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IP #855For the full report on City Council agenda packets and/ 0 0 M Planning Commission agenda packets. PROJECT NO. 855 45 Ave P o n d Item 8.3 6/8/09 Motion authorizing the preparation of a feasibility report for construction of a water quality pond in the area of 45t Avenue and Winnetka Avenue Item 8.5 6/22/09 Update regarding the proposed improvements to a pond located in the area of 45th Avenue and Winnetka Avenue (improvement project no. 855) Res. 2010 -113 7/26/10 Presentation and acceptance of the feasibility report and authorizing the preparation of plans and specifications for the proposed construction of a water quality pond located in the area of 45th Avenue and Winnetka Avenue (improvement project no. 855) Res. 2010 -136 9/27/10 Resolution approving plans and specifications, and ordering the advertisement for bids for improvements to the 45 regional pond (improvement project 855) Item 8.2 9/27/10 Motion approving the cooperative agreement for New Hope's 45th Avenue pond project (improvement project 855) Res. 10 -157 11/8/10 Resolution awarding a contract to Minnesota Dirt Works Inc. in the amount of $93,670 for improvements to the 45t Avenue regional pond (improvement project 855) Item 6.5 12/13/10 Motion approving the city's "Wetland Delineation Report" and the Wetland Conservation act's "Replacement Plan Application" for the 45th Avenue pond improvements (improvement project 855) Res. 11 -132 9/26/11 Resolution accepting the 45th Avenue regional pond project and approving the final pay request to Minnesota Dirt Works Inc. for $4,514.87 (improvement project 855) PROJECT NO. 855 45t Avenue Pond Item 8.3 6/8/09 Motion authorizing the preparation of a feasibility report for construction of a water quality pond in the area of 45 Avenue and Winnetka Avenue Item 8.5 6/22/09 Update regarding the proposed improvements to a pond located in the area of 45 Avenue and Winnetka Avenue (improvement project no. 855) Res. 2010 -113 7/26/10 Presentation and acceptance of the feasibility report and authorizing the preparation of plans and specifications for the proposed construction of a water quality pond located in the area of 45th Avenue and Winnetka Avenue (improvement project no. 855) Res. 2010 -136 9/27/10 Resolution approving plans and specifications, and ordering the advertisement for bids for improvements to the 45th regional pond (improvement project 855) Item 8.2 9/27/10 Motion approving the cooperative agreement for New Hope's 45th Avenue pond project (improvement project 855) Res. 1.0 -157 11/8/10 Resolution awarding a contract to Minnesota Dirt Works Inc. in the amount of $93,670 for improvements to the 45t Avenue regional pond (improvement project 855) Item 6.5 12/13/10 Motion approving the city's "Wetland Delineation Report" and the Wetland Conservation act's "Replacement Plan Application" for the 45t Avenue pond improvements (improvement project 855) Res. 11 -132 9/26/11 Resolution accepting the 45t Avenue regional pond project and approving the final pay request to Minnesota Dirt Works Inc. for $4,514.87 (improvement project 855) COUNCIL Originating Department Public Works By: Guy Johnson, Director Approved for Agenda September 27, 2010 Kirk McDonald, Ci Agenda Section Development & Item No. 8.2 Motion approving the cooperative agreement for New Hope's 45th Avenue pond project (improvement project No. 855) Requested Action Staff is recommending that the Council approve a cooperative agreement for 45th Avenue regional pond improvements between the Shingle Creek Water Management Commission (SCWMC) and the city of N Hope. The agreement is for construction and partial funding of improvements to the pond located off 45th Avenue, just west of Winnetka Avenue. Policy /Past Practice An improvement project for an existing pond at this location is part of the city's 2008 local water management plan. Background Staff has recommended that the city improve and expand the treatment capacity of an existing pond off 45th Avenue, just west of Winnetka Avenue. The work would be coordinated with storm water improvements along 45th Avenue, with a future improvement project to the 45th Avenue and Xylon Avenue infrastructure. The proposed pond project was approved to be included in SCWMC's CIP at the commissions September 9, 2010, meeting. Included in this evening's development and planning section of the agenda is a resolution approving plans and specifications, and ordering advertisement for bids for improvements to the 45th Avenue regional pond. Funding Preliminary cost estimates are $550,000 for both the pond improvements and the storm water infrastructure improv ements necessary to 45th Avenue. The pond improvement costs are currently estimated at $328,000 of MOTION SECOND BY BY 1 L7 �) 6 UIA—, M :RFA \Pubworks\2010 \855 Coonerative AnrP.P.mP.nt Shinnla Craek Request for Action, Page 2 September 27, 2010 that figure. The storm water infrastructure improvements necessary to 45th Avenue would be coordinated with a future 45th Avenue improvement project. Funding for the pond would be through SCWMC's CIP, to a maximum of $82,500; a $160,000 grant that SCWMC received from the Board of Water and Soil Resources; the city's storm water fund; and possibly some state aid funds. Attachments A letter from SCWMC's Administrator; SCWMC's resolution for their major plan amendment, which includes the 45th Avenue pond; the city attorney's memorandum; the agreement between SCWMC and the city for 45th Avenue pond improvements; copies of attachments one and two; and maps of the area are attached. JAI swbestroo JA Rosene cloh A4M63tcs Legend ED Contributing Watershed Boundary x I � %ail � ?'�i� ", II V J I ij I R iWill t �; `�; �� ; �,/ I it �' ��jjl► I i� ° )�, ;�` I Jill I ii 7 Ic fl 101, Ir - - - - - - - - - ------ Q-1 is 13 { I i it IN U < h j in 7 NVId ONIaYd�) QNOd 8 SSS'CN 103(0 d All:) IN ONod 3nN3AV HISt S 3W3AOddWI V-LOS:INNIW'3dOH M3N x I � %ail � ?'�i� ", II V J I ij I R iWill t �; `�; �� ; �,/ I it �' ��jjl► I i� ° )�, ;�` I Jill I ii 7 Ic fl 101, Ir - - - - - - - - - ------ Q-1 is 13 { I i it IN U < h j in 7 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEI•Ax (763) 493 -5193 e -mail lawn jspattorneys.com Date: September 20, 2010 To: Guy Johnson From: Steve Sondrall Re: Cooperative Agreement For 45 th Avenue Pond Project At your request I have reviewed the Cooperative Agreement For the 45 Avenue Pond Agreement. Basically, the Agreement is very neutral to the Shingle Creek Watershed Management Commission and the City. I can recommend that the City enter into this Agreement with the Shingle Creek Watershed Management Commission. However, the City should be aware of the following provisions of the Agreement and Grant Contract made part of the Agreement. It is my understanding we will receive funding for construction of the project from two sources. First, the City will be the sub - recipient of a $160,000.00 grant from the Minnesota Board of Water and Soil Resources. Second, we will receive an additional $82,500 from the Shingle Creek Watershed Management Commission from a Commission tax levy, less out -of — pocket expenses incurred by the Commission in connection with the levy and project. The $82,500.00 tax levy funds are "not to exceed" funds meaning the City will receive the funds if the project costs are documented and justified (see section 5 of the Cooperative Agreement). Also, the City's receipt of the $82,500.00 tax levy funds is conditional upon the Commission receiving the funds from the County pursuant to the County's tax settlement procedure. The tax levy funds will not be available until 2011 and the City cannot apply to the Commission for reimbursement until completion of the project and submittal of as- builts to the Commission. The City will receive the $160,000.00 grant in two installments. First, we will receive 90% of the grant after we issue a notice to proceed to our contractor. The remaining 10% will be paid when the project is completed and as- builts are submitted to the Commission (see section 7(b) of the Cooperative Agreement). The City will be responsible for preparation of plans and specifications for the project subject to the approval of the Commission's consulting engineer (see Section 2 of the Cooperative Agreement). Also, the City will be required to let the contract and supervise and administer construction of the project (see section 3 of the Cooperative Agreement). Section 3 also will require the City to insure the Commission is named as an additional insured on all contractor insurance policies relating to the project as well as being indemnified by the contractor with the City for the contractor's work on the project. Further, the City will bear the responsibility to pay all project costs in excess of the grant funds and tax levy funds regardless of the reason for the excess costs (see section 6 of the Cooperative Agreement). The City, as a sub - grantee of the State funds received from the Minnesota Board of Water and Soil Resources, will be obligated to the terms of the Grant Contract and more specifically paragraphs 7 -16 of MEMORANDUM —PAGE 1 the Contract. The Grant contract requires the project to be completed by no later than December 31, 2011. Also, both the Grant Contract and Cooperative Agreement subject the City to detailed record keeping. The extent of the record keeping is not defined however our records must be made available to both the State and Commission at any reasonable time. I recommend we keep very good records of our expenses for this project. Also, see Section 8 of the Grant contract. We need to keep our records for this project for a minimum of 6 years after completion of the project. Our records will be subject to a State Audit for that length of time. I will assume we have secured easements or own the land where the project will be built. This is an obvious requirement of the Cooperative Agreement (section 10 of the Cooperative Agreement). Further, the City will be responsible for ownership and maintenance of the project improvements into perpetuity. This means permanently. The remaining language of the Cooperative Agreement and Grant Contract is legal boiler plate I have no issue with. My only real concern is a better definition of the information we need to provide the Commission to receive reimbursement of the $82,500.00 tax levy funds and possibly a not to exceed figure on the Commission's out -of — pocket expenses to be deducted from these funds. Please contact me if you have any additional questions I have not addressed or further clarification of the terms of the Cooperative Agreement or Grant Contract. MEN40RANDUM - PAGE 2 i SS it t Y September 20, 2010 Mr. Kirk McDonald City Manager City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 re e k watershed management Commission 3235 Fernbrook Lane N • Plymouth, MN 55447 Phone (763) 553 -1144 • Fax (763) 553 -9326 www.shinglecreek.org Re: New Hope 45th Avenue Pond Project Dear Mr. McDonald: At its September 9, 2010 meeting, the Shingle Creek Watershed Management Commission approved the 45th Avenue Pond Project for funding as part of its Second Generation Watershed Management Plan Capital Improvement Program. A copy of Resolution 2010 -02 approving the project and designating the City of New Hope as the member city to construct the project is attached, together with two copies of an agreement for reimbursement, which was also approved by the Commission. Upon execution, please return one copy of the agreement to the Commission at the address above. If you have any questions about the agreement, please contact the Commission's legal counsel, Charles LeFevere, at 612- 337 -9215. Thank you for your cooperation in this project. Very truly yours, WM—�� ffi Judie A. Anderson Administrator JAA:tim Cc w /encls via email: Dan Stauner, Shingle Creek Commissioner Jason Quisberg, Bonestroo & Associates Paul Coone, City of New Hope Ed Matthiesen, Wenck Associates Charles LeFevere, Kennedy & Graven Encls: Resolution 2010 -02 Cooperative Agreement 45th Avenue Pond Project Attachment One: Feasibility Report Attachment Two: FY2010 BWSR Competitive Grant Agreement Z: \Shingle Creek \CIPs \2010 Projects \45th Ave Pond \L_New Hope_Transmitting Agmt.doc Csts � la- Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale October 1, 2010 Ms. Judie Anderson 3235 Fernbrook Lane N. Plymouth, MN 55447 Dear Judie: At its meeting of September 27, 2010, approved the Cooperative Agreement for New Hope 45 Avenue Pond Project. Enclosed is a fully executed original of said agreement. Please contact me if you have any questions. Sincerely_, /LQ Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works f •, 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 SHINGLE CREEK WATERSHED MANAGEMENT COMMSSION RESOLUTION NO. 2010-02 ORDERING 2010 EUPROVEMENTS, DESIGNATING MEMBERS RESPONSIBLE FOR CONSTRUCTION, AND MAKING FINDINGS AND CERTIFYING COSTS TO HENNEPIN COUNTY PURSUANT TO MINNESOTA STATUTES, SECTION 103B.251 WHEREAS, on May 10, 2007, the Commission adopted a Major Plan Amendment to its Shingle Creek and West Mississippi Second Generation Watershed Management Plan; and WHEREAS, the Major Plan Amendment adopted a revised Cost Share Policy, a revised Capital Improvement Program (CIP), and a Water Quality Plan establishing water quality goals for the lakes, streams, and wetlands in the watershed; and WHEREAS, said Major Plan Amendment specified a county tax levy under Minn. Stat., § 103B.251 as the source of the Commission's share of funding for projects proposed in the Commission's CIP; and WHEREAS, the Commission has subsequently adopted Major PIan Amendments revising the CIP to add or modify projects; and WHEREAS, on July 8, 2010 the Commission received Feasibility Studies on four proposed CIP projects: the Twin. Lake Wetland 639W Improvement Project, New Hope 45th Avenue Pond, Shingle Creek Restoration CR 10 to I -694, and Minneapolis 37th Avenue Greenway, hereby referred to collectively as the "2010 Projects," and WHEREAS, on September 9, 2010, following published and mailed notice in accordance with the Commission's Joint Powers Agreement and Minnesota Statutes, Section 103B.251, the Commission conducted a public hearing on the 2010 Projects. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Shingle Creek Watershed Management Commission as follows: 1. The 2010 Projects will be conducive to the public health and promote the general welfare and is in compliance with Minnesota Statutes, Sections 103B.205 to 103B.255 (the "Act") and with the Commission's surface water management plan as adopted and amended in accordance with the Act. 2. The cost of the 2010 Projects is estimated to be $5,410,000, such amount including the cost of the Twin Lake Wetland 639W Improvement Project at $570,000, the New Hope 45th Avenue Pond at $330,000, the Shingle Creek Restoration CR 10 to 1 -694 project at $510,000, and the Minneapolis 37th Avenue Greenway project at $4,000,000. 3. The Commission receives, accepts and approves the feasibility report for the Twin Lake Wetland 639W Improvement Project prepared by Wenck Associates, Inc., which project is hereby ordered. The Project is described generally as the modification of the outlet of wetland 639W through the construction of a sheet pile weir just upstream of the outlet and the construction of an upstream outlet structure and high flow overflow channel. 4. Up to $142,500 of the costs of the Twin Lake Wetland 639W Improvement Project will be paid Z: \SHAIGLE CREEK\REsoLu noNs\2010\ZO 10 -02 ORDERING 2010 SCWMC PROJECTS vIDW by the Commission from proceeds received from Hennepin County pursuant to Minnesota Statutes, Section 103B.251. Additional costs will be paid by grants and by the Cities of Brooklyn Center, Brooklyn Park, Crystal, New Hope, and Robbinsdale, but no costs will be charged to other members of the Commission. 5. The City of Crystal is designated as the member responsible for contracting for the construction of the Twin Lake Wetland 639W Improvement Project, and the engineer designated for preparation of plans and specifications is the Crystal City Engineer, or other substitute engineers selected and retained by the City of Crystal. Contracts for construction shall be let in accordance with the requirements of law applicable to the City of Crystal. 6. The Commission receives, accepts and approves the feasibility report for the New Hope 45th Avenue Pond prepared by Bonestroo, which project is hereby ordered. The Project is described generally as the conversion of a dry pond to a wet treatment pond through modifications to the inlet and outlet. 7. Up to $82,500 of the costs of the New Hope 45th Avenue Pond project will be paid by the Commission from proceeds received from Hennepin County pursuant to Minnesota Statutes, Section 103B.251. Additional costs will be paid by grants and by the City of New Hope, but no costs will be charged to other members of the Commission. The City of New Hope is designated as the member responsible for contracting for the construction of the New Hope 45th Avenue Pond, and the engineer designated for preparation of plans and specifications is the New Hope City Engineer, or other substitute engineers selected and retained by the City of New Hope. Contracts for construction shall be let in accordance with the requirements of law applicable to the City of New Hope. The Cooperative Agreement for the New Hope 45th Avenue Pond Project between the Commission and the City of New Hope is approved and the Chair and Secretary are authorized and directed to execute the agreement. 9. The Commission receives, accepts and approves the feasibility report for the Shingle Creek Restoration CR 10 to I -694 project prepared by Wenck Associates, Inc., which project is hereby ordered. The Project is described generally as the construction of stream corridor improvements including streambank stabilization in eroding areas; removal of select trees to reduce canopy density; establishing or enhancing buffer vegetation; and installation of rock vanes and varied substrates. 10. Up to $127,500 of the costs of the Shingle Creek Restoration CR 10 to I -694 project will be paid by the Commission from proceeds received from Hennepin County pursuant to Minnesota Statutes, Section 103B.251. Additional costs will be paid by grants and by the City of Brooklyn Center, but no costs will be charged to other members of the Commission. 11. The City of Brooklyn Center is designated as the member responsible for contracting for the construction of the Shingle Creek Restoration CR 10 to I -694 project, and the engineer designated for preparation of plans and specifications is the Brooklyn Center City Engineer, or other substitute engineers selected and retained by the City of Brooklyn Center. Contracts for construction shall be let in accordance with the requirements of law applicable to the City of Brooklyn Center. The Cooperative Agreement for the Shingle Creek Restoration CR 10 to 1-694 project between the Commission and the City of Brooklyn Center is approved and the Chair and Secretary are authorized and directed to execute the agreement. 12. The Commission receives, accepts and approves the feasibility report for the Minneapolis 37th Avenue Greenway project prepared by Barr Engineering, which project is hereby ordered. The Project is described generally as the abandonment of the roadway along 37th Avenue North and Z:\SHNGLECREEK\REsoLuTioNs\2010\2010-02ORDERiNG2010 SCWMC PROJECTS v2.DOC replacement with a bike /pedestrian trail and greenway, underground and surface stormwater detention, filtration rain gardens, and structural stormwater treatments. 13. Up to $250,000 of the costs of the Minneapolis 37th Avenue Greenway will be paid by the Commission from proceeds received from Hennepin County pursuant to Minnesota Statutes, Section 103B.251. Additional costs will be paid by the City of Minneapolis, but no costs will be charged to other members of the Commission. 14. The City of Minneapolis is designated as the member responsible for contracting for the construction of the Minneapolis 37th Avenue Greenway, and the engineer designated for preparation of plans and specifications is the Minneapolis City Engineer or other substitute engineers selected and retained by the City of Minneapolis. Contracts for construction shall be let in accordance with the requirements of law applicable to the City of Minneapolis. 15. The Commission's $602,500 share of the cost of the 2010 Projects is hereby certified to Hennepin County in accordance with Minnesota Statutes, Section 103B.251 for payment by the County in accordance with Minnesota Statutes, Section 103B.251, Subd. 6 and the Commission's joint powers agreement. The Commission understands that the County may pay such costs with taxes Ievied in 2010 and paid in 2011. The Secretary is directed to transmit a certified copy of this resolution to Hennepin County prior to October 1, 2010. Adopted by the Commissioners of the Shingle Creek Watershed Management Commission the ninth day of September, 2010. � Tina Carstens, Chair ATTEST: 1 � � (NO SEAL) Judie A. Anderson, Secretary I, Judie A. Anderson, do hereby certify that I am the custodian of the minutes of all proceedings had and held by the Board of the Shingle Creek Watershed Management Commission, that I have compared the above resolution with the original passed and adopted by the Board of said Commission at a regular meeting thereof held on the ninth day of September, 2010, at 12:45 p.m., that the above constitutes a true and correct copy thereof, that the same has not been amended or rescinded and is in full force and effect. IN WITNESS WHEREOF, I have hereunto placed my hand and signature this ninth day of September, 2010. i -,., � '�' (NO SEAL) Judie A. Anderson Recording Secretary Z: \SHNGLE CREEK\REsoLurioxs\2010\2010 -02 ORDERING 2010 SCWMC PRomcrs v2.Doc COOP&MkTIIE FOR This Agreement is made as of this4Lday of t° , ;`., . 2010, by and between the Shingle Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the "Commission "), and the City of New Hope, a Minnesota municipal corporation (hereinafter the "City "). WITNES SETH: WHEREAS, the Commission has adopted the Shingle Creek and West Mississippi Second Generation Watershed Management Plan as amended on September 8, 2005, May 10, 2007, September 11, 2008, September 10, 2009 and September 9, 2010 (the "Plan"), a watershed management plan within the meaning of Minn. Stat., § 103B.231; and WHEREAS, the Plan includes a capital improvement program ( "CIP ") that lists a number of water quality project capital improvements; and WHEREAS, the water quality projects identified in the CIP include the New Hope 45th Avenue Pond Project more fully described in Attachment One to this Agreement, which is hereby made a part hereof (the "Project "); and WHEREAS, the Plan specifies that projects in the CIP will be partially funded by a County tax levy under Minn. Stat., § 103B.251; and WHEREAS, the Commission has entered into a grant contract with the State of Minnesota (the "Grant Contract "), a copy of which is attached hereto as Attachment Two, and hereby made a part hereof, and WHEREAS, the Grant Contract provides, in part, that the Minnesota Board of Water and Soil Resources shall grant to the Commission a sum not to exceed One Hundred Sixty Thousand and No /100 Dollars ($160,000.00), which funds shall be used to perform the duties and tasks specified in the Grant Contract, including construction of the Project; and WHEREAS, on September 9, 2010, the Commission adopted a resolution ordering the Project, directing that it be constructed by the City and that the Commission's share of the Project costs be certified to Hennepin County for payment in accordance with Minn. Stat., § 103B.251; and WHEREAS, it is expected that Hennepin County will levy taxes throughout the watershed for the Project, for collection and settlement in 2011; and WHEREAS, the Commission and City have agreed for the City as Sub - grantee to assume certain of the duties and responsibilities of Grantee under the Grant Contract in consideration of Z: \Shingle Creek \CIPs\2010 Projects \45th Ave Pond\A -45th avenuepond prpject coop agreement (2).doc receiving funds provided for in the Grant Contract and subject to the terms, conditions, and limitations set forth therein. WHEREAS, the City is willing to construct the Project on the terms and conditions hereinafter set forth. NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: 1. The Project will consist of improvements in the City as more fully described on Attachment One. 2. The City will design the Project and prepare plans and specifications for construction of the Project. Plans and specifications are subject to approval by the Commission's consulting engineer. 3. The City will advertise for bids and award contracts in accordance with the requirements of law. The City will award the contract and supervise and administer the construction of the Project to assure that it is completed in accordance with plans and specifications. The City will require the contractor to provide all payment and performance bonds required by law. The City will require that the Commission be named as additional insured on all liability policies required by the City of the contractor. The City will require that the contractor defend, indemnify, protect and hold harmless the Commission and the City, their agents, officers, and employees, from all claims or actions arising from performance of the work of the Project conducted by the contractor. The City will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. 4. The City will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. 5. The Commission will use its best efforts to secure payment from the County in accordance with Minn. Stat., § 10313.251 in the amount of Eighty -Two Thousand Five Hundred Dollars ($82,500). It is understood that tax settlement from the County is not expected to occur until 2011. Out -of- pocket costs related to the Project, incurred and paid by the Commission for publication of notices, securing County tax levy, preparation of contracts, review of proposed contract documents and administration of this contract shall be repaid from funds received in the tax settlement from Hennepin County. Amounts received from the County, up to $82,500, less reimbursement to the Commission of such expenses are available for reimbursement to the City for costs incurred by the City in the design and construction of the Project. Reimbursement to the City will be made on completion of ZAShingle Creek \CIPs\2010 Projects \45th Ave Pond\A -45th avenuepond project coop agreement (2).doc the project and submittal of as- builts. Reimbursement to the City will be made as soon as funds are available provided a request for payment has been received from the City providing such detailed information as may be requested by the Commission to substantiate costs and expenses. 6. Reimbursement to the City will not exceed the amount received from the County, up to $82,500, for the Project less any amounts retained by the Commission for Commission expenses. All costs of the Project incurred by the City in excess of such reimbursement, including all costs incurred in excess of estimated project costs due to unforeseen conditions or any other cause, shall be borne by the City or secured by the City from other sources. 7. The City as Sub - grantee will perform and satisfy all obligations of the Grantee relating to the Project under the Grant Contract except any obligations that, by their nature, can only be performed by Grantee or others. Specifically, but without limiting the foregoing, Sub - grantee will perform all of the following: (a) Sub - grantee will construct the Project as set forth in the FY 2010 Clean Water Fund Water Quality Comprehensive Project Narrative, a copy of which is attached to this Agreement as Attachment One. (b) Sub - grantee will be reimbursed for costs incurred in performing its obligations under paragraph 7(a) above up to a maximum total amount of $160,000. All additional costs incurred by Sub - grantee in the performance of this Agreement will be borne by Sub - grantee or secured by Sub - grantee from other sources. (c) The times of performance and expiration of the Agreement shall be as provided in the Grant Agreement, Paragraph 1. (d) Subject to compliance with all terms of the Grant Contract, payment will be made to sub - grantee in two installments. The first payment of ninety percent (90 %) will be paid when the sub - grantee issues a Notice to Proceed to its construction contractor. The second payment of ten percent (10 %) will be made on project completion and submittal of as- builts. (e) Sub - grantee will comply with all provisions specified in Paragraphs 2, 3, 5 and 7 through 16 of the Grant Contract. (f) Sub - grantee is not required to perform any obligations of the Grant Contract related solely to construction of stream bank stabilization improvements of Shingle Creek in Brooklyn Center, a grant for which is also included in the Grant Contract. Such obligations will be performed by the Commission or the City of Brooklyn Center. ZAShingle Creek\CIPs\2010 Projects \45th Ave Pond\A45th avenuepond pr3ject coop agreement (2).doc 8. All City books, records, documents, and accounting procedures related to the Project are subject to examination by the Commission. 9. The City will secure all necessary local, state, or federal permits required for the construction of the Project. 10. The project will be constructed on land owned or easements held by the City. 11. The City will have ownership of the associated improvements, and will maintain them in good operating condition in perpetuity or until such time as they are replaced with like improvements. 12. The additional stormwater rate control and treatment capacity in this pond does not create any water quality or water quantity credits for future development or redevelopment in the subwatershed. 13. The City will defend, indemnify, protect and hold harmless the Commission and its agents, officers, and employees, from any claims arising out of the design, construction, or maintenance of the Project, including environmental claims. Nothing herein shall be deemed a waiver of the limitations of liability in Minnesota Statutes, Chapter 466. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION By: Its Chair And by: CIT By: And Its Secretary ZAShingle Creek \C1Ps\2010 Projects \45th Ave Pond\A -45th avenuepond project coop agreement (2).doc Its Manager ATTACHMENT ONE New Hope 45th Avenue Pond Project FY 2010 Clean Water Fund Water Quality Comprehensive Project Narrative Title: New Hope 45 Avenue Pond Improvements Project Project Abstract: This project is the retrofit of a dry storm water basin, constructing a new pre- treatment cell, creating new wetland, and reconfiguring the existing inlets and the outlet for better treatment. Overall Project Narrative: The proposed project is the retrofit of an existing dry pond on 45th Avenue near Winnetka Avenue in New Hope to provide stormwater treatment and abstraction for an 81 acre tributary area of commercial, single family residential, and City park land uses. The 45th Avenue Pond currently provides minimal stormwater quality treatment. The pond and project area is tributary to South Twin Lake, an Impaired Water. The nutrient TMDL approved for the Twin and Ryan Lakes chain of lakes in 2007 requires an 84% reduction in watershed load to South Twin Lake. The TMDL's Implementation Plan calls for retrofitting BMPs throughout the lakeshed, including the proposed project. The existing pond outlet drains the pond down such that the shallow normal pool that remains dries up entirely during extended dry periods. The minimal normal pool elevation in this pond limits stormwater runoff residence time and abstraction, and minimizes the contact time between stormwater runoff and wetland vegetation. The proposed 45th Avenue Pond improvements will increase the stormwater quality treatment efficiency of the existing basin by implementing the following improvements: • Manipulation of the pond outlet elevation to create a deeper permanent pool elevation. The raised outlet will keep more runoff on the landscape, increasing the potential for stormwater abstraction to occur within the pond. In addition, the raised outlet elevation will allow for increased stormwater residence times allowing greater contact time between stormwater runoff and wetland vegetation, ultimately increasing the runoff and nutrient uptake through the vegetation. • Expanding the existing wetland area to the east to provide additional wetland surface area for treatment. This wetland expansion will require the City to purchase approximately 24,000 square feet of easement from adjacent property owners. • Relocation of the adjacent 30 -inch trunk storm sewer outlet into this pond to the west to provide greater residence time for stormwater runoff within the pond. • Excavate a pretreatment basin at the new 30 -inch trunk storm sewer outlet location. This pretreatment basin will reduce sediment load discharges to the wetland area. Based on literature values, we estimate the proposed improvements will remove 40% of the Total Phosphorus (TP) load and 68% of the Total Suspended Solids (TSS) load from the system. This equates to an estimated load reduction of 29 pounds of TP per year and 9.6 tons per year of TSS from the South Twin Lake tributary area. The project would be constructed by the City of New Hope through a cooperative agreement with the Shingle Creek WMC. New Hope successfully completed the Wincrest Pond improvements in the Middle Twin Lake subwatershed in the spring of 2009. In addition, New Hope has a history of constructing projects that improve water quality, wildlife habitat, and aesthetics within the 374488 CLL SH220 -17 watershed including: Victory Park Pond improvements in 2005, Meadow Lake outfall dredging in 2006, and the installation of water quality treatment features around Meadow Lake in 2006. This project is listed on the Shingle Creek WMC CIP, and is eligible for 25% cost match from the Commission. Explain how this project will mitigate or prevent current or future water quality impairments. This project will provide permanent stormwater treatment for 81 acres of urbanized land that currently has limited treatment, reducing nutrient and sediment transport downstream to impaired lakes. How will this project address the hydrologic function of the immediate affected watershed and keep water on the land? The new raised outlet will keep more runoff on the landscape, increasing the potential for stormwater abstraction to occur within the pond and increasing stormwater residence times. This will allow greater contact time between stormwater runoff and wetland vegetation, ultimately increasing the runoff and nutrient uptake through the vegetation. Identify long -term inspections and maintenance needs of the project and how these activities will be accomplished. Inspection and maintenance will be the responsibility of the City of New Hope as part of the City's overall storm water system maintenance program, as required by the City's Municipal Separate Storm Sewer System (MS4) permit's Storm Water Pollution Prevention Plan (SWPPP). The City funds this program through its Storm Water Utility Fund. Regular pond inspection and maintenance occurs a minimum of once every 5- years, or more frequently as needed. Describe the coordination of this project with local groundwater plans. The project is located on the edge of a wellhead protection area with moderate vulnerability. Stormwater will be routed first to a pretreatment cell prior to being discharged into the pond and wetland area where infiltration may occur. Please indicate any permits this project will require. Identify the current stage of the permitting process. A wetland delineation was recently completed and approved. As New Hope is the Local Government Unit for Wetland Conservation Act (WCA) administration, the City will be responsible for the wetland permitting. In addition, project review and approval through the Shingle Creek Watershed Management Commission will be necessary. If the project participants choose to consider the conservation value of land where Clean Water Fund conservation practices will be installed as local match, please describe the valuation and application methods. Not applicable. If using Clean Water Funds for incentives to encourage landowners to install structural practices or to adopt land management practices that improve or protect water quality, please describe the LGU's adopted policy for evaluating the necessity, method of calculation, and effectiveness of the proposed incentives. Not applicable. 374488 CLL SH220 -17 ATTACHMENT TWO FY 2010 State Of Minnesota Board Of Water And Soil Resources Competitive Grants Program Grant Agreement 374488 CLL SH220 -17 FY 2010 STATE OF MINNESOTA - BOARD OF WATER AND SOIL RESOURCES COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT Vendor: 200340656 -00 PO #: 17063 PI #: �14 = : Date Pd #1: Date I'd #2: Line FY Fund Agency Org Appr Unit Object Code Description 01 10 100 R9P 2CSV CSV 5}x20 GF Native Buffer 02 10 352 R9P 2WMO CO3 51;20 CWF Runoff Reduction $160,000 03 10 352 R9P 2NPR C04 51320 CWF Clean Water Assistance $105,237 04 10 352 R9P 21`DL C06 5E20 CWF Feedlot Water Quali 05 10 352 R9P 2SLD C07 SE20 CWF Shoreland Improvement 06 10 352 R9P 2CDR C07 SE20 CWF Conservation Drainage 07 10 352 R91? 2NPT C09 51320 CWF Tech Assistance & En 319 Match 08 10 352 R91? 2SST CIO 51320 CWF SSTS Enhancement 09 10 352 R9P 21I -IT C11 5E20 CWF Irrunin. Health Threat Abatement 10 10 200 R9P 28ST NRS 5E20 SSTS Inventory I 1 10 100 R9P 2FDC FDL 51320 GF Feedlot Water guali 12 10 100 R9P 2CSM CSM 5E20 GF Cooperative Weed M ant. This grant agreement is between the State of Minnesota, acting through its Board of Water and Soil I a .c and Shingle Creek WMO, 3235 Fernbrook Ln, Plymouth, MN 55447. 1 71 Project Number: CIO -139 & 160 Grant Amount: $265,237 JUN 0 1 2010 Recitals Bd. of Water & Soil Resources , 1t 1 11 1. The Laws of Minnesota 2009, Chapter 172, Art. 2, Sec. 6; Chapter 37, Sec. 5; and the MPCA, have appropriated funds to BWSR for the FY 2010 Competitive Grants Program. 2. Minnesota Statutes 103B.101, subd. 9 (1), and 103B.3369, authorize the Board to award this grant. 3. The Grantee has submitted a BWSR approved work plan for this Program. 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. S. As a condition of the grant, Grantee agrees to minimize administration costs. Grant Agreement Authorized Representatives The State's Authorized Representative is David Weirens, BWSR Land & Water Section Administrator, 520 Lafayette Road North, Saint Paul, MN 55155, 651- 297 -3432, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services and performance provided under this grant agreement. The Grantee's Authorized Representative is NAME, TITLE - T� A3A C A P—ZTe- ADDRESS 'i323 S Fo $ Un1C LA CITY PL Lora pt t_`M4. !tit 1t1 `55 U41 TELEPHONE NUMBER If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 1 Term of Grant Agreement 1.1 Effective (late: January 1, 2010, or the date the State obtains all required signatures under Minn. Stat. § 16B.98, Subd.5. 1.2 Expiration date: December 31, 2011, or until all obligations have been satisfactorily fuiflled whichever comes first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 7. Liability; 8. State Audits; 9. Government Data Practices; 11. Governing Law, Jurisdiction, and Venue. FY 10 COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT L:XShingle Crcek \GraittOpportuniiies\2010 Comp Grants 45th Ave Pond and 1 -94 to CR 10 restoration\Agreement both projects.doe 2 Grantee's Duties The Grantee is responsible for the specific duties for the Program as follows. 2.1 Implementation. The Grantee will implement the work plan, which is incorporated into this Agreement by reference, and located In the Board's Office in St. Paul. 2.2 Reporting. All data and information provided in a Grantee's report shall be considered public. 2.2.1 The Grantee will submit a semi - annual progress report to the Board by February I and August I of each year on the status ofprogrann implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. 2.2.2 Display on its website the previous calendar year's detailed 'information on the expenditure of grant funds and measurable outcomes as a result ofthe expenditure of funds according to the format specified by the BWSR, by March 15 ofeach year. 2.2.3 The Grantee will submit a final progress report to the Board by February t of 2012. information provided must conform to the requirements and formats set by the Board. 3 Time The Grantee must comply with all the time requirements described inn this grant agreement. In the performance of this grant agreement, tune is of the essence. Terms of Payment 4.1 Payment will be made in two installments by the Board. The first payment of ninety percent (90%) of tine Grant Amount stated on page one will be paid promptly after the effective date of this grant agreement. The second payment of ten percent (10 %) will be paid promptly after Board approval of Grantee's final report. 4.2 Any grant funds remaining unspent after the end of the expiration date stated above will be returned to the Board within one month of that date. 4.3 The obligation of the State under this grant agreement will not exceed the amount stated above. 5 Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the States satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local Iaws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or Iocal law. Assignment, Amendments, and Waiver 6.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a filly executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement, or their successors in office. 6.2 Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 6.3 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or its right to enforce it. 7 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. State Audits Under Minn. Stat. § 16B.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements whichever is later. 8.1 The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this GRANT, may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. FY 10 COMPETITIVE GRAFTS PROGRAM GRANT AGREEMENT ZALShingle CrecklGranloppoctunitics\2010 Comp Grants 45th Ave Pond and I -94 to CR 10 restoratiD AgreemenF _both projects.doc 2 8.2 The Grantee or designated local unit of government implementing this Agreement will provide for an audit that meets the standards of the Office of State Auditor. The audit must cover the duration of the Agreement Period and be performed within one year alter the end of the Agreement Period or when routinely audited, whichever occurs first. Copies of the audit report must be provided to the Board if requested. 9 Government Data Practices The Grantee and State must comply with the Minnesota Govermnent Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant agreement. The civil remedies of Minn. Stat. § 1108 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 11 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12 Termination The State may cancel this grant agreement at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13 Data Disclosure Under Minn, Stat, § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. 'These identification numbers may be used in the enforcement of federal and state tax laces which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 14 Prevailing Wage It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which state prevailing wage laws apply (Minn. Stat. 177.42 — 177.44). All laborers and mechanics employed by grant recipients and subcontractors fiinded in whole or in part with these state funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality. 15 Signage It is the responsibility of the Grantee to comply with requirements for project signage, as provided in La1VS of Minnesota 2009, Chapter 172, Article 5, Section 10, for Clean Water Fund projects. 16 Constitutional Compliance It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding use of Clean Water Funds to supplement traditional sources of funding. IN WITNESS WHEREOF the parties have caused this Grant Agreement to be duly executed intending to be bound thereby APPROVED: FYIO COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT 7,:1Shingte CrccktGrantOpportunities12010 Coatp Grants 45th Ave Pond and I -94 to CR 10 restorationlAgreenient_ both projects.doc 5ningle c:ree VVMU VYMU TITLE: DATE: �� " M-2 U lei H:10CGPGA tioartl of Water at boll Ke sources TITLE L nd & Water Section Administrator DATE: FY 10 COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT Z:1Shingle CrecktCrant0pporWnities12010 Comp Grants 45th Ave Pond and I -94 to CR 10 restoration)Agreement_both projects.doo AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Minnesota Dirt Works Inc. 321 9th Avenue NE Lonsdale MN 55046 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE 4401 X Ion Avenue North, New Ho e, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 45th Avenue Pond Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th MR Attomey -in -Fact 24 (Tide) of America (. e a I) (Ti„e) AIA DOCUMENT A310 i BID BOND • AIA • FEBRUARY 1970 ED. ! THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of — MINNESOTA —) ) ss. On this 28th day of October 20 10 County of ) before me appeared Daniel C. Ames to me personally known, who, being by me - duly sworn, did say that he is the President of DIRT WORKS INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Daniel C. Ames acknowledged said instrument to be the free act and deed of said corporation. ACKNOWLEDGMENT OF CORPORATE SURETY State Of MINNESOTA ) ) ss. On this — 28th day of October 20 10 County of HENNEPIN —) before me appeared Linda K. French to me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, that the seal affixed to the foregoing instrument is the Corporate seal of said corporation and that said instru-ment was exe In behalf of said corporation by authority of its Board of Directors; and that said Linda K. French - acknowledged said instrument to be the free act and deed of said corporation. RACHEL THOMAS �7 NOTARY PUBLIC- MINNESOTA Notary ZPub� County, My Commission Expires Jan. 31, 2015 My commission expires X POWER OF ATTORNEY V Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220902 Certificate No. 003 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bruce N. Telander, Donald R. Olson, John E. Tauer, John P. Martinsen, Linda K. French, R. Scott Egginton, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Nelson, Joshua R. Loftis, and Brian J. Oestreich of the City of Minneapolis , State of Minnesota , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law'. IN WITNESS WHHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of y Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Gp6U,� � �FtPE ni4y�n P�k ' 1NS� "'v., QTY AN tvkp,� �? J '4w% \ SG • A JP O SU9 TY 4J .. ............ ?y •,, y S� ,� / tt / Na 1 T4� F\ pF,1 1 ' S �� Ci � � WCQ�1PdRAtED ,.. — z� �iCOFPORArF� imiGOPPORATf t �' � 9a c1�31K4RTF6�� i Z 1982 O X977 fifi S :a; o; w HARTFORD, < EE 1 O 1 Ie � o \STsA.Li` J` o d ux .. rN 9 �� e o `..........ya'A: �+ y;•.., a State of Connecticut City of Hartford ss. By: Georg Thompson, enior 'ice President On this the 2 5th day of February 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O#A In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. C. Marie C. Tetreault, Notary Public 58440 -4 -09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORD This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underw=riters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy= of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of October 20 10, Kori M. Johans Assistant Secretary OASU.�� py+•,• (� �<"�F RE �6� °ug *N_.wNgv " j 1NSUq "." PITY ANp �� 6yp _,,(YI4_ 'L a �- 3S'� �� n � M'COfIPDFtATfD r m: � A�t:, :v cORPORArF.�n? � a�� i SEAL'a' �:. ",.;,,�+"'"• 'fir"' To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER THIS POWER OF ATTORNEY IS I This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies; which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of October 20 O. Kori M. Johans Assistant Secretary GI�SUq E� 1 �)' pPRp J4 6 .(�0y y \P'N.. .KSG� P� 1NSUR P�tY ANO ��ttY O °p,PORtt L + 4 ♦ r 7 O:' -.9 J : ...........9 `: J y. QTY YY' ~ S O [f W m � m �d e, avoaa gn �' v I i _.., f ' ° W HARTFORD.Ft4fiir0 ��D Z 4' y �.9J �.5EAL;o°�t- o; CCNN. n`M� it ` 1896 b dtis co. �:, ,o y A a.•.., � F a To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3884 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORN IS INVALID WITHOUT T HE RED BORD COUNCIL I: \RFA \PUBWORKS \2010 \855 45th Ave. Pond Award Contract.doc Request for Action Originating Department Approved for Agenda Agenda Section Public Works November 8, 2010 Development & Plannin Item No. By: Guy Johnson, Public Works Director By: Kirk McDonald, City Manager 8.2 Resolution awarding a contract to Minnesota Dirt Works Inc. in the amount of $93,670 for improvements to the 45th Avenue regional pond (improvement project 855) Requested Action Staff is recommending that Council approve a resolution awarding a contract to Minnesota Dirt Works Inc. in the amount of $93,670.for improvements to an existing water quality pond (45th Avenue regional pond) located off of 45th Avenue, just west of Winnetka Avenue. Policy /Past Practice The city's 2008 local water management plan includes improvements to the existing 45th Avenue regional pond. Background Staff is recommending that the city improve and add a sediment cell to an existing pond in the vicinity of 45th Avenue and Winnetka Avenue. The project would establish an improved regional water quality pond. The work would be coordinated with improvements to the storm water collection system along Winnetka Avenue, south of the pond. The proposed project was reviewed by the Shingle Creek Watershed Management Commission's (SCWMC) Technical Advisory Committee (TAC) on May 27, 2010, and the committee recommended the project to the commission. On September 9, 2010, the SCWMC approved funding a portion of the project, up to 25% of its estimated cost, and included it in the SCWMC's CIP. Also on September 9, the SCWMC held a public hearing for SCWMC's capital projects, including the proposed improvements to the 45th Avenue regional pond project. At the Council's July 26, 2010, meeting, the Council authorized the preparation of plans and specifications for the improvement. Council's direction was to proceed with the plans and specifications for improvements to the existing pond, and coordinate the storm water improvements along 45th Avenue with a future improvement project to the 45th Avenue and Xylon Avenue infrastructure. Motion by f Tt y Second by , To: / �, Request for Action November 8, 2010 Page 2 Plans and specifications for the project were approved by Council on September 27, 2010, and direction was given to solicit bids for the project. Bids were opened on October 28, 2010. The city received 13 bids and the bid submitted by Minnesota Dirt Works Inc. was identified as the lowest responsible bid. Funding Preliminary cost estimates were $550,000 for both the necessary pond improvements and storm water infrastructure improvements to 45th Avenue. The pond improvement's preliminary cost estimate was at $328,000, of that figure. The $328,000 estimate included pond improvement costs, indirect costs, and wetland mitigation costs. The engineer's estimate for the pond improvement portion was $137,000. The storm water infrastructure improvements necessary for 45th Avenue would be coordinated with a future 45th Avenue improvement project. Funding for the pond would be through SCWMC's CIP, to a maximum of $82,500; a $160,000 grant that SCWMC received from the Board of Water and Soil Resources; the city's storm water fund; and possibly some state aid funds. Attachments The engineer's memorandum, a copy of the resolution, and a copy of the bid tab are attached. I: \RFA \PUBWORKS \2010 \855 45th Ave. Pond Award Contract.doc City of New Hope Resolution No. 10 -157 Resolution awarding a contract to Minnesota Dirt Works Inc. in the amount of $93,670 for improvements to the 45th Avenue regional pond (improvement project 855) WHEREAS, the city requires the assistance of a contractor for improvements to the 45th Avenue regional pond site; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the city has accepted bids for work described in the plans and specifications and has identified the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the contract for the 45th Avenue regional pond improvements is awarded to Minnesota Dirt Works Inc., in the amount of $93,670. 2. That a contract between the city of New Hope and Minnesota Dirt Works 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 8th day of November, 2010. n� Mayor Attest: City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651 -636 -1311 www.bonestroo.com November 1, 2010 Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: 45 Avenue Pond Improvements Project City Project No. No. 855 Project No. 000034 - 09217 -0 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on Thursday, October 28, 2010. 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 13 Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Minnesota Dirt Works, Inc. with a Total Base Bid Amount of $93,670.. This compares to the Engineer's Estimate of $137,000. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Minnesota Dirt Works, Inc. should be awarded the Project on the Total Base Bid Amount of $93,670. Should you have any questions, please feel free to contact me at (651) 604 -4938. Sincerely, BONES i%` 6L�� Jason P. Quisberg, P.E. Enclosure Contractor Tot al Bid Low Minnesota Dirt Works, Inc. $93,670.00 #2 Dunaway Construction $94,962.00 #3 Doboszenski & Sons, Inc. $102,578.50 #4 Sunram Construction, Inc. $107,929.00 #5 Dave Perkins Contracting, Inc. $112,281.00 #6 New Look Contracting, Inc. $112,625.00 #7 Peterson Companies, Inc. $112,947.80 #8 Veit & Company, Inc. $113,323.00 #9 S.R. Weidema, Inc. $119,831.50 #10 Cobalt Contracting, Inc. $127,000.00 #11 Rachel Contracting, LLC $128,769.00 #12 Forest Lake Contracting, Inc. $144,248.00 #13 BD Construction, LLC $151,260.40 The low Bidder on the Project was Minnesota Dirt Works, Inc. with a Total Base Bid Amount of $93,670.. This compares to the Engineer's Estimate of $137,000. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Minnesota Dirt Works, Inc. should be awarded the Project on the Total Base Bid Amount of $93,670. Should you have any questions, please feel free to contact me at (651) 604 -4938. Sincerely, BONES i%` 6L�� Jason P. Quisberg, P.E. 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C� �4 LM 14 000 0 'i g g '00 u 6 g� C, u M N N N c O m m z -.Om— X 0 0- cn Co c 0- CL Z Z Z (YRF :D u z CYZ z z L z V 8, cy Ra < T O ui u Cf w - W t z 0 z z E E Ln W < U Z, U 0 3: C, 7w�q.-� ollu w ZZ: � Z' u z m LL — U) — U) z I L R z co U) V) V w 0 mo�- z . a > Z Z OW =U < K K <.)U�M zw' P <' = u O b � t 'i - . y W �L 8 u IR EUD U 0 zo w u L n 0 V) 0 z I LU g w r 0 0 u O O W W. � , z u R 0� - - - 8 -W Ln -Ir v z x d U) Ln � 0 E E 10 T tE ragcik)ii Steven Sondrall From: Steven Sondrall Sent: Wednesday, December 08, 2010 8:06 PM To: 'Johnson Guy' Cc: Leone Valerie; 'Quisberg, Jason P' Subject: Contracts - 45th Avenue Pond Improvements - Project 855 Guy The contracts for the referenced project have finally been delivered to me for review. Only one problem — the contractor's signature on the performance and payment bonds were not notarized. If Dan Ames wants to come to my office I will notarize his signatures. Then these contracts will be good to go. It looks Kirk has already signed the contracts. Steve \ `� Steven A. Sondrall, Esq. .Jensen Sondrall & Persellin, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 Direct (7630201-0211 1. Finn: (763)424 -8811 Fax: (763)493 -5193 WARNING: Actual receipt of F_-Mail communications should not be assumed E -Mail communiocations may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mails a valid authorized form of communication behveen lawyer and client, however security of this E -Mail message and attachments (f any)cannot be assured Unless the text indicates otherwise, this E -Mail message and attachments (if arty) shall not be deemed legal advice, nor does it create an attorney /client relationship. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. 1f you received this communication in error, please immediately note sender via E -Mail reply. 12/8/2010 2335 Highway 36 W St. Paul, MN 55113 Tel 651 -636 -4600 Fax 651 -636 - 1311 www.bonestroo.c= November 10, 2010 # Doonestroo Mr. Dan Ames Minnesota Dirt Works, Inc. 321 9"' Ave. NE Lonsdale, MN 55046 Re: City of New Hope, Minnesota 45 Avenue Pond Improvements Project City Project No. No. 855 S.A.P. 182- 104 -003 Project No. 000034- 09217 -0 Notice of Award /Contract Documents Dear Mr. Ames: You are notified that your Bid dated October 28, 2010, for the above- referenced Project has been for the considered. You are the successful Bidder and are awarded a Contract for the amount of $93, Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above - referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 6113.13 Performance Bond, and Document 00 6113.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen & Sondrall 8525 Edinbrook Xing, Ste. 201 Brooklyn Park, MN 55443 -1968 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Minnesota Dirt Works, 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, Jason P. Quisberg, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steven Sondrall, City Attorney December 16, 2010 Mr. Dan Ames Minnesota Dirt Works, Inc. 321 9th Avenue NE Lonsdale, MN 55046 SUBJECT: 45t' Avenue Pond Improvement Project No. 855 At its meeting of November 8, 2010, the New Hope City Council approved the contract with your company for project no. 855 for $93,670. Enclosed please find two fully executed contract documents. One copy should be transmitted to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Jason Quisberg, City Engineer, at 651-604-4938 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC-134 cc: Jason Quisberg, City Engineer Guy Johnson, Director of Public Works 4401 Xylon Avenue North * New Hope, Minnesota 55428-4898 + www. ci.new-hope.rrm.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 iza&%9: Originating Department Public Works By: Guy Johnson, Director Approved for Agenda December 13, 2010 Agenda Section Consent Item No. Kirk McDonald, 6.5 Motion approving the city's "Wetland Delineation Report" and the Wetland Conservation Act's "Replacement Plan Application" for the 45th Avenue pond improvements (improvement project 855) Requested Action Staff requests the City Council pass a motion approving the city's wetland mitigation procedures (the Wetland Delineation Report and the Wetland Conservation Act (WCA) Replacement Plan Application) for the 45th Avenue pond improvement project. Policy /Past Practice An improvement project for an existing pond at this location is part of the city's 2008 local water management plan. Background At its June 8, 2009, meeting, Council authorized the preparation of a feasibility report to improve and expand the storage capacity of an existing pond in the vicinity of 45th Avenue and Winnetka Avenue. The project would improve water quality and increase storm water runoff storage after large rain events. After initiating preparation of the feasibility report, staff learned that the pond area is identified as a wetland according to the WCA and falls under their regulations. This information was shared with the Council at the June 22, 2009, meeting. Staff also shared that more time would be necessary to work through the WCA requirements and that it would be necessary to work with the Department of Natural Resources (DNR). Because of the tight timeline for requesting 2010 funding from the Shingle Creek Watershed Management Commission (SCWMC), staff suggested that the city request funding for 2011 rather than 2010. After discussions, Council directed staff to continue to work with the DNR and complete the feasibility report. Motion by ZZZL 1 Second by W I: \ RFA \ PUMV0RKS \ 2010 \ 855 45th Ave. Pond Approving Mitigation Procedures. doc Request for Action December 13, 2010 Page 2 As work progressed on the feasibility report, it became evident that the most economical solution to meet the WAC mitigation requirements was to purchase credits from the Minnesota Wetland Bank. This process also allowed a design to increase the storage capacity of the new water quality pond. The feasibility report was presented to Council on July 26, 2010. After the presentation, Council accepted the report and authorized preparation of plans and specifications. At the Council's September 27 meeting, Council approved plans for the project and authorized advertising for bids. Also at this meeting, Council passed a motion approving a cooperative agreement with SCWMC for partial funding of the project. Bids were presented to the Council on November 8, and Council awarded the contract to Minnesota Dirt Works Inc., one of 13 contractors submitting bids. The first action in the wetland mitigation procedure is satisfying the WCA requirement to delineate the wetland portion of the existing pond. This was completed on July 15, 2009, and the delineation was reviewed by the Hennepin Conservation District (HCD) and the Board of Water and Soil Resources (BWSR) in September of 2010. The second action in the wetland mitigation procedure is the "Replacement Plan Application." The application was submitted on October 19, 2010, and reviewed by BWSR, HCD, SCWMC, and the Corps of Engineers. The replacement plan was the request to mitigate the disturbance of the designated wetland through the purchase of credits from the Minnesota Wetland Bank. The Minnesota Wetland Bank is administrated by BWSR. Because the city is designated the "local governmental unit" (LGU), the WCA required the city pass a formal approval of the wetland mitigation procedures for the 45th Avenue pond improvement project. The procedures involved delineation of the wetland and preparation of the replacement plan application. These two procedures have already been completed and been reviewed by the agencies with no comments received. Therefore the regulations require documentation showing that the LGU also approves the process. Funding The pond improvement's preliminary cost estimate was $328,000. The $328,000 estimate included pond improvement costs, indirect costs, and wetland mitigation costs. The contract with Minnesota Dirt Works Inc. is in the amount of $93,670. The engineer's estimate for the pond improvement portion was $137,000. The wetland mitigation cost is estimated at $74,500. Funding for the pond would be through SCWMC's CIP, to a maximum of $82,500; a $160,000 grant that SCWMC received from the Board of Water and Soil Resources; the city's storm water fund; and possibly some state aid funds. Attachments A memorandum from the engineers and a map of the area are attached. I:ARFA \PUB1V0RKS \2010 \855 45th Ave. Pond Approving Mitigation Procedures.doc Lq= 2335 Highway 36 W St. Paul, MN 55113 Project: 45` Ave Pond Tel 651-636-4600 To: Guy Johnson Improvements Date: Nov. 11, 2010 Fax 651- 636 -1311 From: Ben Meyer I Client: City of New Hope Re: WCA Replacement Plan Application Decision File No.: 34 -09217 www.bonestroo.com Guy, Below is the recommendation of approval for the 45 Ave Pond Improvements Wetland Conservation Act replacement plan application and wetland delineation report to be considered on the consent agenda for the November 22n Council Meeting . 1. A wetland delineation was completed on July 15, 2009. Bonestroo, Hennepin Conservation District (HCD) and Board of Water and Soil Resources (BWSR) staff reviewed the project site on September 7, 2010 and concurred with the wetland boundary as staked in the field. 2. A replacement plan application was submitted on October 12, 2010 for a regional storm pond project that will convert 0.68 acres of shallow marsh via excavation into a water quality pond. The project proposes to replace for the wetland impact via purchase from wetland bank (Account No. 1310) located in Hennepin County. The required replacement ration is 2:1. 3. A Notice of Application was mailed on October 19, 2010 to the HCD, BWSR, Shingle Creek WMO, DNR, Corps of Engineers, and city. The comment period ended November 10, 2010. No comments have been received to date. 4. The City of New Hope is the local governmental unit (LGU) administering the Wetland Conservation Act (WCA). 5. Bonestroo is the designated WCA technical representative for the city. 6. The city and reviewing agencies recognize the need for the project to protect downstream water quality. 7. Therefore, it is recommended to approve the WCA Replacement Plan Application and Wetland Delineation Report for the 45 Avenue Pond Improvement Project. G: \PubWorks \PROJECTS \855 45th Avenue Regional Pond \Wetland Recommendation Memo - Ben Meyer 11- 11- 10.doc Page 1 of 1 I:tN�TaasxvoltAD�PngVwsxtAmpLag in /1xrs0101:huP» AQVILA AVENUE N ZEALAND AVENUE N_ r J i' t XYLON AVENUE - t g YLON AVENUE 8 . < d j s s g: - ° 1 R; $ i lNIL1NETISAAV NE C _ a !> _ m z SUMTER AVENUE N — � ' .4__� _• .. _ - � " _. ..' i -. � — _ _ �� _ !. 'i � . � � I RHQDEI$LAND- QVENUEN,. T C) NEW HOPE, MINNESOTA i p 45TH AVENUE POND IMPROVEMENTS " Z $ g CITY PROIECf NO. 855 8 wm _ as LOCATION PUN �w��wszl'im�o�.s�+osumwio.y t l:� +:at vn I } r I o m 1, 3 Q ••x '909 . _ Fy 50i 11 I' 1 I III ill'L�i/ a I, Ln N ca ' _ NEW HOPE, MINNESOTA F 45TH AVENUE POND IMPROVEMENTS tm P GRAD ND. 85 5 POND GRADING PINT AN , �-•— � NOTICE OF WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Effective Date: December 29, 2010 Representative: Kirk McDonald User of Credits: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Withdrawal Application #6488W, 45th Ave Pond Improvements Attachment: copy of fully executed Withdrawal form F Your request for Withdrawal of Credits, processed by BWSR on 12/28/2010 has been approved. The credits have been withdrawn from Account # 1310 in Hennepin County, owned by Jeff Montang. The total withdrawn consists of 1.37 acres of wetland credits. The attached fully executed withdrawal form defines the type and amount of credits withdrawn. The credits withdrawn are intended to mitigate for project impacts to 0.68 acres of Type 3 wetland located in Hennepin County. The impacted site is a wetland located in the Mississippi (metro) Watershed (Major Watershed #20). Owner / Seller of Credits: Jeff Montang 540 County Road 92 Maple Plain, MN 55359 Account #1310 [Hennepin -09] Attachments: Acc't Profile /Transactions Report and copy of w/d form Credits have been withdrawn from the account shown. Please check the attached summary report against your records and notify the Wetland Bank Administrator immediately of any credit sales that have not been reported. This withdrawal has been authorized by the Regulatory Authority(ies) listed on the withdrawal form. The fee for this transaction was paid by City of New Hope: check #146358. Approved By: Char Sokatch, Wetland Bank Specialist Signature: encl. cc: File Account #1310, Hennepin County (original Withdrawal form, copy of letter) cc (elec. only): Benjamin Meyer, City of New Hope, (WCA LGU) Stacey Lijewski, Hennepin Conservation District Barbara Walther, COE Project Manager BWSR: Wetland Specialist — Lynda Peterson f: WetlandBankinglarchive acct#r(ACCTNO))— �fLOLNAMEn APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Return Original to BWSR —Transaction may not be processed without original, signatures 1. PROPOSED USER OF CREDITS Name(s) City of New Hope, Kirk McDonald - City Manager Address: 4401 Xylon Ave North New Hope, MN 55428 City State ZIP Day Phone (763)531 -5112 Other Phone ( ) 3. OWNER / SELLER OF CREDITS IAccount No. 1310 Watershed No. 19 County: Hennepin —V J Bank Service Area 7 Name of Seller: Jeff Montang Jeff Mondn (Name of orize Representative) (Sig e f Seller /Authorized Ra sentative) 2. Impact Site Information County Hennepin Major;Wtrshd No.20 Bank Service Area 7 Location: SEi /4 SEI /a Sec 7, Twp.118N, Rge 21W Size of Wetland Impact: 0.68 acres Wetland Types Impacted: '3 Wetland Plant Communities impacted 3: Shallow marsh Required Replacement Ratio: 2:1 WCA I local / COE Amount to be replaced using Bank Credits: 1.36 ac. Amount replaced on site: 0 Project Name: 45` Ave Pond Improvements Attach replacement plan if additional detail is needed. 1 4. Regulating Authority(ies) Approving the Use of Wetland Bank Credits Replacement Plan approved by (check all that apply): M Local WCA LGU: City of New Hope (Print agency name) Local Permit #34 -09217 M U.S. Army Corps of Engineers: JD #2010 - 04916 -MMJ ❑ MN Dept. of Natural Resources: Permit # ❑ Natural Resources Conservation Service: Permit # ❑ Other authority involved: ❑ Enclosed 6.5% transaction fee, payable to "Board of Water & Soil Resources." 5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. 1310 Credit Acres Wetland Wetland Plant Community, Cost Sub - Group withdrawn Type2 (per acre) B 0.684 U Upland $54,450 C 0.684 3 Shallow Marsh $54.450 [Pick One] [Pick One] Totals: 1.368 1 acre = 43,560 sq. fr. Fee Total (Total cost x 0.065 = $ 4,842.50 'Letters signify credit sub - groups, which represent wetland areas with different wetland characteristics. 2 Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, R, U (for Upland Buffer). 3 Wetland plant community type: shallow open water, deep marsh, shallow marsh, sedge meadow, fresh meadow, wet to wet -mesic prairie, calcareous fen, open bog or coniferous bog, shrub -carr /alder thicket, hardwood swamp or coniferous swamp, floodplain forest, seasonally flooded basin, or upland buffer. See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Page 1 of 2 BWSR Form: wca- bank- 05- withdrawal.doc Revised 6/1/2010 6. CERTIFICATION OF USER OF WETLAND CREDITS The proposed user of credits hereby certifies that he /she: a) either owns the subject wetland credits or has entered into an agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts for which the subject wetland credits will be utilized for mitigation purposes. Kirk McDonald Autho Si gnature of Proposed User of Credits PRINT Name Date 7. REGULATORY AUTHORITY APPROVAL(S) The following authorized representatives of the regulatory authority (ies) identified on page 1 of this application hereby certify that they have: a) verified that the subject wetland credits are deposited in the account of the owner t seller, b) approved a wetland replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank credits described herein. Benjamin L. Mey PRINT Name of WCA LGU Official Dec. 21, 2010 Date Signature of Authorized WCA LGU Official PRINT Name of Other Regulatory Official (if any) Signature of Other Authorized Official Agency Address of Other Regulatory Official Date 8. CERTIFICATION OF OWNER / SELLER OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that: 1) the credits described in this application have either been sold to the user of credits or I will use them to mitigate wetland impacts for my own project, 2) I have received payment in full from the buyer (if applicable), 3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the project site information block on the previous page, 4) the subject wetland credits should be withdrawn my account, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). k,,, .e 1 fz- zr to A brined f gnature of Owner 1 Sel of Credits Date 9. BWSR APPROVAL AND DEBITING OF ACCOUNT I hereby certify that the credits have been properly debited from the subject account, effective the date of signature. Aut orized Signature Date Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder and the Board Conservationist. A letter will also be sent to the account holder acknowledging the debit and new account balance. IMPORTANT REMINDERS 1. The Owner I Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authority(ies), the account holder and the user of the credits. 3. It is a criminal offense for a seller of wetland credits to sell credits more than one time. It is the responsibility of the account holder to report any credit sales that are not noted on the most current official BWSR account balance. Page 2 of 2 BWSR Form: wca- bank- 05- withdrawal.doc Mail to: Bank Coordinator, Board of Water & Soil Resources Revised 611/2010 520 Lafayette Road North St. Paul, MN 55155 6. CERTIFICATION OF USER OF WETLAND CREDITS The proposed user of credits hereby certifies that he /she: a) either owns the subject wetland credits or has entered into an agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate plans, specifications and application farms with all applicable regulatory authorities that describe the wetland or water resource impacts for wluch-tlle su ''ect wetland credits will be utilized for mitigation purposes. - -- 1 Kirk McDonald Authorized Signature of Proposed User of Credits PRINT Name Date 7. REGULATORY AUTHORITY APPROVAL(S) The following authorized representatives of the regulatory authority (ies) identified on page 1 of this application hereby certify that they have: a) verified that the subject wetland credits are deposited in the account of the owner / seller, b) approved a wetland replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank credits described herein. Benjamin L. Meyer PRINT Name of WCA LGU Official Signature of Authorized WCA LGU Official Dec. 21, 2010 Date PRINT Name of Other Regulatory Official (if any) Agency Address of Other Regulatory Official Signature of Other Authorized Official Date 8. CERTIFICATION OF OWNER / SELLER OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that: 1) the credits described in this application have either been sold to the user of credits or I will use them to mitigate wetland impacts for my own project, 2) I have received payment in full from the buyer (if applicable), 3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the project site information block on the previous page, 4) the subject wetland credits should be withdrawn my account, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). Au riied gnature of Owner / Se of Credits Date 9. BWSR APPROVAL AND DEBITING OF ACCOUNT I hereby certify th the credits have been properly debited from the subject account, effective the date of signature. Au orized Signature Date Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder and the Board Conservationist. A letter will also be sent to the account holder acknowledging the debit and new account balance. IMPORTANT REMINDERS L The Owner / Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authority(ies), the account holder and the user of the credits. 3. It is a criminal offense for a seller of wetland credits to sell credits more than one time. It is the responsibility of the account holder to report any credit sales that are not noted on the most current official BWSR account balance. Page 2 of 2 BWSR Form: wca- bank- 05- withdrawal.doc Mail to: Bank Coordinator, Board of Water & Soil Resources Revised 6/1/2010 520 Lafayette Road North St. Paul, MN 55155 I hereby certify that this plan, specification, or report was prepared bvm8or under nnydirect superv and that I80a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jason P. Quisberg, P.E. Date: September 27, 2010 License #44315 PROFESSIONAL CERTIFICATIONS ��2010 Bunestruo 100034-09217-0 000105 -1 pyXiFill - Irliff PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 00 31 00 Available Project Information 0041 10 Bid Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 E3CDC C-700 Standard General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions 00 73 40 Funding Agency Requirements SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 3100 Project Management and Coordination 01 3300 Submittal Procedures 01 40 00 Quality Requirements 01 5000 Temporary Facilities and Controls 0157 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 02 — Existing Conditions 0241 13 Selective Site Demolition SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 2300 Excavation and Fill 3123 13 Subgrade Preparation Division 32 — Exterior Improvements 32 11 23 Aggregate Base Courses 32 1202 Flexible Paving (State Aid Projects) 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters 3231 13 Chain Link Fences TABLE OF CONTENTS 2010 Bonestroo 100034-09217-0 0001 10-1 329200 Turfs and Grasses Division 33-Utilities 330505 Trenching and BackMUing 3305 17 Adjust Miscellaneous Structures 334008 Storm Drainage Utilities TABLE OpCONTENTS O001 1U 2 ��IO18Bnne�mo 100034-09217-0 - Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 1 P.M., CDT, Thursday, October 28, 2010, 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: 45 Avenue Pond Improvements In general, Work consists of the expansion of an existing storm water pond, and storm sewer modification of the following approximate quantities: 4100 CY Common Excavation 60 LF 42" RCP Storm Sewer 1 LS Install Chain Link Fence Gate 1 LS Clearing and Grubbing Together with removals, erosion control, restoration 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 $50 (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 $50. Bidding Documents may be viewed at the office of the City of New Hope and 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. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS © 2010 Bonestroo 1 000034 - 09217 -0 00 11 13-1 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 deposit sum, if any, stated in the Advertisement or Invitation 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 authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to the Bonestroo Plan Room, check for the presence of Bidding Documents (including Addendum), and download documents as they become available. Bidder shall regularly check the Bonestroo Plan Room for Addendum or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addendum from Bonestroo. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Bonestroo Plan Room. INSTRUCTIONS TO BIDDERS © 2010 Bonestroo 1 000034 - 09217 -0 0021 13-1 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). 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 any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions INSTRUCTIONS TO BIDDERS Oc 2010 Bonestroo 1000034-09217-0 0021 13-2 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, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data ;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; INSTRUCTIONS TO BIDDERS © 2010 Bonestroo 1000034-09217-0 0021 13-3 H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 5.01 There will be no Pre -Bid Conference. 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 Addensa will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The INSTRUCTIONS TO BIDDERS © 2010 Bonestroo 1000034-09217-0 0021 13-4 Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND - OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or 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. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. INSTRUCTIONS TO BIDDERS © 2010 Bonestroo 1 000034 - 09217 -0 0021 13-5 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 1108 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e -mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 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. INSTRUCTIONS TO BIDDERS © 2010 Bonestroo 1 000034 - 09217 -0 0021 13-6 C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation °BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10 Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and /or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non - responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. 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. INSTRUCTIONS TO BIDDERS © 2010 Bonestroo 1000034-09217-0 0021 13-7 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21.01 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS TO BIDDERS © 2010 Bonestroo 1000034-09217-0 0021 13-8 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. No technical data is available for review. 191-1114 Not Used. PART 3 EXECUTION Not Used. AVAILABLE PROJECT INFORMATION 2010 Bonestroo 100034-09217-0 00 31 00 - 1 oir f , q BIDDER: i � r.7✓1 l SC: i� 1 E" il'•. C" onestroo DOCUMENT 00 41 10 BID FORM 45TH AVENUE POND IMPROVEMENTS CITY PROJECT NO. 855 S.A.P. 182 -104 -003 PROJECT NO. 000034- 09217 -0 NEW HOPE, MINNESOTA 2010 THIS BID IS SUBM1TfED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 -4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date B, Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4,06. 000034 - 09217 -0 0 2010 Bonestroo 0041 10 -1 BID rowa E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. i• Bidder has given Engineer written notice of all conflicts; errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 000034- 09211 -0 L2010 Bonestroo 00 41 10 -2 BID FORM 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.6 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. — Item Units Qty Unit Price 000034 - 09217 -0 G 2010 Ho — .. 0041 10 -3 eto ww•i BASE BID: 1 MOBILIZATION LUMP SUM 1 l $ v(J' ` �Ua $tc� 2 CLEARING AND GRUBBING LUMP SUM 1 $ 3 SALVAGE CHAIN LINK FENCE LIN FT 50 $ or C)� $ r 4 REMOVE SEWER PIPE (STORM) LIN FT 5 $ �ac, r &,,, $ ��3 e f5 'c' 5 REMOVE CURB AND GUTTER LIN FT 25 $ z ' $ alzsfo 6 REMOVE CONCRETE SIDEWALK SQ FT 135 $ $ DV 0, 6 z 7 REMOVE BITUMINOUS PAVEMENT SQ F' 180 $ c' $ L-1qyr 6,z 8 COMMON EXCAVATION CU YD 4120 $ e r O't $ t1j 200 � 9 SELECT TOPSOIL BORROW (LV) MOD CU YD 190 $ /7—'0- $ Z--qo 10 AGGREGATE BASE CLASS 5 TON 15 $ ' - / 0 ' r» $ 600, 11 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) TON 10 $ Z. 5 o $ 12 BULKHEAD EACH 1 $ 5 G . C4-, $ 99 C�' u 0 13 42" RC PIPE APRON EACH 1 $ 3 c)00, 06 $ 3o 14 42" RC PIPE SEWER LIN FT 59 $ ctd 'oo $ Ss r 15 CONSTRUCT CBMH OVER EXISTING PIPE EACH 1 $ 1-fy0 ®r D 0 $ GOC, oo 0 a 16 RANDOM RIPRAP CLASS III CU YD 40 $ O c oa $ .2 2,00, u 3 17 6" CONCRETE WALK SQ FT 135 $ , s3� $ f C)"K c'rj 000034 - 09217 -0 G 2010 Ho — .. 0041 10 -3 eto ww•i No. Item Units Qty Unit Price Total Price 18 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 25 $ ��iv $ L C!5 19 INSTALL CHAIN LINK FENCE LIN F" 38 $ E "v $ Ci 5 20 INSTALL CHANI LINK FENCE GATE LIN FT 12 $ �p �' +c $ C2- cc, dQ 21 TRAFFIC CONTROL LUMP SUM 1 $ C! O E 4 $ 3 f 0 a , 22 SILT FENCE, TYPE HEAVY DUTY LIN FT 100 $ a x' $ o G 0 c: 23 STORM DRAIN INLET PROTECTION EACH 3 $ Z S r $ 7 S 0, v G 24 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1 $ $ 'J6 C & , C t1 25 SEED MIXTURE 350 SQ YD 440 $ $ 1 0 a K' 26 SEED MIXTURE BWSR WT1 SQ YD 1100 $ « O $ J J E ii . -b 27 EROSION CONTROL BLANKETS CATEGORY 3 SQ YD 1540 $ 2 .0 CD $ ' 3 01 b ° c?e\' TOTAL BASE BID $ 000034 -0921M G 2010 Bonestroo 0041 10.4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.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 Council Memo. C. Non - collusion delcaration. 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 rye. - --Z 2010. If Bidder Is: An Individual Name (typed or printed): By: Doing business as: (Individual`s signature) Business Street Address (No P.O. Box #`s): (SEAL) Phone No,: Fax No.: 00003409217 -0 2010 Bone trop 00 41 10 -5 BID FORM A Partnership Partnership Name: By: Name (typed or printed): (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No,: A Corporation Fax No.: Corporation Name: f I kill LC 'o � �r �� ` / ` S (SEAL) State of Incorporation: 1 1 fhol 4 L.�� .9 Type (General Business, Pr o> iona , e,r Jce, Limited Liability): �1��h By: (Signature) Name (typed or printed): Title: _ l &c7 Attest �! ` L- 1. L. ' L ! 1 � —"' (CORPORATE SEAL) (Signature rporate Secretary) Business Street Address (No P.O. Box #'s): J-Z i qQ Phone No.: � t? Fax No.: 600034- f792ll -0 €: 2010 Bon.trx 0041 10 -6 BID FORM A Joint Venture Joint Venture Name: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Fax No.: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above), END OF DOCUWIENT 000034- 09217-0 © 2010 Bo-t- 0041 10 -7 BID FORM To the New Hope 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. (1)(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 fi - aud 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 eans of construction and to finish all materials specified, in the manner and at the time prescri ed, all according to the terms of the Contract and Plans, Specifications, and the Special Provisions forming a part of this. (1)(We) further propose to do all Extra Work that may be required to compl to the contemplated improvement, at unit prices or lump sums to be agreed upon in writing before tarting such work, or if such prices or sums cannot be agreed upon, to do such work on a Force ccount basis, as provided in Mn/DOT 1904. (I)(We) further propose to execute the form of Contract within 10 days after receiving 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) c qual 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 ag regate liability shall be equal to the amount of the contract, as security for the construction and comp l 'ion of the improvement according to the Plans, Specifications and Special Provisions as prov ded in Mn/DOT 1305. (1)(We) further propose to do all work according to the Plans, Specifications and pecial Provisions, and to renew or repair any work that may be rejected due to defective mate 'als 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. .r- The following Non - Collusion Affidavit shall be executed by the bidder: State Project No. I y " 1 0 q - C.� b-S Federal Project No. State of Minnesota ss COtlnty Of �et ne,OE i-� 1, Ara.e_s� , do state under penalty of (name of person signing this affidavit) perjury under 28 U.S.C. 1746 of the laws of the United States: (1) that I am the authorized representative of Ai,,.- ,e5�� 'o'—Ir /P 5 (name of person, partnership or corporation submitting this proposal) and that I have the authority to make this affidavit for and on behalf of said bidder; (2) that, in connection with this proposal, the said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding; (3) that, to the best of my knowledge and belief, the contents of this proposal have not been communicated by the bidder or by any of his /her employees or agents to any person who is not an employee or agent of the bidder or of the surety on any bond furnished with the proposal and will not be communicated to any person who is not an employee or agent of the bidder or of said surety prior to the official opening of the proposal, and (4) that I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed: (bidder or his authorized representative) AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Minnesota Dirt Works Inc. 321 9th Avenue NE Lonsdale MN 55046 as Principal, hereinafter called the Principal, and Trav_ elers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 corporation duly organized under the laws of the State of L as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE 4401 X Ion Avenue North New Hope, MN 3s Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% } `or the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, ,xecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. NHEREAS, the Principal has submitted a bid for 45th Avenue Pond Improvements JOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with ie Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or ,ontract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt ayment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter uch Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the enalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith Dntract 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. igned and sealed this 28th day of October L t. Minnesota Dirt Worrj s, Inc 2010 Daniel C. Ames President Travelers Casua and of America Late uvl_U1VM1N I AMU ® 151" BUIND ® ALA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State Of MINNESOTA ) ) ss. On this 28th day of October 20 10 County of ) before me appeared Daniel C. Ames to me personally known, who, being by me duly sworn, did say that he is the President of MINNESOTA DIRT WORKS, INC. a corporation, tha the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Daniel C. Ames acknowledged said instrument to be the free act and deed of said corporation. ACKNOWLEDGMENT OF CORPORATE SURETY Late of MINNESOTA ) ) ss. On this 28th day of October 20 10 ounty ofHENNSP11v ) before me appeared Linda K. French * me personally known, who, being by m6 duly sworn, did say that he * the A tt orn e y -in -Fact f TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, that the eat affixed to the foregoing instrument is the corporate seal of said :)rporation and that. said instrument was executed in behalf of said Drporation by authority of its Linda K. French — acknowledged red of said corporation. RACHEL THOMAS NOTARY PUBLIC- MINNESOTA o, My Commission Expires Jan. 31, 2615 Board of Directors; and that said said instrument to be the free act and f b Notary Pub '�',� County, My commission expires IS INVALID WITHOUT THE RED BORDER c p C i POWER OF ATTORNEY r RQ y ELG rt a `' Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company kttorney -In Fact No. 220902 Certificate No. 0 ,NOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance 'ompany are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and 'ravelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty 'ompany is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under ie laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin terein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint truce N. Telander, Donald R. Olson, John E. Tauer, John P. Martinsen, Linda K. French, R. Scott Egginton, R. W. Frank, 'raig Remick, Rachel Thomas, Nicole Nelson, Joshua R. Loftis, and Brian J. Oestreich the City of Minneapolis , State of Minnesota , their true and lawful Attorneys) -in -Fact, tch in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and her writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of mtracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. d WITNE bWHEREOF, the Comp niees caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th .v of y Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company I N+d .l WIIWI „unxwrx.. MYNpI GAB Uq< V PIKE 6 tlyk �1•N I/(S• .+ Y .N ..... . y PytY ANO SU9 tY ? �L p .t'•r``o O • 9 JP ......4 •* y J s o 79n NCOAPpR9TfD zt � e.ms sW:eoa _ rft* HARTFO S i RD, jj H4RTFDR0. ;q�q *�a � � �9J '� � �'SE$L `onj �• oi CCHN. n �GOHM�g N 1896 t a y of ��:, SEALi3 W o G 6: � * �p �, � ;yso� a a....,.:-'a`r:' a.• ' d° y p t � � y S • � e a� t ... vy � 1iM'► ANA rte of Connecticut ty of Hartford ss. By: Georg Thompson, enior ice President i this the 25th day of February 2009 before me personally appeared George W. Thompson, who acknowledged nself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, %, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety mpany, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, -cuted the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 3 G•to- Witness Whereof, I hereunto set my hand and official seal. TAti1 Commission expires the 30th day of June, 2011. �r/6uGs 440 -4 -09 Printed in U.S.A. `C�1 cam► C . �.��,�eau.Sl.k Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID OF This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardi Ins ance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unit an ed ur States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf :)f the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the :�ompany's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any )f said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is ?URTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may lelegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy hereof is filed in the office of the Secretary; and it is URTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking hall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice resident, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the 'ompany's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power rescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is URTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, iy Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any rtificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds d undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal all be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on Company in the future with respect to any bond or understanding to which it is attached. {ori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance iderwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and rety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing i true and correct copy of the Power of Attorney executed by said Companies; which is in full force and effect and has not been revoked. TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28 th day of October , 20 _1 Q Kori M. Johans Assistant Secretary sN ro1m o0 pASU,�(r fiRE p 44'4y .+..."'r � �� " b r ;� p� *% .NSG9 pp ^ aY 1NSUg9�•".. JP,tY A/Vp mrvY i 19 8 2 0 � y 9� �AOR9tEQ � �� a! r. �i f n iW ;�oaeoaar '• �:. oP s � 4� HpF7F0HD, FN.4TF0 c a5 IAY4q�pp� .SEAL a CONN. n CDNN. 1896 •. ;v o �p Hw w��n lncM ti AN� s •....... raba erify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the e -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHO THE RED BORDER i i 1 1 THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Minnesota Dirt Works 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 generally consists of the expansion of the existing storm water pond, storm sewer modifications along with erosion control and restoration. 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: 45 Avenue Pond Improvements, City Project No. 855. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Bonestroo (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be Substantially Completed on or before June 30, 2011, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 15, 2011. Substantial Completion Date shall be defined as the completion of the following items: 1. Installation of the storm sewer piping. 2. Pond Excavation and grading. 3. Street, curb and gutter and sidewalk patching. 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 AGREEMENT FORM © 2010 Bonestroo 100034-09217-0 005210-1 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. B. 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: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on the Total Base Bid of Ninety -Three Thousand Six Hundred Seventy Dollars and No Cents ($93,670.00). 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). 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 14.0235 of the General Conditions and less AGREEMENT FORM © 2010 Bonestroo 100034-09217-0 005210-2 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7— INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. - Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. AGREEMENT FORM © 2010 Bonestroo 100034-09217-0 005210-3 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I_\ �'I� �L•T a•I�1►1�1i 7 C i 1 #T41j1 u' 1 ► k f_1 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Prevailing Wage Rates. 7. Drawings bearing the following general title: 45 Avenue Pond Improvements. 8. Addenda (None). 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. 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 1411i1W 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. AGREEMENT FORM © 2010 Bonestroo 100034-09217-0 005210-4 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 Severabiiity A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the Bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the Bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2010 Bonestroo 100034-09217-0 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on ' 4 , 2010 (which is the Effective Date of the Agreement). City of Neky Hope Minnesota B r Attest: c �'W HO 4401 XYLON AVE t Contractor: Minnesota Dirt Works--I nc. By: -4 t 1 - Attest; r Address for giving notices: License No.: (Where Applicable) NEW HOPE V iX Phone. Facsimile: 763 - 531-51 % ' -- ' P -'3 Designated Representative: Name: ' pa-n /4 ` e-S Title: prG5 � cV&J Address: 321 yk -'c_ Lon alt Itip .SS qc Phone: G /Z 1 / `J 3 5 3 e Facsimile: (,(Z t1cs 6 $ 131 END OF SECTION AGREEMENT FORM © 2010 Bonestroo 100034-09217-0 005210-6 I J pi 91 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Minnesota Dirt Works, Inc. 321 9th Avenue NE Lonsdale, MN 55046 OWNER (Name and Address): CITY OF NEW HOPE 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 CONTRACT Date: November 8, 2010 Amount: ($93,670.00 ) Ninety Three Thousand Six Hundred Seventy Dollars and 00/100 Description (Name and Location): City Project No. 855; 45th Avenue Pond Improvements BOND Bond Number. 105517102 Date (Not earlier than Contract Date): November 30, 2010 Amount: ($93 ,670.00 ) Ninety Three Thousand Six Hundred Seventy Dollars and 00/100 Modifications to this Bond Form: none Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIP Company: 0 Minnesota Dirt Wor I.n° Signature: 1 � (Seal) Name and Title: DanitdTC. Ames President (Space is provided below for signatures of additional Parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY Travelers Casualty and Surety Company of America (Seal) Surety's Name and Corporate Seal By: Signature and Title L` da K. French Attorney -in -Fact (Attach Power of Attorney) Attest Signature and Title Rachel Thomas Surety Account Rep SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest. Signature and Title: (Seal) EJCDC No. C -610 (M Edition) Originally prepared through the joint efforts of the Surety Aasosiation of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610 -1 1. Contractor and Surety, jointly and severalty, 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 Band, 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 Contact, 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 Cenntractor Default and formally terminated Contractors 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 33. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety #hail promptly and at Surety's expense take one of the following actions: 43. Arrange for Contractor, with consent of Owner, to perform and co nplete The Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent cortssctors; or 4.3. Obtain bids or negotiated proposals from qualified connectors 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 beards executed by a qualified surety equivalent to du: bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness tinder 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. S. If Surety does net 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 tinder 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 refuse the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has Terminated Contractors right To comptebe 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 Contraaor 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 detective Work and completion of the Contract; 62. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or faihre to ad 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- petformance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Comracx, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit dhall be applicable. 10. Notice to Surety, Owner, or Connector shall be mailed or delivered to the address shown on the signature page. 1 I. 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 deenxd deleted hereth m and provisions conforming to such statutory mquirema t shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bored and trot as a common law bond. 12. Definitions. 12.1 balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract alter all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settkawnt of insurance or other Claims for damagca to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Cerium* The agreement between Owner and Contractor identified on the signature page, including all Contract Documents trod changes thereto. 123. 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 Contracor as required by the Contract or to perform and complete or comply with the other terns thereof FOR INFORMATION ONLY — Name, Address and Telephone 612- 349 -2400 Surety Agency or Broker Cobb Strecker Dunphy & Zimmermann, Inc. 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 Owner's Respresentative (engineer or other party) Bonestroo 2335 Highway 36 West, St. Paul, Minnesota 55113 00610 -2 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Plane of Business): Minnesota Dirt Works, Inc. 321 9th Avenue NE Travelers Casualty and Surety Company of America Lonsdale, MN 55046 One Tower Square O CI� R F NEW HOPE ) Hartford, CT 06183 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Date November 8, 2010 Amount: ($93,670.00 ) Ninety Three Thousand Six Hundred Seventy Dollars and 00/100 Description (Name and Location): City Project No. 855; 45th Avenue Pond Improvements BOND Bond Number: 105517102 Date (Not earlier than Contract Date): November 30, 2010 Amount, ($93,670.00 ) Ninety Three Thousand Six Hundred Seventy Dollars and 00/100 Modifications to this Bond Form: none Surety and Contractor, intending to be legally bound hereby, subject to the term 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 PRINC AL I Company: Minnesota Dirt r Signature: (Seal) Name and Title• D niel C. Ames President (Space is provided below for signatures of additional parties, if required ) CONTRACTOR AS PRINCIPAL Company: 5igmture: _ Name and Title: R141141 Travelers Casualty and Surety Company of America (Seal) Surety's Name apd Corporate S By: Signature and Title Linda K. French Attorney -in-Fact (Attach Power of Attorney) Attest; i � Signature and Title Rac el Thomas Surety Account Rep SURETY . Surety's Nair and Corporate Seal (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) FJM No. C-615 (2092 Edition) )riginally prep" through the joint efforts orthe Surety Association of America, Engineers Joint Contract Document* CommittM the Associated Gen" Contractors of America, the American Institute of Architects, the American Subcontraders Association, and the Associated Specialty ContraMMom 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 pr mvtly notified Contractor and Surety (at the addresses dtscnW 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. 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 dare or perfoanod; 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 front 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, ststing that a claim is being node under this Band and enclosing a copy of the previous written notice famished to Contractor. 5. If a notice by s Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the anxxvit of this Bond shall be credited for any payments made in good faith by Surety. 9. 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 tirrnishing 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. i 1. No suit of 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 perfom>ed 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, shill be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to.compdy 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 parrnit a copy to be made. 1$. DEFINITIONS 15.1. Claimant An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to famish 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, architectraai and engineering services required f performance of the Work of Contractor and Contractor's Subcontractor, and all other items for which a mechanic's lien nay be asserted in the jurisdiction whore the labor, materials, or equipment were furnished 152. 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 requited by the Contract or to perform and complete or comply with the other teams thereof. FOR INFORMATION ONLY -- Nance, Address and Telephone 1512- 349 -2-400 I Surety Agency orBroker- Cobb Strecker Dunphy & Zimmermann, Inc. 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (engioeerorother Bonestroo 2335 Highway 36 West, St. Paul, Minnesota 55113 00615 -2 ACKNOWLEDGMENT OF CORPORATION State Of MINNESOTA ) ss. On this day of 20 County of ) before me appeared Daniel C. Ames to me personally known, who, being by me duly sworn, did say that he is the President of MINNESOTA DIRT WORKS, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Daniel C. Ames acknowledged said instrument to be the free act and deed of said corporation. VALERIE LEONE NOTARY PUBLIC - MINNESOTA Hotary Public Xj(), IL4 0,4)"Ll i.... Co un ty, 60 MY Commission Expires Jan. 31, 2015 MY commission expirets— El ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 30th day of November 20 10 :7ounty of HENNEPIN ) before me appeared Linda K. French to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact �f TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said ,orporation and that said instrument was executed in behalf of said -orporation by authority of its Board of Directors; and that said Linda K. French acknowledged said instrument to be the free act and seed of said corporation. NICOLE MARIE NELSON Notary Public County, NOTARY PUBLIC•MINNESOTA MY commission expires MY Commission Expires Jan. 31, 2015 WARNING: THIS POWER OF ATTORNEY 15 � *'� M I TRAVELEM Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220902 Certificate No. 003801545 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bruce N. Telander, Donald R. Olson, John E. Tauer, John P. Martinsen, Linda K. French, R. Scott Egginton, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Nelson, Joshua R. Loftis, and Brian J. Oestreich of the City of Minneapolis , State of Minnesota , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITN F bWHHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of y 25th Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company a l e �4n e0 J�f 19f I � t` State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice Pre ident On this the 25th day of February 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, sxecuted the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. e 4r to Witness Whereof, I hereunto set my hand and official seal. o Wy Commission expires the 30th day of June, 2011. Mane C. Tetreault, Notary Public 58440 -4 -09 Printed in U.S.A. WARNI THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30th day of November 20 IQ Kori M. Johans Assistant Secretary umE 4 411, � •w"'"w.,, y �:WMYKYg q , pRSU,� y4 \R 4 h \TW... NS • INSUq °, p �tY Ary ? (T S, o c Z. • 4 � gy p,. , q �+" ......... O s� n ' BCCRPORAtEp w �- 9Z ai�cR a,NRA> m : W`:ccpPORATf:m4 oP 9m,, IxcaPo'aghp H ; . n = c HARTFORD, � HARtFCRD, '$ 9 a 1.9. a �`• S E A G�io 3 t : 1 a�6 „ �o � a �� ter'•.. , P :•+,�' 5 ........• . � To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. THIS POWER OF ATTORNEY IS IN VALID WITHOUT THE RED I J O C C 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 4 ®EKrsur F ApEI�! ! sit �^c 4 The Associated General Contractors of America Knowledge for Creating grad Sustaining v iff the Built Environment Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright CC 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 © 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 ....................................................................................................................... ............................... l 1 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 R ights ........................................................................................................................ .............................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 � ;mergencies.......... 6.17 Shop D wings 6.18 and Samples ........ .............. Continuing the 6.19 ...... . Work...... Contr actor's General WaT- ....... ............................... 6.20 ................ ................................... ran........ Indemnification..... ty and 6.21 Guar antee.......... ...................... . ................ ............................... elegation o ................. ............................... OR ofessional Design ARTICLE 7 . 24 -OTHER Services......... .......................... 7.01 ATTHE SITE ....... Related Work at Sit 7 . 02 ..... Coordination 7.03 ......25 Legal Rela tionships....... ........... ............................... AR TICLE 8 25 - OWNER'S � ' .......................................... ............................... RESPONSIBILITIES 8.01 C ommunication s ""'•••••••- •••��•...25 ...... .. ............................... to Contractor.... 8.02 .... ............................... Replacement 26 o -, 8.03 Engineer ., • •,,, Furnish ...... ............................... Data.......... 26 8.04 ................. 26 ................ .............................. a en Due ...... 8.05 ....... .................... Lands and Easements; � • Re 8.06 Insurance p and Tests...... " ' " "" ......... ...................... ............... 8.07 Change Orders.......' ............ . ........ ' .............. 26 ........................... ............................... ............................... 8.08 ......... 26 Inspections, Tests, and "' ". """...... 8.09 Limitations pprovals...... ........................... ..... ............................... on owner s I O Undisclosed _ ............................. 8.11 Evidence o Hazardous Enoonmenztal Condition..... .............................................. _ 26 ARTICLE 9 _ •fFznancial Arra ngemems.... .. .................................... ENGINEER'S ••••'• ............................. ............................... STATUS DU 9.01 Owner's " " "' ... Representative.....•., C' CONSTRUCTION...... •.27 ....................... en .................... .. "' ............. 9. 02 Visits to Site r ................ 27 .. ....... ...................... ............................... 9.03 Project Representativ .............................................. ............................... ......... - ..............27 ......... Authorized Variations in Work ��• 9.05 Rejecting ......... 27 .........................27 .... -�••� Defective Work, 9 .06 ..... ............................... .... ............................... Shop Drawin .............. ............................... . ............................ s g ...................... 9.07 g Change Orders 27 and Pa Determinatio for Lrnit Price Work.......... 9.08 yments ................ ..................... D ecisions ............ 27 .................. on Re ................. .09 quzrements o ................. ..... ...........................bili ....................................... Limitations Documents .....27 .............................28 on Engineer s Ahoontract arad Qcce tabili ARTICLE 10 - CHANGES tY andRes p o nsibilities......p °f lj' °rk... THE .............................28 -. 10.01 Authorized WORK; CLAIMS ..... 10.02 Changes in the Work...... 28 ........... ............................. Unauthorized Changes in the Work..... 10.03 . ............................... Execution o .. Change Orders . ............................... Notification . " ' to Sure ............................ 10.05 Suret " ........................ ..................... ........... ARTICLE 11 - ............................... COST OF THE 11.01 WORK ALLO Cost of the WANCES; 29 Work ........ 11.02 Allowances ............. UNIT PRICE WORK..... 29 ........ ..... ........ 11.03 ........................ Unit Price Work .. ............................... AR TICLE 12 ... 29 30 ............................... . - CHANGE OF 12 .01 CONTRACT P ....... .............................................................. Change of Contract SCE' CHANGE Price .... • OF CONT 12.02 Chan ° RACT TIMES...... �' Contract 31 .............................31 12.03 .f Ti .......... " """••••••- •••••. . ............................... Delays. ARTICLE I ..................................................... 1 Not T E AND ..... ............................... ° TS ............................... I NSPECTIONS ; CO 13.01 RRECTTO . .......................................................... Defects... 33 N, REMOVA " "' 13.02 Access to W .............................33 L OR ACCEP W ork NCE OF 13.03 .............. ...... ............................... DEFECTIVE Tests and Inspection .............................. 13.04 WO ...... Uncoverin g Work....... " " " ""'••••••••••• .............. ............................... . 13.05 ................... ..... .......... Owner y NIa Stop the Work...... 13.06 ..................... 33 ................................................... Correction or Removal o 13.07 Defective Correction Period..,-, •f .I............................. Work......... " "" ................................. ............................... 13.08 ..... ............................... 34 Acceptance o 13.09 f Defective Work ............................... 34 .......... Owner May Correct Defective Work ARTICLE 14 34 ............................................................ - PAYMENTS TO CONTRACTOR 14.01 RACTOR Schedule ofValues..,,,, .� *" *...' . .............................. AND COMPLETION ..... 34 .................... 14.02 Progress ...... . 35 Pa 14 Yments .............................. ............................... -..... ............................... ... .. ............................... ......................... C ontractor's ................35 W. ............................... 14.04 t) of Title 36 ..... Substantial Co mpletion...... • ........ EJCD ............................ C C -700 Standard ........36 CoAYright©2002NationalSocie �•�•"• " " " " ""•••••••••• General Conditions of the Construction tY 37 Contract, of Professional Engineers for EJCDC. 00700 3 7 - Q All rights reserved. 14.05 Partial Utilization ..................................................................................................................... .............................38 14.06 Final Inspection ........................................................................................................................ .............................38 14 .07 Final Payment ........................................................................................................................... .............................38 14.08 Final Completion Delayed ........................................................................................................ .............................39 14.09 Waiver of Claims ...................................................................................................................... .............................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................ .............................39 15.01 Owner May Suspend Work ........................................................................................................ .............................39 15.02 Owner May Terminate for Cause .............................................................................................. .............................39 15.03 Owner May Terminate For Convenience .................................................................................. .............................40 15.04 Contractor May Stop Work or Terminate ................................................................................. .............................40 ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................... .............................41 16.01 Methods and Procedures .......................................................................................................... .............................41 ARTICLE17 - 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 G? 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 11.0 LA 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 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition- -The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such 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 perfonnance 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 O 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 Subsui face or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright V 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 parry may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.0l.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.013 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being perform 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 cG 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of 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 parry 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 party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other parry's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or- Equal" Items. If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to famish 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 6.05.8 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 Engine 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 Subc ontractor , Supplier, or other ind EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or famishing 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 t 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. L 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 co or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. who is a parry to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed p whose signature and seal otherwise make its several parts come together and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright U 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0l.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.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Conti-act 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.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.13. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5. 06.1)), provided such losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.OLA and 11.01.13. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs I1.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0LAA, 11.0LA.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 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 007 00-32 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.D 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 furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. 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. 1.3.09 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 gfApplications 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 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 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 bee completed and Contractor's other obligations 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 tho se 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 C) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 expedient. complete the Work as Owner may deem C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0 LA, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and bindiniz. 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 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 a •• 1 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 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions, and the Bonestroo Plan Room Terms of Use and Limitations on Use. h• OF • AND PHYSICAL CONDITIONS, POINTS REFERENCE SC -4.02 Delete Paragraphs 4.02.A and 4.02.8 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner or Engineer. SC- 4.04.A Add the following new item immediately after Item 2.d: 3. The subsurface utility information on the Drawings is utility quality level D. This quality level was determined according to the guidelines of CI /ASCE 38 -.2, entitled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data." 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- 5.033 Delete Paragraph 5.033 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. SUPPLEMENTARY CONDITIONS © 2010 Bonestroo 1000034-09217-0 007305-1 SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $1,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non - owned, and hired vehicles. $1,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.6.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC- 5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SUPPLEMENTARY CONDITIONS © 2010 Bonestroo 1000034-09217-0 007305-2 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. SC -5.06 Add the following new paragraph immediately after Paragraph 5.06.E: F. Contractor shall purchase and maintain during the entire construction period a Railroad Protective Liability Insurance Policy issued in the name of Burlington Northern and Santa Fe Railway Company with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A copy of the insurance certificate must be provided to Burlington Northern and Santa Fe Railway Company before they sign the permit. In lieu of this coverage, Contractor may participate in the Burlington Northern and Santa Fe Railway Company's Blanket Railroad Protective Liability Insurance Policy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1 -1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC- 6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC- 6.19.A Delete the words "representation of in the second sentence. ARTICLE 7 - OTHER WORK ARTICLE 8 - OWNER'S RESPONSIBILITIES ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR' to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: SUPPLEMENTARY CONDITIONS © 2010 Bonestroo 1000034-09217-0 0073 05-3 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other Project - related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. S. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start -ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. SUPPLEMENTARY CONDITIONS © 2010 Bonestroo ( 000034 - 09217 -0 007305-4 c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to the Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. SUPPLEMENTARY CONDITIONS © 2010 Bonestroo 1000034-09217-0 007305-5 c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. & Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC- 10.05.6 Amend the first sentence of Paragraph 10.05.6 by replacing the words °30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.6 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC- 11.01.A.5.c Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SUPPLEMENTARY CONDITIONS © 2010 Bonestroo 1000034-09217-0 0073 05-6 SC -11.03 Delete Paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ARTICLE CORRECTION, O. ACCEPTANCE L* DEFECTIVE WORV, 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.B5 Add the following new item immediately after Item 14.0235d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC- 16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC- 16.01.A and 16.01.B, but not including any claim in excess of $100,000, 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.C, and in all other cases within a reasonable time SUPPLEMENTARY CONDITIONS © 2010 Bonestroo ( 000034 - 09217 -0 007305-7 after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. in inclusions of such other individual or entity is necessary if, complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. N • � SUPPLEMENTARY CONDITIONS © 2010 Bonestroo ( 000034 - 09217 -0 0073 05-8 • 1 i` 1' 1.01 SUMMARY A. Section Includes 1. Basic requirements set by Funding Agency. 2. Contractor and subcontractors to comply with all Funding Agency Requirements. 1.02 PRICE AND PAYMENT PROCEDURE A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be included in Total Base Bid. 1.03 REQUIREMENTS A. Comply with the attached requirements set by the Funding Agency. B. This Project is a prevailing wage (State -Aid) contract. The Contractor shall comply with all Minnesota Department of Labor an Industry rules and guidelines. C. 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. The Contractor shall be liable for any unpaid wages to its workers or those of any subcontractor, ITO, MTO and/ Truck Broker. D. Contractor is responsible for documenting and submitting all appropriate labor and trucking documentation to the Engineer. .�� Not Used. PART 3 EXECUTION 3.01 LIST OF ATTACHMENTS A. Notice to All Bidders — Report Bid Rigging, B. Notice to All Bidders — Prompt Payment to Subcontractors. C. Notice to All Bidders — Suspensions /Debarments. D. State Funded Construction Contracts — Special Provisions Division A E. State of Minnesota Wage Determinations — MS 177.41 — 177.44. FUNDING AGENCY REQUIREMENTS © 2010 Bonestroo 1000034-09217-0 007340-1 F. Minnesota Department of Revenue Labor and Industry Prevailing Construction Projects: I. Hi ghway /Heavy, Wages for State Funded G. Minnesota Department of Revenue Labor and Industry H. Equal Employment Truck Rental Rates. p yment Opportunity (EEO) Special Provisions. END OF DOCUMENT © 2010 Bonestroo i 000034 - 09217 -0 FUNDING AGENCY' RE QUIREMENTS 007340 -2 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. 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 NOTICE TO BIDDERS SUSPENSIONS /DEBARMENTS July 6, 2010 Page 1 of 2 DEPARTMENT OF TRANSPORTATION NOTICE OF SUSPENSION NOTICE IS HEREBY GIVEN that the Department of Transportation (Mn/DOT) has ordered that the following vendors be suspended effective December 28, 2009, until final disposition of the hearing or hearing appeal: Riley Bros. Companies Inc. and its affiliates, Morris MN Riley Bros. Construction Inc. and its affiliates, Morris MN Riley Bros. Properties, LLC, and its affiliates, Morris MN Riley Bros. Utilities, Inc. dba /Chris Riley Utilities, Inc. and its affiliates, Morris MN NOTICE OF DEBARMENT NOTICE IS HEREBY GIVEN that the Department of Transportation (Mn/DOT) has ordered that the following vendors be debarred for a period of three (3) years effective February 24, 2010 until February 24, 2013: Joseph Edward Riley, Morris, MN John Thomas Riley, Morris, MN Minnesota Statutes, Section 161.315, prohibits the Commissioner, counties, towns or home rule or statutory cities from awarding or approving the award of a contract for goods or services to a person who is suspended or debarred; including 1) any contract under which a debarred or suspended person will serve as a subcontractor or material supplier, 2) any business or affiliate which the debarred or suspended person exercises substantial influence or control, and 3) any business or entity which is sold or transferred by a debarred person remains ineligible during the period of the seller's or transfer's debarment. NOTICE TO BIDDERS SUSPENSIONS /DEBARMENTS July 6, 2010 Page 2 of 2 DEPARTMENT OF ADMINISTRATION The Department of Administration in accordance with Minnesota Rules 1230.1150 has debarred and disqualified the following persons and businesses from entering into or receiving a State of Minnesota contract. NAME DATE OF DEBARMENT Joseph Edward Riley November 9, 2009 East 7th Street & Highway 59 Bypass Through November 9, 2012 Morris, Minnesota 56267 John Thomas Riley November 9, 2009 East 7 Street & Highway 59 Bypass Through November 9, 2012 Morris, Minnesota 56267 Riley Bros. Construction, Inc. November 9, 2009 East 7 Street & Highway 59 Bypass Through November 9, 2012 Morris, Minnesota 56267 Riley Bros. Companies Inc. November 9, 2009 East 7th Street & Highway 59 Bypass Through November 9, 2012 Morris, Minnesota 56267 Polyphase Electric Company May 5, 2010 2515 West Superior Street Through May 5, 2012 Duluth, MN 55816 -0151 Frances Harkonen May 5, 2010 2515 West Superior Street Through May 5, 2012 Duluth, MN 55816 -0151 Minnesota Rules Part 1230.1150, Subpart 6 requires the Materials Management Division to maintain a master list of all suspensions and debarments. The master list must retain all information concerning suspensions and debarments as a public record for at least three years following the end of a suspension or debarment. This list can be found at: http f/ www. imnd . adrni n_s tate.mn.us / debarredre ort STATE FUNDED CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION LABOR 2006 April 7, 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 3 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 parry 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. Minnesota Statute 177.41 2 MN/DOT Standard Specifications for Construction, Section 1103 3 Minnesota Statute 177.44, Subdivision 1 4 Minnesota Rules 5200.1106, Subpart 7(A) 5 Minnesota Rules 5200.1106, Subpart 5(A) 1 -A 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, 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) Minnesota Rules 5200.1106, Subpart 7(C) 8 Minnesota Rules 5200.1106, Subpart 7(B) 9 Minnesota Statute 177.41 to Minnesota Statute 177.44, Subdivision 1 11 Minnesota Statute 177.44, Subdivision 5 12 Minnesota Rules 8820.3000, Subpart 2 13 Minnesota Court of Appeals Case Number: C6 -97 -1582 2 -A G. For additional information refer to: www.dot.state.nm.us /const /labor / . IV. 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. All contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer . 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. 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 181.10 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 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. 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 Kev. 12f Z512UU6 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- calli 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. 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." 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. 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 3' 29 CFR Part 5.23 35 29 CFR Part 5.29(f) 36 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 5 -A 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 . 39 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 ". Contractors needing clarification shall contact MN /DLI or the MN /DOT Labor Compliance Unit at (651) 296 -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. 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 29 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. 12/1& 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 1. The apprentice is performing the work of his /her trade. 2. The apprentice is registered with the U.S. DOL Bureau of Apprenticeship and Training or 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 performed .47 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 similarr 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 45 Minnesota Rules 5200.1070 46 MNDOLI 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 MNzDOT Standard Specifications for Construction, Section 1801 50 Minnesota Statute 161.315, Subdivision 3(3) 7 -A until the project is 100 percent completes' 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. 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 establishments 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 (I - 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 may be 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 54 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 3B(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, 60 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. 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). � 1 _� 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 perfonn 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. 68 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 68 MN /DOT Standard Specifications for Construction, Section 1801 69 MN /DOT Standard Specifications for Construction, Section 1906 9 -A 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 1(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 177.41 STATE PROJECTS AND STATE HIGHWAY CONSTRUCTION; PUBLIC POLICY. It is in the public interest that public buildings and other public works be constructed and maintained by the best means and highest quality of labor reasonably available and that persons working on public works be compensated according to the real value of the services they perform. It is therefore the policy of this state that wages of laborers, workers, and mechanics on projects financed in whole or part by state funds should be comparable to wages paid for similar work in the community as a whole. History: 1973c724s1: 1975c191 s1: 1984 c 628 art 4 s I 177.4 DEFINITIONS. Subdivision l.Scope. As used in sections 177.41 to 177.44 the terms defined in this section have the meanings given them except where the context indicates otherwise. Subd. 2.Project. "Project" means erection, construction, remodeling, or repairing of a public building or other public work financed in whole or part by state funds. Subd. 3.Area. "Area" means the county or other locality from which labor for any project is normally secured. Subd. 4.Prevailing hours of labor. "Prevailing hours of labor" means the hours of labor per day and per week worked within the area by a larger number of workers of the same class than are employed within the area for any other number of hours per day and per week. The prevailing hours of labor may not be more than eight hours per day or more than 40 hours per week. Subd. 5.Houriy basic rate. "Hourly basic rate" means the hourly wage paid to any employee. Subd. 6.Prevailing wage rate. "Prevailing wage rate" means the hourly basic rate of pay plus the contribution paid to or for the largest number of workers engaged in the same class of labor within the area for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of: (1) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and (2) the rate of costs to the contractor or subcontractor that may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected. "Prevailing wage rate" includes, for the purposes of section 177.44 rental rates for truck hire paid to those who own and operate the truck. The prevailing wage rate may not be less than a reasonable and living wage. Subd. 7.Employer. "Employer" means an individual, partnership, association, corporation, business trust, or other business entity that hires a laborer, worker, or mechanic. History: 1973 c 724 s 2; 1975 c 191 s 2; 1984 c 628 art 4 s 1 2009 c 78 art 5 s 6 7 177.43 CONTRACTS FOR STATE PROJECTS; PENALTY. Subdivision l.Hours of labor. Any contract which provides for a project must state that: (1) no laborer or mechanic employed directly on the project work site by the contractor or any subcontractor, agent, or other person doing or contracting to do all or a part of the work of the project, is permitted or required to work more hours than the prevailing hours of labor unless paid for all hours in excess of the prevailing hours at a rate of at least 1 -1/2 times the hourly basic rate of pay; and (2) a laborer or mechanic may not be paid a lesser rate of wages than the prevailing wage rate in the same or most similar trade or occupation in the area. Subd. 2.Exceptions. This section does not apply to wage rates and hours of employment of laborers or mechanics who process or manufacture materials or products or to the delivery of materials or products by or for commercial establishments which have a fixed place of business from which they regularly supply processed or manufactured materials or products. This section applies to laborers or mechanics who deliver mineral aggregate such as sand, gravel, or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. Subd. 3.Contract requirements. The contract must specifically state the prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay. The contracting authority shall incorporate into its proposals and all contracts the applicable wage determinations for the contract along with contract language provided by the commissioner of labor and industry to notify the contractor and all subcontractors of the applicability of sections 177.41 to 177.44 Failure to incorporate the determination or provided contract language into the contracts shall make the contracting authority liable for making whole the contractor or subcontractor for any increases in the wages paid, including employment taxes and reasonable administrative costs based on the appropriate prevailing wage due to the laborers or mechanics working on the project. The contract must also provide that the contracting agency shall demand, and the contractor and subcontractor shall furnish to the contracting agency, copies of any or all payrolls not more than 14 days after the end of each pay period. The payrolls must contain all the data required by section 177.30 The contracting authority may examine all records relating to wages paid laborers or mechanics on work to which sections 177.41 to 177.44 apply. Subd. 4.Determination by commissioner; posting; petition for reconsideration. The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all trades and occupations required in any project must be ascertained before the state asks for bids. The commissioner of labor and industry shall investigate as necessary to ascertain the information. Each contractor and subcontractor performing work on a public project shall keep the information posted on the project in at least one conspicuous place for the information of the employees working on the project. A person aggrieved by a final determination of the commissioner may petition the commissioner for reconsideration of findings. A person aggrieved by a decision of the commissioner after reconsideration may, within 20 days after the decision, petition the commissioner for a public hearing in the manner of a contested case under sections 14.57 to 14.61 Subd. 5.Penalty. It is a misdemeanor for an officer or employee of the state to execute a contract for a project without complying with this section, or for a contractor, subcontractor, or agent to pay any laborer, worker, or mechanic employed directly on the project site a lesser wage for work done under the contract than the prevailing wage rate as stated in the contract. This misdemeanor is punishable by a fine of not more than $700, or imprisonment for not more than 90 days, or both. Each agent or subcontractor shall furnish to the contractor evidence of compliance with this section. Each day a violation of this section continues is a separate offense. Subd. 6.Examination of records; investigation by the department. The Department of Labor and Industry shall enforce this section. The department may demand, and the contractor and subcontractor shall furnish to the department, copies of any or all payrolls. The department may examine all records relating to wages paid laborers or mechanics on work to which sections 177.41 to 177.44 apply. The department shall employ at least three investigators to perform on -site project reviews, receive and investigate complaints of violations of this section, and conduct training and outreach to contractors and contracting authorities for public works projects financed in whole or in part with state funds. Subd. 6a.Prevailing wage violations. Upon issuing a compliance order to an employer pursuant to section 177.27, subdivision 4 , for violation of sections 177.41 to 177.44 the commissioner shall issue a withholding order to the contracting authority ordering the contracting authority to withhold payment of sufficient sum to the prime or general contractor on the project to satisfy the back wages assessed or otherwise cure the violation, and the contracting authority must withhold the sum ordered until the compliance order has become a final order of the commissioner and has been fully paid or otherwise resolved by the employer. During an investigation of a violation of sections 177.41 to 177.44 which the commissioner reasonably determines is likely to result in the finding of a violation of sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section 177.27 subdivision 4 , the commissioner may notify the contracting authority of the determination and the amount expected to be assessed and the contracting authority shall give the commissioner 90 days' prior notice of the date the contracting authority intends to make final payment. Subd. 7.Applicability. This section does not apply to a contract, or work under a contract, under which: (1) the estimated total cost of completing the project is less than $2,500 and only one trade or occupation is required to complete it, or (2) the estimated total cost of completing the project is less than $25,000 and more than one trade or occupation is required to complete it. History: 1973 c 724 s 3; 1975 c 191 s 3 ,4; 1976 c 331 s 37; 1982 c 424 s 130; 1984 c 628 art 3s11; art 4s1; 2007 c 135 art 3 s 11 -14; 2009 c 78 art 5 s 8 177.435 FACILITY CONSTRUCTION; PREVAILING WAGE. Construction of value -added agricultural product processing facility financed in whole or in part with a loan or grant provided under section 41A.035 41B.044 or 41B.046 is a "project" as that term is defined in section 177.42 subdivision 2 . Contracts for the construction or expansion of a value -added agricultural product processing facility that is a project under this section must comply with section 177.43 if the loan or grant agreement was entered into on or after December 31, 1995. History: 1995 c 220 s 113 177.44 HIGHWAY CONTRACTS; HOURS OF LABOR; WAGE RATES; PENALTY. Subdivision 1.Hours, wages permitted. A laborer or mechanic employed by a contractor, subcontractor, agent, or other person doing or contracting to do all or part of the work under a contract based on bids as provided in Minnesota Statutes 1971, section 161.32 to which the state is a party, for the construction or maintenance of a highway, may not be permitted or required to work longer than the prevailing hours of labor unless the laborer or mechanic is paid for all hours in excess of the prevailing hours at a rate of at least 1 -112 times the hourly basic rate of pay of the laborer or mechanic. The laborer or mechanic must be paid at least the prevailing wage rate in the same or most similar trade or occupation in the area. Subd. 2.Applicability. This section does not apply to wage rates and hours of employment of laborers or mechanics engaged in the processing or manufacture of materials or products, or to the delivery of materials or products by or for commercial establishments which have a fixed place of business from which they regularly supply the processed or manufactured materials or products. This section applies to laborers or mechanics who deliver mineral aggregate such as sand, gravel, or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. Subd. 3. Investigations by Department of Labor and Industry. The Department of Labor and Industry shall conduct investigations and hold public hearings necessary to define classes of laborers and mechanics and to determine the hours of labor and wage rates prevailing in all areas of the state for all classes of labor and mechanics commonly employed in highway construction work, so as to determine prevailing hours of labor, prevailing wage rates, and hourly basic rates of pay. The department shall determine the nature of the equipment furnished by truck drivers who own and operate trucks on contract work to determine minimum rates for the equipment, and shall establish by rule minimum rates to be computed into the prevailing wage rate. Subd. 4.Certification of hours and rate. The commissioner of labor and industry shall at least once a year certify the prevailing hours of labor, the prevailing wage rate, and the hourly basic rate of pay for all classes of laborers and mechanics referred to in subdivision 3 in each area. The certification must also include future hours and rates when they can be determined for classes of laborers and mechanics in an area. The certification must specifically state the effective dates of future hours and rates when they are certified. If a construction project extends into more than one area there shall be only one standard of hours of labor and wage rates for the entire project. A person aggrieved by a final determination of the commissioner may petition the commissioner for reconsideration of findings. A person aggrieved by a decision of the commissioner after reconsideration may within 20 days after the decision petition the commissioner for a public hearing as in a contested case under sections 14.57 to 14.61 If the commissioner finds that a change in the certified prevailing hours of labor, prevailing wage rate, and the hourly basic rate of pay for a class of laborers or mechanics in any area is required, the commissioner may at any time certify that change. Subd. 5.Hours and rates to be posted. The prevailing hours of labor, the prevailing wage rates, the hourly basic rates of pay, and classifications for all labor as certified by the commissioner must be specifically stated in the proposals and contracts for each highway construction contract to which the state is a party. These hours, rates, and classifications, together with the provisions of subdivision 6, must be kept posted on the project by the employer in at least one conspicuous place for the information of employees working on the project. Subd. 6.Penalties. A contractor, subcontractor, or agent who violates this section 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. Whoever induces a job applicant or employee on any project subject to this section to give up or forgo any part of the wages to which entitled under the contract governing the project by threat not to employ, by threat of dismissal from employment, or by any other means may be fined not exceeding $1,000 or imprisoned not more than one year or both. Any employee under this section who knowingly permits the contractor or subcontractor to pay less than the prevailing wage rate set forth in the contract, or who gives up any part of the compensation to which entitled under the contract, may be fined not exceeding $40 or imprisoned not more than 30 days or both. Each day any violation of this paragraph continues is a separate offense. Subd. 7.Department of Transportation to enforce. The Department of Transportation shall require adherence to this section. The commissioner of transportation may demand and every contractor and subcontractor shall furnish copies of payrolls. The commissioner of transportation may examine all records relating to hours of work and the wages paid laborers and mechanics on work to which this section applies. Upon request of the Department of Transportation or upon complaint of alleged violation, the county attorney of the county in which the work is located shall investigate and prosecute violations in a court of competent jurisdiction. History: 1973 c 724 s 4; 1975 c 191 s 5, 1976 c 166 s 7; 1976 c 331 s 38; 1982 c 424 s 130; 1984 c 628 art 4 s 1 1986 c 444 MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Highway and Heavy Region Number: 09 Counties within region: • ANOKA -02 • CARVER -10 • CHISAGO -13 • DAKOTA -19 • HENNEPIN -27 • RAMSEY -62 • SCOTT -70 • WASHINGTON -82 Effective: 2009 -12 -07 Revised: 2010 -01 -04 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building MS650 John Ireland Blvd St. Paul, MN 55155 (651) 366 -4209 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284 -5091 DLI.PrevWage@state.mn.us 10/11/2010 LABOR CODE AND CLASS 101 LABORER, COMMON (GENERAL LABOR WORK) 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT JOURNEYMAN) 103 LABORER, LANDSCAPING (GARDENER, SOD LAYER AND NURSERY OPERATOR) 104 FLAG PERSON 105 WATCH PERSON 106 BLASTER 107 PIPELAYER (WATER, SEWER AND GAS) 108 TUNNEL MINER 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT 2009 -12 -07 26.32 FEET BELOW STARTING GRADE LEVEL) 2010 -05 -01 27.02 110 SURVEY FIELD TECHNICIAN (OPERATE TOTAL STATION, GPS RECEIVER, LEVEL, ROD OR RANGE POLES, STEEL TAPE MEASUREMENT; MARK AND DRIVE STAKES; HAND OR POWER DIGGING FOR AND IDENTIFICATION OF MARKERS OR MONUMENTS; PERFORM AND CHECK CALCULATIONS; REVIEW AND UNDERSTAND CONSTRUCTION PLANS AND LAND 10/11/2010 EFFECT BASIC FRINGE TOTAL DATE RATE RATE RATE 2009 -12 -07 25.62 14.07 39.69 2010 -05 -01 26.32 14.97 41.29 2009 -12 -07 25.62 14.07 39.69 2010 -05 -01 26.32 14.97 41.29 2009 -12 -07 16.70 10.43 27.13 14.07 39.69 14.97 41.29 2009 -12 -07 25.62 2010 -05 -01 26.32 13.52 35.74 14.42 37.34 2009 -12 -07 22.22 2010 -05 -01 22.92 14.07 42.69 14.97 44.29 2009 -12 -07 28.62 2010 -05 -01 29.32 14.07 41.69 14.97 43.29 2009 -12 -07 27.62 2010 -05 -01 28.32 14.07 40.39 14.97 41.99 2009 -12 -07 26.32 2010 -05 -01 27.02 14.07 40.39 14.97 41.99 2009 -12 -07 17.00 3.25 20.25 2 SURVEY MATERIALS). THIS CLASSIFICATION DOES NOT APPLY TO THE WORK PERFORMED ON A PREVAILING WAGE PROJECT BY A LAND SURVEYOR WHO IS LICENSED PURSUANT TO MINNESOTA STATUTES, SECTIONS 326.02 TO 326.15. 111 TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 2009 -12 -07 25.62 2010 -05 -01 26.32 112 QUALITY CONTROL TESTER (FIELD AND COVERED OFF -SITE FACILITIES; TESTING OF AGGREGATE, ASPHALT, AND CONCRETE MATERIALS); LIMITED TO MN DOT HIGHWAY AND HEAVY CONSTRUCTION PROJECTS WHERE THE MN DOT HAS RETAINED QUALITY ASSURANCE PROFESSIONALS TO REVIEW AND INTERPRET THE RESULTS OF QUALITY CONTROL TESTERS. SERVICES PROVIDED BY THE CONTRACTOR. 201 ARTICULATED HAULER 202 BOOM TRUCK 203 LANDSCAPING EQUIPMENT, INCLUDES HYDRO SEEDER OR MULCHER, SOD ROLLER, FARM TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO - FRAMED FORKLIFT (EXCLUDING FRONT, POSIT - TRACK, AND SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS 204 OFF -ROAD TRUCK GROUP 2 302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY) 14.07 39.69 14.97 41.29 2009 -12 -07 16.28 4.07 20.35 2009 -12 -07 29.72 15.25 44.97 2010 -05 -01 31.57 15.85 47.42 2009 -12 -07 29.72 15.25 44.97 2010 -05 -01 30.72 15.85 46.57 2009 -12 -07 26.68 15.25 41.93 2010 -05 -01 27.68 15.85 43.53 2009 -12 -07 29.72 15.25 44.97 2010 -05 -01 30.72 15.85 46.57 2009 -12 -07 30.57 15.25 45.82 2010 -05 -01 31.57 15.85 47.42 10/11/2010 3 303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY) 304 ALL CRANES WITH OVER 135 -FOOT BOOM, EXCLUDING JIB (HIGHWAY AND HEAVY ONLY) 305 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND /OR OTHER SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 306 GRADER OR MOTOR PATROL (HIGHWAY AND HEAVY ONLY) 307 PILE DRIVING (HIGHWAY AND HEAVY ONLY) 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP 3 2009 -12 -07 30.02 15.25 45.27 2010 -05 -01 31.02 15.85 46.87 309 ASPHALT BITUMINOUS STABILIZER PLANT (HIGHWAY AND HEAVY ONLY) 310 CABLEWAY (HIGHWAY AND HEAVY ONLY) 311 CONCRETE MIXER, STATIONARY PLANT (HIGHWAY AND HEAVY ONLY) 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 313 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND /OR SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER (HIGHWAY AND HEAVY ONLY) 315 FRONT END LOADER, FIVE CUBIC YARDS AND OVER INCLUDING ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 316 LOCOMOTIVE CRANE OPERATOR (HIGHWAY AND HEAVY ONLY) 317 MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING MUCKING OPERATIONS, CONWAY OR SIMILAR TYPE (HIGHWAY AND HEAVY ONLY) 318 MECHANIC. WELDER ON POWER EQUIPMENT (HIGHWAY AND HEAVY ONLY) 319 TRACTOR. BOOM TYPE (HIGHWAY AND HEAVY ONLY) 320 TANDEM SCRAPER (HIGHWAY AND HEAVY ONLY) 321 TRUCK CRANE. CRAWLER CRANE (HIGHWAY AND HEAVY ONLY) 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP 4 2009 -12 -07 29.72 15.25 44.97 2010 -05 -01 30.72 15.85 46.57 323 AIR TRACK ROCK DRILL (HIGHWAY AND HEAVY ONLY) 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR (HIGHWAY AND HEAVY ONLY) 326 CONCRETE BATCH PLANT OPERATOR (HIGHWAY AND HEAVY ONLY) 10/11/2010 4 327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER) (HIGHWAY AND HEAVY ONLY) 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON) (HIGHWAY AND HEAVY ONLY) 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS (HIGHWAY AND HEAVY ONLY) 331 CHIP HARVESTER AND TREE CUTTER (HIGHWAY AND HEAVY ONLY) 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE (HIGHWAY AND HEAVY ONLY) 333 CONCRETE MIXER ON JOBSITE (HIGHWAY AND HEAVY ONLY) 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT (HIGHWAY AND HEAVY ONLY) 336 CURB MACHINE (HIGHWAY AND HEAVY ONLY) 337 DIRECTIONAL BORING MACHINE (HIGHWAY AND HEAVY ONLY) 338 DOPE MACHINE (PIPELINE) (HIGHWAY AND HEAVY ONLY) 339 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL (HIGHWAY AND HEAVY ONLY) 340 DUAL TRACTOR (HIGHWAY AND HEAVY ONLY) 341 ELEVATING GRADER (HIGHWAY AND HEAVY ONLY) 342 FORK LIFT OR STRADDLE CARRIER (HIGHWAY AND HEAVY ONLY) 343 FORK LIFT OR LUMBER STACKER (HIGHWAY AND HEAVY ONLY) 344 FRONT END, SKID STEER OVER 1 TO 5 C YD 345 GPS REMOTE OPERATING OF EQUIPMENT (HIGHWAY AND HEAVY ONLY) 346 HOIST ENGINEER (POWER) (HIGHWAY AND HEAVY ONLY) 347 HYDRAULIC TREE PLANTER (HIGHWAY AND HEAVY ONLY) 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) (HIGHWAY AND HEAVY ONLY) 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE (HIGHWAY AND HEAVY ONLY) 351 MULTIPLE MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES, GENERATORS, PUMPS (HIGHWAY AND HEAVY ONLY) 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE (HIGHWAY AND HEAVY ONLY) 353 PICKUP SWEEPER, ONE CUBIC YARD AND OVER HOPPER CAPACITY(HIGHWAY AND HEAVY ONLY) 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE (HIGHWAY AND HEAVY ONLY) 10/11/2010 5 355 POWER PLANT ENGINEER, 100 KWH AND OVER (HIGHWAY AND HEAVY ONLY) 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES (HIGHWAY AND HEAVY ONLY) 357 PUGMILL (HIGHWAY AND HEAVY ONLY) 358 PUMPCRETE (HIGHWAY AND HEAVY ONLY) 359 RUBBER -TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER (HIGHWAY AND HEAVY ONLY) 361 SELF - PROPELLED SOIL STABILIZER (HIGHWAY AND HEAVY ONLY) 362 SLIP FORM (POWER DRIVEN) (PAVING) (HIGHWAY AND HEAVY ONLY) 363 TIE TAMPER AND BALLAST MACHINE (HIGHWAY AND HEAVY ONLY) 364 TRACTOR, BULLDOZER (HIGHWAY AND HEAVY ONLY) 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 366 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE (HIGHWAY AND HEAVY ONLY) 368 WELL POINT DISMANTLING OR INSTALLATION (HIGHWAY AND HEAVY ONLY) GROUP 5 2009 -12 -07 26.68 15.25 41.93 2010 -05 -01 27.68 15.85 43.53 369 AIR COMPRESSOR, 600 CFM OR OVER (HIGHWAY AND HEAVY ONLY) 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) (HIGHWAY AND HEAVY ONLY) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) (HIGHWAY AND HEAVY ONLY) 372 FORM TRENCH DIGGER (POWER) (HIGHWAY AND HEAVY ONLY) 373 FRONT END, SKID STEER UP TO 1C YD 374 GUNITE GUNALL (HIGHWAY AND HEAVY ONLY) 375 HYDRAULIC LOG SPLITTER (HIGHWAY AND HEAVY ONLY) 376 LOADER (BARBER GREENE OR SIMILAR TYPE) (HIGHWAY AND HEAVY ONLY) 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER (HIGHWAY AND HEAVY ONLY) 378 POWER ACTUATED AUGER AND BORING MACHINE (HIGHWAY AND HEAVY ONLY) 379 POWER ACTUATED JACK (HIGHWAY AND HEAVY ONLY) 380 PUMP (HIGHWAY AND HEAVY ONLY) 381 SELF - PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 382 SHEEP FOOT COMPACTOR WITH BLADE. 200 H.P. AND OVER(HIGHWAY AND HEAVY ONLY) 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF - PROPELLED SAND AND CHIP SPREADER (HIGHWAY AND HEAVY ONLY) 10/11/2010 6 384 STUMP CHIPPER AND TREE CHIPPER (HIGHWAY AND HEAVY ONLY) 385 TREE FARMER (MACHINE) (HIGHWAY AND HEAVY ONLY) ' , 2009 -12 -07 25.47 15.25 40.72 2010 -05 -01 26.47 15.85 42.32 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER (HIGHWAY AND HEAVY ONLY) 388 CONVEYOR (HIGHWAY AND HEAVY ONLY) 389 DREDGE DECK HAND (HIGHWAY AND HEAVY ONLY) 390 FIRE PERSON OR TANK CAR HEATER (HIGHWAY AND HEAVY ONLY) 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) (HIGHWAY AND HEAVY ONLY) 392 GREASER (TRACTOR) (HIGHWAY AND HEAVY ONLY) 393 LEVER PERSON (HIGHWAY AND HEAVY ONLY) 394 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING MACHINES, OR OTHER SIMILAR HEAVY EQUIPMENT) (HIGHWAY AND HEAVY ONLY) 395 POWER SWEEPER (HIGHWAY AND HEAVY ONLY) 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS (HIGHWAY AND HEAVY ONLY) 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING GROUP 1 FOR RATE CALL 651- 284 -5091 OR EMAIL DLLPREV WAGE @ STATE.MN.US 501 HELICOPTER PILOT (COMMERCIAL CONSTRUCTION ONLY) 502 TOWER CRANE 250 FEET AND OVER (COMMERCIAL CONSTRUCTION ONLY) 503 TRUCK CRAWLER CRANE WITH 200 FEET OF BOOM AND OVER, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 504 CONCRETE PUMP WITH 50 METERS /164 FEET OF BOOM AND OVER (COMMERCIAL CONSTRUCTION ONLY) 505 PILE DRIVING WHEN THREE DRUMS IN USE (COMMERCIAL CONSTRUCTION ONLY) 506 TOWER CRANE 200 FEET AND OVER (COMMERCIAL CONSTRUCTION ONLY) 507 TRUCK OR CRAWLER CRANE WITH 150 FEET OF BOOM UP TO AND NOT INCLUDING 200 FEET, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) 1 0/11 /2010 7 GROUP3 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 508 ALL - TERRAIN VEHICLE CRANES (COMMERCIAL CONSTRUCTION ONLY) 509 CONCRETE PUMP 32 -49 METERS /102 -164 FEET (COMMERCIAL CONSTRUCTION ONLY) 510 DERRICK (GUY & STIFFLEG) (COMMERCIAL CONSTRUCTION ONLY) 511 STATIONARY TOWER CRANE 200 FEET AND OVER MEASURED FROM BOOM FOOT PIN (COMMERCIAL CONSTRUCTION ONLY) 512 SELF - ERECTING TOWER CRANE 100 FEET AND OVER MEASURED FROM BOOM FOOT PIN (COMMERCIAL CONSTRUCTION ONLY) 513 TRAVELING TOWER CRANE (COMMERCIAL CONSTRUCTION ONLY) 514 TRUCK OR CRAWLER CRANE UP TO AND NOT INCLUDING 150 FEET OF BOOM, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) GROUP4 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 515 CRAWLER BACKHOE INCLUDING ATTACHMENTS (COMMERCIAL CONSTRUCTION ONLY) 516 FIREPERSON, CHIEF BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 517 HOIST ENGINEER (THREE DRUMS OR MORE) (COMMERCIAL CONSTRUCTION ONLY) 518 LOCOMOTIVE (COMMERCIAL CONSTRUCTION ONLY) 519 OVERHEAD CRANE ( INSIDE BUILDING PERIMETER) (COMMERCIAL CONSTRUCTION ONLY) 520 TRACTOR. BOOM TYPE (COMMERCIAL CONSTRUCTION ONLY) GROUPS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 521 AIR COMPRESSOR 450 CFM OR OVER (TWO OR MORE MACHINES) (COMMERCIAL CONSTRUCTION ONLY) 522 CONCRETE MIXER (COMMERCIAL CONSTRUCTION ONLY) 523 CONCRETE PUMP UP TO 31 METERS /101 FEET OF BOOM 524 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL WHEN USED FOR CAISSON FOR ELEVATOR OR BUILDING CONSTRUCTION (COMMERCIAL CONSTRUCTION ONLY) 525 FORKLIFT (COMMERCIAL CONSTRUCTION ONLY) 526 FRONT END, SKID STEER 1 TO 5 C YD 527 HOIST ENGINEER ( ONE OR TWO DRUMS) (COMMERCIAL CONSTRUCTION ONLY) 528 MECHANIC - WELDER (ON POWER EQUIPMENT) (COMMERCIAL CONSTRUCTION ONLY) 529 POWER PLANT (100 KW AND OVER OR MULTIPLES EQUAL TO 100KW AND OVER) (COMMERCIAL CONSTRUCTION ONLY) 530 10/11/2010 8 PUMP OPERATOR AND /OR CONVEYOR (TWO OR MORE MACHINES) (COMMERCIAL CONSTRUCTION ONLY) 531 SELF - ERECTING TOWER CRANE UNDER 100 FEET MEASURED FROM BOOM FOOT PIN (COMMERCIAL CONSTRUCTION ONLY) 532 STRADDLE CARRIER (COMMERCIAL CONSTRUCTION ONLY) 533 TRACTOR OVER D2 (COMMERCIAL CONSTRUCTION ONLY) 534 WELL POINT PUMP (COMMERCIAL CONSTRUCTION ONLY) FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 535 CONCRETE BATCH PLANT (COMMERCIAL CONSTRUCTION ONLY) 536 FIREPERSON, FIRST CLASS BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 537 FRONT END, SKID STEER UP TO 1 C YD 538 GUNITE MACHINE (COMMERCIAL CONSTRUCTION ONLY) 539 TRACTOR OPERATOR D2 OR SIMILAR SIZE (COMMERCIAL CONSTRUCTION ONLY) 540 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER GROUP 7 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 541 AIR COMPRESSOR 600 CFM OR OVER (COMMERCIAL CONSTRUCTION ONLY) 542 BRAKEPERSON (COMMERCIAL CONSTRUCTION ONLY) 543 CONCRETE PUMP/PUMPCRETE OR COMPLACO TYPE (COMMERCIAL CONSTRUCTION ONLY) 544 FIREPERSON, TEMPORARY HEAT SECOND CLASS BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 545 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS AND MILLING MACHINES, OR OTHER SIMILAR POWER EQUIPMENT) (COMMERCIAL CONSTRUCTION ONLY) 546 PICK UP SWEEPER (ONE CUBIC YARD HOPPER CAPACITY) (COMMERCIAL CONSTRUCTION ONLY) 547 PUMP AND /OR CONVEYOR (COMMERCIAL CONSTRUCTION ONLY) FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE@ STATE.MN.US 548 ELEVATOR OPERATOR (COMMERCIAL CONSTRUCTION ONLY) 549 GREASER (COMMERCIAL CONSTRUCTION ONLY) 550 MECHANICAL SPACE HEATER (TEMPORARY HEAT NO BOILER LICENSE REQUIRED) (COMMERCIAL CONSTRUCTION ONLY) 10/11/2010 9 GROUP 1 2009 -12 -07 26.15 12.40 38.55 2010 -05 -01 27.00 13.15 40.15 601 MECHANIC. WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2009 -12 -07 25.60 12.40 38.00 2010 -05 -01 26.45 13.15 39.60 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 2009 -12 -07 25.50 12.40 37.90 2010 -05 -01 26.35 13.15 39.50 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 2009 -12 -07 25.25 12.40 37.65 2010 -05 -01 26.10 13.15 39.25 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 609 DUMP PERSON 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER - TIRED, SELF - PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. 701 HEATING AND FROST INSULATORS 2009 -12 -07 39.19 17.67 56.86 2010 -06 -01 41.64 17.67 59.31 702 BOILERMAKERS FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 703 BRICKLAYERS 2009 -12 -07 31.89 17.15 49.04 10/11/2010 10 704 CARPENTERS 2009-12-07 30.32 17.15 47.47 2010-05-01 31.92 17.15 49.07 705 CARPET LAYERS (LINOLEUM) FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 706 CEMENT MASONS 2009-12-07 30.45 16.50 46.95 707 ELECTRICIANS 2009-12-07 35.55 22.86 58.41 708 ELEVATOR CONSTRUCTORS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 709 GLAZIERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 710 LATHERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 711 GROUND PERSON 2009-12-07 23.33 14.83 38.16 712 IRONWORKERS 2009-12-07 33.80 20.37 54.17 713 LINEMAN 2009-12-07 34.82 14.82 49.64 714 MILLWRIGHT 2009-12-07 30.75 19.47 50.22 715 PAINTERS (INCLUDING HAND BRUSHED, HAND 2009-12-07 29.60 16.76 46.36 SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 2010-05-01 31.05 16.76 47.81 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR 2009-12-07 30.32 17.15 47.47 EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 2010-05-01 31.92 17.15 49.07 10/11/2010 11 717 PIPEFITTERS . STEAMFITTERS 718 PLASTERERS 719 PLUMBERS Ngflff 721 SHEET METAL WORKERS 722 SPRINKLER FITTERS 723 TERRAZZO WORKERS 724 TILE SETTERS 725 TILE FINISHERS 726 DRYWALL TAPER 727 WIRING SYSTEM TECHNICIAN 728 WIRING SYSTEMS INSTALLER 2009 -12 -07 32.41 25.87 58.28 2010 -05 -01 35.26 25.87 61.13 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 2009 -12 -07 37.58 18.49 56.07 2010 -05 -01 40.18 18.49 58.67 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE@ STA TE.MN.US 2009 -12 -07 36.36 20.65 57.01 2010 -05 -01 38.81 20.65 59.46 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 2009 -12 -07 28.84 19.69 48.53 FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US FOR RATE CALL 651- 284 -5091 OR EMAIL DLI.PREVWAGE@ STATE.MN.US 2009 -12 -07 30.98 12.18 43.16 2009 -12 -07 21.68 10.48 32.16 10/11 /2010 12 729 ASBESTOS ABATEMENT WORKER 730 SIGN ERECTOR 2009-12-07 27.31 12.91 2010-01-01 27.63 14.19 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE @STATE.MN.US 40.22 10/11/2010 13 DEPARTMTNT OF LABOR AND INDUSTRY May 10, 2010 ll�: Uisi Lt i i i, • •. 1 DATE PURSUANT TO MINNESOTA RULES, PART 5200.1105 On May 10, 2010 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 "operating "five or more axle units, straight body trucks," "four 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 22, 2010 and the informal conference pursuant to Minnesota Rules, Part 5200.1105 to receive further public input prior to certification was held at the department on April 12, 2010. The operating costs were determined by survey on a statewide basis. The operating cost for five or more axle units, straight body trucks" is determined to be $44.46 per hour. The operating cost for "four axle units, straight body trucks" is determined to be $36.81 per hour. The operating cost for "three axle units" is determined to be $37.35 per hour. The operating cost for "tractor only" is determined to be $41.58 per hour. The operating cost for "trailer only" is determined to be $11.46 per hour. The operating cost for "tractor trailers" is determined to be $53.04 per hour. Adding the prevailing wage for drivers of these five types of trucks from each of the State's ten highway and heavy construction areas to the operating costs, the minim hourly truck rental rate for the five types of trucks in each area is determined to be as follows: *Correction to prevailing wage labor rate in Regions 4 & 7 effective May 10, 2010 from $33.01 to $32.76. The operating costs, including the average truck broker fee paid by those survey respondents who reported pay-ing truck broker fees, and the truck rental rates may also be reviewed by accessing the department's web site at www.dli.mn.gov Questions regarding the operational costs and truck rental rates can be answered by calling (651)284 -5091. The minim truck rental rates certified for these five types of trucks in the state's ten highway and heavy construction areas will be effective for all highway and heavy construction projects financed in whole or part with state funds advertised for bid on or after May 10, 2010. STEVE SVIGG COMMISSIONS Tractor Trailer Five or more axle Four axle Three Axle Tractor only Region 1 92.79 83.66 76.01 76.45 81.33 Region 2 86.46 77.37 69.72 63.30 75.00 Region 75.41 67.58 59.93 61.14 63.95 Region 4 74.47 65.36 57.71 70.11* 63.01 Region 5 89.99 68.31 60.66 64.08 78.53 Region 6 90.99 81.86 74.21 74.65 79.53 Region 7 86.46 77.37 69.72 70.11 * 75.00 Region 8 79.42 65.21 57.56 50.82 67.96 Region 9 93.19 84.06 76.41 76.85 81.73 Region 10 86.46 77.37 69.72 50.12 75.00 *Correction to prevailing wage labor rate in Regions 4 & 7 effective May 10, 2010 from $33.01 to $32.76. The operating costs, including the average truck broker fee paid by those survey respondents who reported pay-ing truck broker fees, and the truck rental rates may also be reviewed by accessing the department's web site at www.dli.mn.gov Questions regarding the operational costs and truck rental rates can be answered by calling (651)284 -5091. The minim truck rental rates certified for these five types of trucks in the state's ten highway and heavy construction areas will be effective for all highway and heavy construction projects financed in whole or part with state funds advertised for bid on or after May 10, 2010. STEVE SVIGG COMMISSIONS Minnesota Department of Transportation EEO special Provisions Office of Civil Rights Revised 05%09 EQUAL , OPPORTUNITY SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and /or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (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 -24, 25 -35). 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 -20). 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 -35 of these Special Provisions may be omitted from projects with no Federal funding. Notice of Requirement for Affirmative Action ............................................................. ..............................2 Minnesota Affirmative Action Requirements ............................................................... ..............................3 AppropriateWork Place Behavior ................................................................................. ..............................4 Notice to All Prime and Subcontractors: Reporting Requirements ............................... ..............................5 Specific Federal Equal Employment Opportunity Responsibilities ............................. ............................... 6 Standard Federal and State Equal Employment Construction Contract Specifications .............................. 8 EqualOpportunity Clause ............................................................................................ .............................14 Minority and Women Employment Goals Chart .......................................................... .............................15 Sample Summary of Employment Activity, Form EEO -12 ......................................... .............................17 Sample Monthly Employment Compliance Report, Form EEO -13 ............................. .............................19 On -The -Job Training Program: Trainee Assignment .................................................. .............................21 Certification of On- the -Job Training Hours: Federal -Aid Projects ...... ............................... On- the -Job Training (OJT) Program Approval Form .................................................. .............................23 On- the -Job Training (OJT) Program Trainee Termination Form .................. ............................... Required Contract Provisions: Federal -Aid Construction Contracts ........................... .............................25 Required Contract Provisions: Federal -Aid Construction Contracts, Appendix A ...... .............................36 EEO Page 1 EEO Special Provisions Minnesota uepartmeni or i ransponatton Revised 05/09 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). 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. 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. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed. EEO Page 2 Minnesota llepartment or 1 ransportation EEO Special Provisions Office of Civil Rights Revised 05/09 MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS It is hereby agreed between the parties to this contract that Minnesota Statute, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statute, Section 363.073, and Minnesota Rules, Parts 5000.3400 to 5000.3600 is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 2. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statute 363.073 and Minnesota Rules, Parts 5000.3400 to 5000.3600. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his /her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statute 363.073, subd. 2 -3). Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section 363.073, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota Human Rights Act are consistent with but broader than the Federal requirements as covered in this contract. 4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section 363.073 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non - discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E. 5th Street, Suite 700, St. Paul, Minnesota 55101. (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 lvtnlneSOLa Uepanu UIR ui iiaublJviLauuu Revised 05,'09 Office of Civil Rights APPROPRIATE ,, ;r PLACE BEHAVIOR r r It is the Minnesota Department of Transportation's (Mn/DOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. Mn/DOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on Mn/DOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job- related efforts of supervisor to direct /evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and/or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on Mn /DOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with Mn/DOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently held and debarment from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the Office of Civil Rights at (651) 366 -3073. EEO Page 4 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05,09 REPORTING REQUIREMENTS 1. In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statute 363.073, all prime contractors and subcontractors are required to complete a Mn/DOT 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 no later than the time of bid opening. 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 Contract Compliance Specialist (CCS) assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when the applicant is approved. 4. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On- The -Job Training Hours form, (Mn/DOT Form No. 21860, sample copy at EEO Page 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 05 1 09 tvitnnesota >Jepartmem or i ransporLauun 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. e. 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 advertisemeni 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 ir area from which the project work force wo normally be derived. b. The contractor will, unless precluded by valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral soure likely to yield qualified minority group applicants, including, but not limited to, St employment agencies, schools, colleges ar 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 applic may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclus hiring hall referrals, he is expected to obse the provisions of that agreement to the ext that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where t implementation of such agreements have t effect of discriminating against minorities women, or obligates the contractor to do tl same, such implementation violates Execu Order 11246, as amended.) e. The contractor will encourage his preset employees to refer minority group applica for employment by posting appropriate no or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minori 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 facilitie EEO Page 6 Minnesota Department of "Transportation Office of Civil Rights EEO Special Provisions Revised 05/09 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 , ontractor will inform every complainant :)f all his avenues of appeal. 7. Training and Promotion. r. The contractor will assist in locating, Iualifying, and increasing the skills of ninority group and women employees and applicants for employment. >. Consistent with the contractor's work 'orce requirements and as permissible mder Federal and State regulations, the , ontractor shall make full use of training )rograms, i.e. apprenticeship, and on -the- ob training programs for the geographical area of contract performance. Where easible, 25 percent of apprentices or rainees in each occupation shall be in heir first year of apprenticeship or raining. In the event the Training Special 'rovision is provided under this contract, his subparagraph will be superseded as ndicated in Attachment 2. The contractor will advise employees nd applicants for employment of vailable training programs and entrance equirements for each. L The Contractor will periodically review he training and promotion potential of ainority group and women employees and ,ill encourage eligible employees to apply or such training and promotion. best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and /or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. . Unions. If a contractor relies in whole r in part upon unions as a source of mployees, the contractor will use his /her 9. Subcontracting. a. The contractor will use his best efforts 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 1vllnnesota uepanment oI lranspormuon Revised 05/09 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 Federalfederally 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. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules EEO Page 8 Minnesota vepartment of 1 ransportation EEO Special Provisions Office of Civil Rights Revised 051109 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of 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 LEV Speciai Provisions i tau ,bYvi LaL1Utt Revised 05iO9 Office of Civil Rights CONTRACT STANDARD FEDERAL AND STATE EEO CONSTRUCTION • 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 uepartment of 1 ransportatlon EEO Special Provisions Office of Civil Rights Revised 05 /09 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 proj ects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment - related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(1) in Minnesota Rules.) EEO Page 11 EEO Special Provisions Wil nesola ueparunem vt 11 dll�pUl tnuvu Revised 05/09 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 goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under - utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes 363.073, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. EEO Page 12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05109 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 lvtinnesota i)epariment oz i ransporLauou Revised 05/09 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 collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally- assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a parry to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 14 Minnesota Department of Transportation Special Provisions Office of Civil Rights Revised 05/09 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% Chisago 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% 69% 6% 6% Faribault 2.2% 6.9% 4% 6% Fillmore 0.9% 6.9% 4% 6% Freeborn 0.9% 6.9% 4% 6% Goodhue 2.2% 6.9% 4% 6% Grant 2.2% 6.9% 6% 6% Hennepin 2.9% 6.9% 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% Kandiyohi 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 1 0.8% 6.9% 4% 6% EEO Page 15 EEO Special Provisions minnesota lleparimem or rransporLativu Revised 05109 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% W atonwan 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 � ®/ 3\ (k �2 \ .\ (& 2ƒ � �/ }C 7 ƒ/ \ m k $ / k / / / k �� \6 / , < � } � ; z - ,_ / � � 2 2 � § � _ , /3{ o/\ /\/ §%_ \ \/{ ( � z Q / £ k \ k � � � ]\ _ : )/ \� � 4 w = & « ¥ w a G » a / / / / / / / / / / \ / / \ / \ / \ EEO Special Provisions Minnesota Department of Transportation Revised 05109 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) Contractor Name and Address self - explanatory. Employment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable 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. 2g Trade /Foreman, Supervisors, Managers self - explanatory. List trade that applies unless the employee fits one of the other three categories. 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. }\ (\ }§ / 0 \ 2 { ��§ 2 «w { \ ❑� � � � � \ ❑ ® _ t o ¥ � \ /} \ \( � � } ( ° d � u w & ez Jz � � � \ ❑ ❑\ � { $ ƒ k ;::s ° § Q zQ & 2$ ; r � ƒ z ( / a \ S z J % §k \ / \ ` 0 / \ k 5 2f \ § J J \ / / 0 \ EEO Special Provisions Minnesota Department of Transportation EEO -13 Rev. 051V Revised 05/09 Office of Civil Rights INSTRUCTIONS 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. Percent of Com lep tion is the estimated percentage of work completed including this reporting period. Employment Data information will coincide with your employment records. All professional, supervisory and managerial hours actually worked on the project site must be included, whether or not they appear on the certified payroll. 7a. Name should be listed Last Name, First Name, and Middle Initial. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 7b. Social Security Number self - explanatory. 7c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 7d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 7e. Gender is to be indicated with an "M" for Males or an "F" for Females. 7f. Trade /Foreman, Supervisors, Managers list the 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 specifi reporting period. Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals a: 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 hour shall be distributed evenly throughout the length of the project and in every trade and craft that performs work on tl project. % Obtained is the percent of the total project hours worked by minority and women employees, up to and including this reporting period. 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 WITI 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 05/09 h o y OF 7R¢ SP #: Project Engineer: _ Prime Contractor: Address: City: EEO Officer: Tel: Training Contractor: Address: City: EEO Officer: Tel: Location: Phone: ( ) Phone: ( ) State: Project Manager: Phone: ( ) State: Zip: Project Manager: IY7110a11 Job Title or Trade Classification: Name: Address: MINNESOTA DEPARTMENT OF TRANSPORTATION ON- THE -JOB TRAINING PROGRAM TRAINEE ASSIGNMENT City: EEO Officer: Tel: Phone: ( ) State: Project Manager: 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; Zip: Number of Training Hours on this Project: S.S. #: District: Zip: EEO Page 21 Mn/DOT 21860 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS CERTIFICATION OF ON- THE -JOB TRAINING HOURS FEDERAL- AID - PROJECTS Contractor: submit orizin and one copy monthly to the project engineer EEO- CONTRACTOR REPORTING PERIOD: ADDRESS S.P. NO. (LOW): F.P. NO.: TRAINEE HOURS WORKED I HOURS WORKED PREVIOUSLY THIS PERIOD AMOUNT OF CLAIM HOURS @ Progress of Trainee(s) ❑Excellent ❑Very Good COMMENTS (Please detail any supplementary training offered): N .•• TOTAL HOURS TO DATE PER HOUR = $ ❑Below Good CONTRACTOR: The undersigned contractor hereby certifies that the listed employees are bonafide trainees as required by the On- the -Job Training Special Provision and that they have worked the hours as reported above. Contractor Signature /Title Date PROJECT ENGINEER: I hereby certify that the On -the -Job training hours reported above have been reviewed and found correct. Engineer Signature /Title Date EEO Page 22 R Minnesota Department of Transportation `} On- the -Job Training (OJT) Program Approval Form The Special Provisions of the contract clearly indicate that training and upgrading of minorities and women toward Journey worker status is the primary objective of the training provisions. We, , submit the following training program for (Trade) for approval. Name o ontractor) I. Project Information EEO -14 OS /o9 Contractor Name S.P. # County Prime Sub Recruiting Resource Address city State zi Contact Person/ EEO Officer Phone # e -mail address Project Goals Trainees Hours II. Project Training Plan Information Trade # of Trainees Pro Hourly Assignment per Trainee Estimated Start Date Estimated End Date Recruiting Resource Planned Training Activities III. Contractor Acknowledgment Statement. I understand and will comply fully with the plans and specifications under which this training is being performed, and will report subsequent revisions to the training program as changes occur. Contractor's Representative Signature Title Date IV. Instruction for the Contractor. The contractor's proposed training programs must be documented on this form and submitted by email to biddoc .s ubmittal(cDdot.state.mn.us at time of bid. Your Company's compliance with this specification will factor into any and all employment related "Good Faith Effort" determinations. EEO Page 23 Contractor Name MINNESOTA DEPARTMENT OF TRANSPORTATION County OFFICE OF CIVIL RIGHTS Prime On- the -Job Training Program Trainee Termination Form y ,� city State Zi Contractor Name County Prime Sub Address city State Zi EEO Officer Phone # e -mail address Trainee Name Phone # Social Security No. Address city State Zi Race ❑ Hispanic ❑ White ❑ Asian ❑Black ❑ American Indian S.P. # Sex Classification/Trade ❑Female ❑Male Start Date Termination Date Hours Assigned Hrs Completed RPacnn far Terminatinnc ❑ Construction phase completed ❑Death ❑Fired lease explain below ❑Illness /health problems ❑Lack of transportation and /or travel distance ❑Milita dut []Other (please explain below ❑Personal ❑Quit to work for another compan ❑Relocated Please provide comments: Contractor's Representative Signature Title Date MAIL or Fax THE ORIGINAL and MAINTAIN COPY: 395 John Ireland Boulevard St. Paul, MN '55155 -1899 Office of Civil Rights M.S. 170 On -The Job 'Training Coordinator Fax # 651/366 -3129 EEO Page 24 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 I. General ................................. ............................... EEO -25 II. Nondiscrimination ................ ............................... EEO -25 III. Nonsegregated Facilities ...... ............................... EEO -27 IV. Payment of Predetermined Minimum Wage ................................... ............................... EEO -28 V. Statements and Payrolls ........ ............................... EEO -31 VI. Record of Materials, Supplies, and Labor ................................... ............................... EEO -31 VII. Subletting or Assigning the Contract ................... EEO -32 VIII. Safety: Accident Prevention . ............................... EEO -32 IX. False Statements Concerning Highway Projects ................................. ............................... EEO -32 X. Implementation of Clean Air Act and Federal Water Pollution Control Act .................. EEO -33 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion .............................. ............................... EEO -33 XII. Certification Regarding Use of Contract Funds for Lobbying .............. ............................... EEO -35 Appendix A.... ............................. .............. .................... EEO -36 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. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its 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 prof ect unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (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. "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 25 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 direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 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. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under EEO Page 26 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (can't) this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women 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. e. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the 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. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential 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 firm EEO Page 27 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, 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). e. 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 I(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. e. 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. e. 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 28 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con't) 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 subcontractor 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 contractor's 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 journeyman -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 journeyman -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 29 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) 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 Pasted 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 prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. EEO Page 30 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con's) 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 I(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially possible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all 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 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: EEO Page 31 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (co, , t) 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 c ommencement 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 lb relative to materials and supplies, a final labor summary t all hours worked and the t contract work indicating the total otal amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate report 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 P 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 pri ce before computing the amount of work required to be performed by the co n t ract 635). s own organization (23 a. "Its own organization" shall be construed to include only workers employed and paid directly by th and equipment owned or rented by thm oes not include employees Prime contractor. e prime contractor e prime contractor with , or without operators. Such ter d or equipment of a subcontractor, assignee, or agent of the b. "Specialty Items" shall be construed to be Iimited to work that requires highly specialized knowledge, equipment not ordinarily available in the g abilities, or organizations qualified and expected to bid on the contract a 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 paragraph I of Section VII i in s computed includes the cost material and manufactured products of which Produced are to be purchased or The contractor the contractor under the contract provisions. Su pervisor wh actor shall furnish (a) a competent superintendent or suo is employed by the firm, has full authorit Performanc of the work in accordance to direct requirements, and is in charge with the contract (regardless g of all construction operations Of who performs the work) and (b) such other of its o organizational resources (supervision, m wn anagement, and engineering services) as the SHA contractin fficer determines is g o necessary to assure the performance of the contract. 4. No portion of the contract sha11 di sposed of except with th be sublet, assigned or otherwise e written consent of the S Officer, or authorized representative, and such consent 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 of the prime contract. is evidenced e writing and that it contains all pertinent provisions and requirements VIII. SAFETY: ACCIDENT PREVENTION 1, In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws health, and sanitation (23 CFR 635. governing safety all safeguards, safe e ) The contractor shall provide any other needed actions as it determin se or as the SHA equipment and take Officer may deternline, to be reasonably necessary t contracting and health of employees on the job and the safety ry protect the life to protect property in connection with the performance the public and covered by the contract, p ance of the work 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 unsa nitary hazardous or dangerous to his /her health or safety, as determined under construction safety and health standards (29 CFR promulgated by the secretar 926) 107 of the ry ofLabor, in accordance with Section Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 19263, it is a condition of this the Secretary of Labor or authorized representativ t contract that hereof, shall have right of entry to any site of contract erfo investigat the matter of compliance with the onst to inspector and health standards and to ca ruction safety under Section 107 of the out the duties of the Secretary Standards Act (40 U.S.C. 333 contract Work Hours and Safety IX. FALSE STATEMENTS PROJECTS CONCERNING HIGHWAY In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on engineers, contractors, statements and representations made by highway suppliers, workers on Federal -aid proj proj and ects, it is essential that all persons concerned with the ect perform their functions as carefully, thoroughly, and honestly as Possible. On ' m isrepresentatio n with respe t l to any fact related to the project is a distortion, or 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) where it is readily available to all personin one or more places Project: s concerned with the EEO Page 32 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con't) NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL - AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission ofplans, maps, specifications, contracts, or costs ofconstruction 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 per formed 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 on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts -49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. if it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may 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. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. EEO Page 33 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) 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 in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonproeurement 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, 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. L 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. 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 EEO Page 34 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 e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and;`or debarment. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting 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. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, EEO Page 35 EEO Special Provisic Revised 3/07 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS APPENDIX PROVISIONS REQUIRED CONTRACT CONSTRUCTION R. 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). The Required Contract Provisions for Federal -aid construction contracts, Form FHWA -1273 (Rev. 4 -93) is amended as set forth: Section V. STATEMENTS AND PAYROLLS In part c of Section V.2, Payrolls and Payroll Records, the term "furnish" in this context will be accomplished by the subcontractors, on the project, sending their certified payroll reports to the government's prime contractor. The prime contractor will then be required to send copies of both the subcontractor's and their own certification forms, Mn/DOT 21658A form, to the project engineer. The prime contractor will maintain at a readily accessible location acceptable to Mn/DOT all the payrolls (both theirs and the subcontractors) during the course of the work and for a period of three years from the date of the completion of the contract. Mn/DOT, as the contracting agency, will stand, upon demand, require the prime contractor to send to the project engineer copies of any or all contractor's certified payrolls from any given project. EEO Page 36 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 45 Avenue Pond Improvements for the City of New Hope, Minnesota, City Project No. 855 B. Description of Work: In general the project consists expansion of an existing storm water pond, and storm sewer modification, together with clearing, removals, erosion control, restoration and other related appurtenances 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be within the construction limits 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. 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Construction access and shall be from 45 Avenue, not via the residential streets. 2. Residents shall have access to all side streets and driveways between 7 P.M. to 7 A.M. SUMMARY © 2010 Bonestroo ( 000034 - 09217 -0 011000-1 Not Used. PART 3 EXECUTION Not Used. a a SUMMARY © 2010 Bonestroo 1000034-09217-0 01 1000-2 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. MeasL rement anti PavmPnt 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 ALLOWANCES A. Cash allowances have been included throughout the Project Manual. These allowances are to be used for Bidding purposes. Allowance costs in excess of the funds provided shall be paid by Change Order. At closeout of Contract, allowance funds not authorized for payment will be credited to the Owner by Change Order. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 0133 00. 3. Wage reports, etc. required for funded projects. Not Used. PRICE AND PAYMENT PROCEDURES © 2010 Bonestroo 1000034-09217-0 012000-1 PART 3 EXECUTION Not Used. 1�* •, PRICE AND PAYMENT PROCEDURES © 2010 Bonestroo 1000034-09217-0 012000-2 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: Center Point Energy 6. Telephone: Qwest, Access Communication. 7. Cable TV: Comcast C. Owner requires a 48 -hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48 -hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. PROJECT MANAGEMENT AND COORDINATION © 2010 Bonestroo ( 000034 - 09217 -0 013100-1 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 0133 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. •, Not Used. PART 3 EXECUTION Not Used. PROJECT MANAGEMENT AND COORDINATION © 2010 Bonestroo ( 000034 - 09217 -0 013100-2 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. Not Used. • 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 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 8.5 inch by 11 inch paper outlining 24 -hour on -call contacts for the Project. This list shall include the Contractor's safety SUBMITTAL PROCEDURES © 2010 Bonestroo 1 000034 - 09217 -0 013300-1 representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non - legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a- functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in 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 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. END OF SECTION SUBMITTAL PROCEDURES © 2010 Bonestroo 1000034-09217-0 0133 00-2 t; al t 11 111 All 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. QUALITY REQUIREMENTS © 2010 Bonestroo i 000034- 09217 -0 014000-1 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start -up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. qpl. a • QUALITY REQUIREMENTS © 2010 Bonestroo 1000034-09217-0 014000-2 1-14101 a t o ill W1 1 0 1 1 1 "' , Faffff TM 711" 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the followinq: 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following M Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following M ie Total TEMPORARY FACILITIES AND CONTROLS © 2010 Bonestroo 1000034-09217-0 015000-1 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 Bid Item has been provided for dewaterinq and shall be incidental and included in tl ie Total TEMPORARY FACILITIES AND CONTROLS © 2010 Bonestroo 1000034-09217-0 015000-1 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 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. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. � Not Used. 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 non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. 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. TEMPORARY FACILITIES AND CONTROLS © 2010 Bonestroo 1000034-09217-0 015000-2 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant in a location designated by the Owner. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. 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. Discharge must be visually checked to ensure adequate treatment is obtained and that nuisance conditions (see Minn. R. 7050.0210, subp. 2) will not result from the discharge. 4. Discharge must be treated with the appropriate BMPs, such that the discharge does not adversely affect the receiving water or downstream landowners. 5. Protect Site and adjacent property to avoid damage. 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 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. TEMPORARY FACILITIES AND CONTROLS © 2010 Bonestroo 1 000034 - 09217 -0 015000-3 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. f. The Contractor will re- establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. i. Contractor shall remove traffic control devices at the conclusion of the Work. 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 3845. b. Flashing Lights - SAE Specification 3595. c. Flashing Strobe Lights - SAE Specification 31318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short- term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short- term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short- term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the TEMPORARY FACILITIES AND CONTROLS © 2010 Bonestroo 1000034-09217-0 015000-4 required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 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. Ail s TEMPORARY FACILITIES AND CONTROLS © 2010 Bonestroo 1 000034 - 09217 -0 015000-5 • i PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80- percent partial payment will be made upon installation and 20- percent payment will be made upon removal and restoration a. Silt Fence: Payment will be by length for each type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Storm Drain Inlet Protection: Measurement will be by each. c. Temporary Rock Construction Entrance: Measurement will be by each. d. Erosion Control Blanket: Payment will be by type installed. Measurement will by square yard. e. Sediment Trap: Shall be considered incidental to the Project. f. Dust Control: Shall be considered incidental to the Project. g. Temporary Seed: Shall be considered incidental to the Project. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 31 23 00 — Excavation and Fill. 2. Section 32 92 00 — Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2130 — Application of Water. 2. 2573 — Storm Water Management. 3. 2575 — Controlling Erosion and Establishing Vegetation. B. MPCA's NPDES General Stormwater Permit for Construction Activity. TEMPORARY EROSION AND SEDIMENT CONTROL © 2010 Bonestroo 1000034-09217-0 0157 13-1 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. B. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector /Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and /or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. TEMPORARY EROSION AND SEDIMENT CONTROL © 2010 Bonestroo 1000034-09217-0 0157 13-2 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 32 92 00 to prevent excessive soil erosion. 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. B. Heavy duty. 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: Conform to the Drawings and the following: 2 inches minimum washed rock: 1. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 2. Minimum Thickness of Rock Placed: 6 inches. 2.03 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.04 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.05 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roadd rain. com). b. Lange Industries (www.langeindustries.com), or approved equal. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 3/4 to 1 -1/2 inches crushed or natural rounded aggregate. TEMPORARY EROSION AND SEDIMENT CONTROL © 2010 Bonestroo 1000034-09217-0 0157 13-3 2.06 FILTER LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.07 DITCH CHECKS AND VELOCITY CHECKS A. Conform to MnDOT Spec. 3889.2 and details in Drawings. 2.08 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.09 TEMPORARY SEED A. Conform to Section 32 92 00. B. General — Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. PART 3 EXECUTION [�17�� l1�►1�L1� A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion /sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2010 Bonestroo 1000034-09217-0 0157 13-4 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 ]-hook patterns to a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. E. 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). F. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.33, 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. G. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. H. Temporary Sediment Basins 1. Sediment basins shall be excavated as a first priority when grading begins on the Project. The location and outlet configuration are shown on the Drawings. TEMPORARY EROSION AND SEDIMENT CONTROL O 2010 Bonestroo 1000034-09217-0 0157 13-5 I. 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. J. Ditch Checks and Velocity Checks: As directed by Engineer. 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 off Site damage, to prevent health hazards, and to improve traffic safety. TEMPORARY EROSION AND SEDIMENT CONTROL © 2010 Bonestroo 1000034-09217-0 0157 13 -6 • • PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. B. Measurement and Payment 1. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. EXECUTION REQUIREMENTS © 2010 Bonestroo 1000034-09217-0 017000-1 C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. EXECUTION REQUIREMENTS © 2010 Bonestroo 1000034-09217-0 017000-2 3.07 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146 -1173 or by calling (651) 296 -4444. EXECUTION REQUIREMENTS © 2010 Bonestroo 1 000034 - 09217 -0 017000-3 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Remove Bituminous Pavement: Per square foot without regard to thickness, including saw cutting. b. Remove Concrete Sidewalk: Per square foot without regard to thickness including saw cutting. c. Remove Curb and Gutter: Per lineal foot of the type specified. d. Remove Sewer Pipe (Storm): Per lineal foot including saw cutting existing pipe e. Salvage Chain Link Fence: Per lineal foot of the type specified. f. Salvage and reinstall signs will be incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 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. SELECTIVE SITE DEMOLITION © 2010 Bonestroo 1000034-09217-0 0241 13-1 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. 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. Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 3123 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. SELECTIVE SITE DEMOLITION © 2010 Bonestroo 1000034-09217-0 0241 13-2 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, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.07 PAVEMENT MILLING A. Bituminous 1. Saw cut at removal limits prior to milling process. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. B. Concrete 1. Mill surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3.08 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. SELECTIVE SITE DEMOLITION © 2010 Bonestroo 1000034-09217-0 0241 13-3 B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.09 REMOVE SECTIONS OF EXISTING PIPE A. Saw cut concrete pipe prior to removal. B. Remove concrete pipe in such a manner that the remaining pipe is not damaged. C. When removing existing pipe, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond the limits). 3.10 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. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in -place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. B. Fences 1. Salvage and store fence and post material where they are in conflict with the Work. 2. Furnish new posts if needed. 3. After completion of Work, reinstall fence to the condition existing prior to removal. 4. Install temporary snow fence or similar barrier at the end of the working day while the permanent fence is removed. 3.11 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. SELECTIVE SITE DEMOLITION © 2010 Bonestroo ( 000034- 09217 -0 0241 13-4 3.12 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. SELECTIVE SITE DEMOLITION © 2010 Bonestroo 1000034-09217-0 0241 13-5 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 31 23 00 — Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. A Bid Item has been provided for Clearing and Grubbing. Measurement will be by lump sum for all /select Project Clearing and Grubbing including individual trees marked for removal. Payment will constitute compensation in full for all removal, disposal work, and costs. 2. Sod Removal: This Work is considered incidental to the other Work of the Contract. 3. Windfall /Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 4. Brush Removal: This Work shall be incidental to the Project. 5. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2101 — Clearing and Grubbing. 2. 2571 — Plant Installation. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming /Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. © 2010 Bonestroo 1000034-09217-0 SITE CLEARING 311000 -1 C 1.05 QUALITY ASSURANCE A. Burning 1. Acquire Minnesota Pollution Control Agency (MPCA) and all required State Permits. 2. Conform to all local regulations. 1.06 SITE CONDITIONS A. Work consists of removing trees generally located with in the construction limits, in areas designated for utilities and grading. B. The Drawings do not specifically show all trees to be removed or transplanted. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.07 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on -going rough grading, excavation, backfill, and compacting for utilities. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. D. Backfill all depressions resulting from the grubbing operations in accordance with Section 3123 00, SITE CLEARING © 2010 Bonestroo 1000034-09217-0 31 1000-2 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re- spread at a uniform depth of 12 inches in the area for the new pond below the normal water level and 4 inches to all other disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 2. Compact topsoil below the normal water level of the pond to 95 percent specified density. 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right -of -way at a location selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed of off Site. Prior to deposition of stripped material, the disposal site shall be cleared of trees and brush. After disposal of stripped material, the embankment shall be graded, top soiled with salvaged soil, and seeded. D. On Site burial of any debris is not permitted. * -A_•► 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. SITE CLEARING © 2010 Bonestroo 1000034-09217-0 31 1000-3 • r� PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 10 00 - Site Clearing. 4. Section 32 92 00 - Turfs and Grasses. 5. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and Payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation (EV). Measurement will be by volume of material in its original position, based on pre - construction cross sections and the design grading grade shown on the Drawings. Quantity paid shall be Drawing quantity with no adjustment to the volume unless the scope of the soil moved has changed from that shown on the Drawings. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 3. A Bid Item has been provided for Select Topsoil Borrow (LV) Mod. Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Borrow. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. EXCAVATION AND FILL © 2010 Bonestroo 1000034-09217-0 3123 00-1 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 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 PRODUCTS 2.01 MATERIALS A. Aggregate Backfill: Conform to MnDOT Spec. 3149.2E. B. Topsoil Borrow: Conform to MnDOT Spec 3877, except as modified herein: 1. All material must be screened and pulverized. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 21053A, or modified herein: 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 0157 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.36, or as modified herein: 1. Engineer's approval is required of all areas where preparation work has been performed prior to the placement of the embankment or fill material. EXCAVATION AND FILL © 2010 Bonestroo 1 000034 - 09217 -0 312300-2 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein: 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 6. After the roadway excavation is complete and prior to backfilling operations, notify the Engineer 24 hours in advance so all excavation areas can be toleranced. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein: 1. No disposition of bituminous will be permitted within the Project limits. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E. 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). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 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. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. EXCAVATION AND FILL © 2010 Bonestroo 1000034-09217-0 3123 00-3 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Complete subgrade for streets, and walks immediately after installation of pipe as part of trench backfill and compaction. B. Subgrade preparation shall be performed prior to placement of the bituminous /aggregate base course. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross - section. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein: SUBGRADE PREPARATION © 2010 Bonestroo 1 000034 - 09217 -0 3123 13-1 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1 -1/2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F1, 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. • • • SUBGRADE PREPARATION © 2010 Bonestroo ( 000034 - 09217 -0 3123 13-2 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 02 - Flexible Paving (State Aid). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 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. AGGREGATE BASE COURSES © 2010 Bonestroo 1000034-09217-0 321123-1 PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 3123 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compact by mechanical means to 100 - Percent Standard Proctor Density. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture /density relationships and gradation, and perform field moisture /density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2010 Bonestroo 1000034-09217-0 32 1123-2 • • • 1: 7-1 15 W ei 4 Z 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt - aggregate mixtures for wearing and non - wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 16 13 - Concrete Curbs and Gutters. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.8, except as modified herein. 2. A Bid Item has been provided for bituminous material for Tack Coat. a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non wearing course placement is considered incidental to the placement of the non wearing course. 3. Bid Item has been provided for Type SP 12.5 Wearing Course Mixture (2,B). a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement Gyratory Specification — dated February 1, 2010. b. The Bid Unit Price includes the bituminous course mixture, tack coat and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. d. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of tack coat is included in this Bid Unit Price for the Wearing Course Mixture. e. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with bituminous course placement is considered incidental to the placement of the bituminous pavement. f. 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. 4. Preparation of Bituminous: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean up of the bituminous with a power pickup broom. b. Final adjustment of the structures to conform to Section 33 05 17. FLEXIBLE PAVING (STATE AID PROJECTS) © 2010 Bonestroo ( 000034 - 09217 -0 321202-1 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. Attached MnDOT Specification 2360 Plant Mixed Asphalt Pavement 2360 Gyratory Design Specification dated February 1, 2010. a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat. 3. 2535 - Bituminous Curb. 4. 2321 - Road -Mixed Bituminous Surface. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 2360.4F, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.4F and MnDOT'S most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48 -hour notice for scheduling and noticing of the residents prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 33 05 17. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. E. Bituminous wearing course shall be constructed in 2011 as indicated by the Final Completion Date. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1, except as modified in the typical section Detail Drawing and Bid Form. B. Conform to MnDOT Section 2360.2, except as modified herein: 1. Scrap Asphalt Shingles (2360.2A2h) are not allowed in 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. FLEXIBLE PAVING (STATE AID PROJECTS) © 2010 Bonestroo ( 000034 - 09217 -0 32 1202-2 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. 0133 _ A. Conform to the requirements of MnDOT Spec 2360.5, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non Wear Course 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or sawcutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.5B, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. FLEXIBLE PAVING (STATE AID PROJECTS) © 2010 Bonestroo 1000034-09217-0 32 1202-3 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.6, except as modified herein: 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.6C — Ordinary Compaction Method. 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. Pavement smoothness requirements of 2360.7C will not apply on this Project. The requirements of 2360.78 (Straight edge specification) will apply. 2. Structure Adjustment — Conform to Section 33 05 17 for tolerances. • T FLEXIBLE PAVING (STATE AID PROJECTS) © 2010 Bonestroo 1000034-09217-0 321202-4 SECTION 32 13 14 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways, medians, driveways, and valley gutters. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 2. Section 3123 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 4. Section 32 16 13 - Concrete Curbs and Gutters. 5. Section 32 12 02 - Flexible Paving (State Aid). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 6 Inches Concrete Walk has been included in the Bid Form. Measurement shall be on the basis of in -place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk shall be measured and compensated per Section 31 23 00. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 1123. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air - Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 2521 - Walks. 3. 2531 - Concrete Curbing. 4. 3702 - Preformed .joint Filers. 5. 3754 - Membrane Curing Compound. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2010 Bonestroo 1000034-09217-0 3213 14-1 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3101 a. Type 3 air - entraining concrete produced by using Type I Portland Cement. 2. Air - Entraining Admixtures: conform to MnDOT Spec. 3113 a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification a. Sidewalk and Residential Driveways 1) Manual Placement Mix No. 3Y32A. 2) Slip Form Placement Mix No. 3Y22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre - approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre - testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Aggregated Base: Conforming to Section 32 11 23. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. D. Verify locations with Engineer in the field prior to construction. E. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2010 Bonestroo 1000034-09217-0 3213 14-2 F. Re- tempering of concrete which has partially hardened with or without additional materials or water is prohibited. G. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 3123 13 or Section 32 1123. Compaction of subgrade base shall conform to MnDOT Spec. 2211.3C1. B. -The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, except as modified herein: 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 PLACING AND FINISHING A. Conform to MnDOT Spec. 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. 3.06 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.30 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, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. CONCREFE WALKS, MEDIANS, AND DRIVEWAYS © 2010 Bonestroo 1000034-09217-0 32 13 14-3 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.07 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.3C, except as modified herein: 1. High early concrete shall be designed to provide a maximum water /cementitous ratio of 0.40. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. • t, t CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2010 Bonestroo 1000034-09217-0 3213 14-4 1.01 SUMMARY A. Section Includes 1. Cast-in-place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 1123 -Aggnagate Base Courses. 2. Section 33 12 02 - Flexible Paving (State Aid). 3. Section 32 13 14- Concrete Walks, Medians, and Driveways. A. Measurement and Payment 1. Bid Items have been provided for Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, and baoNiUing. 2. No separate nnB]sunenn8nt Or payment for modifications for B618 Cud] installed at catch basins and radii. 3. All other Work and costs 0f this Section shall b8 incidental t0 the Project andindudedinthe Total Base Bid. 1.03 REFERENCES A. American Society nf Testing Materials 1. C260 - Aip-EnbainingAdmixtureafbrConcrete. B. Minnesota Department nf Transportation "Standard Specifications for "200SEdition /MnDOTSpoo\ 1. 2461 - Structural Concrete. 2. 2531- Concrete Curbing. 3. 3101- Portland Cement. 4. ]11] - Admixtures for Concrete. S. 3702 - Preformed 3oin1 Fillers. 0. 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 Mn[OT approved design mix for each concrete mix designation used. IfaMnCOT approved mix design is unavailable, the Engineer will establish the job mix proportions. CONCRETE CURBS AND GUTTERS g)2010 Bonestroo 1000034-09217-0 32 16 13-1 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after a approved. gutter aggregate base has been completed B. Concrete curb and P eted and construction precedes installation of pavement. PART 2 PRODUCTS 2.01 MATERIALS j C. PART 3 sons to conform to the detail on the Drawings. t verified by Engineer at the time of construction, he detail on the Drawings. Locations G• Construct curb transitions for driveways to conform to to be 3.01 GENERAL A. B. C. D. E. F. © 2010 Bonestroo l 000034 - 09217 -0 A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3101 a. Type 3air- entraining concrete produced by 2. Air - Entraining Admixtures: Conform to MnDOT Spec. Type I Portland Cement. a. Conforming to ASTM C260, without approval from Engineer. Spec. 3113 b. Not to be added to the concrete mixtures in the field w 3• Mix Designation and Classification for Concrete Curb an a. Manual Placement Mix No. 3A32C b. Slip Form Placement Mix No. 3A22C, d Gutter Pre - Formed Joint Filler: Conform to MnDOT Spec. 3702. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2• Only MnDOT approved membrane curing compounds will approve all curing compounds. The most current a pprove t expiration dates are available from the MnDOT Prod d l ots and batches allowed for use. MnDOT with ds sh pre - comply with the requirements of the MnDOT Curing Compo bridanufacturer Approval e" M Program, including pre - testing of a materia►s by the manuf All curing compounds shall EXECUTION acturer. Provide copies of batch tickets for concrete mix at the time Construct concrete curb and gutter of material delivery to Site. at the locations and elevations indicated on the Drawin gs. Construct the style or type of curb and gutter as shown on t Construct intersection curb radii and transitions sections he Drawings. to c Construct transition sections at inlet structures to conform to the detail on the Drawings. Construct concrete curb ramp depres ' CONCRETE CURBS AND GUTTERS 321613 -2 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. Re- tempering of the concrete which has partially hardened with or without additional materials or water is prohibited. J. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3.03 FORMS A. Conform to MnDOT Spec. 2531.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 25313C, 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. 2531.3D, except as modified herein: 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 -inch coverage on all sides a. Placement at catch basins conform to the details on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3E and 2531.3F, except as modified herein: 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein: 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane - curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. CONCRETE CURBS AND GUTTERS © 2010 Bonestroo 1000034-09217-0 3216 13-3 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3), except as modified herein: 1. Initial Backfilling a. Follow the 72 -hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.3C, except as modified herein: 1. High early concrete shall be designed to provide a maximum water /cementitous ratio of 0.40. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.10 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. CONCRETE CURBS AND GUTTERS © 2010 Bonestroo ( 000034 - 09217 -0 32 16 13-4 SECTION 32 31 13 CHAIN LINK FENCES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Chain link fencing and accessories. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Install Chain Link Fence. Measurement shall be per linear foot of fence installed. Payment at the Bid Unit price shall include installing salvaged fence fabric with new fence posts. 2. A Bid Item has been provided for Install Chain Link Fence Gate. Measurement shall be per linear foot of gate installed. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society for Testing and Materials (ASTM) 1. A392 - Zinc - Coated Steel Chain - Link Fence. 2. A491 - Aluminum - Coated Steel Chain - Link Fence Fabric. 3. A817 - Metallic - Coated Steel Wire for Chain - Link Fence Fabric and Marcelled Tension Wire. 4. A585 - Aluminum - Coated Steel Barbed Wire. 5. C94 - Ready Mix Concrete. 1.04 SUBMITTALS A. Shop drawings consistent with Division 01, showing typical layout, elevation, and section drawings for fences and gates. Show installation details for all end, corner, and line posts. 2.01 CHAIN LINK FENCE A. CHAIN LINK FABRIC 1. Install salvaged chain link fence fabric. B. RAILS AND POSTS 1. Top and Brace Rails a. 1 -5/8 inches O.D. standard pipe, 2.27 lb/ft or 1 -5/8 inches by 1 -1/4 inches roll form section with a minimum bending strength of 192 lbs. b. Zinc coating of 2 oz. /sq.ft. of surface. c. Securely fastened as per manufacturer's recommendations. 2. Line Posts CHAIN LINK FENCES © 2010 Bonestroo ( 000034 - 09217 -0 3231 13-1 a. 2 -1/2 inches O.D. standard pipe weighing not less than 3.65 lb/ft or 1 -7/8 inches by 1 -5/8 inches roll form section with a minimum theoretical bending strength of 201 lbs. under a 6 -foot cantilever load. b. Zinc coating of 2 oz. /sq.ft. of surface. c. Minimum Length: 6 feet above finished grade. 3. End, Corner, and Gate Posts a. 3 inches O.D., Schedule 40 pipe with a weight of 5.79 lb /ft, or 3 -1/2 inches by 2 -1/2 inches roll form shape of equal strength. Drive gate posts shall be 6 -5/8 inches O.D., 18.97 lbs. /ft. b. Zinc coating of 2 oz. /sq.ft. of surface. c. Minimum Length: 6 feet above finished grade. 4. Bottom Tension Wire a. 7 -gauge aluminum coated with minimum tensile strength of 80,000 psi. 2.02 CHAIN LINK FENCE GATE A. CHAIN LINK FABRIC 1. 9 -gauge steel wire. 2. 2 -inch mesh. 3. Tensile Strength: Minimum 80,000 psi. 4. Coating: Aluminum (0.40 ounce /sq. ft.) per ASTM A491. 5. Fabric shall have barbed top and knuckled bottom edges, unless otherwise noted. 6. Fabric Width: 6 feet. B. RAILS AND POSTS 1. Top and Brace Rails a. 1 -5/8 inches O.D. standard pipe, 2.27 lb/ft or 1 -5/8 inches by 1 -1/4 inches roll form section with a minimum bending strength of 192 lbs. b. Zinc coating of 2 oz. /sq.ft. of surface. c. Securely fastened as per manufacturer's recommendations. 2. Line Posts a. 2 -1/2 inches O.D. standard pipe weighing not less than 3.65 lb/ft or 1 -7/8 inches by 1 -5/8 inches roll form section with a minimum theoretical bending strength of 201 lbs. under a 6 -foot cantilever load. b. Zinc coating of 2 oz. /sq.ft. of surface. c. Minimum Length: 6 feet above finished grade. 3. End, Corner, and Gate Posts a. 3 inches O.D., Schedule 40 pipe with a weight of 5.79 lb/ft, or 3 -1/2 inches by 2 -1/2 inches roll form shape of equal strength. Drive gate posts shall be 6 -5/8 inches O.D., 18.97 lbs. /ft. b. Zinc coating of 2 oz. /sq.ft. of surface. c. Minimum Length: 6 feet above finished grade. 4. Bottom Tension Wire 2.03 7 -GAUGE ALUMINUM COATED WITH MINIMUM TENSILE STRENGTH OF 80,000 PSI 2.04 MISCELLANEOUS A. Extension Arms 1. Extension arms on intermediate posts shall be pressed steel galvanized. 2. Extension arms on end and corner posts shall be heavy galvanized malleable iron. 3. Shall hold 3 strands of barbed wire. CHAIN LINK FENCES © 2010 Bonestroo 1000034-09217-0 3231 13 -2 4. Top wire to be held 12 inches above top of fabric and outward from fence at a 45- degree angle. 5. Arms shall withstand 250 -lbs. down pull at end of the arm. B. Ties 1. 9 -gauge aluminum wire at 2 feet on center on top and bottom rod and 12 inches on center posts. C. Fittings 1. Necessary fittings shall be of malleable iron hot dipped galvanized after fabrication. 2. Provide caps on pipe posts and pipe gate stiles. D. Concrete Mix 1. Conform to the Specifications for footings found in Section 03 30 00. E. Non - Motorized Gates 1. Size and location as shown on Drawings. 2. Gate shall have positive type latching devices with padlock provisions. 3. Fabric: Same as required in Article 2.01 — Chain Link Fabric. 4. Provide gate supports as recommended by the manufacturer. F. Galvanizing: 1. All fencing components, including gates, posts, and all accessories, are to be hot dipped galvanized (2 oz.Jsq.ft. surface) or otherwise be corrosion resistant. PART 3 EXECUTION A. All posts shall be set true to line and grade as shown on the Drawings to provide a neat appearance. B. All fabric shall be tightly stretched and neatly secured to posts and rails. C. Fence shall be complete in every respect, including items recommended by the manufacturer for first quality construction. 3.02 POST SETTING A. All end, corner, pull, and gate posts shall be set in concrete 12 inches diameter by 42 inches deep. B. Line posts may be driven to a minimum depth of 5 feet or set in concrete 12 inches diameter by 42 inches deep. C. Line posts shall be evenly spaced on maximum 10 -foot centers. D. End, corner, pull, and gate posts shall have braces with the same material as top rail and trussed to line posts with 3J8 -inch rods and tighteners. . • r CHAIN LINK FENCES © 2010 Bonestroo 1000034-09217-0 3231 13-3 i I`, • 1 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Seeding. Measurement will be based upon units of square yards for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, and all correlated activity. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 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 0133 00. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 1.05 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 seeded areas is 1 year. TURF AND GRASSES © 2010 Bonestroo 1000034-09217-0 329200-1 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. '7�:i S�Z�Il7Z 2.01 TOPSOIL: Conforming to Section 3123 00. A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10 -10 -10 (NKP) 2.03 SEED: Conform to MnDOT Spec. 3876. A. Temporary Spring Cover: MnDOT Mixture 110. B. Temporary Fall Cover: MnDOT Mixture 100. C. Temporary Mix: MnDOT Mixture 130. D. Pond Edge Mix: MnDOT Mixture 350. E. Wetland Seed Mix: BWSR WTI 2.04 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. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. TURF AND GRASSES © 2010 Bonestroo 1000034-09217-0 329200-2 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.38. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 25753C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs. /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.). 3.04 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. 3.05 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. 3.06 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 comply with requirements, replace rejected Work and continue specified maintenance until re- inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. TURF AND GRASSES © 2010 Bonestroo 1000034-09217-0 329200-3 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 31 10 00 - Site Clearing. 2. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. B. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft- Ibf /ft). A. Provide the following submittals consistent with Section 0133 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. iW1NW 74 I IIINKOI &I 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. TRENCHING AND BACKFILLING © 2010 Bonestroo ( 000034 - 09217 -0 330505-1 B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain the pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP) 1. Class C -1 Bedding a. Undisturbed soil. 2. Class B and Class C -2 Bedding 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. TRENCHING AND BACKFILLING © 2010 Bonestroo ( 000034 - 09217 -0 330505-2 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. 3149.2B1 for Granular Borrow 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 2.05 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. 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. TRENCHING AND BACKFILLING © 2010 Bonestroo 1000034-09217-0 330505-3 G. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100- Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. B. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100- Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under " Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right -of -ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring .excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 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 TRENCHING AND BACKFILLING © 2010 Bonestroo 1000034-09217-0 330505-4 pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material. a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. A. Reinforced Concrete Pipe: Bed pipe in accordance with Class C -1 Bedding. B. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. C. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. If the moisture content of the backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds /cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85 Percent of Standard Proctor Density. TRENCHING AND BACKFILLING © 2010 Bonestroo 1000034-09217-0 330505-5 D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated on the Drawings. 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re- compacted until the density requirements are met. TRENCHING AND BACKFILLING © 2010 Bonestroo 1000034-09217-0 3305 05-6 � r � FA • PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. Section 33 40 00 — Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Adjust Catch Basin Frame and Ring Casting: Adjustment of the catch basin frame and ring castings in this Contract are considered incidental to the installation of the catch basin. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. A. American Society of Testing and Materials (ASTM) 1. A48 — Specification for Gray Iron Casting. 2. A240 — Specification for Heat — Resisting Chromium — Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. C6 — Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 — Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150 — Specification for Portland Cement (Concrete Rings /Mortar). 6. C923 — Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. F593 — Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 8. F594 — Specification for Stainless Steel Nuts. 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. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. ADJUST MISCELLANEOUS STRUCTURES © 2010 Bonestroo 1000034-09217-0 3305 17-1 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 may be added to mixture: maximum amount 15 percent by volume. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non - rocking protection. 5. Type and Style: Per details on Drawing. 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. A. Call utility owners to field mark their utility locations. ADJUST MISCELLANEOUS STRUCTURES © 2010 Bonestroo 1 000034 - 09217 -0 3305 17-2 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. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not plaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6 -inch ring where applicable. 3.04 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard concrete adjustment rings of the same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. E. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. 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. 41111 61981FARMAIVOR ADJUST MISCELLANEOUS STRUCTURES © 2010 Bonestroo 1000034-09217-0 3305 17-3 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 4. Section 32 11 23 - Aggregate Base Courses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based on units of lineal feet for each size, type, class of pipe furnished and installed complete in place as specified, including excavation, back-filling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: a. Pipe bedding will be paid in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. Bid Items have been provided for Pipe Apron. Measurement will be based on units of each size installed at locations indicated in the Drawings complete in place as specified, including trash guard, excavation, backfilling, and compaction. a. Where a sewer line is terminated with a flared end section, tying the last 3 joints as specified is considered incidental to the installation of the pipe. 3. A Bid Item has been provided for Rip Rap. Measurement will be based on units of cubic yards of Rip Rap placed according to class. Payment shall include placement of geotextile fabric. 4. A Bid Item has been provided for Bulkhead. Measurement will be per each bulkhead installed. Payment will include all costs related to bulkheading or plugging the pipe as described in this Section. 5. A Bid Item has been provided for Construct Catch Basin Manhole Over Existing Pipe. Measurement will be based on the diameter of each manhole constructed over the existing pipe. Payment will include the cost of the manhole and installation over the existing line, casting frame and cover, and adjusting rings in place as specified. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Castings. 2. A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement, 4. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 5. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. STORM DRAINAGE UTI1ITIES © 2010 Bonestroo 1 000034- 09217 -0 334000-1 6. C150 - Specification for Portland Cement. 7. C206 - Specification for Finishing Hydrated Lime. 8. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 9. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 10. C478 - Specification for Precast Reinforced Concrete Manhole Sections. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2511 - Rip Rap. 2. 3601 - Rip Rap Materials. 3. 3733 - Geotextiles. 4. 2461 - Structural Concrete. C. American Association of State Highway and Transportation Officials "Standard Specifications for Highway Bridges," 1992 Edition (AASHTO). 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work - causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut -off schedule. B. Successfully complete required inspections and tests before commencement of Section 32 1123 and Section 32 16 13. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 0133 30. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. 3. Rip rap. PART 2 PRODUCTS 2.01 MATERIALS A. Mortar Materials 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions. a. 1 -part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. STORM DRAINAGE UTILITIES © 2010 Bonestroo 1000034-09217-0 334000-2 b. 1 -part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawing. Covers without grate openings shall 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 3oints: Rubber o -ring gasket type meeting ASTM C443. D. Segmental Manhole Blocks: Blocks conform to ASTM C139. E. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. B. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. D. The design computations and the plans shall be certified by the Engineer and submitted to the Owner and the Engineer -of- Record for their permanent record. The design shall be per the most current ACI 318, AASHTO, and the MnDOT Standard Specifications for Construction, except as noted. E. All shop drawings shall clearly identify the name of the responsible engineering firm and the name of the person certifying the plan. Each drawing shall be certified. F. Provide report certifying that the quality assurance requirements were completed as required. STORM DRAINAGE UTILITIES © 2010 Bonestroo 1 000034 - 09217 -0 334000-3 2.05 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings 1. General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. 0 -ring gaskets shall be synthetic rubber, circular reinforcing in cross - section, and shall conform to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: As shown on the Drawings. 5. Marking: Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of plant, date of manufacture, and the pipe class and specification design. 2.06 TRASH GUARDS A. General Requirement: ASTM A153. B. Materials: Galvanized steel rods meeting the requirements in ASTM A153. C. Bar size and configuration as shown on the Drawings. D. Securely attached to end section. 1 . . 0 A. General Requirement: Conform to MnDOT Spec. 2511 1. Rip Rap Materials: Conform to MnDOT Spec. 3601. 2. Granular Filter: Conform to MnDOT Spec. 3601. 3. Geotextile Filter: Conform to MnDOT Spec. 3733. 4. Grout: Conform to MnDOT Spec. 2461. PART 3 EXECUTION A. Trench Excavation and Backfill shall conform to Section 33 05 05. B. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All Work and costs for by -pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. 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. STORM DRAINAGE UTILITIES © 2010 Bonestroo 1000034-09217-0 334000-4 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut -ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly re -laid as directed by the Engineer. 8. Where a sewer line outlets to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. B. Structures and Appurtenances Installation 1. Furnish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. Poured in place bases must be approved by Owner. 4. Preformed inverts are not allowed. 5. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 6. All concrete pipes entering manholes must be cut with a concrete saw. 7. Steps a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 8. Position vertical wall of the eccentric cone on the downstream side. 9. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 10. Lift holes neatly mortared up. 11. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. C. Construct Manhole Over Existing Pipe 1. Construct manhole over existing pipe at locations shown on the Drawings. 2. Saw cut existing pipe to fit flush with inside wall of new structure. 3. Seal any openings in manhole. D. Rip Rap 1. General: Conform to MnDOT Spec. 2511. 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. STORM DRAINAGE UTILITIES © 2010 Bonestroo 1000034-09217-0 334000-5 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. b. Test waived if no visible infiltration is observed during the lamping inspection. c. Measurement made by means of 90 degree v -notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. e. Maximum Allowable Rate of Leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 0157 13. END OF SECTION STORM DRAINAGE UTILITIES © 2010 Bonestroo 1000034-09217-0 334000-6 a DATE (MWODNYYY) AC40RV CERTFCATE OF LIABILITY INSURANCE 114� II 1 11/23/2010 PRODUCER (651) - 460-6014 FAX: (651) 460-6625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION first national insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Ross Nesbit Agencies, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 324 Oak St, PO Box 130 1 Farmington MbT 55024-0130 INSURERS AFFORDING COVERAGE .--'LNAIC # INSURED INSURER A: General Casualty i_ Minnesota Dirt Works, Inc. INSURER R bn.t�e F1nl_ as 11770 321 9th Ave. NE INSURER C: ReliaMax INSURER D - Lonsdale M 55046 1 INSURER E: 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 OfSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR DDI POLICY EFFECTIVE N R TYPE OF INSURANCE POLICYNUMBER DATE I MIDDMYY) POLICY EXPIRATION DATE (MMIDDIYYYYI 1 LIMITS New Hope, MN 55427 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY _ OCCURRENCE EACH _D: M A 'GET RENTE DA PREMISE _E occurrence) SLEa occurrence _SL_ A 1 000 000 ---- $ 100 000 $ 5,000 A X CLAIMS MADE OCCUR �CX0713549 5/14/2010 p e rso n) MED EX person) 5/14/2011 P (Any :e $ 1,000,000 PERSO & ADV INJURY [_GENERAL AGGREGATE I $ - 000 -- 000 GEN'L AGGREGATE LIMIT APPLIES PER: I I PRODUCTS - COM /OP AGG 2,000,000 POLICY �7 PRO- JECT LOC I AUTOMOBILE LIABILITY j ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ B ALL OWNED AUTOS 05415016-1 j 5/14/2010 X SCHEDULED AUTOS 5/14/2011 BODILY INJURY (Per accident) $ X HIRED AUTOS I NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO I AUTO ONLY EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG $ 1$ E X CESS! / UMBRELLA EX LIABILITY OCCUR F-1 ULAIMb MADE EACH OCCURRENCE $ rA:G:GIREGATE $ 3 000 000 _ $ A DEDUCTIBLE CCU 0713549 1 5/14/2010 5/14/2011 RETENTION $ WORKERS COMPENSATION WC S FAI U- �UIH-; ___LTQRY UMj_ER._,___ C t — $ 500 000 AND EMPLOYERS' LIABILITY Y/N� ANY PROPRIETOR/PARTNER/EXECUTIVEF E L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 6C200-0000744-2010A 5/14/2010 5/14/2011 E L D -EA EMPLOYE $ 500,000 $ 500,000 If yes, describe under SPECIAL below E.L. DISEASE - POLICY LIMIT IOTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is listed as additional insured. I-A mf�l I A I trim ACORD 25 (2009/01) W - 1 Voo-Aeuvv A%.%JMLJ %,Vmr%;Mm I I%Jlv. Pill I run I cowl vwu. INS025(200901) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of New Hope DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 4401 Xylon Ave N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL New Hope, MN 55427 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE James Lundquist/JWL ACORD 25 (2009/01) W - 1 Voo-Aeuvv A%.%JMLJ %,Vmr%;Mm I I%Jlv. Pill I run I cowl vwu. INS025(200901) The ACORD name and logo are registered marks of ACORD COUNCIL V'Ra Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 26, 2011 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 6.6 Resolution accepting the 45th Avenue regional pond project and approving the final pay request to Minnesota Dirt Works Inc. for $4,514.87 (improvement project 855) Requested Action Staff recommends that Council approve a resolution to accept the 45th Avenue regional pond project and authorize final payment to Minnesota Dirt Works Inc., in the amount of $4,514.87. Policy /Past Practice Improvements to the existing 45th Avenue pond, located on 45th Avenue west of Winnetka Avenue North, was part of the city's 2008 local water management plan. Background Staff recommended that the city improve and add a sediment cell to an existing pond in the vicinity of 45th Avenue and Winnetka Avenue. The project established an improved regional water quality pond and also included construction of a new inlet structure that will be connected with future improvements to the storm water collection system along Winnetka Avenue, west of the pond. The project was reviewed by the Shingle Creek Watershed Management Commission's (SCWMC) Technical Advisory Committee (TAC) on May 27, 2010, and the committee recommended the project to the commission. On September 9, 2010, the SCWMC approved funding a portion of the project, up to 25% of its estimated cost, and included it in the SCWMC's CIP. Council authorized the preparation of plans and specifications for the improvement on July 26, 2010, and approved the plans and specifications for the project on September 27, 2010. Bids were opened on October 28, 2010. The city received 13 bids and the bid submitted by Minnesota Dirt Works Inc. was identified as the lowest responsible bid. Council approved a contract with Minnesota Dirt Works Inc. on November 8, 2010. Motion by ` ' Second byi(,,2 To: r, I: \ RFA \ PUBWORKS \ 2011 \ 855 45th Ave. Pond Final.doc ,Request for Action September 26, 2011 Page 2 Funding The engineer's preliminary cost estimate was $328,000 for the necessary pond improvements. The $328,000 estimate included pond improvement costs, indirect costs, and wetland mitigation costs. The engineer's estimate for the pond improvement portion was $137,000. Minnesota Dirt Works Inc.'s original bid for the project was $93,670. The actual cost for the construction improvements to the pond was $90,297.50 or $3,372 less than the original contract. The final payment request is $4,514.87. Funding for the pond will be through SCWMC's CIP, to a maximum of $82,500; a $160,000 grant that SCWMC received from the Board of Water and Soil Resources; the city's storm water fund; and state aid funds. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. I: \ RFA \ PUBwORKS \ 2011 \ 855 45th Ave. Pond Final.doc City of New Hope Resolution No. 11- 132 Resolution accepting the 45th Avenue regional pond project and approving the final pay request to Minnesota Dirt Works Inc. for $4,514.87 (improvement project 855) WHEREAS, the city has entered into a contract with Minnesota Dirt Works Inc., for improvements to the existing 45th Avenue pond, located on 45th Avenue west of Winnetka Avenue North; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 855 and approve final payment to Minnesota Dirt Works Inc., in the amount of $4,514.87; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Minnesota Dirt Works 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 45th Avenue regional pond project from Minnesota Dirt Works Inc. 2. That the city manager is hereby directed to authorize the final payment of $4,514.87 to Minnesota Dirt Works Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 26th day of September, 2011. Mayor Attest: G?` City Clerk September 14, 2011 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 45 Avenue Pond Improvements — Final Payment City Project No.: 855 Project No.: 000034-09217-0 Dear Guy: All work under the 45 Avenue Pond Improvements Project contract has been completed and accepted. The contractor, Minnesota Dirt Works, has requested final payment in the amount of $4,514.87. The original contract was for $93,670.00. The requested final payment brings the total construction costs to $90,297.50 or $3,372.50 (3.6%) less than the original contract amount. The savings was due to an under- run of estimated quantities versus final. We recommend approval of the final payment to Minnesota Dirt Works in the amount of $4,514.87 for the 45 Avenue Pond Improvements Project. A copy of Payment No. 3 and Final and IC-134 Forms are attached. Sincerely, STANTEC CONSU TING SERVICES INC. Mark A. Hanson, PE (651) 604-4838 Enclosure: Payment No. 3 and Final Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: September 13 2011 For Period: 6/4/2011 to 9/13/2011 Request No: 3 AND FINAL 'ontractor: Minnesota Dirt Works, Inc., 321 9th Ave. NE, Lonsdale MN 55046 CONTRACTOR'S REQUEST FOR PAYMENT 45TH AVENUE POND IMPROVEMENTS BONESTROO FILE NO. 000034- 09217 -0 CITY PR03ECT NO. 855 SUMMARY i Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO Approved by C t or: MINNESO T WORKS, INC. � AKIn FTRIAI $ 93,670.00 $ 0.00 $ 0.00 $ 93,670.00 $ 90,297.50 $ 0.00 $ 90297.50 $ 0.00 $ 90,297.50 $ 85,782.63 $ 0.00 $ 4.514.87 Approved by Owner: CITY OF NEW OPE Specified Contract Completion Date: Date: 3409217RE03FINAL.xls m TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE 3409217REQ3FINAmsm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LUMP SUM 1 4500.00 1 $1,500.00 2 CLEARING AND GRUBBING LUMP SUM 1 3500.00 1 $3,500.00 3 SALVAGE CHAIN LINK FENCE ON FT SO 10.00 59 $590.00 4 REMOVE SEWER PIPE (STO»M) UN FT 5 100.00 5 $500.00 5 REMOVE CURB AND GUTTER ON FT 25 5.00 30 $150.00 b REMOVE CONCRETE SIDEWALK SVFT 135 8.00 165 $1,320.08 7 REMOVE BITUMINOUS PAVEMENT S0rT 180 8.00 345 $2,760.00 8 COMMON EXCAVATION CU YD 4120 10.00 4130 $11,200.00 9 SELECT TOPSOIL BORROW (LV)MOD CU YD 190 120O ' $0.00 10 AGGREGATE BASE CLASS 5 TON 15 10.00 15 $600.00 11 TYPE SP12.5 WEARING COURSE MIXTURE ( TON 10 250.00 14 *3,500.00 12 BULKHEAD EACH 1 850.00 1 $850.00 13 42^RC PIPE APRON EACH 1 3000.00 1 $3,000.00 14 42^RC PIPE SEWER ON FT 59 90.80 59 $5,310.00 15 CONSTRUCT CBMU OVER EXISTING PIPE EACH 1 4400.00 1 $4,400.00 10 RANDOM KIPRAP CLASS III CU YD 40 00.00 13 $3,300.00 17 d^ CONCRETE WALK 50 FT 135 8.00 105 $1,32080 18 CONCRETE CURB & GUTTER DESIGN B§l8 L[NpT 25 I5.00 30 $750.00 19 INSTALL CHAIN LINK FENCE LIN FT 38 25.00 17 $1,175.80 20 INSTALL CHANI LINK FENCE GATE ON FT 12 100.00 12 $1,200.00 31 TRAFFIC CONTROL LUMP SUM 1 3100.00 1 $3,100.00 22 SILT FENCE, TYPE HEAVY DUTY ON FT 100 5.08 $8.00 Z] STORM DRAIN INLET PROTECTION EACH 3 250.00 1 $250.00 24 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1 800.00 1 $800.00 25 SEED MIXTURE ]5U SQYD 4*0 2.50 235 $587.50 20 SEED MIXTURE 8VV8RVVT1 SQYD 1100 5.00 515 $2,575.00 27 EROSION CONTROL BLANKETS CATEGORY 3 SQYD 1540 2.00 1500 TOTAL BASE BID: $90,297.50 TOTAL BASE BID: TOTAL WORK COMPLETED TO DATE 3409217REQ3FINAmsm PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 855 BONESTROO FILE NO. 000034-09217-0 CONTRACTOR MINNESOTA DIRT WORKS, INC. CHANGE ORDERS NO. Date -Description Amount Total Change Orders PAYMENT SUMMARY No. Frnm Tn Total Payment to Date 01/01/2011 01/28/11 52,744.00 277600 %-Will ICLCU 55,520.00 2 01/29/2011 06/03/11 33 4,514.88 90,297.51 3 AND FINAL 06/04/2011_ 09/13/11 4,514.87 90297.50 Total Payment to Date $90,297.50 Original Contract $93.,670.00 Retains Pay No. 3 AND FINAL Change Orders Total Amount Earned 90,297.50 Revised Contract $93,670.00 34092178 EQ3FINAL.xlsm Page 1 of 1 MINNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation MINNESOTA DIRT WORKS INC ID 8103956 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 402698 Tue Sep 13 20:05:13 CDT 2011 CITY OF NEW HOPE 855 January 2011 June 2011 45TH AVE NEW HOPE CR FISHER 1605604 402629 JR LARSON 5930620 402371 httnc• / /vjww mnrinr ctnta mn 0 /11 / ?fl1 l Page 1 of 1 MINNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation C R FISCHER & SONS INC ID 1645604 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 402629 Tue Sep 13 15:32:15 CDT 2011 Project owner CITY OF NEW HOPE Project number unkown Project begin date May 2011 Project end date June 2011 Project location 45TH AVE POND NEW HOPE MN Subcontractors STAPF CONCRETE CONSTRUCTION 6036685 402614 https: / /www.mndor. state. mn .us /we /action/confirmationPrint 9/13/2011 Page 1 of 1 MINNESOTA- REVENUE Minnesota Revenue Home ( Contact Us ( Help Contractor's Withholding Affidavit Confirmation STAPF CONCRETE CONSTRUCTION ID 6036685 INC Please keep this information for your records. To print or save this page, use your browser's print or save function. Do not use your browser's back button. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number 402614 Tue Sep 13 15:25:25 CDT 2011 Project owner Project number Project begin date Project end date Project location Subcontractors CITY OF NEW HOPE unkown May 2011 June 2011 45TH AVE POND NEW HOPE MN No subcontractors listed. tll Minnesota Department of Revenue I Site privacy & security I Use of information https:// www. mndor .state.inn.us /wc /action/process 9/13/2011 Page I of I ,,'\,1JNNFS(Y'TA- UVIFNUF Contra ctvff ��,.Im wiw �-a * km* Confirmation J s LARSON GROUNDS MAINTENANCE ID 5930621 LL 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 and date Project location Subcontractors 402371 . Tue Sep 13 09:47:51 CDT 2011 CITY OF NEW HOPE 45th Ave Pond May 2011 May 2011 45TH AVENUE, NEW HOPE No subcontractors listed, httl)s://www.mndor.state,mn.us/wc/action/confi 9/13/2011