more than 110% of the requirement for that component. 2) If each individual component requirement is met but the composite does not, the source may be accepted if the composite is no greater than 110% of the requirement. Coarse aggregate that exceeds the requirements listed above shall not be processed for use as minus 4.75 mm [ #4] material. C3 Spall Materials and Lumps ................ .............................Mn /DOT Laboratory Manual Spall is defined as shale, iron oxide, unsound cherts, pyrite, highly weathered and/or soft phyllite and argillite (may be scratched with a brass pencil), and other materials having similar characteristics. Lumps are defined as loosely bonded aggregations and clayey masses. If the percent of lumps measured in the stockpile or cold feed exceed the values listed below, asphalt production shall cease and compliance shall be determined by dry hatching. This procedure may be repeated at any time at the discretion of the Engineer. Maximum limits for Spall and lumps, expressed as percentages by mass, are listed in Table 2360.3 -132a. C4 Insoluble Residue Test ...................... .............................Mn /DOT Laboratory Manual If Class B carbonate material is used in the mix, the minus 0.075 mm [ #200] sieve size portion of the insoluble residue shall not exceed 10 percent. D Aggregate Restrictions Class B carbonate aggregate restrictions are specified in Table 2360.3 -132a. E Gradation Requirement The coarse and fine aggregate shall be combined in such proportions to produce an asphalt mixture meeting all of the requirements defined in this specification and shall conform to the gradation as defined in Table 2360.2 -E. Gradation testing shall be conducted in accordance with AASHTO T -11 ( -0.075 mm [ - #200] wash) and T -27. Page 5 of 48 2360/2350 Combined Specification December 23, 2008 Table 2360.2 -E Aggregate Gradation Broad Bands M passing of total washed gradation) Sieve Size mm 1 inch A or 4* B or 3* C or 2* 5* E SMA 25.0 1 inch 100 See SMA Provisions 19.0 3/4 inch 100 (1) 85 -100 12.5 1/2 inch 100 1 ' 85 -100 45 -90 9.5 3/8 inch 85 -100 35 -90 - 100 4.75 #4 25 -90 30 -80 30 -75 65 -95 2.36 #8 20 -70 25 -65 25 -60 45 -80 0.075 #200 2.0 -7.0 2.0 -7.0 2.0 -7.0 2.0 -7.0 *Marshall Designation (1) The gradation broadband for the maximum aggregate size may be reduced to 97% passing for mixtures containing RAP, when the oversize material is suspected to come from the RAP source. The virgin material must remain 100% passing the maximum aggregate sieve size. F Additives An additive is any material added to an asphalt mixture or material, such as mineral filler, hydrated lime, asphalt additives, anti -strip, and similar products that do not have a specific pay item. When a Contract requires additives, compensation is included with the pay items for the appropriate mixture. If the Engineer directs the Contractor to incorporate additives, the compensation will be as Extra Work, at the unit price specified in the proposal. The Depaf Owner will not compensate the Contractor for additives incorporated at the Contractor's option. Additives will not be incorporated into the mixture without approval of the En ig neer Anti- foaming agents shall be added to asphalt cement at the manufacturer's recommended dosage rate. Mineral filler and hydrated lime may be added in a quantity not to exceed 5 percent and 2 percent, respectively, of the total mass of the aggregate. The combination of mineral filler and hydrated lime shall not exceed 5 percent of the total mass of aggregate. The Engineer will approve or disapprove methods for addition of additives. FlMineral Filler ............................................. ............................... ...........................3145 F2 Hydrated Lime ........................................... ............................... ...........................3145 Hydrated lime used in asphalt mixtures shall meet the requirements of ASTM C977 and have a maximum of eight percent unhydrated oxides (as received basis). The method of introducing and mixing the hydrated lime and aggregate shall be subject to approval by the Engineer prior to beginning mixture production. F3 Liquid Anti - Stripping Additive When a liquid anti -strip additive is added to the asphalt binder, blending shall be completed before the asphalt binder is mixed with the aggregate. Liquid anti -strip additives that alter the asphalt binder, such that it fails to meet the Performance Grade (PG) requirements, shall not be used. Liquid anti -strip may be added by the supplier at the refinery or by the Contractor at the plant site. The company /supplier adding the additive shall be responsible for testing the binder /additive blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder. No paving will be allowed until the asphalt binder /additive blend has been tested and results show that binder /additive blend properties meet the criteria in Section 2360.2G. The testing shall be done in accordance with a Mn/DOT approved Asphalt Binder QC Plan. Requirements for the Asphalt Binder QC Plan are on file in the Bituminous Office. Page 6 of 48 2360/2350 Combined Specification December 23, 2008 The following requirements for HMA mixture and asphalt binder must also be met when liquid anti - strip is added at the HMA plant site. Mixture Requirements at Design: 1) The Contractor must design the mixture with the same asphalt binder that will be supplied to the plant site. (Both Laboratory Mixture Design (Option 1) and Modified Mixture Design (Option 2). 2) The Contractor must provide documentation with either design option that includes Tensile Strength Ratio results with the liquid anti -strip dosed at the optimal rate. Documentation must include verification the binder /additive blend meets AASHTO M 320 at the optimal dose rate. Contractor Production Testing Requirements for Asphalt Binder/Liguid Anti -Strip Blend: 1) The Contractor shall, on a daily basis, sample and test the asphalt binder /anti -strip blend. Testing of the blend can be by viscosity, penetration, or dynamic shear rheometer (DSR). When a polymer modified asphalt binder is specified, the Contractor shall use the DSR as the daily QC test. 2) The Contractor shall, on a weekly basis, send the Engineer and Mn/DOT Chemical Laboratory Director a weekly QC report summarizing the results of the daily testing as required in number 1. 3) The Contractor shall, on a bi- weekly basis, test the binder /anti -strip blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder (minimum 1 /project). Test results shall be sent to the Engineer and Mn/DOT Chemical Laboratory Director. 4) In addition to the sampling requirements listed above, the Contractor shall obtain asphalt binder /anti- strip blend field verification samples according to 2360.4 E12. Liquid Anti -Strip Additive Metering System 1) The metering system shall include a liquid anti -strip flow meter in addition to an anti -strip pump. The flow meter shall be connected to the liquid anti -strip supply to measure and display only the anti -strip being fed to the asphalt binder. 2) The meter readout shall be positioned for convenient observation. 3) There shall be a means provided for comparing the flow meter readout with the calculated output of the anti -strip pump. See number 7. 4) The system shall display in units of liters [gallons] to the nearest liter [gallon] or in units of metric tons [tons] to the nearest 0.001 metric tons [0.001 tons], the accumulated anti -strip quantity being delivered to the mixer unit. 5) The system shall be calibrated and adjusted to maintain an accuracy of ± one percent error. 6) Calibration shall be required for each plant set -up prior to production of mixture. 7) The Engineer may require, on a daily basis, the Contractor "stick" the anti -strip tank at the end of the days production to verify anti -strip usage quantities. 8) The system shall provide for a convenient method for sampling the binder /anti -strip after blending has occurred. 9) Alternative blending and metering systems must be pre- approved by the Engineer F4 Coating and Anti - Stripping Additive ........... ............................... ...........................3161 GAsphalt Binder Material ............................................ .........................AASHTO M 320 Asphalt binder material shall meet the requirements of PG asphalt binder testing tolerances, sampling rates, testing procedures, and acceptance criteria based on the most current Mn/DOT Technical Memorandum, titled "Inspection, Sampling, and Acceptance of Bituminous Materials." The PG asphalt binder cannot be modified with air blowing procedures unless the DepaAment Bituminous Engineer approves it. The Contractor shall not use petroleum distillates such as fuel oil, diesel fuel or other fuels in the asphalt tanks. A statement shall be provided by the supplier for recommended laboratory mixing and compaction temperatures and field maximum mixing and compaction temperatures. Page 7 of 48 2360/2350 Combined Specification December 23, 2008 G1 Asphalt Binder Selection Criteria for All Mixtures with RAP Overlay Specified PG Asphalt Binder Grade Virgin Asphalt Binder Grade to be used with RAP < 20% RAP > 20% RAP 52 -34 All PG Grades No grade adjustment No grade adjustment New Construction Specified PG Asphalt Binder Grade Virgin Asphalt Binder Grade to be used with RAP < 20% RAP > 20% RAP 52 -34 52 -34 52 -34 58 -28 58 -28 58 -28 58 -34 58 -34 Not allowed * 64 -28 64 -28 64 -28 64 -34 64 -34 Not allowed * Other PG Grades No grade adjustment Not allowed * When approved by the Engineer, the virgin asphalt binder grade can be selected by using the blending chart procedure on file in the Bituminous Office. Mn/DOT may take production samples for information/verification of compliance with a specified asphalt binder grade. (1) Includes cold inplace recycle, reclaiming, and reconstruction. 2360.3 MIXTURE DESIGN A Mixture Design General The asphalt mix may be designed using one of the following two Contractor trial mix design options as described in 2360.313 and 2360.3D. Review of mixture designs will be performed in the District Materials Laboratory where the Project is located. All mixture design test results, documentation, aggregate material samples, and mixture samples, as required by the trial mix design option, shall be submitted to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). Unless otherwise authorized by the District Materials Engineer, the addition of aggregates and materials not included in the original mixture submittal is prohibited. It is the Contractor's responsibility to design a Marshall mixture in accordance with the most current AASHTO T -245, the Asphalt Institute's Mix Design Methods for Asphalt Concrete MS -2, and the Mn/DOT Laboratory Manual such that it meets the requirements of this specification. For Marshall design, the design air void content of the mixture is dependent on the mixture type, regardless of the location in the pavement structure. Design air void content for LV and MV mixtures is 3.0% and 3.5 %, respectively. It is the Contractor's responsibility to design a gyratory mixture in accordance with the most current AASHTO T -312, the Asphalt Institute's Superpave Mix Design Manual SP -2 (2 -hour short term aging period is used for volumetric), and the Mn/DOT Laboratory Manual such that it meets the requirements of this specification. B Laboratory Mixture Design (Option 1) To verify Laboratory Mixture Design compliance with these specifications, the Contractor shall submit mixture design test results and documentation as described in Section 2360.3C and the materials described below to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). The District Materials Engineer (Department Bituminous Engineer) will issue a Mixture Design Report when the mixture design has been successfully verified. Page 8 of 48 2360/2350 Combined Specification December 23, 2008 Bl Aggregate sample At least 15 working days prior to the start of asphalt production, the Contractor shall submit aggregate samples for quality testing. A 35 kg [80 pound] sample of representative aggregate retained on the 4.75 mm sieve [ #4] and a 15 kg [35 pound] sample of material passing the 4.75 mm sieve [ #4] shall be submitted to the District Materials Laboratory where the Project is located (Bituminous Engineer in Metro area). In addition to the preceding requirements the Contractor shall also submit a 35 kg [80 pound] sample of representative RAP material when the mixture includes recycled asphalt pavement. The Contractor shall provide 24 hour notice of intent to sample aggregates. These samples will be tested for quality of each source, class, type, and size of virgin and non - asphaltic salvage aggregate source used in the mix design. The Contractor shall retain a companion sample of equal size until a Mixture Design Report is issued. Quality requirements are defined in Section 2360.2C. Aggregates that require the magnesium sulfate soundness test shall be submitted to the Department Bituminous Engineer or Di tfiet r ater -i '° Engine er at least 30 calendar days prior to the start of asphalt production. Dispute resolution procedures for aggregate qualities are on file in the Bituminous Office. B2 Mixture sample At least 7 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (JMF) for each combination of aggregates to be used in the mixture. The JMF will be reviewed in the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). A Level II Quality Management mix designer must sign the proposed JMF. For each JMF submitted, the Contractor shall include test data to demonstrate conformance to mixture properties as specified in Table's 2360.3 -132b and 2360.3 -132c. The proposed JMF shall be submitted on forms approved by the Department. In addition, the Contractor shall submit an uncompacted mixture sample plus briquettes compacted at the optimum asphalt content and required compactive effort conforming to the JMF for laboratory examination and evaluation. Mixture sample size and number of compacted briquettes are as follows: Table 2360.3 -132 Mixture Sample Requirements Item Gyratory Design Marshall Design Un- compacted Mixture Sample Size 30 Kg [75 pounds] 18 Kg [40 pounds] Number of compacted briguettes 2 3 132a Mixture Aggregate Requirements The aggregate fractions shall be sized, graded, and combined in such proportions that the resulting mixture will meet the requirements listed in Section 2360.2 -E and Table 2360.3 -132a shown below. Page 9 of 48 2360/2350 Combined Specification December 23, 2008 Table 2360.3 -132a Mixture Aggregate Requirements (1) For Marshall design, the Contractor may determine -4 crushing by either FAA of uncompacted voids or calculation of crush from the composite blend. The choice must be made prior to start of production. Manufactured crushed fines requirement is 25 %. RAP sand will be considered 50% crushed if the FAA equals or exceeds 40, and 100% crushed if the angularity index equals or exceeds 45. (2) Not applicable under Marshall design. (3) When shingles are included as part of the allowable RAP percentage in Traffic Level 2, 3, 4, or 5 mixtures the ratio of added new asphalt binder to total asphalt binder shall be 70% or greater ((added binder /total binder) x 100 >= 70). A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. (4) When shingles are included as part of the allowable RAP percentage in LV and MV mixtures the added new asphalt shall be 3.5% or greater. A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the corresponding requirements listed in Table 2360.3 -132b and Table 2360.3 -132c. Page 10 of 48 Traffic Traffic Traffic Traffic SMA Aggregate Blend Property Level 2 & LV Level 3 & MV Level 4 Level 5 T. Level 6 3-10 10 - 30 See SMA 20 year Design ESAL's <1 million 1 - 3 million million million Provisions Coarse Aggregate Angularity (ASTM D5821) 30/- 551- 85/80 95/90 - (one face / two face), %- Wear 30/- 551- 60/- 80/75 (on face / t wo face), %- NonWear Fine Aggregate Angularity (FAA) (AASHTO T304, Method A) %- Wear 40 (2) 42 44 45 - %- Non -Wear 40 (2) 40 40 40 Flat and Elongated Particles, max - 10 10 10 by weight, (ASTM D 4791 ) (5:1 ratio ) (5:1 ratio ) (5:1 ratio) - Clay Content" AASHTO T 176 - - 45 45 - Total Spall in fraction retained on the 4.75 mm 1 #41 sieve - Wear 5.0 2.5 1.0 1.0 - Non -W 5.0 5.0 2.5 2.5 Maximum Spall Content in Total Sample -Wear 5.0 5.0 1.0 1.0 - Non -Wear 5.0 5.0 2.5 2.5 Maximum Percent Lumps in fraction retained on the 4.75 mm #4 sieve 0.5 0.5 0.5 0.5 - Class B Carbonate Restrictions Maximum% -4.75 mm [44] Final Lift/All other Lifts 100 /100 100 /100 80/80 50/80 - Maximum% +4.75 mm [ + #4] Final Lift/All other Lifts 100 /100 100 /100 50 /100 0 /100 - Gyratory Max. allowable RAP percentage 30/40 30/40 30/30 30/30 30/30 Wear / Non. Wear Marshall Max. allowable RAP percentage (4) 30/40 30/30 Wear / Non Wear (1) For Marshall design, the Contractor may determine -4 crushing by either FAA of uncompacted voids or calculation of crush from the composite blend. The choice must be made prior to start of production. Manufactured crushed fines requirement is 25 %. RAP sand will be considered 50% crushed if the FAA equals or exceeds 40, and 100% crushed if the angularity index equals or exceeds 45. (2) Not applicable under Marshall design. (3) When shingles are included as part of the allowable RAP percentage in Traffic Level 2, 3, 4, or 5 mixtures the ratio of added new asphalt binder to total asphalt binder shall be 70% or greater ((added binder /total binder) x 100 >= 70). A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. (4) When shingles are included as part of the allowable RAP percentage in LV and MV mixtures the added new asphalt shall be 3.5% or greater. A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the corresponding requirements listed in Table 2360.3 -132b and Table 2360.3 -132c. Page 10 of 48 2360/2350 Combined Specification December 23, 2008 Table 2360.3 -132b Mixture Rennirements (1) See Section 2360.4 E9. Use 150 mm [6 inch] specimens for gyratory and 100 mm [4 inch] specimens for Marshall design. (2) Mn/DOT Min = 65, (3) Mn/DOT Min = 70, (4) Mn/DOT Min = 60 132c VMA Criteria The voids in mineral aggregate (VMA) of the mixture at design and during production shall meet the minimum criteria as shown in Table 2360.3 -132c at the specified compaction level. VMA shall be calculated according to the procedures outlined in Asphalt Institutes SP -2 or MS -2 manual. VMA is a design and acceptance /process control requirement. Table 2360.3 -132c Voids in Mineral Aaereeate (VMA) Mixture Reouirements Gradation Traffic Level 2 Traffic Level 3 Traffic Level 4 Traffic Level 5 SMA T. Level 6 20 ear Design ESAL's < 1 million 1 - 3 million 3 - 10 million 10-30 million See SMA Provisions Gyratory Mixture Re uirements < 39 13.5 C or 2* > 35 13.0 Gyrations for Ndes; n 40 60 90 100 - %oAir Voids at Nde,ign, -- Wear %Air Voids at N -- Non -Wear & All Shoulder 4.0 3.0 4.0 3.0 4.0 3.0 4.0 3.0 Tensile Stren th Ratio (1) min% 75 (2) 75 (2) 80 (3) 80 (3) - Fines/Effective Asphalt 0.6-1.2 0.6-1.2 0.6 - 1.2 0.6-1.2 - VFA, % -- Wear- 4.0% Voids Non -Wear & All Shoulder- 3.0% Voids 65-78 70-83 65-78 70-83 65-76 70-82 65-76 70-82 Marshall Mixture Requirements LV MV Marshall Blows 50 50 - _ _ Air Voids, % 3.0 3.5 Tensile Strength Ratio (1) min% 70 (4) 70(4) Stability, minimum N lb fl 5000 r11251 6000 13501 Fines/Effective Asphalt Wear Non -Wear 0.6-1.30 0.6 - 1.40 0.6-1.30 0.6 - 1.40 (1) See Section 2360.4 E9. Use 150 mm [6 inch] specimens for gyratory and 100 mm [4 inch] specimens for Marshall design. (2) Mn/DOT Min = 65, (3) Mn/DOT Min = 70, (4) Mn/DOT Min = 60 132c VMA Criteria The voids in mineral aggregate (VMA) of the mixture at design and during production shall meet the minimum criteria as shown in Table 2360.3 -132c at the specified compaction level. VMA shall be calculated according to the procedures outlined in Asphalt Institutes SP -2 or MS -2 manual. VMA is a design and acceptance /process control requirement. Table 2360.3 -132c Voids in Mineral Aaereeate (VMA) Mixture Reouirements Gradation Fine Mixture % Pass 2.36 mm #8 VMA Minimum Coarse Mixture % Pass 2.36 mm [ #8 ] VMA Minimum A or 4* >47 15.0 ** < 47 14.5 ** B or 3* >39 14.0 < 39 13.5 C or 2* > 35 13.0 < 35 12.5 5* - - -- 15.0* * - - -- - - -- E See SMA Provisions *Marshall designation. * *For LV 4 and LV 5 mixes lower VMA requirements by 0.5% B3 Tensile Strength Ratio sample Mixture or briquettes that represent the mixture at optimum asphalt content, shall be submitted at least 7 days prior to actual production for verification of moisture sensitivity retained tensile strength ratio (TSR). Material submitted for TSR verification may be tested for maximum specific gravity G,,,,,, compliance in addition to TSR results. Failure to meet the G, , tolerance will result in rejection of the submitted mix design. A new mix design submittal will be required and will be subject to provisions described in Section 23603C. One of Page 11 of 48 2360/2350 Combined Specification December 23, 2008 the following options may be used to verify that the tensile strength ratio (TSR) meets the requirements in Table 2360.3 -132b. Option A) The Contractor will batch material at the design proportions including optimum asphalt. Immediately (before curing) split the sample and allow samples to cool to room temperature. Submit 35 kg [77 pounds] of mixture to the District Materials Laboratory for curing and test verification. Both groups will use a two (2) hour cure time (± 15 minutes) at 144 °C [290 °F] and follow procedures in ASTM D 4867 -92, Mn/DOT modified as defined in the Mn/DOT Laboratory Manual. Option B) The Contractor batches, cures (as indicated in option A), compacts, and submits briquettes and uncompacted mixture as specified below. Table 2360.3 -133 O tion B Mixture Requirements Item Gyratory Design Marshall Design Un -compacted Mixture Sample Size 8,200 g 8,200 Number of compacted briquettes 6 9 Compacted Briquette air void content 6.5-7.5% 6.0-8.0% 150 mm [6 inch] specimens for gyratory design 100 mm [4 inch] specimens for Marshall design B4 Aggregate Specific Gravity ...... .........................AASHTO T84 and T85, Mn/DOT Modified The Contractor shall determine the specific gravity of all aggregate used in the mixture. C Documentation Each proposed JMF submitted for review under Section 2360.313 and 2360.313 shall include the following documentation and test results. (1) The name(s) of the individual(s) responsible for the Quality Control of the mixture during production. (2) The low project number of the Contract on which the mixture will be used. (3) The design traffic level and the design number of gyrations. (4) The temperature ranges the mixture is intended to be discharged from the plant and compacted at the roadway shall be provided by the asphalt binder supplier. Temperatures to be included are, laboratory mixing and compaction temperature ranges and maximum field mixing and compaction temperatures.. (5) The percentage in units of 1 percent (except the 0.075 mm sieve [ #200] in units of 0.1 percent) of aggregate passing each of the specified sieves for each aggregate to be incorporated into the mixture. The gradation of aggregate from salvaged asphaltic material shall be derived from the material after the residual asphalt has been extracted. (6) The source and description of the materials to be used. The aggregate pit or quarry source number. The proportion of each material (in percent of total aggregate). (7) The composite gradation based on (5) and (6) above. Note: Include virgin composite gradation based on (6) and (7) above for mixtures containing RAP. (8) The bulk (dry) and apparent specific gravities and water absorption (by % weight of dry aggregate) of both coarse and fine aggregate, for each product used in the mixture (including RAP). Use AASHTO T -84 and T -85 Mn/DOT modified as defined in the Mn/DOT Laboratory Manual. The tolerance allowed between the Contractor's and the Depar tment's Owner's specific gravities are Gsb (individual) = 0.040 [ +4 AND -4] and G, (combined) = 0.020. (9) The composite gradation plotted on a FHWA 0.45 power chart. (Federal form PR -1115) (10) The test results from the composite aggregate blend at the proposed JMF proportions indicating compliance with Coarse Aggregate Angularity, Fine Aggregate Angularity, and Flat and Elongated as shown in Table 2360.3 -132a. Page 12 of 48 2360/2350 Combined Specification December 23, 2008 (11) For mixtures containing RAP include extracted asphalt binder content of the RAP with no retention factor included. (12) The percentage (in units of 0.1 percent) and PG grade of asphalt binder material to be added, based upon the total mass of the mixture. (13) Each trial mixture design shall include the following: (a) A minimum of three different asphalt binder contents (minimum 0.4 percent between each point), with at least one point at, one above and one below the optimum asphalt binder percentage. (b) The maximum specific gravity at each asphalt binder content. The theoretical maximum specific gravity used for percent air voids determination shall be calculated based on the average of the effective specific gravities measured by a minimum of two maximum specific gravity tests at the asphalt contents above and below the expected optimum asphalt binder content. (c) The test results for the individual and average bulk specific gravity, density, and heights, of at least two specimens at each asphalt binder content. For Marshall design include the test results for the individual and average bulk specific gravity, density, height, stability, and flow of at least three specimens at each asphalt binder content. (d) The percent air voids in the mixture at each asphalt binder content. (e) The percent Voids in Mineral Aggregate (VMA) at each asphalt binder content. (f) The fines to Effective Asphalt (F /A) ratio calculated to the nearest 0.1 percent. (g) TSR results at the optimum asphalt binder content. (h) Graphs showing air voids, voids in the mineral aggregate, Gmb, Gmm and unit weight vs. percent asphalt binder content for each of the three asphalt binder contents submitted with trial mix. (i) Evidence the completed mixture will conform to design air voids (V a ), VMA, VFA (gyratory), TSR, F /A (Fines to effective asphalt ratio). (j) For gyratory design, the documentation shall also include labeled gyratory densification tables and curves generated from the gyratory compactor for all points used in the mixture submittal. (14) Optional Add- Rock/Add -Sand Provisions If the Contractor chooses to use the add - material option to augment the submitted JMF, the Contractor shall provide samples of the aggregate for quality analysis in accordance with Section 2360.313 1. The Contractor shall provide mix design data for two additional design points per add - material. One point shall show a proportional adjustment to the submitted JMF that includes 5 percent, by mass, add - material at the JMF optimum asphalt percent. The second point shall show a proportional adjustment to the submitted JMF that includes 10 percent, by mass, add - material at the JMF optimum asphalt percent. The following information will be reported for each of these two points: (a) The maximum specific gravity (average of two tests). (b) The test results for the individual and average bulk specific gravity, density, and height of at least two specimens at the optimum asphalt binder content. For Marshall design include the test results for the individual and average bulk specific gravity, density, height, stability, and flow of at least three specimens at the optimum asphalt binder content. (c) The percent air voids in the mixture for each point. (d) The Fines to Effective Asphalt ratio calculated to the nearest 0.1 of a percent. (e) Coarse and Fine Aggregate crushing counts Up to two add - materials will be allowed per mix design submittal. Aggregate quality and mix characteristics are required for each proposed add - material and shall be submitted at the time of the original trial mix submittal. No mixture sample or briquettes are required for these two additional points. Page 13 of 48 2360/2350 Combined Specification December 23, 2008 D Modified Mixture Design (Option 2) The Contractor shall submit mixture design test results and documentation as described in Section 2360.3C to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area) to verify compliance with these specifications. The DistFiet Ma*^..; ^'^ En ig neer (Department Bituminous Engineer) will issue a Mixture Design Report when the mixture design has been successfully verified. Mixture submittal is not required. The Contractor may use this option if all of the following conditions are met: a) The aggregates must have been tested for and meet all applicable quality requirements in the current construction season. b) The Level II mix designer submitting the mixture design must have a minimum of 2 years experience in mixture design. C) The Contractor and his representatives cannot have violated the requirements of 1512 Unacceptable and Unauthorized Work relating to mixture design or mixture production within the last 12 month period. Dl JMF Submittal At least 2 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (JMF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level II Quality Management mix designer must sign this proposed JMF. For each JMF submitted, the Contractor shall include documentation as outlined in Section 2360.3C to demonstrate conformance to mixture properties as specified in Table 2360.3 -132b and 2360.3 -132c. The proposed JMF shall be submitted on forms approved by the Department. D2 Initial Production Test Verification At the start of production, the testing frequency for the first 1,800 metric tons [2,000 tons] of each mix type shall be as specified in Table 2360.4 -D. All mixture placed on Mn/DOT projects shall meet the specified quality indicators and required field density. Failure to do so will result in reduced payment or removal and replacement with acceptable material. The Department shall take a mix verification sample within the first four samples at the start of production of each mix type. D3 Tensile Strength Ratio sample See Section 2360.4E9 D4 Marshall Stability (Marshall Design Only) On the first day of production, for each different mix design, at the same time the verification sample is obtained, an additional sample shall be obtained for Department evaluation of Marshall stability. This sample may be tested at the discretion of the District Materials Engineer. The Contractor is not required to test stability on production mixture. If the Marshall stability fails to meet the minimum requirements as listed in Table 2360.3 -132b the Contractor shall stop production immediately. The Contractor will be required to submit a revised mix design, with bituminous mixture at optimum asphalt content, to the District Materials Laboratory. If the mixture meets the minimum stability requirement production may be resumed. Page 14 of 48 2360/2350 Combined Specification December 23, 2008 If the stability fails the second time, the Mix Design Report will be revoked. The Contractor will then be required to submit a new mix design according to Laboratory Mixture Design 2360.313, Option 1. A new Mix Design Report will be issued upon successful verification of the new mixture design submittal. E Mixture Design Report A Mixture Design Report consists of the JMF (Job Mix Formula). The JMF includes composite gradation, aggregate component proportions, asphalt binder content of the mixture, design air voids, Voids in Mineral Aggregate, and aggregate bulk specific gravity values. JMF limits will be shown for gradation control sieves, percent asphalt binder content, air voids, and VMA. Issuance of a Mixture Design Report confirms the mixture has been reviewed for and meets volumetric properties only. No guaranty or warranty, either express or implied, is made regarding placement and compaction of the mixture. A Department reviewed Mixture Design Report is required for all paving except for small quantities of material provided under Section 2360.5H. All submitted materials must meet aggregate and mixture design requirements before a Mixture Design Report is issued. The Department will review two trial mix designs per mix type designated in the plan, per Contract at no cost to the Contractor. Additional mix designs will be verified at a cost of $2000 per design, payable to the Commissioner of Transportation. For city, county, and other agency projects, the Contractor shall provide to the District Materials Laboratory a complete Project proposal including addenda, supplemental agreements, change orders, and any Plan sheets (including typical sections) that affect the mix design. The Department will not start the verification process without this information. 2360.4 MIXTURE QUALITY MANAGEMENT (Quality Control/Quality Assurance) A Quality Control (QC) The Contractor shall provide and maintain a quality control program for HMA production. A quality control program is defined as all activities, including mix design, process control inspection, sampling and testing, and necessary adjustments in the process that are related to the production of a hot mix asphalt (HMA) pavement which meets the requirements of the specifications. Al Contractor Certified Plant HMA Ala Certification Procedure The Contractor shall: (1) Complete application form and request for plant inspection. (2) Provide a site map of stockpile locations. (3) Pass plant and testing facility inspection by having the Plant Inspector and Bituminous Plant Authorized Agent complete and sign the Asphalt Plant Inspection Report (TP 02142 -02, TP 02143- 02). By signing the Asphalt Plant Inspection Report, the HMA plant authorized agent agrees to calibrate and maintain all plant and laboratory equipment within allowable tolerances set forth in these specifications, Standard Specifications for Construction, and the Mn/DOT Bituminous Manual. (4) Obtain a Mixture Design Report prior to production. Page 15 of 48 236012350 Combined Specification December 23, 2008 Alb Maintaining Certification To maintain certification, the plant must produce, test, and document all certified plant asphalt mixtures in accordance with the above requirements on a continuous basis. Continuous basis means all asphalt mixtures supplied from a certified plant to any Department project with 2360 asphalt mixtures must be sampled and tested in accordance with 2360 requirements and the Schedule of Materials Control. The Contractor shall assure the plant certification procedure is performed annually after winter suspension and before producing material for a Project. In addition, a first -day sampling and testing frequency rate as stated in Table 2360.4 -D shall be followed. The Contractor shall recertify a plant when it is moved to a new location or a previously occupied location. Alc Revocation of Plant Certification The Department Construction Engineer may revoke certification of an asphalt plant when requirements are not being met or records are falsified. The Department may revoke the Technician Certification for the individual involved. The Department Bituminous Engineer and Department Contract Administrator will maintain a list of companies who have had their asphalt plant certification revoked. B Quality Assurance (QA) The Department will perform QA testing as part of the acceptance process. The Engineer is responsible for QA testing, records, and acceptance. The Engineer will accomplish the QA process by: (1) Conducting Quality assurance and verification sampling and testing. (2) Observing sampling and tests performed by the QC personnel. (3) Taking additional samples at any time and any location during production. (4) Monitoring the required QC summary sheets and control charts. (S) Verifying calibration of laboratory testing equipment. (6) Communicating Mn/DOT test results to the Contractor's QC personnel in a timely manner (See 2360AM and 2360.4N). (7) Ensuring Independent Assurance Sampling and testing requirements are met. C Contractor's Quality Control Cl Personnel Requirements Along with the proposed mix design data, the Contractor shall submit to the Engineer an organizational chart listing the names and phone numbers of individuals and alternates responsible for mix design, process control administration, and inspection. The Contractor shall also post a current organizational chart and if required by the Engineer, post a daily roster of individuals performing QC testing in the Contractor's test facility. The Contractor's quality control organization or private testing firm shall have Certified Technicians who have met the requirements on file with the Department's Technical Certification program. Individuals performing process control testing must be certified as a Level I Bituminous Quality Management (QM) Tester. Individuals performing mix design calculations or mix design adjustments must be certified as Level II Bituminous QM Mix Designer. The Contractor shall have a Certified Level II Bituminous QM Mix Designer available to make any necessary process adjustments. The Contractor shall have a minimum of one person per paving operation certified as a Level II Bituminous Street Inspector. Page 16 of 48 2360/2350 Combined Specification December 23, 2008 C2 Laboratory Requirements The Contractor shall furnish and maintain a laboratory at the plant site or other site as approved by the Engineer. The laboratory shall be furnished with the necessary equipment and supplies for performing Contractor quality control testing. The laboratory equipment shall meet the requirements listed in Section 400 of the Mn/DOT Bituminous Manual, Mn/DOT Lab Manual, and these specifications, including having extraction capabilities. The laboratory shall be calibrated and operational prior to the beginning of production. In addition to the requirements listed above, the laboratory shall be equipped with a telephone for use by the Contractor or the Engineer. A fax machine and copy machine shall be available for use by the Contractor or the Engineer at the laboratory site. The Engineer may waive the requirement to have a fax machine available at the laboratory site if transfer of data and test results can be accomplished through electronic transmittal (email). The laboratory shall also include a computer and printer. The computer shall have the following minimum requirements: 1) Intel based with either Celeron or Pentium IV processor with a minimum processor speed of 1.8 MHZ. 2) CD writer with CD/RW capability and a minimum write speed of 16x. 3) Windows 2000 or Windows XP with Microsoft Excel version 97 or newer. The printer must be able to print control charts. The Engineer shall be allowed to inspect measuring and testing devices to confirm both calibration and condition. The Contractor shall calibrate and correlate all testing equipment in accordance with the latest version of the Mn/DOT Bituminous Manual and Mn/DOT Lab Manual. Records of calibration for each piece of testing equipment shall be kept in the same facility as the equipment. D Sampling and Testing The Contractor shall ensure that all QC samples are taken at random locations. Random number generation and determination of random sample location shall be consistent with the Mn/DOT Bituminous Manual Section 5 -693.7 Table A or Section 5 of ASTM D3665. The Engineer may approve alternate methods of random number generation. The tests for mixture properties shall be conducted on representative portions of the mix, quartered from a larger sample of mixture taken from behind the paver, or when approved by the Engineer, an alternate sampling location. The procedure for truck box sampling, an alternate sampling location, is on file in the Bituminous Office. When an alternate sampling location is approved and used by the Contractor, the daily verification sample must still be taken from behind the paver. The Contractor shall obtain a sample of at least 25 kg [55 pounds]. This sample may be either split in the field or transported to the test facility by a method to retain heat to facilitate sample quartering procedures. The Contractor shall store and retain mixture bulk samples and companion samples for the Department for a period of 7 working days. The Contractor shall maintain these split samples in containers labeled with companion numbers. The Contractor shall perform QC sampling and testing according to the following schedule. Determine the planned tonnage for each mixture to be produced during the production day. Divide the planned production by 1000. Round the number to the next higher whole number. This number will be the number of production tests required for that mixture. Required production tests are listed in Table 2360.4 -E. Split the planned production into even increments and select sample locations as described above. If actual tonnage exceeds planned tonnage additional tests may be required. During production, mixture volumetric property tests will not be required when mix production is less than 270 metric tons [300 tons]. However, production tests will be required when the accumulative tonnage on successive days exceeds 270 metric tons [300 tons]. At the start of production, the testing frequency for the first 1800 metric tons [2,000 tons] of each mix type shall be as follows: Page 17 of 48 2360/2350 Combined Specification December 23, 2008 Table 2360.4 -D Production Start -Up Testing Rates Production Test Sampling/Testing Rates Testing Rates Section Test Reference Section Bulk Specific Gravity 1 test er 450 metric tons 500 tons AASHTO T312,T166 Mn/DOT modified 2360AE2 Maximum Specific Gravity 1 test per 450 metric tons 500 tons AASHTO T209 Mn/DOT modified 2360AE3 Air Voids (calculated) 1 test er 450 metric tons 500 tons AASHTO T269, T312 2360AE4 As halt Content 1 test per 450 metric tons 500 tons Bit & Lab Manual 2360.4E1 VMA Calculated 1 test per 450 metric tons 500 tons Al MS 2 & SP 2 2360AE5 Gradation 1 test per 900 metric tons 1000 tons AASHTO T11, T27, T3 OMn/DOTmodified 2360AE6 Coarse Aggregate An ulari 1 test per 900 metric tons 1000 tons ASTM D5821 2360AE7 Fine Aggregate Angularity - ( FAA) ( ' ) 1 test per 900 metric tons 1000 tons AASHTO T304 Method A 2360AE8 (1) Marshall design allows -4.75 mm [44] manufactured crushed fines calculation per Mn/DOT Bituminous Manual E Production Tests When more than one Mn/DOT approved test procedure is available, the Contractor shall select, with the approval of the Engineer, one method at the beginning of the Project and use that method for the entire Project. The Contractor and Engineer may agree to change test procedures during the construction of the Project. Table 2360.4 -E Production Sampling and Testing Rates Production Test Sampling/Testing Rates Test Reference Section Bulk Specific Gravity Divide the planned production by 1000. Round the AASHTO T31 2, T245 2360AE2 number to the next higher whole number. T166 Mn/DOT mod Maximum Specific AASHTO T209 Mn/DOT 2360AE3 Gravity modified Air Voids AASHTO T269, T312 2360.4E4 (calculated) Asphalt Content Bit & Lab Manual 2360.4E1 VMA (Calculated) Al MS 2 & SP 2 2360AE5 Gradation 1 gradation per 1,800 metric tons [2,000 tons], or AASHTO T11, T27, T30 2360 AE6 p ortion ther (minimum of one per da Mn/DOT modified Coarse Aggregate 2 tests /day for a minimum of 2 days, then 1 per day ASTM D5821 2360AE7 Angularity if CAA is met. If CAA >8% of requirement, 1 sample/day sample/day but test 1 /week. Fine Aggregate 2 tests /day for a minimum of 2 days, then 1 per day AASHTO T304, Method A 2360AE8 Angularity (FAA) if FAA is met. If FAA >S% of requirement, 1 sample/day sample/day but test 1 /week. TSR 15t sample at 5,000 tons or by second day of ASTM D4867 Mn/DOT 2360AE9 production, then sample at every 18,000 metric tons modified 20,000 tons Aggregate Specific When directed by the Engineer AASHTO T84 & T85, 2360.4E10 Gravity Mn/DOT modified Mixture Moisture Daily unless exempted by Engineer Mn/DOT 5- 693.950 2360AEI I Content Asphalt Binder Sample 1 51 load (each grade) then 1 per 1,000,000 Mn/DOT 5- 693.920 2360AE12 liter 250,000 gallon-sample size 1 quart] (1) Marshall design allows -4.75 mm [44] manufactured crushed fines calculation per Mn/DOT Bituminous Manual Page 18 of 48 2360/2350 Combined Specification December 23, 2008 El Asphalt Binder Content"' (a) Spot Check (Virgin only) .......................... .............................Mn /DOT Bituminous Manual (b) Incinerator OvenM ....................... .........................Mn/DOT Laboratory Manual Method 1853 (c) Chemical Extraction ...... .............................Mn /DOT Laboratory Manual Method 1851 or 1852 (d) Meter Method (Virgin only) ...................... .............................Mn /DOT Bituminous Manual (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. (2) For Traffic Level 4 and 5 mixtures that include shingles as part of the allowable RAP percentage a minimum of 1 spotcheck per day per mixture blend is required to determine new added asphalt binder (See footnote 3 of Table 2360.3 -132a). E2 Marshall Bulk Specific Gravity, Gmb (3 specimens) ....... AASHTO T166, Mn/DOT Modified, or E2a Gyratory Bulk Specific Gravity, Gmb (2 specimens) ... .........................AASHTO T312, T166, Mn/DOT Modified E3 Maximum Specific Gravity, G ........ .........................AASHTO T209, Mn/DOT Modified E4 Air Voids - Individual and Isolated ( calculation) ................... 4 ............ AASHTO T269, T312 Isolated air voids are calculated using the maximum mixture specific gravity and the corresponding bulk specific gravity from a single test. Individual air voids are calculated from the maximum specific gravity moving average and the bulk specific gravity from that single test. For gyratory design, compaction shall be conducted to Nd,,ign, as shown in Table 2360.3 -132a, for the specified Traffic Level. E5 Voids Mineral Aggregate (VMA) ( calculation) .. ........................Asphalt Institute MS -2, SP -2 E6 Gradation - Blended Aggregate ......... AASHTO T-1 1, T -27, and T -30 (all Mn/DOT modified) Testing to determine the blended aggregate gradation shall be determined every 1800 metric tons [2,000 tons], or portion thereof (minimum of one per day), on samples taken at the same time as the required mixture sample for a given increment. All gradations require a - 0.075 mm [- #200] wash. (a) Virgin Aggregate Mixtures - Drum or Screenless Plants Belt Samples or extracted production samples. (b) All Other Mixtures: 1. Hot Bins - Drybatch (Optional) 2. Incinerator Oven Mn/DOT Laboratory Manual Method 1853 (Optional) except samples that contain over 50% class B. (1) 3. Extraction Mn/DOT Laboratory Manual Method 1851 or 1852 (Optional) (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. E7 Coarse Aggregate Angularity ..................................... ...........................ASTM D5821 CAA test results shall meet the minimum percent fractured faces as shown in Table 2360.3 -132a. ASTM D -5821 shall be used to determine coarse aggregate angularity on the composite blend from aggregates used Page 19 of 48 2360/2350 Combined Specification December 23, 2008 in production of hot mix asphalt. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production samples. The percentage of fractured faces of the composite aggregate blend less than 100% shall be tested at the following rates: (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet CAA requirements. (2) If CAA crushing test results exceed 8 percent of the requirement, take one sample per day and perform one test per week. CAA results must be reported on the test summary sheet. Mixture placed and represented by results below the minimum requirement, as shown in Table 2360.3 -132a, will be subject to reduced payment as outlined in Table 2360.4 -L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8 Fine Aggregate Angularity ........................... ...........................ASTM C1252 Method A FAA test results shall meet the minimum criteria shown in Table 2360.3 -132a. ASTM C1252 Method A shall be used to determine fine aggregate angularity on the composite blend from aggregates used in production of HMA. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production samples. The percentage of uncompacted voids from the composite aggregate blend shall be tested at the following rates. (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet FAA requirements. (2) If FAA test results exceed 5 percent of the requirement, take one sample per day and perform one test per week. FAA results must be reported on the test summary sheet. Mixture placed and represented by results below the minimums, as shown in Table 2360.3 -132a, will be subject to reduced payment as outlined in Table 2360.4 -L3. Tonnage is subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8a - 4.75 mm [44] Manufactured Crushed Fines ......... (calculation) Mn/DOT Bituminous Manual Under Marshall design, when the -4.75 mm [ - #4] crushing is calculated, adjustments in target values from the composite blend must be made at the end of each days paving. If the target quantity (percent of -4.75 mm [ - #4] to be crushed) changes due to mixture proportion or composite gradation change, a new target shall be established for the next days paving. E9 Field Tensile Strength Ratio ( TSR) ....... ...........................ASTM D4867 Mn/DOT Modified At the discretion of the Materials Engineer, mixture will be sampled and tested to verify tensile strength ratio (TSR)" If the Materials Engineer requires sampling and testing, both the Contractor and the Department will be required to test these samples within 72 hours after it is sampled. Sample size shall be 50 kg [I 10 pound] minimum and split in half to provide a sample for the Department and the Contractor. The Department companion of this split shall be labeled with the date, time, Project number and approximate cumulative tonnage to date. The Department companion shall be given to the Department Street Inspector or Plant Monitor immediately or delivered to the District Materials Engineer within 24 hours of sampling, as specified by the Engineer. Mixture samples shall be taken from behind the paver unless the Engineer approves an alternate sampling location. Specimen size shall be 100 mm [4 inch] for Marshall mix design and 150 mm [6 inch] for gyratory design The Contractor may test the sample at a permanent lab site or a field lab site. (1) When utilizing Option 2 mix design, it is recommended a sample be obtained within the first 4,500 metric tons [5,000 tons] of HMA produced or by the second day of production, whichever comes first, to verify tensile strength ratio (TSR). Page 20 of 48 2360/2350 Combined Specification December 23, 2008 Minimum acceptable TSR values for production are shown in Table 2360.4 -E9. The Contractor shall stop production immediately if minimum TSR requirements are not met. The Contractor will not be allowed to resume production until anti -strip has been added to the asphalt binder. Determination of who is responsible for the cost of the anti -strip is based on Mn/DOT and Contractor TSR values as outlined in Tables 2360.4E9A, 2360.4E9B, and 2360.4E9C. When Mn/DOT is responsible for the cost of the anti - strip, payment will be made only for the cost of the anti -strip for mixtures placed on that project. Mn/DOT will not reimburse the Contractor for any delay costs associated with making changes related to this testing. Table 2360.4 -E9 Mixture Type--Minimum TSR LV and MV Gyratory Traffic Level 2 -3 Traffic Level 4 -5 Contractor Mn/DOT Contractor Mn/DOT 1 Contractor Mn/DOT 70% 60% 75% 65% 80% 1 70% Table 2360.4 -E9A LV and MV Contractor TSR Mixtures > 70 <70 Mn/DOT > 60 NA Mn/DOT TSR <60 Contractor Contractor Table 2360.4 -E9B Gyratory Level Contractor TSR 2 -3 > 75 <75 Mn/DOT > 65 NA Mn/DOT TSR 1 <65 Contractor Contractor Table 2360.4 -E9C Gyratory Level Contractor TSR 4 -5 > 80 <80 Mn/DOT > 70 NA Mn/DOT TSR <70 Contractor Contractor Another sample shall be taken and tested within the first 450 metric tons [500 tons] after production resumes. If the re -test fails to meet the minimum specified value the Contractor shall stop production immediately. Production cannot resume until the Contractor has discussed, with the Engineer, a proposal for resolving the problem. The Contractor shall not operate below the specified minimum TSR on a continuing basis. A continuing basis shall be defined as 2 or more successive tests failing the TSR requirements. The following conditions will automatically require a sample to be taken and tested: 1. A proportion change of more than 10 percent (from the currently produced mixture) for a single stockpile aggregate. 2. The discretion of the Engineer. Dispute resolution procedures for TSR are on file in the Bituminous Office. E10 Aggregate Specific Gravity ( Gsb ) ........................AASHTO T84 and T85, Mn/DOT modified At the discretion of the Dist iet Mate i Engineer aggregate stockpiles will be sampled and tested to verify aggregate specific gravity. Representative stockpile samples shall be 40 kg [90 pounds] for each aggregate component. All samples shall be split in half to provide material for both the Depaftme Owner and the Contractor. The Departm Owner companion of this split shall be labeled with the date, time, Project number and approximate cumulative tonnage to date. Page 21 of 48 2360/2350 Combined Specification December 23, 2008 The Dega Owner's companion shall be given to the Plant Monitor immediately or delivered to the Di°*ri^* Materi ^'° En ineer within 48 hours of sampling, as specified by the Engineer. Aggregate specific gravity results will be compared to the Contractor's values on the current Mix Design Report. If the results deviate beyond the tolerance specified in Table 2360.4 -M, the ni^*ri^* Materi ^'^ En ig neer will immediately contact the Contractor and issue a new Mix Design Report with the current specific gravity results. Any mixture placed following notification of new specific gravity values will be based upon Department results. The Contractor shall be notified immediately when new specific gravity values become available and what impact this will have on the calculated VMA. The dispute resolution procedure for aggregate specific gravity is on file in the Bituminous Office. Ell Moisture Content ............................................. .............................Mn /DOT 5- 693.950 Provide a mixture with moisture content not greater than 0.3 percent. The moisture content in the mixture shall be measured behind the paver or alternate approved sampling method on file in the Bituminous Office. Sampling and testing shall be conducted by the Contractor on a daily basis unless exempted by the Engineer. Sampling and testing is suggested when rain on stockpiles exceed more than 5 mm [0.2 inch] in a 24 hour period. The sample shall be stored in an airtight container. Microwave testing is prohibited. HMA that exceeds 0.3% moisture content is unacceptable. The Contractor shall take appropriate action to remove excess water from the mixture. This action may include reducing the production rate, mixing stockpile aggregates prior to placement into the feed bins, and use of covered stockpiles. E12 Asphalt Binder Samples The Contractor shall sample the first shipment of each type of asphalt binder, then sample at a rate of one per 1,000,000 liters [250,000 gallons]; sample size shall be 1.01, [1 quart]. All samples shall be taken in accordance with the Mn/DOT Bituminous Manual 5- 693.920. Sampling shall be conducted by Contractor and monitored by the Inspector. The Contractor shall record sample information on Asphalt Sample Identification Card. Promptly submit the sample to the Department Materials Laboratory in Maplewood. Contact the Department Chemical Laboratory Director for disposition of failing asphalt binder samples. F Documentation (Records) The Contractor shall maintain documentation, including test summary sheets and control charts, on an ongoing basis. The Contractor shall also maintain a file of gyratory specimen heights for all gyratory compacted samples and test worksheets. Reports, records, and diaries developed during the progress of construction activities for the Project, shall be filed as directed by the Engineer and will become the property of the Department. The Contractor shall: (1) Number test results in accordance with standard Department procedures and record on forms approved /supplied by the Department. (2) Facsimile or when approved by the Engineer, electronically transmit (email) all production test results on test summary sheets to the District Materials Laboratory and to other sites as requested by the Engineer, by 11 AM of the day following production. (2a) Include the following production test results and mixture information on the Department approved test summary sheet. Page 22 of 48 2360/2350 Combined Specification December 23, 2008 1. Percent passing on sieves listed in Table 2360.2 -E 2. Coarse and fine aggregate crushing. 3. Maximum specific gravity (G m ,,,). 4. Bulk specific gravity (Gmb)- 5. Percent total asphalt binder content (P and new added asphalt binder content. 6. Calculated production air voids (V 7. Calculated voids in mineral aggregate (VMA). 8. Composite aggregate specific gravity (G reflecting current proportions. 9. Aggregate proportions in use at the time of sampling. 10. Tons where sampled. 11 Tons represented by a test and cumulative tons produced. 12. Fines to effective asphalt ratio (F /A,). 13. Signature Line for Mn/DOT and Contractor Representative. 14. Mixture Moisture Content. 15. Mn/DOT verification sample test result. (2b) Submit copies of all failing test results to the Engineer on a daily basis. (3) Provide the Engineer with asphalt manifests or BOL's on a daily basis. (4) Provide a daily plant diary to include a description of QC actions taken (adjustment of cold feed percentages, changes in JMF's, etc.) include all changes or adjustments on the test summary sheets. (5) Provide weekly truck scale spot checks. (6) Provide a Department approved accounting system for all mixes and provide a daily and final Project summary of material quantities and types. (6a) Provide a final hardcopy summary of all quality control test summary sheets and control charts at completion of bituminous operations on the Project to the Engineer. Because Certified Plant test data often represents test data for multiple projects, it may be necessary to make duplicate copies of the data for each project. The Contractor shall also submit a diskette of the quality control summary sheets, control charts and density worksheets to the Bituminous Engineer. (7) Furnish an automated weigh scale and computer generated weigh ticket. The ticket shall indicate project number, mix designation (including binder grade), Mixture Design Report#, truck identification and tare, net mass, date and time of loading. Any deviations from the minimum information to be provided on the computer generated weigh ticket must be approved by the Engineer in writing. (8) Test summary sheets, charts, and records for a mixture produced at one plant site shall be continued from contract to contract. The Contractor shall begin new summary sheets and charts annually for winter carry-over projects. The Contractor shall begin new summary sheets and charts when an asphalt plant is re -setup in the same location after it has moved out. G Documentation (Control Charts) The following data shall be recorded on the standardized control charts, all control charts and summary sheets shall be computer generated using software approved by the Engineer. Software is available from the Mn/DOT Bituminous Office at " state. mn. us /pavement/bituminous/bituminous .asp. (1) Blended aggregate gradation, include sieves shown in Table 2360.2 -E for specified mixture. (2) Percent asphalt binder content (P (3) Maximum specific gravity (Gmm) (4) Production air voids (V (5) VMA Page 23 of 48 2360/2350 Combined Specification December 23, 2008 Individual test results shall be plotted for each test point. A solid line shall connect individual points. The moving average for each test variable shall be plotted starting with the fourth test. A dashed line shall connect the moving average points. The Department's quality assurance and verification test results shall be plotted with asterisks. Specification JMF limits shall be indicated on the control charts using a dotted line. The Engineer may waive the plotting of control charts. H JMF Limits The production air voids and VMA are based upon the minimum specified requirements as shown in Tables 2360.3 -132b and 2360.3132c. Gradations and asphalt binder content limits are based upon the current Department reviewed Mixture Design Report. Gradation control sieves include each sieve shown in Table 2360.2 -E. The mixture production targets are listed on the Mixture Design Report. JMF limits are the target plus or minus the limits shown in Table 2360.4 -H. JMF limits are used as the criteria for acceptance of materials based on the moving average. Table 2360.4 -H JMF Limits (N =4) Item JMF Limits VMA,% -0.3 Production Air Voids, % + 1.0 Asphalt Binder Content, % -0.4 Sieve - % Passing* 25, 19, 12.5, 9.5, 4.75 mm [1 inch, 3/4 inch, 1/2 inch, 3/8 inch, #4 ] + 7 2.36 mm #8 + 6 0.075 mm #200 +2.0 *JMF limits are not allowed outside the broadband requirements in Table 2360.2 -E. Hl Moving Average Calculation A moving average is the average of the last four test results. The calculation of the moving average shall continue without interruption except under the following conditions: 1) The Contractor shall begin new summary sheets and charts annually for winter carry-over projects. 2) The Contractor shall begin new summary sheets and charts when an asphalt plant is re -setup in the same site after it has been moved out. 3) When there is a significant change of the materials in the currently produced JMF or when a new design JMF, significantly different from the currently produced JMF, is approved. The Engineer will determine whether a material change is significant. JMF Bands JMF Bands are defined as the area between the target, as identified on the Mixture Design Report, and the JMF limits. J JMF Adjustment The Contractor shall begin mixture production with the materials (gradation, asphalt content, and aggregate proportions) closely conforming to the reviewed Mixture Design Report. Closely conforming shall be defined as aggregate proportions within 5 percent of the design proportions (I) and other mixture parameters within the JMF limits in Table 2360.4 -H. This requirement may be waived if the Contractor provides the District Materials Laboratory with prior documented production data showing how production affects the mixture properties or if the Contractor provides the District Materials Laboratory with a written justification or explanation of material changes since the original mixture submittal. Page 24 of 48 2360/2350 Combined Specification December 23, 2008 (1) The Contractor shall begin mixture production using all aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. Jl JMF Request for Adjustment If, during production, the Contractor determines from results of QC tests that adjustments to the mix design are necessary to achieve the specified properties, the following provisions shall apply. Unless otherwise authorized by the Dist 4et Mate - i ^'° Engineer no adjustments are allowed using aggregates or materials not part of the original mix design. The Contractor shall make a request for a JMF adjustment to the Department Bituminous Engineer or District Materials Engineer. The requested change will be reviewed for the Department by a Certified Level II Bituminous QM Mix Designer. If the request meets the design requirements in Tables 2360.3 -132a and 2360.3 -132b, a revised Mixture Design Report shall be issued. Each trial mixture design submittal as described in Section 2360.3A may have three JMF adjustments per mixture per project without charge. Additional JMF adjustments requested must be accompanied with a $500 fee per each additional JMF adjustment, payable to the Commissioner of Transportation. If a JMF change is requested for the 0.075 mm [ #200] sieve, the Fines to Effective Asphalt Ratio shall be determined on the moving average from the previous four gradation tests conducted during actual production. The adjusted JMF shall be within the mixture specification gradation design broadbands shown in Section 2360.2E. Should a redesign of the mixture become necessary, a new JMF shall be submitted. The JMF asphalt content may only be reduced if the production VMA meets or exceeds the minimum VMA requirement for the mixture being produced. Adjustments will be made as a result of an interactive process between the Contractor, Engineer, and District Materials Engineer. Consecutive requests for JMF adjustments, without production data, are not allowed. The calculation of the moving average shall continue after the JMF has been approved. Jla JMF Request for Adjustment for Proportion Change > 10% If a JMF adjustment is requested for a proportion change exceeding 10% (from the currently produced mixture) for a single stockpile aggregate, supporting production test data from a minimum of four tests run at an accelerated testing rate of 1 test per 450 metric tons [500 tons] must be included with the request for adjustment. In addition to the requirements listed above, acceptable verification and approval of the requested JMF will be based on individual and moving average test results. Individual test results must be within twice the requested JMF limits for percent asphalt binder, production air voids, and VMA. Individual gradation must be within twice the requested JMF bands. The moving average values must be within the control limits of Table 2360.4 -H. The calculation of the moving average shall continue after the change in proportions. If the mixture meets the specified quality indicators, the request for JMF adjustment will be signed by the District Materials Laboratory and considered effective from the point the proportion change was made. Failure to meet the quality indicators will result in reduced payment or removal and replacement with acceptable material. Consecutive requests for JMF adjustments without production data are not allowed. K Corrective Action -- Percent Asphalt Binder Content, VMA, and Gradation and Production Air Voids When the moving average values trend toward the JMF limits, the Contractor shall take corrective action. The corrective action taken shall be documented on summary sheets and, if applicable, a request for JMF adjustment shall be submitted to the District Materials Engineer for review and approval. All tests shall be part of the project files and shall be included in the moving average calculations. The Contractor shall notify the Engineer whenever the moving average values exceed the JMF limits. Page 25 of 48 2360/2350 Combined Specification December 23, 2008 L Failing Materials The determination of price adjustments for failing materials will be based on the criteria outlined in this Section. Material acceptance is based on individual and moving average test results. Isolated test results are used for acceptance of air voids at the start of mixture production. Generally, individual test results which are more than twice the JMF bands are considered failing. Moving average test results are considered failing when they exceed the JMF limits. The Contractor shall begin new summary sheets annually for winter carry-over projects. If the moving average values exceed the JMF limits, the Contractor shall stop production and make adjustments. The Contractor shall restart production only after notifying the Engineer of the adjustments that have been made. Testing shall resume at the accelerated rates and for the tests listed in Table 2360.4 -D for the next 1800 metric tons [2,000 tons] of mixture produced. The calculation of the moving average shall continue after the stop in production. Mixture produced where the moving average of four exceeds the JMF limits shall be considered unsatisfactory and subject to requirements of Section 2360.4L4, L5, L6, and L7. Individual test failures are discussed in Section 2360.4L1, L2, and L3. When the total production of a mixture type for the entire project requires less than four tests, acceptance of material will be consistent with the criteria outlined in Section 2360AL1, L2, and L3. When the Contractor's testing data fails to meet specified tolerances as listed in Table 2360.4 -M, quality assurance /verification data shall be used in place of the Contractor's data to determine the appropriate payment factor. Ll Isolated Failures at Mixture Start -Up - Production Air Voids At the start-up of mixture production, before a moving average of four can be established the first three (3) isolated test results for production air voids will be used for acceptance. Isolated production air voids are calculated by using the maximum mixture specific gravity and the corresponding bulk specific gravity from that single test. After four (4) samples have been tested and a moving average of four can be established, acceptance will be based on individual and moving average production air voids. If, at the start of production, any of the first three (3) isolated test results for production air voids exceeds twice the JMF bands from the target listed on the Mixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4 -L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the isolated test result is back within twice the JMF bands. When the failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. When isolated air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L2 Individual Failure at Mixture Start -Up - VMA At the start-up of mixture production, before a moving average of four can be established, the first three (3) individual test results for VMA will be used for acceptance. After 4 samples have been tested and a moving average of four can be established, acceptance will be based on individual and moving average VMA. If, at the start of production, any of the first three (3) individual VMA test results exceeds twice the JMF bands from the target listed on the Mixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4 -L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test results are back within twice the JMF limits. When the Page 26 of 48 2360/2350 Combined Specification December 23, 2008 failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. L3 Individual Failure — Gradation, Percent Asphalt Binder, Production Air Voids, and VMA Table 2360.4 -L3 Reduced Payment Schedule for individual Test Results Item Pay Factor Gradation 95% Coarse and Fine Aggregate Crushin 90% VMA 90% Asphalt Binder Content 90% Production Air Voids (individual and isolated c3� 80% (1) Lowest Pay Factor applies when there are multiple reductions on a single test. (2) Individual air voids are calculated using the moving average maximum specific gravity and the bulk specific gravity from that single test. (3) Isolated air voids are calculated from the maximum specific gravity and the bulk specific gravity from that single test. Isolated void test results are used for acceptance only for the first 3 tests after mixture production start-up. If the individual gradation test exceeds twice the JMF bands from the target listed on the Mixture Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4 -L3 shall apply to all tonnage represented by the individual test. If the individual tests for percent asphalt binder content, production air voids, or VMA exceeds twice the JMF bands from the target listed on the Mix Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4 -L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test result is back within twice the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall be calculated as described above and shall include the tonnage from the start of production that day. When individual air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L4 Moving Average Failure at Mixture Start -Up - Production Air Voids When a moving average failure occurs within any of the first 3 moving average results after mixture start-up (tests 4, 5, 6), the mixture will be considered acceptable if the individual air void, corresponding to the moving average failure is within the JMF limits. If the individual air void is not within the JMF limit, the mixture will be considered unacceptable and is subject to reduced payment. The Engineer may waive the penalty if the isolated air void corresponding to the individual air void is within the JMF limit. Reduced payment will be 70 percent of the Contract bid price. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and corresponding individual air void beyond the JMF limit to the sampling point when the individual test result is back within the JMF limit. L5 Moving Average Failure at Mixture Start -Up - VMA When a moving average failure occurs within any of the first 3 moving average results after mixture start-up (tests 4, 5, 6), the mixture will be considered acceptable if the individual VMA, corresponding to the moving average failure is within the JMF limits. If the individual VMA is not within the JMF limit, the mixture will be considered unacceptable and the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will Page 27 of 48 2360/2350 Combined Specification December 23, 2008 perform the work. Reduced payment will be 80 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and corresponding individual VMA beyond the JMF limit to the sampling point when the individual test result is back within the JMF limit. L6 Moving Average Failure - Production Air Voids A moving average production air void failure occurs when the individual production air void moving average of four exceeds the JMF limit. This mixture is considered unacceptable and is subject to reduced payment. Reduced payment will be 70 percent of the Contract bid price. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JMF limits which contributed to the moving average value that exceeded the JMF limit to the sampling point when the individual test result is back within the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. Table 2360.4 -L6 Reduced Payment Schedule for Moving Average Test Results Item Pay Factor Gradation (SEE FOOTNOTE #3 BELOW) 80 Coarse and Fine Aggregate Crushin NA (individual failures onl VMA (2) 80% Asphalt Binder Content 80% Production Air Voids (2) 70% (1) Lowest Pay Factor applies when there are multiple reductions on a single test. (2) See criteria for mixture production start-up (3) Excluding the 0.075 mm j #2001 sieve, use 95% pay factor if failure is within aggregate gradation broadband. Table 2360.2 -E L7 Moving Average Failure - Percent Asphalt Binder Content, VMA, and Gradation For mixture properties including asphalt binder content, VMA, and gradation, where the moving average of four exceeds the JMF limits, the mixture is considered unacceptable and the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. Reduced payment will be 80 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JMF limits which contributed to the moving average value that exceeded the JMF limit, to the sampling point when the individual test result is back within the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. LS Coarse and Fine Aggregate Crushing Failure If any test result for Coarse Aggregate Angularity, Fine Aggregate Angularity or -4.75 mm [- #4] calculated crushing fail to meet minimum requirements in Table 2360.3 -132a, all material placed is subject to reduced payment as outlined in Table 2360.4 -L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. M Quality Assurance The Engineer will periodically witness the sampling and testing being performed by the Contractor. If the Engineer observes that the sampling and quality control tests are not being performed in accordance with the applicable test procedures, the Engineer may stop production until corrective action is taken. The Engineer will notify the Contractor of observed deficiencies promptly, both verbally and in writing. Page 28 of 48 2360/2350 Combined Specification December 23, 2008 The Engineer may obtain additional samples, at any time, to determine quality levels. These additional samples or verification samples are described in Section 2360AN. For mixture, the Contractor shall test their portion immediately. All testing and data analysis shall be performed by the Certified Level I Bituminous Quality Management (QM) Technician. Certification shall be in accordance with the Mn/DOT Technical Certification Program. The Department shall post a chart giving the names and telephone numbers for the personnel responsible for the Quality assurance program. The Engineer shall calibrate and correlate all laboratory testing equipment in accordance with the latest versions of the Mn/DOT Bituminous Manual and Laboratory Manual. Table 2360.4 -M Allowable Differences (Tolerances) Between Contractor and Mn/DOT Test Results* Item Allowable Difference Mixture Bulk Specific Gravity (G,,, ) 0.030 Mixture Maximum Specific Gravity G mm ) 0.019 VMA Calculated 1.2 Fine Aggregate An ulari , uncom acted voids (U ) % 1 Coarse Aggregate An ulari , % fractured faces ( %P) 15 AgEegate Individual Bulk Specific Gravity ( +4.75 mm + #4) 0.040 Aggregate Individual Bulk Specific Gravity ( -4.75 mm - #4 0.040 Aggregate combined blend Specific Gravity (G, 0.020 Tensile Strength Ratio (TSR) % See Table 2360.3 -132b Asphalt Binder Content Meter Method, % 0.2 Spot Check Method, % 0.2 Chemical Extraction Methods, % 0.4 Incinerator Oven, % 0.3 Chemical vs. Meter, Spot Check, or Incinerator methods 0.4 Incinerator Oven vs. Spot Check 0.4 Gradation Sieve % passin 25.0, 19.0, 12.5, 9.5 mm 1 inch, 3/4 inch, 1/2 inch, 3/8 inch] 6 4.75 mm #4 5 2.36 mm #8 4 0.075 mm #200 2.0 *Test tolerances listed are for single test comparisons. N Verification Testing A verification sample is a sample, which is sampled and tested by Mn/DOT to assure compliance of the Contractor's Quality Control program. A verification companion is a companion sample, to Mn/DOT's verification sample, provided to the Contractor. The Contractor is required to test and use this verification companion sample as part of the QC program. The verification companion sample will replace the next scheduled QC sample. It is recommended enough material be sampled to accommodate retesting should the samples fail to meet requirements as described below. Verification testing shall be performed on at least one set of production tests Section 2360AE, excluding sections E9, E10, Ell 1, and E12, on a daily basis per mix type. The verification companion sample will be used to verify the requirements of Tables 2360.2 -E, 2360.3 -132a, 2360.3 -132b, and 2360.3 -132c and will be compared to the Verification sample for compliance with allowable tolerances as specified in Table 2360.4 -M. These include the mixture properties of G , (mixture max gravity), G (mixture bulk gravity), asphalt binder content, VMA (calculated), Coarse and Fine Aggregate crushing, and gradation. For Coarse and Fine Aggregate crushing that Page 29 of 48 2360/2350 Combined Specification December 23, 2008 meets the requirements of Section 2360AE7 and 2360AE8 the one test per week shall be performed on a verification companion. These do not include the aggregate bulk specific gravity G, fines to effective asphalt, or the tensile strength ratio (TSR). Asphalt binder content and gradation must be determined by either extraction method 2360AEIb or 2360.4EIc. Asphalt content from the verification test result must be used to determine VMA. The Department's verification test results will be available to the Contractor within 2 working days from the time the sample is delivered to the District Laboratory for Grain mixture max gravity, Gmb mixture bulk gravity, air voids (calculated), asphalt binder content, VMA (calculated). Gradation and crushing results will be provided to the Contractor within 3 Mn/DOT working days. Once the verification test results are available, they will be included on the test summary sheet. These results and those from the Contractor's verification companion will be compared for allowable tolerances as specified in Table 2360.4 -M. If the tolerances are met, the verification process is complete. If the tolerances between Department and Contractor are not met, retests of the material shall be conducted by the Department. If the retests fail to meet tolerances, the Department's verification test results will be substituted for the Contractor's results in the QC program and used for acceptance. Only those parameters out of tolerance will be substituted and, if applicable, volumetric properties will be recalculated (1). When tolerances from the verification sample retests are not met, an investigation will begin immediately to determine the cause of the difference. Testing equipment, procedures, worksheets, gyratory specimen height sheets, and personnel will be reviewed to determine the source of the problem. The District Materials Engineer may also require a hot -cold comparison of mixture properties be performed. The procedure for hot -cold comparisons is as follows: The hot -cold comparison sample will be split into three representative portions. The Engineer will observe the Contractor testing the sample. One part shall be compacted immediately while still hot (additional heating maybe required to raise the temperature of the sample to compaction temperature). The second and third part will be allowed to cool to air temperature. The Contractor will retain the second part and the third part will be transported to the District Materials Laboratory. On the same day and at approximately the same time the Contractor and the District Materials Laboratory will heat their samples to compaction temperature and compact them. From this information a calibration factor will be developed to compare the specific gravity of the hot compacted samples to reheated compacted samples. Each test will involve a minimum of three Marshall specimens or two gyratory specimens. This test may be repeated at the discretion of the Contractor or the District Materials Engineer. Note: Care must be taken when reheating samples for mixture properties analysis tests. Mix samples should be reheated to 70 °C [160 °F] to allow splitting of the sample into representative fractions for the various tests. Overheating of the mixture portions to be tested for maximum specific gravity (Rice Test) may result in additional asphalt being absorbed in the aggregate. The Department will test the previously collected QA samples until they meet the tolerances or the remaining samples are all tested. Once these samples are tested, the department will test QA samples subsequent to the verification sample until tolerances are met. Acceptance will be based on QC data with substitution of Department test results for those parameters out of tolerance (1). If reestablishment of test result tolerances is not achieved within 48 hours, the Contractor shall cease mixture production and placement until the problem is resolved. (1) If, through analysis of data, it is determined there is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. Methods to analyze data for determination of bias are on file in the Bituminous Office. 2360.5 CONSTRUCTION REQUTREMENTS A General Page 30 of 48 2360/2350 Combined Specification December 23, 2008 The following construction requirements provide for the construction of all courses. When construction is under traffic, the requirements of Mn/DOT 2221.31) will apply. B Restrictions In general, no work within the roadway will be permitted in the spring until seasonal load restrictions on roads in the vicinity have been removed. However, work within the roadbed may be permitted before that time if, in the opinion of the Engineer, it can be done without damage to the subgrade. HMA shall not be placed when, in the opinion of the Engineer, the weather or roadbed conditions are unfavorable. No asphalt pavement wearing course (final wearing course if multiple wearing courses) shall be placed after October 15th in that part of the state north of an east -west line between Browns Valley and Holyoke, nor after November 1 st south of that line. The Engineer may waive these restrictions when: (1) The asphalt mixture is not being placed on the traveled portion of the roadway, or (2) The roadway involved will not be open to traffic during the following winter, or (3) The Engineer directs in writing the mixture be placed. The Contractor shall not use petroleum distillates such as kerosene and fuel oil to prevent adhesion of asphalt mixtures in pavement hoppers, truck beds, or on the contact surfaces of the compaction equipment. Anti - adhesive agent must meet the criteria for "Effect on Asphalt" as described in the most recent Asphalt Release Agent Report on file in Mn/DOT's Office of Environmental Services and the Bituminous Office. C Equipment Cl Asphalt Mixing Plants Cla Requirement for All Plants The Contractor shall test and calibrate all scales according to Mn/DOT 1901, except as otherwise designated by the Contract. Cla(l) Equipment for the Preparation of the Aggregate Add mineral filler to the mixture using a storage silo equipped with a device to ensure a constant and uniform feed. Cla(2) Equipment for the Preparation of Asphalt Material Tanks for storage of asphalt material at the plant shall be equipped to heat the material and maintain the material at the required temperatures. The discharge end of the circulating line shall be below the surface of the asphalt material. Provide agitation for modified asphalt, when used, if recommended by the supplier. An outage table or chart and measuring stick shall be provided for each storage or working tank. Tanks shall be equipped with provisions for taking of asphalt binder material samples. After delivery of asphalt binder material to the Project, the Contractor shall not heat the material above 175 °C [350 °F]. For modified asphalt, the maximum storage temperature shall not exceed the recommendation of the asphalt supplier. Cla(3) Asphalt Binder Control When asphalt binder material is proportioned by volume, the plant shall be equipped with either a working tank or a metering system for determining asphalt binder content of the mixture. Page 31 of48 2360/2350 Combined Specification December 23, 2008 The working tank shall have a capacity between 3 800 L [1,000 gallons] and 7 600 L [2,000 gallons]. The working tank shall be calibrated and supplied with a calibrated measuring stick. The tank may be connected to a mixing unit and used only during spot check operations, but it shall be available at all times. Any feedback shall be returned to the working tank during spot check operations. The metering system shall consist of at least one approved asphalt binder flow meter in addition to the asphalt binder pump. The flow meter shall be connected to the asphalt binder supply to measure and display only the asphalt binder being fed to the mixer unit. The meter readout shall be positioned for convenient observation. Means shall be provided for comparing the flow meter readout with the calculated output of the asphalt binder pump. In addition, the system shall display in liters [gallons] or to the nearest 0.001 metric tons [0.001 tons], the accumulated asphalt binder quantity being delivered to the mixer unit. The system shall be calibrated and adjusted to maintain an accuracy of ± one percent error. This calibration shall be required for each plant set -up prior to production of mixture. Cla(4) Dryer: The aggregate shall be free of unburned fuel. C1a(5) Thermometric Equipment The plant shall be equipped with a sufficient number of thermometric instruments to ensure temperature control of the aggregate and the asphalt binder material. Cla(6) Pollution Controls Cla(6)(a) Pollution .............................................. ............................... ...........................1717 Cla(7) Surge and Storage Bins The plant may include facilities to store hot asphalt mixture for coordinating the rate of production with the paving operations. Storage of the hot mixture will be permitted for a period not to exceed 18 hours, provided the following requirements are met: (a) Hot mix storage facilities shall be designed and operated to prevent segregation of the mix, drainage of the asphalt from the mix, and to prevent excessive cooling or overheating of the mixture. (b) The temperature of the mixture at time of discharge from the storage facility shall be within a tolerance of 5 °C [9 °F] of the temperature when discharged from the silo or mixer. C2 Placement and Hauling Equipment All equipment shall be serviced away from the paving site to prevent contamination of the mixture. Units that drip fuel, oil, or grease shall be removed from the paved surface until such leakage is corrected. C2a Asphalt Payers Asphalt payers shall be self - contained, power - propelled units, with an operational vibratory screed, capable of spreading and finishing courses of asphalt plant mix material in widths applicable to the specified typical sections and thicknesses, indicated in the Contract. The screed or strike -off assembly shall produce a finished surface of the required evenness and texture without tearing, shoving, or gouging. For mainline paving, if the paving width is greater than the basic screed, auger and mainframe extensions, which meet manufacture's recommendations for the paving width, are required unless otherwise directed by the Engineer. Strike -off only extension assemblies are not allowed for mainline wearing course paving, unless directed by the Engineer. Page 32 of 48 2360/2350 Combined Specification December 23, 2008 All payers shall be equipped with an approved automatic screed control. The automatic controls shall include a system of sensor- operated devices, which follow reference lines, or surfaces on one or both sides of the paver as required. The speed of the paver shall be adjusted to produce the best results. Automatic screed control by means of an erected string line shall only be required when stated in the Contract. All mixtures shall be spread without segregation to the cross sections shown in the plans. In general, leveling layers shall be spread by the method producing the best results as approved by the Engineer. The objective is to secure a smooth base of uniform grade and cross section so that subsequent courses will be uniform in thickness. The leveling layer may be spread with a properly equipped paver or, when approved by the Engineer, a motor grader equipped with a leveling device or with other means for controlling the surface elevation of the leveling layer. All mixtures shall be spread, to the fullest extent practicable, by an asphalt paver. When approved by the Engineer, mixtures may be spread by a motor grader in areas that are inaccessible to a paver such as on driveway entrances, irregular areas, short isolated areas or when the quantity of mixture makes it impractical to place with a paver. On shoulder surfacing and uniform width widening, when the placement width is too narrow for a paver, the mixture in each course shall be spread with an approved mechanical device. The placement of each course shall be completed over the full width of the section under construction on each day's run unless otherwise directed by the Engineer. C2b Trucks Trucks for hauling asphalt mixtures shall have tight, clean, and smooth beds. Mixture shall not be allowed to adhere to the truck beds. Adherence may be prevented by spraying the truck bed with an anti- adhesive agent in accordance with Section 2360.513. Each truck shall be equipped with a cover of canvas or other suitable material to protect the mixture from weather. The cover shall extend at least 300 mm [1 foot] over the sides and be attached to tie -downs unless the truck is furnished with a mechanical or automated covering system, which prevents airflow underneath by stretching the cover tightly on the top of or inside the sideboards. The cover shall be used when directed by the Engineer. C2c Motor Graders Motor graders shall be self - propelled and have pneumatic -tires with a tread depth of 13 mm [1/2 inch] or less. They shall be equipped with a blade not less than 3 in [10 feet] in length and shall have a wheelbase of not less than 4.5 in [15 feet]. D Treatment of the Surface Dl Tack Coat An asphalt tack coat shall be applied to existing asphalt and concrete surfaces, and to the surface of each course or lift constructed, except for the final course or lift, according to Mn/DOT 2357. Emulsified asphalt tack coats shall be allowed to break, as indicated by a color change from brown to black, before a subsequent lift is placed. The contact surfaces of all fixed structures and the edge of the in -place mixture in all courses at transverse joints and longitudinal joints shall be given a uniform but not excessive coating of liquid asphalt or emulsified asphalt before placing the adjoining mixture. E Compaction Operations Page 33 of 48 2360/2350 Combined Specification December 23, 2008 After being spread, each course shall be compacted to the required density. The rollers shall, as practicable, be operated continuously so all areas are thoroughly compacted to the required density. When not operating, the rollers shall not stand on the uncompacted mixture or newly rolled pavement having a surface temperature exceeding 60 °C [140 1 17]. Rolling with steel - wheeled rollers shall be discontinued if it produces excessive crushing or pulverizing of the aggregate or displacement of the mixture. To prevent adhesion of the mixture to the steel roller wheels, the contact surfaces of the wheels shall be kept properly moistened using water or a water solution containing small quantities of a detergent or other approved material. To secure a true surface, variations such as depressions or high areas, which may develop during rolling operations, and lean, fat or segregated areas shall be corrected by removing and replacing the material in the defective area. All such corrections shall be accomplished as directed by the Engineer at no expense to the Department. When mixtures are spread by a motor grader, pneumatic -tired rollers shall compact the mixture simultaneously with the spreading operation. F Construction Joints Joints shall be thoroughly compacted to produce a neat, tightly bonded joint that meets surface tolerances. Both transverse and longitudinal joints are subject to density requirements as outlined in Section 2360.6 Pavement Density. Fl Transverse Joints A transverse joint (full paver width at right angles to the centerline) shall be constructed when mixture placement operations are suspended. The forward end of the freshly laid strip shall be thoroughly compacted by rolling before the mixture has cooled. When work is resumed, the end shall be cut vertically for the full depth of the layer unless a formed edge is constructed as approved by the Engineer. F2 Longitudinal Joints Longitudinal joints between strips shall be parallel to the centerline. In multiple lift construction, the longitudinal joints between strips in each lift shall be constructed not less than 150 mm [6 inches] measured transversely from the longitudinal joints in the previously placed lift. When the wearing course is constructed in an even number of strips, one longitudinal joint shall be on the centerline of the road. When it is constructed in an odd number of strips, the centerline of one strip shall be on the centerline of the road, provided that no joint is located in the wheel path area of a traffic lane. Longitudinal joints in multiple lift construction over Portland cement concrete pavements may be aligned directly over the concrete pavement longitudinal joints at the discretion of the Engineer. At longitudinal joints formed by placing multiple strips, the adjoining surface being laid shall, after final compacting, be slightly higher (but not to exceed 3 mm [1/8 inch]) than the previously placed strip. When constructing a strip adjoining a previously placed strip or a concrete pavement, any fresh mixture that overlaps a previously placed strip or pavement shall be removed (to the longitudinal joint line) before any rolling is done. G Asphalt Mixture Production (FOB Department Trucks) For asphalt mixture production, the Contractor shall, in addition to the asphalt mixture required on the Project, produce and deliver asphalt mixture to the Department. The mixture shall be the mixture being produced and shall be loaded on Department furnished trucks at the mixing plant at a time agreed on by the Engineer and Contractor. The Engineer will notify the Contractor of the total quantity of mixture desired not less than 2 weeks prior to completion of the wearing course construction. The Engineer will not accept the asphalt mixture if it is inappropriate for the Department's intended use. Page 34 of 48 2360/2350 Combined Specification December 23, 2008 H Small Quantity HMA Paving Unless otherwise indicated in the Special Provisions, the following provision for a small quantity of asphalt mixture shall apply. A Mixture Design Report is not required for planned project quantities less than 191,200 m mm [9,000 square yard inches 4,500 square yards per 2 inch thickness, etc]) or 450 metric tons [500 tons]. However, the Contractor shall verify in writing the asphalt mixture delivered to the project meets the requirements of Table 2360.3 -132a and Table 2360.3132b. The Department will obtain samples, as determined by the Engineer, to verify mixture requirements. These results will be used for material acceptance. Acceptance of material will be in accordance with the criteria outlined in Section 2360AL1, L2, L3, and L8. 2360.6 PAVEMENT DENSITY A General All pavements will be compacted in accordance with the Maximum Density Method unless otherwise specified in the Contract special provisions or as noted in Section 2360.6C. B Maximum Density Method All courses or layers of plant mixed asphalt mixtures for which the Maximum Density Method is used shall be compacted to a density not less than the percentage shown in the Table of Required Density, Table 2360.6 -132, for the applicable mixture and course. Bi Maximum Density Determination The Density requirements listed in Table 2360.6132 are percent of maximum specific gravity (% G,,,,,,) based on the individual lot. The Maximum specific gravity value used to calculate the percentage density for the lot shall be the average value obtained from the maximum gravity results from production tests taken during that days paving. If only one or two maximum specific gravity values were obtained that day, then the moving average value (at that test point) shall be used. If three or more maximum specific gravity values are obtained that day, then the average of those tests alone shall be used as indicated above. Bla Pavement Density Determination The density of each lot shall be expressed as a percentage of the maximum specific gravity (% G,, obtained by dividing the average bulk specific gravity for the lot by the maximum specific gravity multiplied by 100, (maximum specific gravity basis is the average Gmm of QC tests done on the day that the individual lot was paved as described above). Determination of the bulk specific gravity of the cores shall be in accordance with AASHTO T -166, Mn/DOT modified. For coarse graded mixtures the Engineer may require determination of bulk specific gravity of the cores be in accordance with ASTM D6752 Mn/DOT modified (Corelok). Both the Contractor and Mn/DOT shall use the same test method to determine bulk specific gravity. The determination of coarse and fine graded mixtures will be based on the percentage of material passing the 2.365 mm sieve [ #8] as defined in Table 2360.3 -132c. Compaction operations shall be completed within 8 hours of mixture placement and before core samples are obtained for density determination. Only pneumatic tired or static steel rollers are permitted for any compactive effort performed between 6 and 8 hours after mixture placement. Compacted mixtures represented by samples or tests having deficient densities shall not be rerolled. The Contractor shall not operate below the specified minimum density on a continuing basis. A continual basis shall be defined as all lots in a day's production failing to meet minimum density or more than 50% of lots on multiple days which fail to meet minimum density requirements. Production shall be stopped until the source of the problem is determined and corrective action is taken to bring the work into compliance with specified minimum required density. Page 35 of 48 2360/2350 Combined Specification December 23, 2008 B2 Required Density Table 2360.6 -132. Minimum density requirements for both gyratory (SP) and Marshall designed mixtures are listed in Unless otherwise indicated in the Plans or Special Provisions, shoulders wider than 1.8 meters [6 feet] paved shall be compacted by the Maximum Density Method. When shoulders are required to be compacted by the Maximum Density Method and are paved in a separate operation or have a different required minimum density than the driving lane, the lot tonnage placed on the shoulder shall be delineated in separate lots from the driving lanes for the day paving was conducted. Unless otherwise indicated in the Plans or Special Provisions a narrow shoulder, 1.8 meter [6 feet] or less wide, that is paved in the same pass as a driving lane or that is paved separately will be compacted by the Ordinary Compaction Method. Mixture compacted under Ordinary Compaction is excluded from lot density requirements and that tonnage is also excluded from incentive /disincentive payment. If the Plans or Special Provisions indicate a narrow shoulder is to be compacted by the Maximum Density Method, the minimum required density is listed in Table 2360.6 -132. If the minimum required density of the shoulder is different than the driving lane, the tonnage placed on the shoulder shall be delineated in separate lots from the driving lane. Echelon paving (two payers operating next to each other in adjacent lanes) shall be considered separate operations. Table 2360.6 -82 Required Minimum Lot Densi 1) Minimum reduced by one percent on the first lift constructed over PCC pavements. 2) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (roadway includes shoulders). B2a Lots & Core Locations Table 2360.6 -132a Lot Determination Daily SP Wear and All MV Lots Metric (ton) [English (Ton) 270* - 545 and LV Mixtures (1)(2) SP Nonwear SP Shoulders (1)(2) [601 - 1,000] 2 911- 1,455 Designed at Designated at 1,456 - 3,275 1,601 - 3,600 4 3% voids 4% voids % Gmm 92.0 93.0 93.0 92.0 1) Minimum reduced by one percent on the first lift constructed over PCC pavements. 2) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (roadway includes shoulders). B2a Lots & Core Locations Table 2360.6 -132a Lot Determination Daily Production Lots Metric (ton) [English (Ton) 270* - 545 300* - 600 1 546-910 [601 - 1,000] 2 911- 1,455 1,001 - 1,6001 3 1,456 - 3,275 1,601 - 3,600 4 3,276 - 4,545 3,601 - 5,000 5 4,546+ 5,001 + 6 *When mix production is less than 270 metric tons [300 tons], establish 1" lot when accumulative tonnage exceeds 270 metric tons [300 tons]. Divide the days production into equal lots as shown in Table 2360.6 -132a. The Engineer may require additional density lots be established to isolate areas affected by equipment malfunction/breakdown, heavy Page 36 of 48 2360/2350 Combined Specification December 23, 2008 rain, or other factors that may affect the normal compaction operations. Obtain three cores in each lot. Two cores will be taken from random locations selected by the Engineer. The third core, a companion core, shall be taken within 0.3 meters [1 foot] longitudinally from either of the first two cores. The companion cores shall be given to the Department Street Inspector immediately upon completion of coring and sawing. The random locations will be determined by the Engineer using statistically derived stratified random number tables or other approved methods of random number generation. These will also be used for partial lots. Both transverse and longitudinal joints are subject to maximum density requirements. If the random core location falls on an unsupported joint, at the time of compaction, (the edge of the mat being placed does not butt up against another mat, pavement surface, etc.) cut the core with the outer edge of the core barrel 0.3 meters [1 foot] away (laterally) from the edge of the top of the mat (joint). If the random core location falls on a confined joint (edge of the mat being placed butts up against another mat, pavement surface, curb and gutter, or fixed face), cut with the outer edge of the core barrel 150 mm ± 12.5 mm [6 inches f 0.5 inch] from the edge of the top of the mat (ex. center of 100 mm [4 inch] core barrel 200 mm ± 12.5 mm [8 t 0.5 inches] from the edge of the top of the mat). Cores will not be taken within 300 mm [1 foot] of any unsupported edge The Contractor shall be responsible for maintenance of traffic, coring, patching the core holes, and sawing the cores if necessary to the proper thickness prior to density testing. B3 Core Testing Cores will be taken and tested by the Contractor. Core locations will be determined and marked by the Engineer. The Contractor shall schedule the approximate time of testing during normal project work hours so that the Engineer may observe and record the saturated surface dry and immersed weight of the cores. Density determination will be made by the end of the next working day after placement and compaction. If multiple layers are placed in a single day, cores shall be sawn and separated for each layer, tested and reported by the end of the next working day. The Contractor will cut pavement samples from the completed work with power equipment, and restore the surface by the end of the next working day with new, well compacted mixture without additional compensation. Failure to restore the surface within 24 hours of coring shall subject the Contractor to a fine of $100 per working day, per lot, until the core holes are restored. Cores shall be cut using a 100 mm [4 inch] minimum outer diameter coring device. All samples shall be marked with the lot number and core number or letter. The cores shall be transported to the laboratory as soon as possible to prevent damage due to improper handling or exposure to heat. These companion cores may be tested by the Inspector on Department scales or transported to the Department's Field Laboratory or District Materials Laboratory. Measure each core three times for thickness prior to saw cutting, report the average lift thickness on the core sheet. These average thicknesses will contribute to thickness compliance as described in Section 2360.7A If the Department companion core test result for bulk specific gravity (G b ) deviates beyond the allowable tolerance of 0.030, substitute Department companion result for Contractor's core result and then average the Department result with the non - companion result for the lot density acceptance. If, through analysis of data, it is determined there is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. If the Gmb tolerance fails in more than 2 lots in a day of either consistently high or low differences between the companion cores then an investigation to determine the source of errors shall be conducted. Companion cores samples shall be increased to two per lot and tested until investigation is complete and tolerances are met. The Engineer may allow recoring of a sample only when the core has been damaged through no fault of the Contractor, either during the coring process or in transit to the laboratory. B4 Maximum Density Acceptance and Payment Schedule The density of compacted mixture shall be accepted by pavement cores on a lot basis. Page 37 of 48 2360/2350 Combined Specification December 23, 2008 The Contractor's cores will be used for acceptance if the determined bulk specific gravity G from AASHTO T -166, Mn/DOT modified or ASTM D6752 Mn/DOT modified (Corelok) is within ± 0.030 of the state companion G mb value. Payment for lot densities of compacted mixture shall be determined from Table 2360.6 -134 or 2360.6 -134A. Incentive and disincentive payments are for both wearing and non - wearing courses. When the density requirement has been reduced by one percent, per Table 2360.6 -132, footnote 1 & 2, payment adjustments for lot densities will be made as specified in Table 2360.6 -134A. Incentive payments are excluded when the minimum density has been reduced. However, at the Contractors request and with approval of the Engineer, the reduced density requirement may be waived and density evaluated under Table 2360.6 -134, including incentives, for first lift constructed on aggregate base, reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (reduced density shall not be waived for the first lift constructed on PCC pavements). The request and approval shall be made after the first days paving and before the third days paving begins. Once the request has been approved, evaluation of density will be in accordance with Table 2360.6 -132 (excluding footnote 2) and Table 2360.6 -134, and will remain in effect for the duration of mixture placement on that lift. The Contractor will also be responsible for compliance with any construction requirements on subsequent lifts. Table 2360.6 -134 Payment Schedule for Maximum Density Percent of Max Specific Gravity ) SP Wear All MV & LV, SP Shld (4% Void ) Percent of Max Specific Gravity (2) SP Non -Wear SP Shoulders (3% Void Percent Payment 93.6 and above 94.6 and above 104 (3) 93.1 -93.5 94.1-94.5 102 (3) 92.0-93.0 93.0-94.0 100 91.0 -91.9 92.0 -92.9 98 90.5 -90.9 91.5 -91.9 95 90.0 -90.4 91.0 -91.4 91 89.5-89.9 90.5-90.9 85 89.0-89.4 90.0-90.4 70 Less than 89.0(4) Less than 90.0 (4) Table 2360.6 -134A (1) 1% Reduced Table Percent of Max Specific Gravity (2 ) SP Wear All MV & LV, SP Shld (4% Void ) Percent of Max Specific Gravity (2) SP Non -Wear SP Shoulders (3% Void Percent Payment 91.0 and above 92.0 and above 100 90.0 -90.9 91.0 -91.9 98 89.7-89.9 90.5-90.9 95 89.4 -89.6 90.0 -90.4 91 89.2-89.3 89.5-89.9 85 89.0-89.1 89.0-89.4 70 Less than 89.0(4) Less than 89.0 (4) (1) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (roadway includes shoulders). Minimum reduced by one percent on the first lift constructed on PCC pavements (reduced density cannot be waived). (2) In calculating the percent of maximum specific gravity, report to the nearest tenth. (3) The payment in this portion of the specification shall apply only if the day's weighted average individual production air voids are within - 0.5 percent of the target air void value. The weighted Page 38 of 48 2360/2350 Combined Specification December 23, 2008 average air voids shall be based on all the mixture production tests (2360.4e) for the corresponding day and shall be weighted by the tons the corresponding test represents. (4) The HMA material represented by the lot shall be paid at a 70% pay factor, unless a single core density is less than 87.0% of the maximum specific gravity (Gmm). If a single core density is less than 87.0% of Gmm, the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. Reduced payment will be 50 percent of the Contract bid price. If the mixture is to be removed and replaced, the Contractor at his expense will remove and replace with mixture that meets the density requirement. The limits of the area to be removed and replaced will be determined by additional core samples. These additional core samples shall be taken at the same offset from centerline as the original core; unless the original low density core was taken within 0.45 in [1.5 feet] of an edge of the paver pass. In that case, the additional cores shall be taken 0.45 in [1.5 feet] from the edge of the paver pass. The densities shall be determined at 15 in [50 foot] intervals, both ahead and back of the point of unacceptable core density (less than 87.0% of Gmm), until a point of acceptable core density (87.0% of Gmm or greater) is found. If the incremental core density testing extends into a previously accepted lot, removal of the unacceptable material will be required; however, the results of these tests shall not be used to recalculate the previously accepted lot density. All costs incurred from additional coring and testing, resulting from unacceptable core density, will be paid by the Contractor. The unacceptable pavement area is to be computed as the product of the longitudinal limits so determined by the 15 in [50 foot] cores and the full width of the paver pass, laying in the traffic lane or lanes. Shoulders shall be exempt from this calculation unless density failure occurred in the shoulder area. After the unacceptable material (core density less than 87.0% of Gmm) has been removed and replaced, the density of the replacement material will be determined by the average of two cores. Payment for the replacement material will be in accordance with Tables 2360.6 -134 or 2360.6-134A, whichever applies. There will be no payment for the material removed. The remainder of the original lot shall have a 70% pay factor. C Ordinary Compaction Method Ordinary compaction shall be used for layers identified in the typical sections with a minimum planned thickness of less than 40 mm [11/2 inches], thin lift leveling, wedging layers, patching layers, driveways, areas which cannot be compacted with standard highway construction equipment. Unless otherwise indicated in the Plans or Special Provisions recreational trails shall also be compacted by ordinary compaction. The ordinary compaction method shall not be used on mainline, ramp, or loop paving, unless otherwise designated in the plans or special provisions. When density is evaluated by the ordinary compaction method a control strip shall be used to establish a rolling pattern. This shall be used by the Contractor for the compaction of the asphalt mixture for the layer on which the control strip is constructed, or until a new control strip is constructed. The control strip requirement may be waived, by the Engineer, in small localized areas or other areas not conducive to its establishment. A control strip shall be constructed at the beginning of the work on each lift of each course. Each control strip shall have an area of at least 330 m [395 square yards] and shall be of the same thickness as the lift it represents. The subgrade or pavement course upon which a control strip is to be constructed shall have the prior approval of the Engineer. The control strips shall remain in place and become part of the completed work. The materials used in the construction of the control strips shall conform to the specified requirements for the course. The materials used in the control strip shall be from the same source and of the same type as the materials used in the remainder of the course that the control strip represents. The equipment used in the construction of the control strips shall be approved by the Engineer and shall be the same type and mass used on the remainder of the pavement course represented by the control strip. A minimum of two rollers shall be required. A rolling pattern shall be established for each roller. A pneumatic -tired roller shall be available for compaction operations within 24 hours after request by the Engineer. The final rolling Page 39 of 48 2360/2350 Combined Specification December 23, 2008 shall be performed with a tandem steel - wheeled roller. Areas that are inaccessible to the conventional type rolling equipment shall be compacted to the required density by using trench rollers or mechanical tampers. Construction of the control strips will be as directed by the Engineer. Compaction shall commence as soon as possible after the mixture has been spread to the desired thickness and shall continue until no appreciable increase in density can be obtained by additional roller's coverages. Densities will be determined by means of a portable nuclear testing device or suitable approved alternate and a growth curve shall be developed to determine the optimum rolling pattern. The Contractor shall furnish documentation of the growth curve to the Engineer. To determine when no appreciable increase in density can be obtained, two test points shall be established in the control strip on a random basis and the density at each point shall be measured by a portable nuclear device or suitable approved alternate after each roller pass. Rolling shall be suspended when testing shows either a decline of more than 2% of the maximum specific gravity or when additional roller passes fail to increase the density. After said testing is accomplished, rolling on the remainder of that course shall be done in accordance with the pattern developed in the test strip for that roller. A separate rolling pattern and time interval shall be established for each roller. A new control strip shall be ordered by the Engineer when: (a) A change in the JMF is made, or (b) A change in the source of material is made or a change in the material from the same source is observed. A new control strip may be ordered by the Engineer or requested by the Contractor when: (a) Ten days of production have been accepted without construction of a new control strip, or (b) There are other reasons to believe that a control strip density is not representative of the HMA mixture being placed. The nuclear testing device shall be furnished and operated by the Contractor. The furnishing of the testing device and the operator will be considered incidental to the furnishing and placement of the HMA mixture and shall not be compensated for separately. The device shall be calibrated according to procedures described in the Mn/DOT Bituminous Manual. Each course shall be uniformly compacted until there is no further evidence of consolidation and all roller marks are eliminated. When this method is employed, and the quantity of mixture placed by the paver exceeds 100 metric tons [110 tons] per hour, at least two rollers are required for compacting the mixture placed by each paver. C1 Rollers The following requirements for rollers apply only when compaction is obtained by the ordinary compaction method. C2 Steel- Wheeled Rollers Steel- wheeled rollers shall be self - propelled and has a minimum total mass of 7.3 metric tons [8 tons], or as otherwise specified in the Contract. When vibratory rollers are used, they shall produce 45 kN per meter [3,085 lbf per foot] of width. The frequency should be at least 2400 vpm and amplitude setting low. The roller shall be capable of reversing without backlash and shall be equipped with spray attachments for moistening all rollers on both sets of wheels. Page 40 of 48 2360/2350 Combined Specification December 23, 2008 C3 Pneumatic -Tired Rollers The pneumatic -tired roller shall have a compacting width of 1.5 in [5 feet] or more. It shall be so constructed that the gross wheel load force shall be a minimum of 13 kN [3,000 pounds] per wheel for LV and MV mixtures and SP Level 2 -3 mixtures and 22 kN [5,000 pounds] per wheel for SP Level 4 -6 mixtures and can be varied as directed by the Engineer. The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. The roller may be self propelled or provided with suitable tractive equipment, unless otherwise specified in the Contract. If more than one roller is propelled by a single tractive unit, then that combination will be counted as a single roller unit. C3a Vibratory Pneumatic -Tired Rollers Vibratory pneumatic -tired rollers shall be self - propelled and have a minimum total mass of 7.3 metric tons [8 tons], or as otherwise specified in the Contract. The compacting width shall be 1.5 in [5 feet] or more. The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. C4 Trench Rollers Trench rollers shall be self propelled and have a mass of not less than 4 400 kg per meter [2,960 pounds per foot] of width. C5 Mixture Temperature Controls If compaction is obtained by the ordinary compaction method, the minimum laydown temperature in all courses (as measured behind the paver or spreading machine) of the asphalt mixture shall be in accordance with the temperature requirements of Table 2360.6 -05. Unless directed by the Engineer in writing, no paving is allowed under the Ordinary Compaction Method when the air temperature is below 0 °C [32 1 F]. Table 2360.6 -05 Mixture Temperature Control Air Tem erature Compacted Mat Thickness, min (A) °C °F 25 mm 1 inch] 40 mm 1 -1/2 inch 50 mm 2 inch >75 mm [3 inch +0 -5 32 -40 -- 129 18) [265] 124 [255 ] 121 [250] + 6 -10 41 -50 130 [2701 127 260 121 r2501 118 [245] + 11 -15 51 -60 127 260] 124 255 118 [245 ] 115 [2401 + 16 -21 61 -70 121 (B) 250 118 245 115 [2401 113 235 + 22 -27 71 -80 118 245 115 [240 113 2351 113 [235] + 28 -32 81 -90 113 235 110 [2301 110 230 110 [230 + 33 [91 +1 110 [2301 110 [2301 110 [2301 107 [2251 (A) Based on approved or specified compacted lift thickness. (B) A minimum of one pneumatic -tire roller shall be used for intermediate rolling unless otherwise directed by the Engineer. The Engineer may specify or modify in writing (with concurrence from the Department Bituminous Engineer) a minimum laydown temperature. 2360.7 THICKNESS AND SURFACE SMOOTHNESS REQUTREMENTS A Thickness After compaction the thickness of each lift shall be within a tolerance of 6 mm [1/4 inch] of the thickness shown in the Plans, except that, if automatic grade controls are used, this thickness requirement will not apply to the first lift placed. This thickness requirement will not apply to a leveling lift whether or not automatic grade controls are Page 41 of 48 2360/2350 Combined Specification December 23, 2008 required. The Engineer may require removal and replacement, at the Contractor's expense, of any part of any lift that is constructed to less than the minimum required thickness. Cores taken for density determination shall be measured for thickness also. Each core shall be measured 3 times for thickness prior to sawing. Report the average of these three measurements. Each lot's average core thickness shall be documented and submitted to the Engineer. If the average of the two Contractor cores exceed the specified tolerance, an additional two cores may be taken in the lot in question. The average of all core thickness measurements per day per lift will be used to determine daily compliance with thickness specifications. On that portion of any lift constructed to more than the maximum permissible thickness, the materials used in the excess mixture above that required to construct that portion of the lift to the Plan thickness plus 6 mm [1/4 inch] may be excluded from the pay quantities and at the discretion of the Engineer and at the Contractor's expense may be required to be removed and replaced. B Surface Requirements After compaction, the finished surface of each lift shall be reasonably free of segregated, open and torn sections, and shall be smooth and true to the grade and cross section shown on the Plans with the following tolerances: (1) Where a leveling lift is specified, it shall be constructed to within a tolerance of 15 mm [1/2 inch] of the elevations and grades established by the Engineer. This requirement shall also apply to the first lift placed other than leveling when automatic controls are used. (2) The surface of the final two lifts placed shall show no variation greater than 6 mm [1/4 inch] from the edge of a 3 in [10 foot] straightedge laid parallel to or at right angles to the centerline. Shoulder surfacing and surfacing on temporary connections and bypasses shall show no variations greater than 6 mm [1/4 inch] from the edge of a 3 in [10 foot] straightedge laid parallel to the centerline. (3) After final compaction, all final lift asphalt wearing surfaces adjacent to concrete pavements shall be slightly higher (but not to exceed 6 mm [1/4 inch] than the concrete surface. After final compaction, all asphalt surfaces adjacent to gutters, manholes, pavement headers, or other fixed structures shall be slightly higher (but not to exceed 6 mm [1/4 inch] than the surface of the structure. (4) Transverse joints (construction joints), at the beginning and end of a project, at paving exceptions, or caused by suspension of daily paving operations, shall show no variation greater than 6 mm [1/4 inch] from the edge of a 3 in [10 foot] straightedge centered longitudinally across the transverse joint. The Engineer may require correction by diamond grinding when material is placed outside the above - described limitations. (5) The transverse slope of the surface of each lift, exclusive of the shoulder wearing lift, shall not vary from the slope shown in the Plans by more than 0.4 percent. (6) The distance between the edge of each lift and the established centerline shall be no less than the Plan distance nor more than 75 mm [3 inches] greater than the Plan distance. In addition, the edge alignment of the wearing lift on tangent sections and on curve sections of 3 degrees or less shall not deviate from the established alignment by more than 25 mm [1 inch] in any 7.5 in [25 foot] section. (7) The finished surface of each lift shall be reasonably free of segregated and open and torn sections and deleterious materials. Page 42 of 48 2360/2350 Combined Specification December 23, 2008 Any material placed outside the above described limitations shall be removed and replaced after being cut or sawed at no expense to the Department or with the approval of the Engineer, allowed to remain inplace at a reduced cost calculated at $12 per square meter [$10 per square yard]. Any single occurrence of material outside the limitations described above shall be considered to have a minimum dimension of one square meter [one square yard] in any dimension. C Pavement Smoothness Specification - IRI (International Roughness Index) Cl. General Pavement smoothness will be evaluated on the final mainline pavement surface using an Inertial Profiler (IP) and the International Roughness Index (IRI). Unless otherwise authorized by the Engineer, all smoothness testing shall be performed in the presence of the Engineer. The Engineer and the Contractor shall mutually agree upon scheduling of smoothness testing so that testing can be observed. Any testing performed without the Engineer's presence, unless otherwise authorized, may be ordered retested at the Contractor's expense. The following Table 2360.7 -A (IRI) shows pavement surfaces that are excluded from smoothness testing but subject to 2360.713 surface requirements. Table 2360.7 — A (IRI) Testing Exclusions 7.62 in 25 foot feet either side of obstructions such as manholes, water supply castings, etc.* Ramps, Loops, Climbing lanes Side Streets, Side Connections Turn Lanes, Storage Lanes, Crossovers, Bypass Lanes Shoulders Intersections constructed under traffic — Begin and end the exclusion 30.5 mm [100 feet ] from the intersection radius Sections less than 7.62 in 25 foot in length Acceleration, Deceleration Lanes Projects less than 300 in 1000 feet] in length Mainline paving where the normally posted regulatory seed is less than orequal to 70 km/hr [45 miles per hour] Begin the exclusion at the si Single lift overlays over concrete *Mainline shall be included in profiling if obstructions are located in auxiliary or parking lanes CIA Smoothness Requirements Pavement smoothness requirements will be evaluated by the International Roughness Index (IRI) Equation A, Equation B, or Equation C. The pavement smoothness Equation will be identified in the Special Provisions of the proposal. Location of bumps and/or dips and magnitude will be based on California Test Method 526. C2 Measurement Smoothness will be measured with an IP, which produces both an IRI value and a profilogram (profile trace of the surface tested). The IP shall conform to the Class 1 requirements of ASTM E950 -94 and must be certified according to the most recent procedure on file in the Bituminous Office. For pavement evaluation, one pass will be made in the right wheel path of each traffic lane. The IP shall be run in the direction the traffic will be moving. Each lane will be tested and evaluated separately. The Engineer will determine the length in kilometers [miles] for each mainline traffic lane. The IP shall be operated at the optimum speed as defined by the manufacturer. Page 43 of 48 2360/2350 Combined Specification December 23, 2008 C3 Smoothness testing The Contractor shall furnish a properly calibrated, documented, and MnDOT certified IP. The IP shall be equipped with automatic data reduction capabilities. Computer programs used to calculate the IRI statistic from a longitudinal roadway profile shall follow the procedure developed by the World Bank for a quarter -car simulation as described in NCHRP report 228. Mn/DOT certification documentation shall be provided to the Engineer on the first day the IP is used on the project. IP settings are on file in the Bituminous Office. The Contractor shall furnish a competent operator, trained in the operation of the IP and evaluation of both California Test Method 526 and the International Roughness Index. The Contractor shall remove all objects and foreign material on the pavement surface prior to surface evaluation by power brooming. The pavement surface will be divided into sections which represent continuous placement. A section will terminate 7.62 in [25 foot] before a bridge approach panel, bridge surface, manhole or similar interruption. In the final pavement evaluation, a day's work joint will be included in the trace with no special consideration. A section will be separated into segments of 0.1 km [0.1 mi]. A segment will be in one traffic lane only. An IRI value shall be computed for each segment of 7.62 in [25 foot] or more. The IRI value will include the 7.62 in [25 foot] at the ends of the section only when the Contractor is responsible for the adjoining surface. End of run areas not included in the IRI value and any sections of pavement less than 7.62 in [25 foot] in length shall be checked longitudinally with a 3.028 in [10 ft] straight edge and the surface shall not deviate from a straight line by more than 6 mm in 3.028 in [1/4 inch in 10 ft]. Transverse joints shall be evaluated by centering the straightedge longitudinally across the transverse joint. The Contractor shall submit the graphical trace, a summary of the bump(s) /dip(s) locations, the magnitude of the bump(s) /dip(s) and each segment IRI value on the same day as the profiling was conducted. The Contractor shall submit a final spreadsheet summary of the smoothness data to the Engineer within five calendar days after all mainline pavement placement. The summary shall be signed by the Contractor. The spreadsheet summary shall be in tabular form, with each 0.1 km [0.1 mile] segment occupying a row. Each row shall include the beginning and ending station for the segment, the length of the segment, the final IRI value for the segment; the IRI based incentive /disincentive in dollars for the segment, and the deductions for bump(s) /dip(s) in dollars for the segment. Each continuous run will occupy a separate table and each table will have a header that includes the following: the project number, the roadway number or designation, a lane designation, the mix type of the final lift, the PG binder of the final lift, the date of the final smoothness runs, and the beginning and ending station of the continuous run. The following information shall be included at the bottom of each summary: a subtotal for the IRI based incentive /disincentive, a subtotal for the bump deductions, and a total for incentive /disincentive for both IRI values and bumps. Software to summarize the data is available from the Mn/DOT Bituminous Office at v; The Contractor will be responsible for all traffic control associated with the smoothl l ess testing and any corrective action (when applicable) that is required of the final pavement surface. C3A Retesting The Engineer may require any portion or the total project to be retested if the results are questioned. This includes both IRI values and bump /dip locations. The Engineer will decide whether Mn/DOT, an independent testing firm (ITF), or the Contractor will retest the roadway surface. Page 44 of 48 2360/2350 Combined Specification December 23, 2008 If the retested IRI values differ by more than 10% from the original IRI values, the retested values will be used as the basis for acceptance and any incentive /disincentive payments. In addition, bump /dip locations as shown by the retest will replace the original results. If the Engineer directs the Contractor or an independent testing firm to perform retesting and the original results are found to be accurate, the Department will pay the Contractor or the independent testing firm $62.14 per lane km [$100 per lane mile] that is retested, with a minimum charge of $500.00. The Contractor will be responsible for any costs associated with retesting if the original values differ by more than 10% from the retested values. C4 IRI Values The IP shall be equipped with automatic data reduction capabilities for determining the IRI values. An IRI value shall be calculated for each segment of the final pavement surface. Segments greater than or equal to 7.62 in [25 feet] and less than 161 in [528 feet] shall be evaluated as a separate segment. The IRI values shall be determined by following NCHRP report 228. The IRI values shall be reported in units of in per km [inches per mile] Both in per km and inches per mile shall be reported with two digits right of the decimal. Follow Mn/DOT rounding procedures per the Bituminous Manual Section 5- 693.730. C4a Bumps and Dips - IRI Equation A and IRI Equation B Bump /dip location will be determined in accordance with California Method 526. Bumps and dips equal to or exceeding 10.2 mm in a 7.62 in [0.4 inch in a 25 ft] span shall be identified separately. When the profile trace shows a successive, uninterrupted bump, dip; or dip, bump combination (up to a maximum of 3 alternating trace deviations that relate to one bump or dip on the roadway), identify and evaluate these occurrences as one event. The Contractor shall correct, by diamond grinding, all areas represented by bumps or dips of 10.2 mm [0.4 inch] or more as measured by California Test Method 526. However, the Engineer may allow bumps or dips of 10.2 mm to 15.2 mm [0.4 inches to 0.6 inches] in a 7.62 in [25 foot] span to be left uncorrected, and in such case, the contractor will be assessed a price deduct as specified in section C6 ( "Payment ") of this special provision. Corrected dips or bumps will be considered satisfactory when the profilogram shows the deviations are less than 10.2 mm in a 7.62 in [0.4 inch in a 25 foot] span. CO Bumps and Dips - IRI Equation C Bump /dip location will be determined in accordance with California Method 526. Bumps and dips equal to or exceeding 12.7 mm in a 7.62 in [0.5 inch in a 25 ft] span shall be identified separately. When the profile trace shows a successive, uninterrupted bump, dip; or dip, bump combination (up to a maximum of 3 alternating trace deviations that relate to one bump or dip on the roadway), identify and evaluate these occurrences as one event. The Contractor shall correct, by diamond grinding, all areas represented by bumps or dips of 12.7 mm [0.5 inch] or more as measured by California Test Method 526. However, the Engineer may allow bumps or dips of 12.7 mm to 17.8 mm [0.5 inches to 0.7 inches] in a 7.62 in [25 foot] span to be left uncorrected, and in such case, the contractor will be assessed a price deduct as specified in section C6 ( "Payment ") of this special provision. Corrected dips or bumps will be considered satisfactory when the profilogram shows the deviations are less than 12.7 mm in a 7.62 in [0.5 inch in a 25 foot] span. Page 45 of 48 2360/2350 Combined Specification December 23, 2008 C5 Surface Correction Unless otherwise approved by the Engineer, corrective work shall be by diamond grinding. Other methods may include; overlaying the area, or replacing the area by milling and inlaying. The Engineer shall approve of the Contractor's method of correcting segment(s) prior to the Contractor starting corrective work. Any corrective actions by milling and inlay or overlay shall meet the specifications for ride quality over the entire length of the correction, including the first and last 7.62 in [25 foot]. Bumps or dips in excess of 10.2 mm [0.4 inches] where evaluation is by Equation A or B or bumps or dips in excess of 12.7 mm [0.5 inch] where evaluation is by Equation C that are located at transverse joints at areas of corrective actions utilizing overlay or milling and inlay, shall be removed by diamond grinding. The Contractor shall notify the Engineer prior to commencement of the corrective action. If the surface is corrected by overlay, inlay or replacement, the surface correction shall begin and end with a transverse saw cut. Surface corrections shall be made prior to placing permanent pavement markings. In the event that permanent pavement marking are damaged or destroyed during surface correction activities, they will be replaced at no cost to the Agency. When pavement smoothness evaluation by Equation A is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 1.03 in per km [65 inches /mile] or the Engineer may assess a $560 per 0.1 km [$900 per 0.1 mile] penalty in lieu of requiring corrective work. When pavement smoothness evaluation by Equation B is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 1.18 in per km [75 inches /mile] or the Engineer may assess a $420 per 0.1 km [$675 per 0.1 mile] penalty in lieu of requiring corrective work. When pavement smoothness evaluation by Equation C is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 1.34 in per km [85 inches /mile] or the Engineer may assess a $280 per 0.1 km [$450 per 0.1 mile] penalty in lieu of requiring corrective work. Bump, dip, and smoothness correction work shall be for the entire traffic lane width. Pavement cross slope shall be maintained through corrective areas. All corrective work shall be subject to the approval of the Engineer. After all required corrective work is completed a final segment(s) IRI value and bump /dip tabulation shall be determined and submitted to the Engineer. Corrective work and re- evaluation shall be at the Contractor's expense. Segments requiring grinding will be re- profiled within two working days of completion of grinding. Individual bumps /dips and segments requiring grinding shall be completed with 15 working days of notification. C6 Payment The cost of traffic control for certified smoothness testing and/or any corrective work is incidental to the cost of the Wear course mixture. The Contractor may receive an incentive payment or be assessed a penalty based on the number of segments and the IRI value. The total ride incentive shall not exceed 10% of the total mix price for pavement smoothness evaluated under IRI Equation A, 5% of the total mix price for pavement smoothness evaluated under Equation B, or 5% of the total mix price for pavement smoothness evaluated under Equation C. Total mix shall be defined as all mixture placed on the project. Only those segments which have had no corrective work or work to improve the ride are eligible for IRI incentive payment. Incentive payment for IRI will be based on the roadway segment before corrective work is performed. Grinding of the segment into incentive payment or grinding of the Segment in order to obtain a higher incentive payment is not allowed. IRI incentive payment is independent of pay adjustment for bumps and dips. Page 46 of 48 2360/2350 Combined Specification December 23, 2008 The Contractor will not receive a net incentive payment for ride if more than 25% of all density lots (excluding longitudinal joint density) for the project fail to meet minimum density requirements. For pavement smoothness evaluated under Equation A uncorrected bumps or dips greater than or equal to 10.2 mm [0.4 inches] in a 7.62 in [25 foot] span will be assessed a price deduction of $900 per event. For pavement smoothness evaluated under Equation B uncorrected bumps or dips greater than or equal to 10.2 mm [0.4 inches] in a 7.62 in [25 foot] span will be assessed a price deduction of $675 per event. For pavement smoothness evaluated under Equation C uncorrected deviations (bumps or dips) greater than or equal to 12.7 mm [0.5 inches] in a 7.62 in [25 foot] span will be assessed a price deduction of $450 per event. Combinations of bumps and dips which arise from the same single bump or dip are considered to be one event, and shall be counted only once for the purposes of calculating price deductions. Typically, bump- dip -bump combinations, or dip- bump -dip combinations, that are confined to a 30 feet longitudinal segment are considered to be one event. Bumps or dips resulting from a construction joint will be assessed a $900 penalty, regardless of the IRI Equation used for evaluation or pavement smoothness. Incentive /disincentive payments will be based on the IRI determined for each segment and will be based on the following equations and criteria. C6a IRI Equation A* IRI m /km [inches /mile < 0.47 m /km [< 30 inches /mile] 0.47 m /km to 1.03 m /km [30 inches /mile to 65 inches /mile] 1.03 m/km [> 65 inches /mile] * Typically, 3 -lift minimum construction C6b IRI Equation B* IRI m /km [inches /mile < 0.52 m /km [< 33 inches /mile] 0.52 m/km to 1.18 m/km [33 inches /mile to 75 inches /mile] 1.18 m /km [> 75 inches /mile] * Typically, 2 -lift construction C6c IRI Equation C* IRI m/km [inches /mile < 0.57 m/km [< 36 inches /mile] 0.57 m /km to 1.34 m /km [36 inches /mile to 85 inches /mile] 1.34 m /km [> 85 inches /mile] * Typically, single lift construction 2360.8 METHOD OF MEASUREMENT A Asphalt Mixture Incentive/Disincentive $/0.1 km [S /0.1 mile] $249 [$400] $523 - (IRI x 584) [$850 - (IRI x 15)] -$560 [ -$900] Incentive/Disincentive $/0.1 km [$/0.1 mile] $168 [$270] $373 - (IRI x 395) [$600 - (IRI x 10)] -$420 [-$675] Incentive/Disincentive $/0.1 km [$ /0.1 mile] $112 [$180] $258 - (IRI x 257) [$414 - (IRI x 6.5)] -$280 [ -$450] Asphalt mixture of each type will be measured separately by mass, based on the total quantity of material hauled from the mixing plant, with no deductions being made for the asphalt materials. B Blank Page 47 of 48 2360/2350 Combined Specification December 23, 2008 Asphalt Mixtures Measured by the Square Meter [Square Yard] per Specified (mm [inch]) and for Mixtures Measured by the [Square Yard inch] Asphalt mixture of each type and for each specific lift will be measured separately by area and by thickness on the basis of actual final dimensions placed. The constructed thickness shall meet tolerances set forth in Sections 2360.7A. Page 48 of 48 SECTION 02766 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SECTION INCLUDES A. Pavement markings for control and guidance of traffic. 1.02 RELATED SECTIONS A. Section 02740 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2582 - Permanent Pavement Markings. 2. 3354 - Preformed Plastic Markings for Permanent Traffic Lane Delineation and Legends. 3. 3591 - High Solids Water Based Traffic Paint. 4. 3592 - Drop -On Glass Beads. 5. The Application Specification for Conventional Pavement Marking Materials. 6. 3- Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. 1 copy of the chosen paint lot or batch formulation. B. Pavement Marking Contractor Qualifications /Certifications. C. MnDOT Certification approvals. 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. 000034 - 08209 -0 CG 2009 Bonestroo 02766 -1 PAVEMENT MARKINGS PART 2 PRODUCTS 2.01 MATERIALS A. Paint: 1. High Solids Water Based: a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. C. Yellow Prime Pigment - Colour Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. 2. 3- Minute Dry Alkyd: a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. C. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. B. Glass Beads: 1. Conform to MnDOT Spec. 3592 for "Drop -On Glass Beads." 2.02 EQUIPMENT A. General: 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Shadow vehicle with truck- mounted attenuator shall be used on streets with posted speed equal to or greater than 40 m.p.h. or ADT greater than 1,500 vehicles per day. 000034 - 08209 -0 v 2009 Bonestroo 02766 -2 PAVEMENT MARKINGS 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 lbs /gal. 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water -based materials. PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. 3.02 SCHEDULE A. Paint Pavement Markings: 1. Place following completion of bituminous pavement: 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. 2. The Engineer will place necessary "Spotting" at appropriate points: a. Horizontal control. 000034 - 08209 -0 G 2009 Bonestroo 02766 -3 PAVEMENT MARKINGS 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. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. B. Street Surface: 1. Engineer may direct cleaning of surface as necessary immediately prior to marking application: a. Brushing with non - metallic rotary broom. b. Other cleaning method approved by Engineer. C. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F. 3.04 APPLICATION A. General: 1. Tolerance: a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2 -3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. C. Alignment: Deviations from the control guide shall not exceed 2 inches. 000034 - 08209 -0 f V 2009 Bonestroo 02766 -4 PAVEMENT MARKINGS d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4 inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 foot long stripes shall be wasted prior to beginning application with the new color. 5. Conditions: a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint: 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads: 1. Shall be applied immediately after application of paint 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. 000034 - 08209 -0 C? 2009 Bonestroo 02766 -5 PAVEMENT MARKINGS C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. 3.06 MEASUREMENT AND PAYMENT A. Lines (2582.502): 1. Lines shall be measured by the lineal foot on the basis of length actually applied: a. Separate measurement made on the basis of color and nominal width. 2. The second application shall be measured the same as the first application; for example: 1,000 LF of application painted twice would be paid as 2,000 LF. B. Messages (2582.501): 1. Messages shall be measured on the basis of each applied: a. Separate measurement will be made for each type of message. C. A Bid Item has been provided for Zebra Crosswalk White Paint (2564.618): The Bid Item shall be measured by square foot applied. D. Bid Items for pavement markings of each type are provided. Payment of each Bid Item shall be compensation in full for all.costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the Work, removal of temporary pavement markers, together with any other expenses incurred in completing the Work that are not specifically included for payment under the Contract Bid Items. E. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 V 2009 Bonestroo 02766 -6 PAVEMENT MARKINGS SECTION 02770 CONCRETE CURB AND GUTTER PART 1 GENERAL 1.01 SECTION INCLUDES A. Cast -in -place concrete curbs, and concrete curb and gutter. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base Course. B. Section 02740 - Plant Mixed Asphalt Pavement. C. Section 02775 - Concrete Walks and Driveways. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. C260 - Air - Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 -Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3137 — Coarse Aggregate for Portland Cement Concrete. 6. 3702 - Preformed Joint Fillers. 7. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete cylinder test results for all concrete pours in any given day. B. Submit design mix for each concrete mix designation used. 000034 - 08209 -0 0 2009 Bonestroo 02770 -1 CONCRETE CURB AND GUTTER 1.05 SEQUENCING AND SCHEDULING A. Coordinate resident notification of restricted driveway access with Engineer. Minimizing inconvenience to residents is a necessity to the success of the Project. B. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. C. Concrete curb and gutter construction precedes installation of pavement. PART 2 PRODUCTS 2.01 MATERIALS: A. Concrete to Conform to MnDOT Spec. 2461 and 3137, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3 10 1: a. Type 3 air - entraining concrete produced by using Type IA Air - Entraining Portland Cement. 2. Air- Entraining Admixtures: a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter: a. Manual Placement Mix No. 3A32A. b. Slip Form Placement Mix No. 3A22A. 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. 000034 - 08209 -0 0 2009 Bonestroo 02770-2 CONCRETE CURB AND GUTTER PART 3 EXECUTION 3.01 GENERAL A. 2 Bid Items are provided for Concrete Curb and Gutter: I. Concrete Curb and Gutter Design 8618: Quantities will be measured under this Bid Item when the length of any individual span of new B618 curb and gutter is equal to or greater than 100 feet in length. 2. Concrete Curb and Gutter Special: To include all "spot replacement" curb and gutter scheduled on reclaim streets that do not fall under the constraints given above (3.01.A.1.). B. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. C. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings and/or as directed by Engineer. D. Construct the style or type of curb and gutter as shown on the Drawings. For spot replacement, match existing curb style. E. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. F. Construct transition sections at inlet structures to conform to the detail on the Drawings. G. Construct concrete curb ramp depressions to conform to the detail on the Drawings. H. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. I. 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. J. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base: 1. Conform to typical sections as shown on the Drawings. 000034 - 08209 -0 C 2009 Bonestroo 02770 -3 CONCRETE CURB AND GUTTER 2. Conform to Section 02720. 3.03 FORMS A. Conform to MnDOT Spec. 2531.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein: 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.31), except as modified herein: 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2- inches coverage on all sides: a. Placement at catch basins conform to the details on the Drawings. b. Placement at service line trenches conform to the detail on the Drawings. w '� i -WWO W00M"1 0hii 68110 A. Conform to MnDOT Spec. 2531.3E and 2531.3F, except as modified herein: 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein: 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane - curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 000034 - 08209 -0 0 2009 Bonestroo 02770 -4 CONCRETE CURB AND GUTTER 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing method or method approved by the Engineer. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3J, except as modified herein: 1. Initial Backfilling: a. Follow the 72 -hour curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading: a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3K, except as modified herein: 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. 3.10 MEASUREMENT AND PAYMENT A. Bid Items have been provided for Concrete Curb and Gutter Design B618 (2531.501): Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. This Bid Item will be used for all new curb spanning a continuous 100 feet or more. 000034 - 08209 -0 © 2009 Bonestroo 02770 -5 CONCRETE CURB AND GUTTER B. A Bid Item has been provided for Concrete Curb and Gutter Design Special (2531.501). Work includes installing concrete curb and gutter sections less than 100 feet in length for any individual span. Measurement will be by lineal foot measured along the face of the curb at the gutter line. Payment shall include material, preparation, placement, finishing, protection, reinforcement, backfilling, and restoration (seeding) behind the new curb. C. A Bid Item has been provided for 7 Inch Concrete Valley Gutter (2531.604): Measurement of 7 Inch Concrete Valley Gutter shall be by the square yard of valley gutter constructed in accordance with the details shown on the Drawing. Payment shall include materials, preparation, placement, finishing, curing, protection, and backfilling. D. No separate measurement or payment for modifications at curb ramps, transition sections, or B618 curb installed at catch basins, radii, etc. E. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 2009 Bonestroo 02770 -6 CONCRETE CURB AND GUTTER SECTION 02775 CONCRETE WALKS AND DRIVEWAYS PART 1 GENERAL 1.01 SECTION INCLUDES A. Cast -in -place concrete walkways, driveways, and valley gutters. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02720 - Aggregate Base Course. C. Section 02740 - Plant Mixed Asphalt Pavement. D. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. C260 - Air - Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): I. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3137 — Coarse Aggregate for Portland Cement Concrete 6. 3702 - Preformed Joint Filers. 7. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete test results for all concrete pours in any given day. 000034 - 08209 -0 CONCRETE WALKS, U 2009 Bonestroo 02775 -1 AND DRIVEWAYS B. Submit design mix for each concrete mix used. 1.05 SEQUENCING AND SCHEDULING A. 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. B. Construct concrete valley gutter prior to the placement of the bituminous base. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461 and 3 137, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3101: a. Type 3 air - entraining concrete produced by using Type IA Air - Entraining Portland Cement. 2. Air - Entraining Admixtures: conform to MnDOT Spec. 3113: a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification: a. Manual Placement Mix No. 3Y32A. b. Slip Form Placement Mix No. 3Y22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754: 1. Curing compound shall contain a fugitive dye. D. Sub -Grade Base Material: 1. Select Granular Material: Conform to Section 02315. 2. Aggregated Base: Conforming to Section 02720. 000034 - 08209 -0 CONCRETE WALKS, C) 2009 Bonestroo 02775 -2 AND DRIVEWAYS E. Truncated Dome Panels: Approved products: 1. Armor -Tile Tactile Systems: Cast -in- place, ADA -C- 2448 -YW. F. Truncated Dome Panel Joint Sealant Compound: Approved Products: 1. Dow Corning 888. 2. Dow Corning NS Parking Structure Sealant. 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 walkway, driveways, and valley gutters at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. D. Construct concrete driveway aprons to conform to the Drawings. E. Construct concrete valley gutters to conform to the Drawings. F. Construct concrete curb ramp to conform to the Drawings. G. Verify locations with Engineer in the field prior to construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 02720 or Section 02318. Compaction of subgrade base shall conform to MnDOT Spec. 221 L3C1. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 000034 - 08209 -0 CONCRETE WALKS, © 2009 Bonestroo 02775 -3 AND DRIVEWAYS A. Conform to MnDOT Spec. 2521.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, except as modified herein: 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.31), except as modified herein: 1. Install 3 No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2 -inch coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3C1 and 2531.3F for slip form or 2531.3K for manual placement, except as modified herein: 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable Work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. B. Pedestrian Curb Ramp - Truncated Dome: 1. Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 4- inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2-inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7036F for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 000034 - 08209 -0 CONCRETE WALKS, 0 2009 Bonestroo 027754 AND DRIVEWAYS 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be a minimum of 1/8 of an inch and maximum of 3/8 of an inch in width. 6. All joints shall be cleaned and cleared of all debris prior to sealing. The concrete adjacent to the truncated dome panel shall be cured for a minimum of 7 days prior to joint sealing. Follow all other manufacturer's recommendations prior to sealing. Use only the product joint sealant specified. The joint sealant shall be applied to all joints between and around the perimeter of the truncated dome panels. The sealant shall be applied so that the depth is not less then 1/4 inch and not greater then 1/2 inch. The joint shall be tooled so that the finished sealant is 1/4 inch below the finished surface. 7. The required color of the truncated dome panels is yellow. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (Membrane Curing Method), except as modified herein: 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane - curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.30a blanket curing method, or method approved by the Engineer. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 000034 - 08209 -0 CONCRETE WALKS, O 2009 Bonestroo 02775 -5 AND DRIVEWAYS A. Conform to MnDOT Spec.2521.3E, except as modified herein: 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. 3.09 MEASUREMENT AND PAYMENT A A Bid Item for 6 Inch Concrete Driveway Pavement (2531.507) has been included in the Bid Form. Measurement shall be on the basis of in -place square foot: 1. Payment of the Bid Item shall include the following: a. Concrete materials. b. Subgrade and base preparation. C. Placement of materials. d. Finishing. e. Curing and protection. f. Reinforcement. g. Backfilling. 2. Excavation for concrete driveway aprons shall be measured and compensated per Section 02315. 3. Aggregate base beneath concrete driveway aprons shall be measured and compensated per Section 02720. B. A Bid Item for 4 Inch Concrete Walk (2521.501) has been included in the Bid Form. Measurement shall be on the basis of in -place square foot: This Bid Item will be used for all new concrete walk spanning a continuous 50 feet or more: 1. Payment of the Bid Item shall include the following: a. Concrete materials. b. Subgrade and base preparation. C. Placement of materials. d. Finishing. 000034 - 08209 -0 CONCRETE WALKS, Ci 2009 Bonestroo 02775 -6 AND DRIVEWAYS e. Curing and protection. f. Reinforcement. g. Backfilling. 2. Excavation for concrete walk shall be measured and compensated per Section 02315. 3. Aggregate base beneath concrete walk shall be measured and compensated per Section 02720. C. A Bid Item for 4 Inch Concrete Walk Special (2521.501) has been included in the Bid Form. Measurement shall be on the basis of in -place square foot. Work includes installing concrete walk sections less than 50 feet in length for any individual span: 1. Payment of the Bid Item shall include the following: a. Concrete materials. b. Subgrade and base preparation. C. Placement of materials. d. Finishing. e. Curing and protection. f. Reinforcement. g. Backfilling. 2. Excavation for concrete walk shall be measured and compensated per Section 02315. 3. Aggregate base beneath concrete walk shall be measured and compensated per Section 02720. D. A Bid Item has been provided for Pedestrian Curb Ramp With Truncated Dome (2531.602): Measurement and payment shall be per each pedestrian ramp constructed in accordance with the Drawings, including supplying and installing truncated domes: 1. Payment shall include the following: a. Concrete materials. 000034- 08209 -0 CONCRETE WALKS, Cc 2009 Bonestroo 02775 -7 AND DRIVEWAYS b. Aggregate base material. C. Subgrade and base preparation. d. Saw cutting of existing concrete sidewalk or bituminous pathway. e. Placement of materials. f. Finishing. g. Curing and protection. h. Backfilling. i. Truncated dome materials. j. Placement of truncated panels. k. Joint sealant material. 1. Protection of truncated panels during placement. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 CONCRETE WALKS, 9 2009 Bonestroo 02775 -8 AND DRIVEWAYS SECTION 02890 TRAFFIC SIGNS AND SIGNALS DIVISION SS SS -1 (1802) QUALIFICATION OF WORKERS Follow the provisions of MnDOT Specification 1802. Signal modifications (loop installations) should be completed by workers /company versed in this type of Work. SS -2 (2565) TRAFFIC CONTROL SIGNALS This work shall consist of furnishing and installing loop detectors to replace those damaged by construction activities performed as part of the Project. The locations of the anticipated damage include Winnetka Avenue, north of Bass Lake Road (County Road 10) in New Hope, Hennepin County. C -_ 0 A. The signals on the Project where damage to the loop detectors is anticipated are owned by Hennepin County. Acceptance of the new loops installed is subject to County approval. B. Any work being completed near the signal loops must be coordinated with the County prior to any disturbances. Coordination can be accomplished via the Engineer. SS -2.1 MATERIALS A Loop Detector Sealant Material The following loop detector sealants have been tested and approved: 1. 3M "Detector Loop Sealant." 2. ChemRex, Inc. "Thoroc Gold Label Flex 1P." 3. Chemque, Inc. "Q -Seal 290, Polyurethane Detector Loop Sealant." 4. Dow Corning "890 -SL Silicone Joint Sealant." No other loop detector sealants have been approved at this time. 000034 - 08209 -0 0 2009 Bonestroo 02890 -1 TRAFFIC SIGNS AND SIGNALS THE CONTRACTOR SHALL INSTALL SEALANT MATERIAL ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS. B Loop Detector Splices The Contractor shall furnish and install the following approved loop detector splice kit: - -- 82 -A Series Scotchcast Inline Splice Kit Product Number: 82 -A, UPC Number: 25016 No other loop detector splices have been approved at this time. THE CONTRACTOR SHALL INSTALL LOOP DETECTOR SPLICES ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS. ! ! ! A Loop Detector Installation NMC Conduit The Contractor shall install loop detectors in accordance with the "PREFORMED NON- METALLIC CONDUIT (NMC) LOOP DETECTOR DETAILS FOR TRAFFIC CONTROL SIGNAL SYSTEM" included in the Drawings; as marked by the Engineer; and with the applicable provisions of MnDOT Spec. 2565.3G. The loop detector roadway conductors and the loop detector lead -in cable conductors shall be properly prepared and cleaned before splicing. 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). Saw Cut Saw cut loop detectors shall be saw cut in the roadway in accordance with MnDOT Standard Plate No. 813013; as marked by the Engineer; and with the provisions of MnDOT Spec. 2565.3G, except as follows: 1. Where loop detectors to be installed in roadways to be surfaced with new bituminous pavement, the loop detectors shall be saw cut in the roadway and sealant material installed to the satisfaction of the Engineer before the bituminous wearing course is placed by the Bituminous Paving Contractor; however, the Engineer may direct the Contractor not to place the loop detectors in the roadway until pavement markings and lane striping has been determined and/or placed. 000034 - 08209 -0 C 2009 Bonestroo 02890 -2 TRAFFIC SIGNS AND SIGNALS 2. Area to be saw cut shall be thoroughly cleaned by sweeping, washing, or blowing surface clear of dirt and debris. Loop detectors and loop detector lead -in will be marked on pavement by the Engineer or County. 3. Loop detector saw cuts shall be a uniform depth of 65 mm (2.5 inches) +/- 6 mm ( +/- 1/4 inch) and 3 mm (0.125 inch) wider than the outer diameter of the tubing. The Contractor shall avoid crossing concrete joints or cracks. However, if a concrete joint or crack must be crossed, the Contractor shall double saw cut across crack or joint to allow for expansion or shifting at point of crack. All loop corners shall be square. Corners shall be drilled with 25 mm (1 inch) to 32 min (1 -1/4 inch) diameter drill to a depth of 6 mm (1/4 inch) deeper than saw cut. Corners shall be rounded to prevent damage to the conductors or tubing. 4. The Contractor shall furnish and install from the end of the saw -cut to the adjacent handhole a 21 mm (3/4 inch) N.M.C. (or R.S.C.) conduit for a single loop detector, or a 35 mm (1 -1/4 inch) R.S.C. (or N.M.C.) conduit for 2 or more loop detectors, at a 45 degree angle where intersecting the saw cut. Top of conduit shall be reamed and installed 25 mm (1 inch) below bottom of saw cut. A conduit bushing shall be furnished and installed on the handhole end of conduit. The conduit shall be a minimum 460 mm (18 inches) from curb apron or shoulder. A conduit, which crosses a lane of traffic shall be R.S.C. 5. All loop detector saw cuts shall be cleaned and flushed of foreign material using a combination of air and water, and dried with compressed air prior to installation of loop detector conductors. Dry sawing does not require water flushing, however, the saw cut shall be cleaned of all foreign material. 6. Before installation of loop detector conductors, the Contractor shall install a bead of approved loop detector sealant in saw cut slot to within 160 mm (6 inches) of the conduit that runs from the end of the saw -cut to the adjacent handhole. 7. The Contractor shall install the clean and dried loop detector conductors continuous and wound in a clockwise direction. The loop detector conductors shall be pushed to the bottom of the saw -cut with a blunt instrument to avoid damaging tubing or conductors. The Contractor shall install 13 mm (2 inch) diameter by 25 mm (1 inch) backer rod at 600 mm (2 foot) intervals to ensure that the conductors are at the bottom of the saw cut. 8. Loop detector conductors shall be twisted 9 turns per meter (3 turns per foot) through the conduit to the handhole. 9. Loop detector lead -in conduit shall be sealed with oakum and duct seal to prevent loop detector sealant from entering conduit. 000034 - 08209 -0 n 2009 Bonestroo 02890 -3 TRAFFIC SIGNS AND SIGNALS 10. The loop detector roadway conductors and the loop detector lead -in cable conductors shall be properly prepared and cleaned before splicing. 11. Loop detectors shall be spliced using an approved splice kit as specified elsewhere in these Special Provisions. 12. 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). 13. Seal loop detector conductors with an approved loop detector sealant in accordance with the manufacturer's instructions. Each loop detector shall have 4 turns of wire. C Wiring Installation of electrical cables and conductors and all electrical wiring shall be in accordance with the applicable provisions of MnDOT Spec. 2565.3J, and as follows: The Contractor shall pull cables and conductors through non - metallic conduit (NMC) with a pull rope, in such a manner, as to not split or otherwise damage the NMC conduit due to "pull rope abrasion." If the Contractor damages the NMC conduit, the Contractor shall replace the damaged portion of the NMC conduit to the satisfaction of the Engineer. ml �� i XV �► iowlI_ 7 Ti /►T f oleo1 Loop Detectors Disturbed With The Street Improvements: Remove the damaged loop detectors as directed by the County. Install new NMC loop detectors as specified. A Bid Item has been provided for Loop Detector Special (2565.602). Measurement will be per each new loop detector installed to replace an existing loop damaged by the work under this Contract. Payment will be considered compensation in full for all work associated with removing the damaged loop and installing a new loop in accordance with the Specifications and meets Hennepin County's expectation. END OF SECTION 000034 - 08209 -0 (0 2009 Bonestroo 02890 -4 TRAFFIC SIGNS AND SIGNALS SECTION 02920 LAWNS AND GRASSES PART 1 GENERAL 1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. 1.02 RELATED SECTIONS A. Section 01570 - Temporary Erosion and Sediment Control. B. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01330. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 000034 - 08209 -0 0 2009 Bonestroo 02920 -1 LAWNS AND GRASSES 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. The establishment period for sod is 60 days. 2. The establishment period for seeded areas is 1 year. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL: Select Topsoil Borrow Special conforming to MnDOT Spec. 3877.213, except as modified herein. A. Material must be screened and pulverized. 2.02 FERTILIZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10 -10 -10 (NKP). 2.03 SOD: Conform to MnDOT Spec. 3878.2A. 2.04 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. B. General Roadside: Conform to MnDOT Mixture 250. C. Temporary Spring Cover: MnDOT Mixture 110. D. Temporary Fall Cover: MnDOT Mixture 100. E. Temporary Mix: MnDOT Mixture 130. 2.05 MULCH: Conform to Section 01570. 000034 - 08209 -0 © 2009 Bonestroo 02920 -2 LAWNS AND GRASSES 2.06 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. D. Delivery: 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod, from drying out and seed from contamination. E. Storage: 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.02 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.313. 000034 - 08209 -0 n 2009 Bonestroo 02920 -3 LAWNS AND GRASSES C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C: 1. Apply fertilizer at a rate of 400 lbs. per acre (9.21bs. /1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs. /1,000 sq. ft.). 3.03 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the mixes specified. 3.04 PLACING SOD A. Conform to MnDOT Spec. 2575.3I. 3.05 MULCH: Conform to Section 01570. 3.06 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following seeding in accordance with MnDOT Spec. 2575.3J, and as modified below. B. Raking or harrowing of soil /seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re- seeded and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one- time proper installation is acceptable. 3.07 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his /her expense. 000034 - 08209 -0 C0 2009 Bonestroo 02920 -4 LAWNS AND GRASSES C. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. D. Watering of sod areas shall be done for a minimum period of 60 days from installation sufficient to ensure establishment of permanent vegetation. 3.08 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. C. When inspected landscape work does not complywith 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 one species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. 3.09 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Sodding Type Lawn (2575.505): Measurement will be based upon units of square yards of sod installed complete in place as specified, including installing topsoil, soil amendments, furnishing and installing sod, preparation of surface maintenance, and all incidental items associated with the Work. B. A Bid Item has been provided for Seeding (2575.501): Measurement will be based upon units of acres for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, and all correlated activity. C. A Bid Item has been provided for Select Topsoil Borrow Special (LV) (2575.607): Measurement will be based upon units of cubic yards of material (loose volume) furnished and placed complete in place as specified. The actual quantity installed multiplied by the Bid Unit Price will be considered payment in full for all work and costs of this Bid Item. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034- 08209 -0 C 2009 Bonestroo 02920 -5 LAWNS AND GRASSES This Page Left Blank Intentionally SECTION 02965 FULL DEPTH RECLAMATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Reclamation of the existing bituminous surfacing and a portion of the existing base material. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02318 - Subgrade Preparation. C. Section 02720 - Aggregate Base Course. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 4. 3149 - Granular Material. 1.04 SEQUENCING AND SCHEDULING A. Reclamation will be performed if pavement removal is not required. B. Compaction of the reclaimed material by rubber -tired roller is required immediately following the reclamation process, and before excavation and removal of excess material. PART 2 PRODUCTS Not Used. 000034 - 08209 -0 C 2009 Bonestroo 02965 -1 FULL DEPTH RECLAMATION PART 3 EXECUTION 3.01 GENERAL A. Create an aggregate base course composed of the existing bituminous pavement and a portion of the existing subgrade material. B. The top 5.5 inches, or as specified on the Drawings, of the reclaimed material will need to be excavated and removed to allow for the new bituminous pavement. C. Any bituminous pieces larger than 3 inches, which are visible on the grade during the reclamation process, shall be removed from the grade. The Engineer may require corrective action when there are excessive oversize bituminous pieces. D. Disposal of the oversize bituminous pieces, within the right -of -way, will not be permitted. Any oversize bituminous pieces found in the right -of -way shall be removed by the Contractor and at the Contractor's expense. A. The Contractor is to provide a 48 -hours notice prior to beginning the reclamation process. 3.03 EQUIPMENT A. Contractor to notify the Engineer of the equipment to be used at the preconstruction conference: 1. Equipment to be hydrostatically driven. 2. Computerized operation controls. 3. Capable of cutting up to a 12 -inch depth in 1 pass. 3.04 THICKNESS REQUIREMENTS A. Typical Reclaimed Section: 1. The existing section approximately consists of 8 to 9 inches of bituminous, 10 to 11 inches of subgrade material, for a total of approximately 19 inches. 2. Rotating cutter drum to operate parallel to the existing road surface, providing a uniform 10 -inch section across the entire roadway. 3. The reclaimed depth is anticipated to be 12 inches; however, if variations occur, consult with the Engineer regarding changes in the reclaim depth. 000034 - 08209 -0 © 2009 Bonestroo 02965 -2 FULL DEPTH RECLAMATION 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Reclaim Bituminous Pavement (2331.604): Measurement will be by the square yard, based on the width of the existing street: 1. Payment for leveling and compaction of the material immediately after it is reclaimed is to be included in the Bid Unit Price per square yard. 2. The Bid Unit Price is to include the motor grader and any water necessary to maintain the street until paved. B. Removal of excess material will be paid 1 of 2 ways: 1. If the reclaimed material is salvaged and used as aggregate base, the measured amount of material salvaged and reused will be paid in accordance with Section 02720. 2. If the reclaim material is hauled directly from the Site or used for access maintenance somewhere within the Project area, the amount hauled away will be paid in accordance with Section 02315. C. Finish grading and tolerancing prior to paving is considered incidental to the reclamation. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 08209 -0 C0 2009 Bonestroo 02965 -3 FULL DEPTH RECLAMATION This Page Left Blank Intentionally