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IP #883COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works January 24, 2011 Development & Planning Item No. By: Guy Johnson By: Kirk McDonald, Ci ng Maer 8.2 Presentation of the feasibility report for the construction of a Boone Avenue infrastructure improvement project and a motion to accept the feasibility report (project 883) Requested Action Staff is requesting that the Council receive a presentation by the city engineer for the proposed 2011 Boone Avenue improvement project, and is recommending that the Council pass a motion accepting the project's feasibility report. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background At the October 18, 2010, work session, Council and staff discussed the city's current fund balance of the state aid construction fund. The city receives two types of state aid funding assistance for its streets. Annually, the city receives between $140,000 and $150,000 for general street maintenance. For 2010, the amount was $145,746. These funds are used as revenue for the city's annual street operating budget (general fund). The second type of funding is placed in a state aid construction fund account that is administered for the city by the state aid office. At the city's discretion, these funds can be used for the street portion of infrastructure projects that include the city's designated state aid streets. Of the city's approximately 63 miles of streets, 12.7 miles are designated as state aid streets. The state has an "Excess Unencumbered Construction Fund Balance Adjustment" procedure in place for municipalities whose account balances are more than three times their annual construction fund allotment. The city's 2010 construction fund allotment was $437,237. If the city's balance at the end of any given year is over the allowable construction fund balance to construction fund allotment ratio of 3/0, the city could see a reduction in a future year allotment. For this reason, and because there are no city state aid streets in the proposed 2011 street infrastructure project and no street infrastructure projects currently planned for 2012, staff is suggesting that the Council consider street. infrastructure Motion by Second by To: E \ RFA\ PUBWORKS \2011 X883 Boone Avenue Infrastructure Feasibility.doc Request for Action January 24, 2011 Page 2 improvements to Boone Avenue; a state aid street. The proposed improvements would be in the area between 42nd Avenue and the 5100 block (Canadian Pacific Railroad tracks). Although the city's street management plan currently includes improvements to a portion of Boone Avenue from 49th Avenue to the Canadian Pacific Railroad tracks in 2013; the city may wish to make improvements prior to 2013 if the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure would be initiated. On November 8, 2010, after discussing the city's state aid construction fund account balance and the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure, Council authorized the preparation of a feasibility report for a proposed infrastructure project for Boone Avenue. After reviewing the report, Council can determine if it wishes to proceed and then authorize staff to return with a resolution that establishes a public hearing to consider ordering the Boone Avenue infrastructure improvement project No. 883. Also at that time, staff would recommend that Council authorize staff to prepare plans and specifications for the project. If the Council authorizes the preparation of plans and specifications, staff would return with plans for review by the Council, but would not request authorization to advertise for bids. Instead, staff would continue to monitor the city s year-end state aid construction fund account balance and recommend an improvement project for Boone Avenue prior to 2013 only if the cites state aid construction fund account balance becomes too large. The proposed project would involve street surface reclamation, spot curb and sidewalk replacement, and spot utility infrastructure work. If the project were to proceed, a public hearing would be established to declare the cost to be assessed after project costs are determined. Funding The project would be funded by the city's state aid tuna, the sanitary sewer fund, the water fund, and assessments. The engineer's preliminary cost estimate for the proposed improvements to the entire length of Boone Avenue between 42nd Avenue and the Canadian Pacific Railroad tracks is $1,981,620 Depending on the city's state aid construction fund account balance, the distance for improvement along Boone Avenue could be reduced, thereby reducing the necessary funding from the state aid account and the utilities' fund. The feasibility report has Boone Avenue divided into three segments; 42nd Avenue to 46th Avenue, 46th Avenue to 49th Avenue, and 49th Avenue to the Canadian Pacific Railroad tracks. Attachment The feasibility report is attached. L\RFA\PUBWORKS\2011\883 Boone Avenuelnfrastructure Feasibility.doc Report Boone Avenue Improvements Feasibility Report City of New Hope ]anuary 2011 City Project Number: 883 Project Number: 000034-10231-0 Bonestroo January 19, 2011 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Boone Avenue Improvements Project, City of New Hope Client Project No.: 883 Bonestroo File No.: 000034-10231-0 Dear Mayor and Council Members: 2335 Highway 36 w St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 * Bonestroo We are pleased to present the Feasibility Report for the Boone Avenue Improvements project. The project is located on Boone Avenue between 42nd Avenue on the south and the C.P. Railway on the North. We recommend this report be presented and discussed at the January 24, 2011 Council meeting. Sincerely, BONESTROO Jason P. Quisberg, P.E. I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jason P. Quisberg Date: January 19, 2011 Reg. No.: 44315 CITY OF NEW HOPE — eOONE AVENUE IMPROVEMENTS Table of Contents Letterof Transmittal................................................................................................1 Tableof Contents.................................................................................................... 2 Introduction............................................................................................................ 3 ExistingConditions...................................................................................................3 Figure1 Project Location................................................................................. 4 Street Improvements............................................................................................... 5 Figure2- Typical Section..................................................................................... 5 Water Main Improvements .......... .................. ,.......................................................... 6 Storm Sewer Improvements..................................................................................... 6 Sanitary Sewer Improvements.................................................................................. 6 CostEstimates......................................................................................................... 7 Table 1 — Street Cost Estimate............................................................................ 7 Table 2 — Utility Cost Estimate............................................................................. 7 Table 3 — Total Project Cost................................................................................ 7 Financing...............................................................................................................8 Revenues.......................................................................................................... 8 Assessments...................................................................................................... 8 Table 4 Proposed Assessment Rate................................................................... 8 Table 5 Assessable Revenue............................................................................. 8 Table6 — Funding Source................................................................................... 9 ProjectSchedule...................................................................................................... 9 Conclusion and Recommendations............................................................................ 9 Appendix A — Detailed Cost Estimate Appendix B — Assessments City of New Hope * Bonestroo Page 2 Boone Avenue Improvements 000034-10231-0 CITY OF NEW HOPE - suuNE AVENUE iMPRovEMeNTS Introduction The City of New Hope has chosen to investigate the feasibility of performing street improvements to Boone Avenue and performing utility improvements consistent with the City's standard practice of infrastructure management. Boone Avenue was chosen for street improvements based on the City's desire to reduce its current State Aid Account Balance. New Hope's State Aid account balance is at a level where if funds are not used for a project, or projects, in the next year or so, the City could face penalties in future allotments. To prepare for this possibility, it has been suggested potential projects be explored that could utilize available State Aid funds. The first priority for identifying projects was to include State Aid streets with little history of utility issues. This maximizes the use of State Aid funds, which can be used for street improvements, while minimizing the use of City utility funds needed for improvements not eligible for State Aid funding. Boone Avenue, between 42nd Avenue and the railroad tracks, north of 49th Avenue, appears to be a good fit for the criteria used in the decision making. This stretch of Boone Avenue shown on Figure 1 has minimal water main break history and very few sanitary sewer issues identified, suggesting the existing utilities could be left in place with only minimal repairs and upgrades. The current balance in the City's State Aid account is approximately $1,100,000. Roughly $430,000 more will be added to the account January 2011. A balance over $1,500,000 in New Hope's account is what triggers the penalty assessment to future allotments. Existing Conditions Boone Avenue functions as a city collector street. It is one of the main north -south corridors within the City. City records have been reviewed and inspections performed to identify storm sewer and sanitary sewer warranting improvement work in the project area. Overall, the condition of the existing storm and sanitary systems in the project area is good. Only a portion of the structures within the project area are deteriorated and in need of attention. The history of water main breaks with in the project area is minimal. Therefore, water main improvements would be limited to hydrant and valve upgrades along with lateral lead replacements in preparation for upcoming, adjacent street and utility projects. City of New Hope * Bonestroo Page 3 Boone Avenue Improvements 000034-10231-0 LJ_ BCCI 1 mllmlR. r i i i PART 1 (42ND AVE. TO 46TH AVE.) PART 2 (46TH AVE. TO 49TH AVE.) ■ M PART 3 (49TH AVE. TO C.P. RAIL SYSTEM) �� 1 ■ oili►� ♦ ��11111� ���u1 Ian ?r 11 111 PROJECT LOCATION CITY OF NEW HOPE, MINNESOTA BOONE AVENUE IMPROVEMENTS FIGURE: 1 1a:a. Bonestroo I:\34\34102310XCAD\DWG�34102310ZFDOI.DWG DATE: 11/29/10 COMM: 34-10231-0 CITY OF NEW BOONE AVENUE IMPROVEMENTS Street Improvements Boone Avenue is proposed to be improved by reclamation and replacement of the entire bituminous surfacing of the roadway. Reclaiming the road was determined based on the integrity of the existing curb and underground utilities while lacking evidence of any failures in the sub base materials. The typical section is shown on Figure 2 below. 22.00' EX. CONCRETE EXISTING CURB & GUTTER 15" RECLAIM SECTION J REMOVE TOP 8" PROPOSED j - 1-1/2" WEARING COURSE MIXTURE 6-1/2" NON WEARING COURSE MIXTURE Figure 2: Typical Section The street improvements will be separated into three parts identified on Figure 1. Part 1 includes the section of Boone Avenue from 42nd Avenue North to 46`h Avenue North. Part 2 includes the section of road from 46"' Avenue North to 49th Avenue North. Part 3 is from 49' Avenue to the C.P. Railway System. Dividing the project into parts allows for additional flexibility when it comes to award the project. When Bids are received, estimated costs can be reviewed in respect to the current State Aid account funding available. The part, or parts, that best fit the available budget, at that time, can then be awarded for construction in 2011. Any remaining parts can then be rebid as a future project or included as part of another project, such as the 2013 Infrastructure Improvements project. City of New ;-lope * Bonestroo Page 5 Boone Avenue Improvements 000034-10231-0 CITY OF NEW NOPE-- BOONE AVENUE IMPROVEMENTS Water Main Improvements The history of water main breaks in Boone Avenue has been minimal. Water main improvements within the project area are limited to removing and replacing the existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Additionally water main leads to adjoining streets that are scheduled for improvements in 2015 will replaced with ductile iron pipe to the right-of-way. Storm Sewer Improvements Within the project area, storm sewer needs have been identified. It is proposed that along with the scheduled maintenance of the streets, non -city standard catch basin castings be replaced. Similarly, all storm sewer structures that are constructed of block will be replaced with pre -cast concrete structures within the project area. Sanitary Improvements The sanitary sewer mains have been televised and overall appear to be in satisfactory condition. All non -conforming manhole covers, ones with open pick holes, within the project area are proposed to be replaced with covers with concealed pick holes. This would help in limiting unnecessary inflow into the sanitary sewer system. Additionally, seals would be added to existing sanitary manholes access to reduce potential infiltration into the system. The sanitary sewer at the intersection of 49th Avenue North and Boone Avenue is known to have problems that extend beyond the right of way of Boone Avenue. In 2013 49th Avenue is proposed to be improved. At that time the sanitary sewer issues will be repaired and will not be addressed with this project. City of New Hope * Bonestroo Page 6 Boone Avenue Improvements 000034-10231-0 CITY OF NEW HOPE— BOONE AVENUE IMPROVEMENTS Cost Estimate The total cost estimate for the work proposed to be complete as part of the Boone Avenue project is $1,980,000. Detailed cost estimates have been prepared and can be seen in Appendix A. Summaries of the estimated costs can be seen below. The total costs shown below include 10% contingencies and 25% indirect costs. Table 1: Stx eet Cost Estimate From To Length Total Part 1 42nd Avenue N. 46th Avenue N. 1550 $434,330 Part 2 46"' Avenue N. 49th Avenue N. 2250 $629,560 Part 3 49d' Avenue N. C.P. Railway System 2000 $578,220 Total Total 5800 $1,642,110 Table 2: Utility Cost Estimate Table 3: Total Project Cost Part i Water Main Storm Sewer Total Part 1 $51,470 $29,500 $80,970 Part 2 $93,310 $54,810 $148,120 Part 3 $81,050 $29,370 $110,420 Total 225,830 $113,680 $339,510 Table 3: Total Project Cost Part i Part 2 Part 3 Total Street $434,330.00 $629,560.00 $578,220.00 $1,642,110.00 Water Main $51,470.00 $93,310.00 $81,050.00 $225,830.00 Storm Sewer $29,500.00 $54,810.00 $29,370.00 $113(680.00 Total $511.5,300.00 $777,600.00 $688,640.00 19816 0 -nn City of New Hope # Bonestroo Page 7 Boone Avenue Improvements 000034-10231-0 CITY OF NEW HOPE- BOONE AVENUE IMPROVEMENTS Financing REVENUES A number of revenue sources are proposed to be used to fund the project and include the following: State Aid Funds • Water Main Fund • Storm Water Fund • Assessments ►_'P�_3. -lL 1..4 ► 111 New Hope's policy is that assessments are levied to benefiting, tax-exempt parcels for only street improvements. Assessments will not be levied against taxable residential and commercial/industrial properties in accordance with the assessment Policy nor will any utility improvements be assessed. Table 4., Proposed Assessment Rates Non -Residential Residential Rate per Rate per Front Foot Front Foot $145.45 $96.97 The assessable properties with their respective property types and assessments are shown in the following table: Table 5. Assessable Revenue Owner Address Front Footage Property Type Assessment Amount NW Church of Christ 8624 50th Ave N 246 Non - Residential $35,780.25 House of Hoe Luth Church 4800 Boone Ave 260 Non - Residential $37,816.53 Crystal Evangelical FR CH 4741 Zealand Ave 305 Non - Residential $44,361.70 New Hoe Church EFCA 4217 Boone Ave 260 Non - Residential 37,816.53 Family Hope Service Inc. 4201 Boone Ave 185 Non - Residential $26,907.91 Total Assessment $182,682.92 City of New hope * sonestroo Page 8 Boone Avenue Improvements 000034-10231-0 CITY OF NEW HOPE-- BOONE AVENUE IMPROVEMENTS Table 6: Funding Source Source/ Improvement State Aid Storm I Water Fund Water Assessments Fund Total Street $1,459,427 $182,683 $IL642,110 Storm Water $113,680 $113,680 Water Main $225,830 $225,830 Total $1,4591427, $113,680 $225,830, $182,683 $1f9811620 Project Schedule Authorize Feasibility Report Present Feasibility Report Authorize Plans and Specifications Order Public Hearing Hold Public Hearing Approve Plans and Specifications Authorize Bids Receive Bids/ Award Contract Start Construction Construction Completion not including Wear Course Complete Construction Conclusion and Recommendations November 8, 2010 January 24, 2011 February 14, 2011 February 14, 2011 TSD March 14, 2011 March 14, 2011 April 25, 2011 May/ June 2011 Fall 2011 Summer 2012 It is the finding or this study that the proposed improvements are necessary, feasible and cost effective. The following steps are recommended: Adopt this report as the guide for development of the proposed improvements. ® Order the preparation of plans and specifications. • Hold a Public Improvement Hearing. Review plans and specifications — authorize bidding. • Receive bids. Review bid cosh and State Aid balance at time when bids are received. Award part, or parts, based on funding available at that time. Install the public utilities and streets, with construction anticipated to be done in 2011, with final completion being the spring of 2012. Hold an Assessment Hearing. Retain design of part, or parts, not awarded for use in future project, or projects. City of New Hope * Bonestrod Page 9 Boone Avenue Improvements 000034-10231-0 Appendix A Detailed Cost Estimate City of New Hope * Bonestroo Appendix A - 1 Boone Avenue Improvements 000034-10231-0 Appendix A Preliminary Cost Estimate Boone Avenue Improvements January 2011 Project Cost Summary: # Bonestroo Part 1: 42nd Avenue N. to 46th Avenue N. A. Streets No. Item Units 1 MOBILIZATION 2 TRAFFIC CONTROL 3 RECLAIM EXISTING BIT. STREET SURFACING 4 REMOVE CURB & GUTTER 5 REMOVE CONCRETE SIDE WALK 6 6" CONCRETE PEDESTRIAN CURB RAMP 7 TRUNCATED DOME PANEL 8 B618 CONCRETE CURB AND GUTTER 9 4" CONCRETE WALK 10 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 11 TYPE LV 3 WEARING COURSE MIXTURE (B) 12 BITUMINOUS MATERIAL FOR TACK COAT 13 COMMON EXCAVATION 14 TOPSOIL BORROW (LV) 15 SODDING 16 REMOVE SANITARY CASTING 17 FURNISH & INSTALL NEW SANITARY CASTING 18 PAVEMENT MARKINGS 19 REMOVE AND REPLACE LOOP DETECTORS LS Part 1 Part 2 Part 3 Total Streets Construction Cost $321,730.00 $466,340.00 $428,310.00 $1,216,380.00 Water Main Construction Cost $38,130.00 $69,120.00 $60,040.00 $167,290.00 Storm Sewer Construction Cost $21,850.00 $40,600.00 $21,750.00 $84,200.00 Total Construction Cost $381,710.00 $576,060.00 $510,100.00 $1,467,870.00 Contingencies (10%) $38,170.00 $57,600.00 $51,010.00 $146,780.00 Engineering (25%) $95,420.00 $144,020.00 $127,530.00 $366,970.00 Total Project Cost $515,300.00 $777,680.00 $688,640.00 $1,981,620.00 Part 1: 42nd Avenue N. to 46th Avenue N. A. Streets No. Item Units 1 MOBILIZATION 2 TRAFFIC CONTROL 3 RECLAIM EXISTING BIT. STREET SURFACING 4 REMOVE CURB & GUTTER 5 REMOVE CONCRETE SIDE WALK 6 6" CONCRETE PEDESTRIAN CURB RAMP 7 TRUNCATED DOME PANEL 8 B618 CONCRETE CURB AND GUTTER 9 4" CONCRETE WALK 10 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 11 TYPE LV 3 WEARING COURSE MIXTURE (B) 12 BITUMINOUS MATERIAL FOR TACK COAT 13 COMMON EXCAVATION 14 TOPSOIL BORROW (LV) 15 SODDING 16 REMOVE SANITARY CASTING 17 FURNISH & INSTALL NEW SANITARY CASTING 18 PAVEMENT MARKINGS 19 REMOVE AND REPLACE LOOP DETECTORS LS 1 $10,000.00 $10,000.00 LS 1 $5,000.00 $5,000.00 SY 7,410 $3.00 $22,230.00 LF 620 $3.00 $1,860.00 SY 200 $15.00 $3,000.00 EA 4 $500.00 $2,000.00 EA 4 $250.00 $1,000.00 LF 620 $15.00 $9,300.00 SY 200 $50.00 $10,000.00 TN 2,900 $60.00 $174,000.00 TN 670 $65.00 $43,550.00 GAL 1,060 $3.50 $3,710.00 CY 1,650 $12.00 $19,800.00 CY 60 $18.00 $1,080.00 SY 340 $5.00 $1,700.00 EA 3 $200.00 $600.00 EA 3 $750.00 $2,250.00 LF 4,650 $1.00 $4,650.00 LS 1 $6,000.00 $6,000.00 Subtotal $321,730.00 Contingencies (10%) $32,170.00 Engineering (25%) $80,430.00 Total Part 1: Streets $434,330.00 I;\34\34102310\Reports\Feasibillty\Appendix A - Boone Ave - CostEst Repolt,xls Appendix A - 2 * Bonestroo Part 1: 42nd Avenue N. to 46th Avenue N. B. Water Main No. Item Units Qty Unit Price Total Price 1 MOBILIZATION _ LS _ 1 $1,200.00 $1,200.00 2 TRAFFIC CONTROL LS 1 $600.00 $600.00 3 REMOVE CIP WATER MAIN LF 70 $10.00 $700.00 4 REMOVE HYDRANT AND VALVE EA 3 $500.00 $1,500.00 5 REMOVE VALVE EA 1 $400.00 $400.00 6 TEMPORARY WATER SERVICE LS 1 $5,000.00 $5,000.00 7 CONNECT TO EXISTING WATERMAIN EA 5 $1,000.00 $5,000.00 8 6" DIP WATER MAIN LF 70 $35.00 $2,450.00 9 6" GATE VALVE AND BOX EA 1 $1,200.00 $1,200.00 10 INSTALL HYDRANT AND GATE VALVE EA 3 $4,000.00 $12,000.00 11 DUCTILE IRON FITTINGS LB 1,860 $3.00 $5,580.00 12 EXTEND HYDRANT BARREL LF 3 $500.00 $1,500.00 13 VALVE BOX EXTENSION LF 4 $250.00 $1,000.00_ Subtotal $38,130.00 Contingencies (10%) $3,810.00 Engineering (25%) $9,530.00 Total Part 1: Water Main $51,470.00 Part 1: 42nd Avenue N. to 46th Avenue N. C. Storm Sewer No. Item Units Qty Unit Price Total Price I 1 MOBILIZATION LS 1 $1,000.00 $1,000.00 2 TRAFFIC CONTROL LS 1 $500.00 $500.00 3 REMOVE MH OR CATCH BASIIN EA 3 $1,000.00 $3,000.00 4 REMOVE CASTING EA 3 $200.00 $600.00 5 FURNISH & INSTALL NEW STORM CSTG EA 3 $750.00 $2,250.00 6 4' DIA STORM SEWER MH EA 3 $2,500.00 $7,500.00 7 CONNECT EX. PIPE TO STORM STRUCTURE EA 7 $1,000.00 $7,000.00 7 6" CONCRETE PEDESTRIAN CURB RAMP EA 15 Subtotal $21,850.00 8 TRUNCATED DOME PANEL EA Contingencies (10%) $2,190.00 Engineering (25%) $5,460.00 Total Part 1: Storm Sewer $29,500.00 Part 2: 46th Avenue N. to 49th Avenue A. Streets No. Item Units Qty Unit Price Total Price 2250 Length 1 MOBILIZATION LS 1 $13,000.00 $13,000.00 2 TRAFFIC CONTROL LS 1 $6,000.00 $6,000.00 3 RECLAIM EXISTING BIT. STREET SURFACING SY 10,760 $3.00 $32,280.00 4 REMOVE CURB & GUTTER LF 900 $3.00 $2,700.00 5 REMOVE CONCRETE SIDE WALK SY 290 $15.00 $4,350.00 6 COMMON EXCAVATION CY 2,390 $12.00 $28,680.00 7 6" CONCRETE PEDESTRIAN CURB RAMP EA 15 $500.00 $7,500.00 8 TRUNCATED DOME PANEL EA 15 $250.00 $3,750.00 9 B618 CONCRETE CURB AND GUTTER LF 900 $15.00 $13,500.00 10 4" CONCRETE WALK SY 290 $50.00 $14,500.00 11 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 4,210 $60.00 $252,600.00 12 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 970 $65.00 $63,050.00 I:\34\34102310\Reports\Feaslbllity\Appendix A - Boone Ave - CostEst Report.xls Appendix A - 3 13 BITUMINOUS MATERIAL FOR TACK COAT GAL 14 REMOVE AND REPLACE BIT. DRIVEWAY SY 15 TOPSOIL BORROW (LV) CY 16 SODDING SY 17 REMOVE SANITARY CASTING EA 18 FURNISH & INSTALL NEW SANITARY CASTING EA 19 PAVEMENT MARKINGS LF Part 2: 46th Avenue N. to 49th Avenue B. Water Main -0- Bonestroo 1,540 $3.50 $5,390.00 15 $50.00 $750.00 80 $18.00 $1,440.00 500 $5.00 $2,500.00 8 $200.00 $1,600.00 8 $750.00 $6,000.00 6,750 $1.00 $6,750.00 LF Subtotal $466,340.00 Contingencies (100/a) $46,630.00 Engineering (25%) $116,590.00 Total Part 2: Streets $629,560.00 No. Item Units Qty Unit Price Total Price I 1 MOBILIZATION LS 1 $2,000.00 $2,000.00 2 TRAFFIC CONTROL LS 1 $1,000.00 $1,000.00 3 REMOVE CIP WATER MAIN LF 210 $10.00 $2,100.00 4 REMOVE HYDRANT AND VALVE EA 4 $1,000.00 $4,000.00 5 REMOVE VALVE EA 5 $500.00 $2,500.00 6 TEMPORARY WATER SERVICE LS 1 $5,000.00 $5,000.00 7 CONNECT TO EXISTING WATERMAIN EA 9 $1,000.00 $9,000.00 8 6" DIP WATER MAIN LF 210 $35.00 $7,350.00 9 12" GATE VALVE AND BOX EA 3 $2,000.00 $6,000.00 10 6" GATE VALVE AND BOX EA 2 $1,200.00 $2,400.00 11 INSTALL HYDRANT AND GATE VALVE EA 4 $4,000.00 $16,000.00 12 DUCTILE IRON FITTINGS LB 2,840 $3.00 $8,520.00 13 EXTEND HYDRANT BARREL LF 4 $500.00 $2,000.00 14 VALVE BOX EXTENSION LF 5 $250.00 $1,250.00 Subtotal $69,120.00 Contingencies (10%) $6,910.00 Engineering (25%) $17,280.00 Total Part 2: Water Main $93,310.00 Part 2: 46th Avenue N. to 49th Avenue C. Storm Sewer No. Item Units Qty Unit Price Total Price 1 MOBILIZATION LS 1 $1,000.00 $1,000.00 2 TRAFFIC CONTROL LS 1 $500.00 $500.00 3 REMOVE MH OR CATCH BASIIN EA 6 $1,000.00 $6,000.00 4 REMOVE CASTING EA 8 $200.00 $1,600.00 5 FURNISH & INSTALL NEW STORM CSTG EA 8 $750.00 $6,000.00 6 4' DIA STORM SEWER MH EA 3 $2,500.00 $7,500.00 7 2'x3' DIAMETER STORM CBMH EA 3 $2,000.00 $6,000.00 8 CONNECT EX. PIPE TO STORM STRUCTURE EA 12 $1,000.00 $12,000.00 Subtotal $40,600.00 Contingencies (10%) $4,060.00 Engineering (25%) $10,150.00 Total Part 2: Storm Sewer $54,810.00 I:\34\34102310\Reports\Feasiblllty\Appendix A - Boone Ave - CostEst Report.xls Appendix A - 4 * Bonestroo Part 3: 49th Avenue to C.P. Rail System A. Streets No. Item Units Otv Unit Price Total Price 1 MOBILIZATION LS 2 TRAFFIC CONTROL LS 3 RECLAIM EXISTING BIT. STREET SURFACING SY 4 REMOVE CURB & GUTTER LF 5 REMOVE CONCRETE SIDE WALK SY 5 6" CONCRETE PEDESTRIAN CURB RAMP EA 6 TRUNCATED DOME PANEL EA 7 B618 CONCRETE CURB AND GUTTER LF 8 4" CONCRETE WALK SY 9 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 10 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 11 BITUMINOUS MATERIAL FOR TACK COAT GAL 12 COMMON EXCAVATION CY 13 TOPSOIL BORROW (LV) CY 14 SODDING SY 15 REMOVE STORM CASTING EA 16 FURNISH & INSTALL NEW STORM CASTING EA 17 REMOVE SANITARY CASTING EA 18 FURNISH & INSTALL NEW SANITARY CASTING EA 19 PAVEMENT MARKINGS LF Part 3: 49th Avenue to C.P. Rail System B. Water Main 1 $12,000.00 $12,000.00 1 $6,000.00 $6,000.00 9,570 $3.00 $28,710.00 800 $3.00 $2,400.00 250 $15.00 $3,750.00 18 $500.00 $9,000.00 18 $250.00 $4,500.00 800 $15.00 $12,000.00 250 $50.00 $12,500.00 3,750 $58.00 $217,500.00 860 $60.00 $51,600.00 1,380 $3.50 $4,830.00 2,130 $12.00 $25,560.00 70 $18.00 $1,260.00 440 $5.00 $2,200.00 18 $200.00 $3,600.00 18 $750.00 $13,500.00 12 $200.00 $2,400.00 12 $750.00 $9,000.00 6,000 $1.00 $6,000.00 $2,800.00 Subtotal $428,310.00 Contingencies (10%) $42,830.00 Engineering (25%) $107,080.00 Total Part 3: Streets $578,220.00 No. Item Units Qty Unit Price Total Price 1 MOBILIZATION LS 1 $1,500.00 $1,500.00 2 TRAFFIC CONTROL LS 1 $750.00 $750.00 3 REMOVE CIP WATER MAIN LF 90 $10.00 $900.00 4 REMOVE HYDRANT AND VALVE EA 3 $1,000.00 $3,000.00 5 REMOVE VALVE EA 6 $500.00 $3,000.00 6 TEMPORARY WATER SERVICE LS 1 $5,000.00 $5,000.00 7 CONNECT TO EXISTING WATERMAIN EA 5 $1,000.00 $5,000.00 8 12" DIP WATER MAIN LF 90 $90.00 $8,100.00 9 8" DIP WATER MAIN LF 70 $40.00 $2,800.00 10 12" GATE VALVE AND BOX EA 4 $2,000.00 $8,000.00 11 8" GATE VALVE AND BOX EA 1 $1,500.00 $1,500.00 12 6" GATE VALVE AND BOX EA 1 $1,200.00 $1,200.00 13 INSTALL HYDRANT AND GATE VALVE EA 3 $4,000.00 $12,000.00 14 DUCTILE IRON FITTINGS LB 1,430 $3.00 $4,290.00 15 EXTEND HYDRANT BARREL LF 3 $500.00 $1,500.00 16 VALVE BOX EXTENSION LF 6 $250.00 $1,500.00 Subtotal $60,040.00 Contingencies (10%) $6,000.00 Engineering (25%)_ $15,010.00 Total Part 3: Water Main $81,050.00 I:\34\34102310\Reports\Feasibility\Appendix A Boone Ave - CostFst Report.xls Appendix A - 5 *r Bonestroo Part 3: 49th Avenue to C.P. Rail System C. Storm Sewer No. Item Units Sty Unit Price Total Price 1 MOBILIZATION LS 1 $600.00 $600.00 2 TRAFFIC CONTROL LS 1 $300.00 $300.00 3 REMOVE MH OR CATCH BASIIN EA 3 $1,000.00 $3,000.00 4 REMOVE CASTING EA 3 $200.00 $600.00 5 FURNISH & INSTALL NEW STORM CSTG EA 3 $750.00 $2,250.00 6 4' DIA STORM SEWER MH EA 2 $2,500.00 $5,000.00 7 2'x3' DIAMETER STORM CBMH EA 1 $2,000.00 $2,000.00 8 CONNECT EX. PIPE TO STORM STRUCTURE EA 8 $1,000.00 $8,000.00 Subtotal $21,750.00 Contingencies (10%) $2,180.00 Engineering (25%) $5,440.00 Total Part 3: Storm Sewer $29,370.00 I:\34\34102310\Reports\Feasibility\Appendix A - Boone Ave - CostEst Report,xls Appendix A - 6 Appendix B Assessments City of New Mope * Bonestroo Appendix B - 1 Boone Avenue Improvements 000034-10231-0 Appendix B Preliminary Assessments - Rates Boone Ave Improvements 3anuary 2011 Boone Avenue - 42nd Ave to RR Non -Residential Rate = Rate Residential Rate = 2/3*Non-Residential Total Est Cost $1,642,110 Front Footage 11,290.00 Rate ($/FF) $145.45 $1,642,110 11,290.00 $145.45 Non -Residential Rate = $145.45 per FF Residential Rate = $96.97 per FF I:\34N34102310\Reports\Feasibility\Appendix B Boone Ave Assessments.xls Appendix B - 2 Appendix B Preliminary Assessments Boone Avenue Improvements 3anuary 2011 Front Assessment Assessment Entity Property Type Footage Rate Amount 1. NW Church of Christ Non -Residential 246 $145.45 $35,780.25 8624 50th Ave N PID 07-118-21-13-0104 2. House of Hope Luth Church Non -Residential 260 $145.45 $37,816.53 4800 Boone Ave PID 07-118-21-42-00036 3. Crystal Evangelical FR CH Non -Residential 305 $145.45 $44,361.70 4741 Zealand Ave PID 07-118-21-42-0030 4. New Hope Church EFCA Non -Residential 260 $145.45 $37,816.53 4217 Boone Ave 18-118-21-21-0106 5. Family Hope Service Inc. Non -Residential 185 $145.45 $26,907.91 4201 Boone Ave PID 18-118-21-21-0107 Total Assessment $182,682,92 I:\34\34102310\Reports\Feaslbillty\Appendix B - Boone Ave A_cwmments.xls Appendix B - 3 Appendix B Preliminary Assessments - Front Footage Boone Avenue Improvements January 2011 Front Footage 42nd Avenue to 46th Avenue 1,525 46th Avenue to 49th Avenue 2,225 49th Avenue to Railroad 1,895 Total Project Length 5,645 Front Footage (Project Length x 2) 11,290 Total Front Footage 11,290 Tax-Exept Parcels NW Church of Christ 8624 50th Ave N 246 House of Hope Luth Church 4800 Boone Ave 394 Crystal Evangelical FR CH 4741 Zealand Ave 305 New Hope Church EFCA 4217 Boone Ave 260 Family Hope Service Inc. 4201 Boone Ave 185 Total Front Footage Tax Exempt Parcels 1,390 I:\34\34102310\Reports\Feasibility\Appendix 6 - Boone Ave Assessments.xIs Appendix B - 4 CONN C 11 A -' Request for Action Originating Department Approved for Agenda Agenda Section Public Works February 14, 2011 Develo ment & Planning Item No. By: Guy Johnson By: Kirk Mc Donald, City Mana er 8.1 Resolution providing for a public hearing on proposed city improvement project No. 883 (Boone Avenue improvements 2011) Requested Action Staff is recommending that the Council approve a resolution to establish a public hearing to consider ordering the Boone Avenue improvement project No. 883 at the March 14, 2011, Council meeting. If the project proceeds, a public hearing would be established to declare the cost to be assessed after project costs are determined. Staff is also recommending that the Council authorize the preparation of plans and specifications. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background At the October 18, 2010, work session, Council and staff discussed the city`s current fund balance in the state aid construction fund. Funding is placed in a state aid construction fund account that is administered for the city by the state aid office. At the city's discretion, these funds can be used for the street portion of infrastructure projects that include the city's designated state aid streets. Of the city's approximately 63 miles of streets, 12.7 miles are designated as state aid streets. The state has an "Excess Unencumbered Construction Fund Balance Adjustment" procedure in place for municipalities whose account balance is more than three times their annual construction fund allotment and over $1.5 million dollars. The city's 2010 construction fund allotment was $437,237. If the city's balance at the end of any given year is over the allowable construction fund balance to construction fund allotment ratio of 3/1 and over $1.5 million dollars, the city could see a reduction in a future year allotment. Motion by Second by To: 3(] L\RFA\PUBWORK512011\883 Boone Avenue Call Public Hearing, & Authorize Plans.doc Request for Action February 14, 2011 Page 2 For this reason, and because there are no city state aid streets in the proposed 2011 street infrastructure project and no street infrastructure projects currently planned for 2012, staff suggested that the Council consider street infrastructure improvements to Boone Avenue; a state aid street. November 8, 2010, after discussing the city's state aid construction fund account balance and the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure, Council authorized the preparation of a feasibility report for a proposed infrastructure project for Boone Avenue. On January 24, the feasibility report was presented and accepted by the Council. While reviewing the report, Council requested that staff investigate additional options for projects to reduce the city's state aid account balance. With the understanding that projects can only involve street infrastructure work in the city's state aid road right-of-ways, there are very limited options. Other than actual street surface replacement or improvements, sidewalk and possibly retaining wall replacement projects in state aid street rights-of-way are really the only other options. Both sidewalk and retaining wall projects have already been completed using state aid dollars over the last five years. While there are other state aid streets that need street infrastructure improvements in the city, they also require major water utility projects to replace water main pipe. The feasibility report has Boone Avenue divided into three segments; 42nd Avenue to 46th Avenue, 46th Avenue to 49th Avenue, and 49th Avenue to the Canadian Pacific Railroad tracks. In an effort to reduce the water utility expenditures for the project, staff is recommending that only improvements between 42nd Avenue and 4911 Avenue be considered. This could reduce the water utility expenditures from an estimated $226,000 to an estimated $145,000. Based on the cost estimates for these two segments eligible for state aid funding, the city would not be involved with the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure for either 2011 or 2012. Also, the city's street management plan has the 49th Avenue to the Canadian Pacific Railroad tracks segment already included with the rest of Boone Avenue north to Bass Lake road in its proposed 2013 street infrastructure project. All of the street portion of Boone Avenue's proposed improvements from 49th Avenue to Bass Lake Road in 2013 would be eligible for state aid. Whereas the portion of Boone Avenue from 49th Avenue to the Canadian Pacific Railroad tracks would involve very little water main improvements in 2013, the water main in Boone Avenue north of the tracks to Bass Lake Road would need to be replaced. The proposed 2013 street infrastructure project, including water main replacement along Boone Avenue north of the Canadian Pacific Railroad tracks, will have a major impact on north/south traffic during the 2013 construction season. Completing the majority of the improvements to Boone Avenue from 42nd Avenue to 49th Avenue in 2011, and completing the remaining work, installation of the final asphalt wear course and all boulevard restoration in 2012, would allow for greater flexibility in attempting to reduce the impact to north/south traffic during the 2013 project. The proposed 2011 Boone Avenue improvement project would involve street surface reclamation, spot curb and sidewalk replacement, and spot utility -infrastructure work. L\RFAIPUBWORK512011�883 Boone Avenue Call Public Hearing, & Authorize Plans.doc Request for Action February 14, 2011 Page 3 If the Council wishes to proceed, staff is recommending that Council pass the resolution to establish a public hearing to consider ordering the Boone Avenue infrastructure improvement project No. 883. Also, staff recommends that Council authorize staff to prepare plans and specifications for the project. If the Council does authorize the preparation of plans and specifications, staff would return with plans for review by the Council. The proposed project schedule is: • Order public hearing, authorize plans and specifications on February 14, 2011 • Hold the public hearing on March 14, 2011 • Approve plans and specifications and order advertisement for bids on March 14, 2011 • Review bids and award contract on April 25, 2011 • Start construction in May/June 2011 Funding Staff has continued to monitor the city's year-end state aid construction fund account balance. Based on estimated year-end balances for both 2011 and 2012, staff recommends an improvement project commencing in 2011 for Boone Avenue between 42nd Avenue and 49th Avenue. The project would be funded by the city's state aid fund, the sanitary sewer fund, the water fund, and assessments. The engineer's preliminary cost estimate in the feasibility report for the proposed improvements to the length of Boone Avenue between 42nd Avenue and 49th Avenue was $1,293,000. Also on the agenda tonight is a resolution prepared by the city attorney providing the option of financing a portion of the utility improvements for the project with bonding in the future. Attachments Resolution Memorandum from the city engineer Map of project area Correspondence from the city attorney I:\ RFA\ PUBW0RKS02011 \ 883 Boone Avenue Call Public Hearing, & Authorize Plans.doc RESOLUTION NO. 11- 3o RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED CITY IMPROVEMENT PROJECT NO. 883 (Boone Avenue Improvements 2011) BE IT RESOLVED by the City Council of the City of New Hope as follows: I. It is hereby found and determined that Bonestroo, Engineers for the City, have heretofore reported to this Council that a public improvement for the City as hereinafter described is necessary, cost-effective, feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $1,292,980.00. The estimated cost for the project consists of $1,063,890.00 for street reconstruction, $144,780.00 for water main and sanitary sewer improvements and $84,310.00 for storm sewer replacement and repair. 2. This Council shall meet at the time and place specified in the notice ofpublic hearing described in paragraph 3 and attached hereto as Exhibit A for the purpose of holding a public hearing on the proposed construction of a public improvement as described in Exhibit A. 3. The City Clerk is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope -Golden Valley Sun -Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be substantially in the form as attached hereto as Exhibit A. 4. Each and all of the terms and provisions as stated in the notice of hearing attached as Exhibit A are hereby adopted as the terms and provisions under which said hearing shall be held. 5. Bonestroo, Engineers for the City are further authorized and directed to proceed with the preparation and making of final pians and specifications for said improvement. Dated the 14"' day of February, 2011. 4KaHemken, Mayor Attest: Valerie Leone, City Clerk PAAtlomey%AS1l Cfim Fdes52 City ofNew Hope199-083l(Boone street proj. 201 l)Vte:olution for Public Haring on proj and order plans and specd2.doc EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED INFRASTRUCTURE IMPROVEMENT NO. 883 (Boone Avenue Improvements 2011) City of New Hoe Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on March 14, 2011, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereafter. 2. The general nature of the improvement, as described in the January 2011 feasibility report entitled Boone Avenue Irn rovements 2011, City Project No. 883, prepared by Bonestroo, Engineers for the City, is the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42"d Avenue North to 49d' Avenue North. This will require the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main improvements will be limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 will be replaced with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings will be replaced and all storm sewer structures that are constructed of block will be replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers will be replaced with concealed pick hole covers and seals will be added to existing sanitary manhole accesses. Only the street improvements are proposed to be specially assessed. The street improvements will be separated into two parts as described in the January 2011 feasibility report. Part 1 includes the section of Boone Avenue from 42"a to 40 Avenues North and Part 2 includes the section of Boone Avenue from 46b to 49d' Avenues North. The street reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. There are four tax exempt properties to be assessed for the 2011 Boone Avenue Improvements - Project 883 as follows: Address PID number House of Hope Lutheran Church 07-118-21-42-0036 4800 Boone Avenue North New Hope Church EFCA 4741 Zealand Avenue North New Hope Church EFCA 4217 Boone Avenue North Family Hope Service, Inc. 4201 Boone Avenue North 07-118-21-42-0030 18-118-21-21-0106 18-118-21-21-0107 3. The estimated cost of said improvement is $1,292,980.00. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2. above. At the March 14"h hearing, a reasonable estimate of the impact of the assessment will be available to the owners of each parcel proposed to be assessed. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 14'h day of "eb- , 2011. A Valerie Leone Valerie Leone City Clerk (Published in the New Hope -Golden Valley Sun -Post on the 3`d and 1 e days of March, 2011.) PAA torney%SAS51 Client Filesl2 City of New Hope199fi8931(Boone street praj. 2011)1Fx A revised d2- Resolution for Public Hearing ordering proj..doe 2335 Kghway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fac 651-0&1311 www.bonestroo.com Bonestroo February 8, 2011 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Boone Avenue Improvements — Authorize Preparation of Plans & Specifications Client Project No.: 883 Bonestroo Project No.: 000034-10231-0 Dear Guy: Council accepted the Boone Avenue Improvements feasibility report at the January 24th meeting. Based on the comments received, the project scope has been modified. It is requested the preparation of plans and specifications, based on the revised scope described below, be authorized at the February 14�h Council meeting. AS yi.ai.eu previously, and in the report, the intent of the proposed Boone Avenue improvements is to utilize unencumbered State Aid funds while minimizing utility improvement costs. The use of these State Aid funds is to avoid penalizations in future allotments due to a high account balance. PROJECT SCOPE Options for the use of these funds were explored. Many of the needed improvements on streets within the State Aid system, therefore eligible for use of State Aid funds, also need a substantial amount of utility improvements under the street. Being the goal is to minimize (unbudgeted) utility costs, the section of Boone Avenue selected fits the criteria weil. The feasibility report identifies Boone Avenue, from 42' Avenue to the railroad tracks north of 49th Avenue as the project limits. Based on concerns raised at the January 24' meeting, the section between 49th Avenue and the railroad tracks has been eliminated from the project. This project will involve the length of Boone Avenue between 42nd Avenue and 49th Avenue. Similar to as presented In the report, the project will be divided into parts. One part being the section between 42nd and 46th Avenues and the other being between 46th and 49th Avenues. This will give some flexibility in awarding a contract to best fit the available budget at the time bids are received, City of New Hope Boone Avenve Improvements ESTIMATED COSTS Page 2 Febfuary 8, 2011 A summary of the preliminary cost estimates, based on the revised scope, is shown below: Improvement 1 42"d — 46th 4e -- 49th Total Street $434,330 $629,560 $1,063,890 Water Main $51,470 $93,310 I $144,780 Storm Sewer $29,500 $54,810 $84,310 TOTAL $515,3001 $777,680 $1,292,980 REVENUES Proposed revenue sources for the project include: • State Aid Funds • Water Main Fund • Storm Water Fund • Assessments Estimated assessment rates were recalculated based on the revised scope. Preliminary rates are: • Non -Residential Rate = $141.85/FF • Residential Rate = $94.57/FF There are four tax exempt properties within the proposed project area. These properties are shown in the table below along with the corresponding estimated assessment amount: Owner Address FF Prop. Type Assessmt Amt House of Hope Luth Church 4800 Boone Ave 260 Non -Res $36,881.00 Crystal Evangelical Free Ch 4741 Zealand Ave 305 Non -Res $43,264.25 New Hope Church EFCA 4217 Boone Ave 260 Non -Res $36,881.00 Family Hoe Service, Inc 4201 Boone Ave 185 Non -Res $26,242.25 TOTAL $143,268.50 Considering the estimated assessment amount and assuming 100% of the street costs are eligible for funding through the City State Aid account, the following table shows a summary of the costs and revenues for the proposed project: State Aid Storm Water Water MainI Assessments Total Fund Fund Street $920 620 $143,270 ' $1063 890 Storm Water $84,310 $84,310 Water Main $144,7801 $144,780 Total J$920,620 $84,310 $144,7801 $143,270 $1,292,980 Cityof ALIWHope Boone Avenue Improvements SCHEDULE Page 3 February 8, 2011 The proposed project schedule would remain the same as that presented in the report: Authorize Feasibility Report November 8, 2010 Accept Feasibility Report January 24, 2011 Authorized Plan & Specifications February 14, 2011 Order Public Hearing February 14, 2011 Hold Public Hearing March 14, 2011 Approve Plans & Specification_ s March 14, 2011 Authorize Bids March 14 2011 Receive Bids / Award Contract April 25, 2011 Start Construction May/June 2011 Substantial Completion Fall 2011_ Final Completion Summer 2012 Assuming Council is comfbrtable moving forward with the proposed project, we recommend authorizing preparation of plans and specifications along with scheduling a Public Hearing at the February 14th meeting. The Public Hearing could be held at the March 14"' meeting, the same meeting at which final plans will be reviewed. As mentioned previously, the City State Aid account balance will be reviewed prior to award of any contract to verify funds are available and it is appropriate to use said funds toward these improvements at the time of award. Additionally, it should be noted that if part, or all, of the contract is not awarded in accordance with the proposed schedule, the design can be used for, or as part of, a future project when it is determined appropriate to construct these improvements. Sincerely, BONESTROO Jason Quisberg, P.E. Associate 651-60414938 XOI W PAM 9 0 uu a 000 CITY OF NEW HOPE, MINNESOTA BOONE AVENUE IMPROVEMENTS I:\34\3410231OXCAD\DWG134102310ZFDOMDWG LEGEND: = i ■n i = i m PART 1 (42ND AVE. TO 46TH AVE.) MMMMMOM PART 2 (46TH AVE. TO 49TH AVE.) P. RAILSY5t9A P.bbHA HOUNDF H[GM LUfXBFW ovxYn PROJECT LOCATION lipa9m A `yam "OX � � I RE MrH- LRAM AVE N Y::R 0 400 B00 Holzortal Scale In Feet FIGURE: 1R BoneStroo DATE: 2/8/11 COMM: 34-10231-0 Y MISI -- ' !! E� min RE MrH- LRAM AVE N Y::R 0 400 B00 Holzortal Scale In Feet FIGURE: 1R BoneStroo DATE: 2/8/11 COMM: 34-10231-0 Y AmANnA M. FURTE( GOR11oN L. JENSEN' ADAM J. KAUFMAN NMLANYE P. PERSELLiN;' sTEPmN M. RINGQu1s11 STEVEN A.SONDRALL 'Real Property Law speewist Certified By The Minnesota State Bar Association Licensed in Illinois/Colorado ;Qualified Neutral Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CRMWG, STE. 201 BROOKLYN PARK, MINNESorA 55443-1968 TELEPHONE (763) 424-8$11$ TELEFAX (763) 493-5193 e-mail law@jspattoraeys.com Writer's Direct Dial No.: (763) 201-0211 e-mail sas@ispattorneys.com February 1, 2011 Guy Johnson Public Works Director City of New Hope 4401 Xylon Avenue North New Hope, NLN 55428 Re: Boone Avenue Improvements 2011- Project 883 Our File No.: 99-68831 Dear Guy: Enclosed are two resolutions for consideration at the February 10 City Council meeting for the Boone Avenue Improvements 2011 Project No. 883. I discussed with the City Manager the Resolution relating to financing of certain proposed expenditures for project 883. Basically, this is the resolution declaring the City's intent to finance some of the project costs with the proceeds of a bond sale. The City Engineer's January 2011 feasibility report estimates the cost for the water main and storm sewer work at $339,510.00. Therefore I used this amount to establish the maximum bond sale amount for this part of the project. The City Manager indicated the storm sewer fund had sufficient monies to cover the allocated storm sewer cost in the feasibility report. Therefore, the City Council may decide to lower this amount. As was discussed at the previous meeting, the adoption of this resolution does not require the City to use debt on this project; it simply keeps the City's option open to incur debt if doing so would be economically prudent. The second resolution sets a public hearing for March 14, 2011 to consider going forward with the project and authorizes the City Engineer to prepare Plans and Specs for the project to be considered at the public hearing. Also, the resolution establishes the project area and identifies the tax-exempt properties subject to special assessments within the project area. Tax-exempt properties pay special assessments because taxable properties have already contributed a portion of their annual real estate taxes to a street reconstruction fund. Obviously, since tax-exempt properties do not pay annual real estate taxes they are subject to assessments per the City's special assessment policy. Please contact me if you have any questions regarding these resolutions or need any additional information from me. Very truly yours, Steven A. Sondrall Enclosure(s) cc: Kirk McDonald Valerie Leone P:1Atom ,.y.SAS%1 CUcM Fi1a12 City of New 11ope19'p 831(Boone street pwi. 2011)UU G. Johnson re resolutions for public h% and band tak.doa Request for Action Originating Department Approved for Agenda Agenda Section City Manager and Finance February 14, 2011 Development & Plannin Item No. By: Gu Johnson By: Kirk McDonald, Ci Manager 8.2 Resolution relating to financing of certain proposed expenditures relating to reconstruction of streets, water mains, sanitary sewers and storm sewers; establishing compliance with reimbursement bond regulations under the internal revenue code (2011 Boone Avenue improvement project no. 883) Requested Action Staff recommends the Council approve the attached resolution regarding the financing of the 2011 Boone Avenue improvement project. Policy/Past Practice The city has issued bonds to finance major projects in the past. Background The proposed 2011 Boone Avenue project includes up to $225,830 of water main related improvements. As the City Council is aware, the water fund may not be able to support all associated costs for the improvements. This resolution authorizes the city to reimburse itself with bonds in the future if deemed necessary. The engineer's estimate for water main, sanitary sewer, and storm sewer work cost is $339,510 and this figure is reflected in the resolution. This financing option was reviewed and supported by AEM, the city's financial consultant. AEM has prepared the attached memorandum discussing the option of financing the Boone Avenue water main improvements with existing reserves or through bonding, and staff recommends that it is prudent to keep all options open. A decision on the financing can be determined after more in depth analysis is completed on the water fund. Attachments Resolution Memorandum from Steve McDonald, AEM City attorney's correspondence Motion by Second by To: I:RFA/PubWorks/2011/883 Boone Avenue Financing RESOLUTION NO. 11 - 31 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED EXPENDITURES RELATING TO RECONSTRUCTION OF STREETS, WATER MAINS, SANITARY SEWERS AND STORM SEWERS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE (Boone Avenue Improvements 2011- Project No. 883) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the "City"), as follows: 1. Recitals. (a) The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days atter payment of the original expenditure. (b) The City desires to comply with requirements of the Regulations with respect to expenditures to be made by the City for the reconstruction of infrastructure improvements beginning in 2011 including streets, water main, sanitary sewer and storm sewer as more fully described in the City Engineer's January 2011 Feasibility Report entitled the Boone Avenue Improvements identified as City Project No. 883 (the "Improvements"). 2. Official Intent Declaration. The City proposes to make a payment from funds of the City to pay certain utility costs of the Improvements. The City reasonably expects to reimburse such expenditure made for the cost of the utility Improvements out of the proceeds of debt to be incurred by the City pursuant to Minnesota Statutes §412.301, in an estimated maximum aggregate principal amount of $229,090.00 (the "Bonds) after the date the payment of such expenditures are made by the City. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the payment of the cost of the Improvements, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. M Dated the 10 day of February, 2011. 'c" -464 Kathi Aernken, Mayor Attest: Valerie Leone, City Clerk PAAtmmaASAS11 Client Fl1ea\2 City of New Hope199-b8931(Booee sUm pmj. 201 I)1Rasotudon - intM to reimburse coats tom bonda2.doe SA AGENDA ITEM '.MEMO TO: KIRK MCDONALD FROM: STEVE MCDONALD SUBJECT: WATER PORTION OF BOONE AVENUE INFRASTRUCTURE DATE: 2/9/2011 BACKGROUND At our 1/27/11 finance meeting with the City Manager, we discussed summarizing options to finance the $225,830 water main portion of the Boone Avenue improvement project. Based on discussion with Guy Johnson on 2/2/11 it appears the scope of the project should reduce the needed amount to $155,000. We have summarized three options that could provide resources for the project below: Current cash — as of December 31, 2010, the Water fund has a cash balance of $44,012. A three month working capital and debt service reserve would be approximately $800,000. This fund is not an option since an adequate working capital balance is not in place. Based on the 2011 budget, cash flow from operations is about. $430,000 and debt service is $236,000. The difference would add to cash reserves or fund other capital items. We don't think the City should count on using 2011 profit since the reserves are so low. Temporary financing -- This fund is estimated to have a reserve of $2.1 million at year end It has been used to provide resources for other one time projects and unallotment shortfalls over the past year. There are currently four other identified uses for some of these reserves in 2011. The city's 10% portion of the $1.2 million Highway 169 sound wall ($120,000) is scheduled to come out of here in 2011. The 2nd half of the Fire Truck purchase of $626,000 will come out of this fund. The City has already budgeted $88,796 for a General fund transfer and the council may be consider using $25,000 for the Lion's Park project lighting. This would leave a reserve of approximately $1.09 million if all these uses and the Boone avenue funding are approved by council. This fund could provide resources for an interfund loan. Currently there are no future major expenditures anticipated but given the uncertainty of the future State funding of LGA (after 2011) and MVHC (est $330,0000 for 2011), this fund would be a logical choice for any permanent shortfall that couldn't be eliminated through expenditure reductions or revenue increases. A summary of the Temporary Financing balance is listed below. Temporary Project Financing Project Amount Balance Estimated Beginning Balance $ 2,100,000 Planned 2011 Uses Highway 169 5oundwall (120,000) 1,980,000 2nd Half Fire Truck Payment (626,000) 1,354,000 General fund support (88,796) 1,265,204 Potential uses Boone Avenue Water costs (155,000) 1,110,204 Lions Park Lighting (25,000) 1,085,204 • Bonding — Currently, the City has bonds outstanding in the water fund of $1.58 million. The annual debt service costs for the next 4 years will be $236,614 to approximately $300 thousand. Debt service will be about 8% of revenue. Financing the $155,000 for the Boone Avenue Infrastructure project through bonds would not be cost effective but packaging this amount with the $1.6 million projected costs for the 2011 Street Project would be appropriate given the size of the issue. If the project is approved and bonding is considered acceptable by council, we believe that financing the $155,000 water costs with the $1.6 million 2011 Street Infrastructure project would be the most efficient and cost effective route. Repayment would occur thru rates in the water fund. Since 2010 was the first year the water and sewer fund were separated we do not have the history to evaluate cash flow in the water alone. This evaluation will be done in 2011 and will consider if rates are sufficient to provide for operations and the current debt service. 0 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 4248811 $ TELEFAX (763) 493-5193 e-mail law@jspattorneys.com Writer's Direct Dial No.: (763) 201-0211 AMANDA M. FuRTQ e-mail sas@jspattorneys.com Go"oN L. JENSEN' February 1, 2011 ADAM J. KAuFMAN )VIELAlYJE P. PERSELLIN's Guy Johnson STEPHEN M. RINGQUIs'le Public Works Director STEVEN A. SONDRALL City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Boone Avenue Improvements 2011- Project 883 Our File No.: 99-68831 Dear Guy: Enclosed are two resolutions for consideration at the February I e City Council meeting for the Boone Avenue Improvements 2011 Project No. 883. I discussed with the City Manager the Resolution relating to financing of certain proposed expenditures for project 883. Basically, this is the resolution declaring the City's intent to finance some of the project costs with the proceeds of a bond sale. The City Engineer's January 2011 feasibility report estimates the cost for the water main and storm sewer work at $339,510.00. Therefore I used this amount to establish the maximum bond sale amount for this part of the project. The City Manager indicated the storm sewer fund had sufficient monies to cover the allocated storm sewer cost in the feasibility report. Therefore, the City Council may decide to lower this amount. As was discussed at the previous meeting, the adoption of this resolution does not require the City to use debt on this project; it simply keeps the City's option open to incur debt if doing so would be economically prudent. The second resolution sets a public hearing for March 14, 2011 to consider going forward with the project and authorizes the City Engineer to prepare Plans and Specs for the project to be considered at the public hearing. Also, the resolution establishes the project area and identifies the tax-exempt properties subject to special assessments within the project area. Tax-exempt properties pay special assessments because taxable properties have already contributed a portion of their annual real estate taxes to a street reconstruction fund. Obviously, since tax-exempt properties do not pay annual real estate taxes they are subject to assessments per the City's special assessment policy. Please contact me if you have any questions regarding these resolutions or need any additional information from me. 'Real Property Law Specialist Certified By Very truly yours, The Minnesota State Bar Association 1Licemed in IllinoWColorado ;Qualified Neutral Mediator under Rule 114 Steven A. SOndrall Enclosure(s) cc: Kirk McDonald Valerie Leone P:lArxrney\SAS1 i Chert Fileal2 City of New Hope199.68931(Hoone street pruj. 2011)1::' G. Johmm re resolutions for public hrg and bond sale.doc newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspapers) known asG V, NH, Crystal, Robbinsdale Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 24 day of March 2011, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the __ day of ,2011; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 24 day of March , 2011. Xity of New Hope (Official Publication) SECTION 0011 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xy!on Avenue Norti1, until 10 A.M., CDT, Friday, April 15, 2011, 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: Boone Avenue Imnrovemente. CR_y Project No. 683 In general, Work consists of the following approximate quantities: 3,800 LF Street Reclaim and Pave 2,400 CY Common Excavation., off-site 2,000 LF Spot Replacement of Curb and Gutter and Walk 70 LF UP Water Main Replacement 13 EA Hydrant, Valves, and Fittings Replacement 6 EA Storm Sewer Structure Replacement 1,000 8Y Sodding 9,250 LF Stripingg, incl, Pavement marking 1 LS Loop Detector Replacement Biddlrg Documents may be purchased by crecilt card at www.bonestmo.com (follow the Plan Room linfor a fee of $75 (for a paper copy), or a fee of $20 (for a down load 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 $75. Bidding Docu meats may be viewed at d1e office of the City of New Hope and at the Issuing Office. Direct inquiries to Engineer's Project Manager Chad Davison at (651) 604-4913. 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 pe rind not to exceed 60 days after the date and time set for the Opening of Bkta No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. Minimum wage rates to be paid by the Contractors have been predetermined and are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regula tions. 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 Notary Public JULIA I HELKENN NOTARY PkJHL" t:11NNEs �` rly Comm. Expires Ji). 31. 2415 Xity of New Hope (Official Publication) SECTION 0011 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xy!on Avenue Norti1, until 10 A.M., CDT, Friday, April 15, 2011, 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: Boone Avenue Imnrovemente. CR_y Project No. 683 In general, Work consists of the following approximate quantities: 3,800 LF Street Reclaim and Pave 2,400 CY Common Excavation., off-site 2,000 LF Spot Replacement of Curb and Gutter and Walk 70 LF UP Water Main Replacement 13 EA Hydrant, Valves, and Fittings Replacement 6 EA Storm Sewer Structure Replacement 1,000 8Y Sodding 9,250 LF Stripingg, incl, Pavement marking 1 LS Loop Detector Replacement Biddlrg Documents may be purchased by crecilt card at www.bonestmo.com (follow the Plan Room linfor a fee of $75 (for a paper copy), or a fee of $20 (for a down load 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 $75. Bidding Docu meats may be viewed at d1e office of the City of New Hope and at the Issuing Office. Direct inquiries to Engineer's Project Manager Chad Davison at (651) 604-4913. 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 pe rind not to exceed 60 days after the date and time set for the Opening of Bkta No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. Minimum wage rates to be paid by the Contractors have been predetermined and are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regula tions. 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 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works March 14, 2011 Public Hearin Item No. By: Guy Johnson By: Kirk McDonald, City Manager 7.1 Resolution ordering the construction, approving plans and specifications, and ordering advertisement for bids for public improvement No. 883 (Boone Avenue improvements 2011) Requested Action Staff recommends that the Council hold a public hearing on the proposed Boone Avenue infrastructure improvement project. Staff further recommends that when the public hearing is closed, the City Council approve the plans and specifications, order the advertisement for bids, and order construction of the 2011 Boone Avenue infrastructure improvement project. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background At the October 18, 2010, work session, Council and staff discussed the city's current balance in the state aid construction fund. Funding is placed in a state aid construction fund account that is administered for the city by the state aid office. At the city's discretion, these funds can be used for the street portion of projects on the city's designated state aid streets. The state has an "Excess Unencumbered Construction Fund Balance Adjustment" procedure in place for municipalities whose account balance is more than three times their annual construction fund allotment and over $1.5 million dollars. The city's 2010 construction fund allotment was $437,237. if the city's balance at the end of any given year is over the allowable construction fund balance to construction fund allotment ratio of 3/1 and over $1.5 million dollars, the city could see a reduction in a future year allotment. With no city state aid streets in the proposed 2011 street infrastructure project and no street infrastructure projects currently planned for 2012, staff suggested that the Council consider street infrastructure improvements to Boone Avenue; a state aid street. Motion by f 6 -MA" Secondliy ��-kz ��� �24: e , V, �.— — If • IARRAIPuBWORKS120111883 Boone Avenue Public Hearing, Approve Plans Specs.doc Request for Action March 14, 2011 Page 2 On November 8, 2010, after discussing the city's state aid construction fund account balance and the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure, the Council authorized the preparation of a feasibility report for a proposed infrastructure project for Boone Avenue. On January 24, 2011, the feasibility report was presented and accepted by the Council. On February 14, 2011, Council set the project's public hearing for March 14, 2011, and authorized the preparation of plans and specifications. Council also directed staff to notify House of Hope Lutheran Church, Family Hope Services, and New Hope Church, utilizing Assessment Role A. The city clerk has notified the property owners regarding the proposed assessment project and notified their representatives of this hearing. In order to reduce the utility infrastructure expenditures, the scope of the proposed project was reduced and plans and specifications have been completed for the 42nd Avenue to 49th Avenue portion of Boone Avenue. Based on the cost estimates for this portion of Boone Avenue, the city would not be involved with the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure for 2011 or 2012. Improvements for the portion of Boone Avenue from 49th Avenue to Bass Lake Road would be considered in the future as part of the city's street management plan for 2013. The proposed 2011 Boone Avenue improvement project would involve street surface reclamation, spot curb and sidewalk replacement, and spot utility infrastructure work between 42nd Avenue and 49th Avenue. The proposed project schedule is: Hold the public hearing on March 14, 2011 Approve plans and specifications and order advertisement forbids on March 14, 2011 • Review bids and award contract on April 25, 2011 • Begin construction in May/June 2011 Funding The project would be funded by the city's state aid fund, assessments, the water fund, and the sanitary sewer fund if needed. Council also passed a resolution prepared by the city attorney on February 14, 2011, that provides an option of financing a portion of the utility improvements with bonding. The engineer's cost estimate for the proposed improvements to the portion of Boone Avenue between 42nd Avenue and 49th Avenue is $1,136,064. In accordance with New Hope's assessment policy, the breakdown for estimated revenue sources for the Boone Avenue infrastructure improvements is: State Aid $838,624 Proposed assessment amount $152,990 Storm water fund $46,250 Water fund $98,200 Total estimate $1,136,064 ' Potential debt issuance option/AEM memorandum attached LARWPUBWQRKSWO11 \ 883 Boone Avenue Public Hearing, Approve Plans Specs.doc Request for Action March 14, 2011 Page 3 Attachments A memorandum from the city engineer, a resolution prepared by the city attorney, a copy of the public hearing notice, and a copy of the February 9, 2011, memorandum from Steve McDonald (AE -M) is attached. L•IRFAIPUSWORIG12011\883 Boone Avenue Public Hearing, Approve Plans Specs.doc City of New Hope RESOLUTION NO. 11-45 RESOLUTION ORDERING CONSTRUCTION, APPOVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PUBLIC EUPROVEMENT NO. 883 (Boone Avenue Improvements 2011) BE IT RESOLVED by the City Council of the City of New Hope as follows: I. Pursuant to Resolution No. 2011-30 adopted at its February 14, 2011 meeting, this Council held a public hearing on the 14" day of March, 2011, at 7:00.p.m. at the New Hope City Hall, 4401 Xylon Avenue North, on the proposed Boone Avenue Im rovements 2011 Infrastructure Improvement No. 883 of the City. The public hearing was held after notice of the public hearing was duly published on the 3 day and 10 clay of March, 2011 in the City's official newspaper the New Hope -Golden Valley Sun -Post in accordance with and as required by law. 2. The Council has examined and approved the City Clerk's Affidavit Of Mailing pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that the notice of said hearing was duly mailed to the owners of each and all parcels within the area proposed to be assessed at least 10 days before the March 14, 2011 public hearing in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts relating to Project No. 883, does hereby determine the improvements necessary, cost- effective and feasible as detailed in the City Engineer's feasibility report. Further, the Council hereby determines to proceed with the making of said proposed improvement, and said improvement is hereby ordered as proposed in Resolution No. 2011-30. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining hereto as described in paragraph 1 of this resolution. 5. Further, the plans and specifications of proposed Boone Avenue Im rovements 2011 Infrastructure Improvement No. 883 of the City, heretofore prepared by Bonestroo, Inc., Engineers, have this day been presented to the Council and such plans and specifications are hereby approved, and a copy thereof shall be placed on file in the office of the City Clerk. 6. The City CIerk and the Engineers are hereby authorized and directed to advertise for bids in the New Hope -Golden Valley Sun -Post, the official newspaper of the City, and in the Page 2 Resolution No. 2011- 45 Finance & Commerce publication for the construction of Boone Avenue Im rovements 2011 Infrastructure Im rovement No. 883 said advertisement for bids to be in substantially the form attached hereto and made a part hereof. Adopted by the City Council this 14th day of March, 2011. Kathi Hemken, Mayor Attest: 4Valeric Leone, ity Clerk PAAtmmcyti8AS11 Mew Fi]es12 City of 1Vew Hope1q"S31(Boaoe street prod, 2011)IRewkH'Ga Orden Consttucd n6 oa, approvmgplans euth. bids.doc NOTICE OF PUBLIC HEARING ON PROPOSED INFRASTRUCTURE IMPROVEMENT NO. 883 (Boone Avenue Improvements 2011) City of New Hope, Minnesota 1. Notice is hereby given that the City Council ofthe City ofNew Hope, Minnesota, will meet on March 14, 2011, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereafter. 2. The general nature of the improvement, as described in the January 2011 feasibility report entitled Boone Avenue Improvements 20119 City Project No. 883, prepared by Bonestroo, Engineers for the City, is the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42nd Avenue North to 49h Avenue North. This will require the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main improvements will be limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 will be replaced with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings will be replaced and all storm sewer structures that are constructed of block will be replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers will be replaced with concealed pick hole covers and seals will be added to existing sanitary manhole accesses. Only the street improvements are proposedto be specially assessed. The street improvements will be separated into two parts as described in the January 2011 feasibility report. Part 1 includes the section of Boone Avenue from 42"d to 46d' Avenues North and Part 2 includes the section of Boone Avenue from 46h to 49d' Avenues North. The street reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. There are four tax exempt properties to be assessed for the 2011 Boone Avenue Improvements - Project 883 as follows: Address PID number House of Hope Lutheran Church 07-118-21-42-0036 4800 Boone Avenue 'North New Hope Church EFCA 07-118-21-42-0030 4741 Zealand Avenue North New Hope Church EFCA 18-118-21-21-0106 4217 Boone Avenue North Family Hope Service, Inc. 18-118-21-21-0107 4201 Boone Avenue North 3. The estimated cost of said improvement is $1,292,980.00. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2. above. At the March 14th hearing, a reasonable estimate of the impact of the assessment will be available to the owners of each parcel proposed to be assessed. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 10' day of February, 2011. sl Valerie Leone Valerie Leone, City Clerk 2335 Highway 36 W St Paul, MN 55113 Tel 651.6364WO Fax 651-636-1311 wwwbonestroa.aom * Bonestroo March 8, 2011 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Boone Avenue Improvements — Approve Plans & Specifications Client Project No.: 883 Sonestroo Project No.: 000034-10231-0 Dear Guy: Council authorized the preparation of plans and specifications for the Boone Avenue Improvements at the February 101 meeting. Plans are complete and ready for review. PR03ECT SCOPE The proposed project includes street ano utility improvements on Boone Avenue between 42nd Avenue and 49th Avenue. The work will be split into two part, one part including improvements between 42nd and 46th Avenues, the other between 46th and 491h Avenues. This will allow some flexibility on what improvements are awarded, and therefore controlling the project costs to fit the available budget. ESTIMATED COSTS Improvement 42' — 461 W — 49"' Total Street $383,837 $607,777 $991,614 Water Main $25,340 $72,860 $98,200 Storm Sewer $13,170 $33,080 $46,250 TOTAL $422,3471 $713,717 $1,136,064 REVENUES Proposed revenue sources for the project Include: 4 State Aid Funds Water Main Fund Storm Water Fund Assessments City of New Nope Page 2 Boone Avenue Improvements March 8, 2011 ASSESSMENTS Preliminary rates based on current cost estimates are: Non -Residential Rate = $151.48/FF • Residential Rate = $100.98/FF There are four tax exempt properties within the proposed project area. These properties are shown in the table below along with the corresponding estimated assessment amount: Owner Address FF Prop.Type Assessmt Amt_ House of Hope Luth Church 4800 Boone Ave 260 Non -Res $39,383.55 Crystal Evangelical Free Ch 4741 Zealand Ave 305 Non -Res $46,199.94 New Hope Church EFCA 4217 Boone Ave 260 Non -Res $39,383.55 Family Hope Service, Inc 4201 Boone Ave 185 Non -Res $28,022.91 TOTAL $152,989.96 COST/REVENUE SUMMARY: Im �Fund State Aid Storm Water Water Main Assessments Fund Total Street $838,624 $152,990 $991,614 Storm Water $46,250 Final Completion $46,250 Water Main 1 $98,200 $98,200 Total 1$838,6241 $46,2501 $98,2001 $152,990 $1,136,064 SCHEDULE Approve Plans & Specifications March 14 2011 Authorize Bids March 14 2011 Receive Bids / Award Contract April 25, 2011 Construction May/June 2011 _Start Substantial Completion Fall 2011 Final Completion Summer 2012 Should Council choose to move forward with this project, we recommend approving the plans and authorizing the advertisement for bids at the March 14th meeting. Sincerely, BONESTROO Jason Quisberg, P.E. Associate 651-604-4938 AGENDA ITEM MEMO TO: KIRK MCDONALD FROM: STEVE MCDONALD SUBJECT: WATER PORTION OF BOONE AVENUE INFRASTRUCTURE DATE: 2/9/2011 BACKGROUND At our 1/27/11 finance meeting with the City Manager, we discussed summarizing options to finance the $225,830 water main portion of the Boone Avenue improvement project. Based on discussion with Guy Johnson on 2/2/11 it appears the scope of the project should reduce the needed amount to $155,000. We have summarized three options that could provide resources for the project below: Current cash — as of December 31, 2010, the Water fund has a cash balance of $44,012. A three month working capital and debt service reserve would be approximately $800,000. This fund is not an option since an adequate working capital balance is not in place. Based on the 2011 budget, cash flow from operations is about $430,000 and debt service is $236,000. The difference would add to cash reserves or fund other capital items. We don't think the City should count on using 2011 profit since the reserves are so low. Temporary financing — This fund is estimated to have a reserve of $2.1 million at year end. It has been used to provide resources for other one time projects and unallotment shortfalls over the past year. There are currently four other identified uses for some of these reserves in 2011. The city's 10% portion of the $1.2 million Highway 169 sound wall ($120,000) is scheduled to come out of here in 2021. The 2nd half of the Fire Truck purchase of $626,000 will come out of this fund. The City has already budgeted $88,796 for a General fund transfer and the council may be consider using $25,000 for the Lion's Park project lighting. This would leave a reserve of approximately $1.09 million if all these uses and the Boone avenue funding are approved by council. This fund could provide resources for an interfund loan. Currently there are no future major expenditures anticipated but given the uncertainty of the future State funding of LGA (after 2011) and MVHC (est $330,0000 for 2011), this fund would be a logical choice for any permanent shortfall that couldn't be eliminated through expenditure reductions or revenue increases. A summary of the Temporary Financing balance is listed below. Temporary Project Financing Project Amount Balance Estimated Beginning Balance Planned 2011 Uses Highway 169Soundwall 2nd Half Fire Truck Payment General fund support Potential uses Boone Avenue Water costs Lions -Park Lighting +.. $ 2,,100,000 (120,000); 1,980,000 (626,000) 1,354,000 (88,796}' 1.,2615,20-4- ,265,204(155,000); (155,000); 1,110,204 ( 25,000) 1,095,204 ; a Bonding — Currently, the City has bonds outstanding in the water fund of $1.58 million. The annual debt service costs for the next 4 years will be $236,614 to approximately $300 thousand. Debt service will be about 81/6 of revenue. Financing the $155,000 for the Boone Avenue Infrastructure project through bonds would not be cost effective but packaging this amount with the $1.6 million projected costs for the 2011 Street Project would be appropriate given the size of the issue. If the project is approved and bonding is considered acceptable by council, we believe that financing the $155,000 water costs with the $1.6 million 2011 Street Infrastructure project would be the most efficient and cost effective route. Repayment would occur thru rates in the water fund. Since 2010 was the first year the water and sewer fund were separated we do not have the history to evaluate cash flow in the water alone. This evaluation will be done in 2011 and will consider if rates are sufficient to provide for operations and the current debt service. 2 M A?NGEfx' MW noumy PARK SflENCE ~- J LEGEND: i I i t• PART 1(42ND AVE. TO 46TH AVE.) PART 2 (46TH AVE. TO 49TH AVE.) ' �� 1,��� �,���►�.r�� 1111111 ■����1�� ��!��� 11 111 C[xF HW!E v FUGii 5CY.'S6. 'm uMEMN rY.lim PROJECT LOCATION iii i■i iiiiiii pyo 4 A N ffNT.l Er. x rsx sxx� 4R�Y Kwx AVE N �FI r"CXk. V V /moiLs YMCA OI 0 900 800 a� FlorWMI Scale In Feet PROJECT LOCATION CITY OF NEW HOPE, MINNESOTA FIGURE. 1R Bonestmo BOONE AVENUE IMPROVEMENTS 1:134\34102310%W\PWG134102310ZFDOIR.DWG DATE: 2/8/11 CDW 34-10231-0 X SECTION 00 1113 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Friday, April 15, 2011, 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: 11gone AvenueImprovementg, CityP` ct No. 883 In general, Work consists of the following approximate quantities: 3,800 LF Street Reclaim and Pave 2,900 CY Common Excavation, off-site 2,000 LF Spot Replacement of Qirb and Gutter and Walk 70 LF DIP Water Main Replacement 13 EA Hydrant, Valves, and Fittings Replacement 6 EA Storm Sewer Structure Replacement 1,000 SY Sodding 9,250 LF Striping, incl. pavement marking 1 LS Loop Detector Replacement Bidding Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Room link) for a fee of $75 (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 $75. 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 Chad Davison at (651) 604-4913. 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. Minimum wage rates to be paid by the Contractors have been predetermined and are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. 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 ® 2011 Sonestroo1000034-10231.0 ADVERTISEMENT FOR BIDS 001113-1 STATE OF MINNESOTA COUNTY OF HENNEPIN SECTION 00 1113 ADVERTISEMENT FOR. BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Han at 4401 xylan Avenue North, until 10 A.M., CD% Friday, April 16, 2011, 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: Bone Azenue LraVXQYfflWAt& ok ftWect No. 883 In general, Work consists of the following approximate quantities: 3,800 LF Street Reclaim and Pave 2,900 CY Common Ezeavation, off -Site 2,000 LF Spot Replacement of Curb and Gutter and Walk 70 LF DIP Water Main Replace- ment 13 KA Hydrant, Valves, and Fit- tings Replacement 6 EA Storm Sewer Structure Re- - 1,000 BY Sodding 9,250 LF Striping, inel. pavement marling 1 LS Loop Detector Replacement Bidding Documents may he pur- chased by credit card at www bonestroe.com (follow the Plan Room link) for a fee of $75 (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 Bonest000, 2836 Highway 36 west, St. Paul, MN 55113, (651) 636-4600 with a check for a fee of $75. Bidding Documents may he viewed at the office of the City of New Hope and at the Issuing Offica. Direct inquiries to Engineer's Project Manager Chad Davison at (651)604-4913. Bid Security in the Amount of 5 percent of the amount of the Bid must accompany each Bid in accord- ance with the Instructions to Bid- ders. 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 Aids may be withdrawn for a period of 60 days atter the date and time set for the Opening of Bids. Minimum wage rates to be paid by the Contractors have been predeter- mined and are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. The Owner reserves the right to reject any and all Bids, to waive ir- regularities and informalities there- in, and further reserves the right to award the Contract to the best in- terests of the Owner. KIRK McDONALD, City Manager City of New Hope, Minnesota (Published in Finance and Commerce March 18, 24, 2011) 22272910 AFFIDAVIT OF PUBLICATION _ Carrie Retzack r , being duly sworn on oath say shelhe is (55. and during all times herein stated has been the publisher or the publisher's designated agent in charge of the newspaper known as 0-010� I D!;t and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualifications as a legal newspaper, as provided by Minnesota Statute 331A.02, and 331A.07, and other appli- cable laws, as amended. (B) She/He further states on oath that the printed Construction Bids - MN 2227290 hereto attached as part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language; that it was first so published on March 18, 2011 _ -- - for _ 2 _ _ . _ times(s); the subsequent dates of publications hcill8 as follows: Thursday, 03/24/2011 And that the following is a printed copy of the Iowa case alphabet from A to Z, both inclu- sive, and is hereby acknowledged as being the size and kind of type used in the composi- tion and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz _ X abcdefghi kI—opgrstuvwz yz Subscribed and ; / Sworn to before me this 24th day of _ March, 2011 (Notarial SbOT — NotaryPp6lic, Honepin County, Minnesota SHAWAIA RHEA SCHMITZ Notary Publlo-MJnnt�sota My Commlestwti P, om Jan 81.2016 RATR D;FOM IATION: Lowest classified rate paid by commercial users for comparable space: Maximum rate allowed by law for the above matter: 3. hate actually charged for the above matter: 16.00000 1.41034 1.28213 SECTION 00 1118 SECTION 00 11 13 ADVERTISEMENT ADVERT FOR BIDS FOR BMS Sealed Bids will be received by the Sealed Bids will be received by the City of New Hope, Minnesota, in the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue City Hall at 4401 ']Won Avenue North, until 10 A.M., CDT, Friday, North, until 10 A -M., CDT, Friday, April 15, 2011, at which time they April 15, 2011, at which time they will be publicly opened and read will be publicly opened and read aloud for the furnishing of all labor, aloud for the furnishing of all labor, materials, and all else necessary for materials, and all else necessary for the following: Boone Avenue imnrovementa. the following: Boone Avenue Imumvementa CCW Project No. 683 In general, Work consists of the CityProject No. 883 In general, Work consists of the following approximate quantities: following approximate quantities: 3,800 LF Street Reelaim and Pave 3,800 LF Street Reclaim and Pave 2,900 CY Common Excavation, 2,900 CY Common Excavation, offsite off-site 2,000 LF Spot Replacement of 2,000 LF Spot Replacement of Curb and Gutter and Walk Curb and Gutter and Walk 70 LF DIP Water Main Replace- 70 LF DIP Water Main Replace- ment went 13 EA Hydrant, Valves, and Fit- 13 EA Hydrant, Valves, and Fit- tingsReplacement mSeewer tin Replacement EA Storm 6 EA Storm Structure Re- 6 Sewer Structure Re- placement placement 1,000 SY Sodding 1,000 SY Sodding 9,250 LF Striping, incl. pavement 9,250 LF Striping, incl. pavement marking —king 1 LS Loop Detector Replacement 1 LS Loop Detector Replacement Bidding Documents mey be pur- Bidding Documents may be pur- unchased chasedby credit card at chased by credit card at www.bonestrw.com www.b6niotroo.com (follow the Plan Room link) for a fee (follow the Plan Room link) for a fee of $75 (for a paper copy), or a fee of of $75 (for a paper copy), or a fee of $20 (for a download.digital copy). $20 (for a download digital copy). Bidders may purchase a paper copy Bidders may purchase a paper copy of the Bidding Documents from the of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Issuing Office of Bonestroo, 2335 Highway 36 ' West, St. Paul, MN Highway 36 West, 8t, Paul, MN 65113, (661) 636-4600 with a check 56118, (661) 636-46M with a check for a fee of $75. Bidding Documents for a fee of $75. Bidding Documents may be viewed at the office of the may be viewed at.the office of the City of New Hope and at the Issuing City of New Hope and at the Issuing Office. Direct inquiries to Engineer's Office. Direct inquiries to Engineer's Project Manager Chad Davison at Project Manager Chad Davison at (651)604-4913. (661) 604-4913. Bid Security in the amount of 5 Bid Security in the amount of 5 percent of the amount of the Bid percent of the amount of the Bid must accompany each.Bid in accord- must accompany each Bid in accord- ance with the Instructions to Bid- ance with the Instructions to Bid- ders. ders. The Owner reserves the right to The Owner reserves the right to retain the deposits of the 3 lowest retain the deposits of the 3 lowest Bidders for a period not to exceed 60 Bidders for a period not to exceed 60 days after the date and time set for days after the date and time set for the Opening of Bids. No Bids may the Opening of Bids. No Bids may be withdrawn for a period of 60 days be withdrawn for a prod of 60 days after the date and time set for the after the date and time set for the Opening of Bids. Opening of Bids. Minimum wage rates to be paid by Minimum wage rates to be paid by the Contractors have been predeter- the Contractors have been predeter- mined and are subject to the Work mined and are subject to the Work Hours Act of 1962, P.L. 87-681 and Hours Act of 1962, P.L. 87-581 and implementing regulations, implementing regulations. The Owner reserves the right to The Owner reserves the right to reject any and all Bids, to waive ir- reject any and all Bide, to waive ir- regularities and informalities there- regularities and informalities there- in, and fiuther reserves the right to in, and further reserves the right to award the Contract to the best iii- award the Contract to the best in- terests of the Owner. terests of the Owner. KIRK McDONALD, KIRK McDONALD, Cit, Manager City Manager City of New Hope, Minnesota City of New Hope, Minnesota (Published in (Published in Finance and Commerce Finance and Commerce March 18, 24, 2011) March 18, 24, 2011) 22272910 22272910 City of New Hope (Official Publication) NOTICE OF PUBLIC HEARING ON PROPOSED INFRASTRUCTURE IMPROVEMENT NO. 883 (Boone Avenue Improvements 2011) City of New Hope, Minnesota ne pwri Notice is hereby given 11, the 7: City Council of the City of New Hope, Avenue Minnesota, will �1i���I meet on March 14, 2011, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, In said City for the purpose of holding a public hearing on a proposed street and Infra - AFFIDAVIT OF PUBLICATION structure improvement as described hereafter. STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun -Post and has full knowledge of the facts Stated below; (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for two successive week(s); it was first published on Thurs- day, the 3 day of March 2011, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the 10 day of March 2011; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghij klmnopgrstuvwxyz The general nature of the improvement, as described in the January 2011 Ileasib& ty report entitled ftne Avenue Improvements 2011. City Project No. 883, prepared by Bonestroo, Engineers for the City, is the reclamation and replacement 9f the en- tire bituminous surfacing of the Boone Avenue North roadway from 42n Avenue North to 49 Avenue North.This will require the removat of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main Improvements will be limited to removing and replacing exist - Ing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for Improve- ment In 2015 will be replaced with ductile Iron pipe to the right-of-way, Further, non - city standard storm sewer catch basin castings will be replaced and all storm sewer structures that are constructed of block will be replaced with pre -cast concrete struc- tures. Finally, all non -conforming open pick hole sanitary sewer manhole covers will be replaced with concealed pick hole covers and seals will be added to existing san- itary manhole accesses. Only the street Improvements are proposed to be specially assessed. The street improvements will be separated into two parts as described In the jpnuaryth2011lessibility report. Part 1 includes the section of Boone Avenue from 42n to 44e Avenues North and Part 2 includes the section of Boone Avenue from 48th to 49 Avenues North. The street reconsbuction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to Its Street Fund for street pro- facts. nrfacts. Therefore only properties exempt from teal estate farces are specially assessed for the cost of street improvements according to the City's special assessment poli- cy. There are four tax exempt properties to be assessed for the 2011 Boone Avenue Improvements - Project 883 as follows: Address PID number House of Hope Lutheran Church 4800 Boone Avenue North 07-116-21.42-0036 New Hope Church EFCA 4741 Zealand Avenue North 07-118-21.42.0030 New Hope Church EFCA 4217 Boone Avenue North 18-118.21-21-0106 Family Hope Service, Inc. 4201 Boone Avenue North 18-118-21-21-0107 The estimated cost of said improvement is $1,292,980.00 The area proposed to be assessed for the making of said Improvement shall Include the premises described in paragraph 2. above. At the March 14th hearing, a reason- able estimate of the impact of the assessment will be available to the owners of each parcel proposed to be assessed. All persons Interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said lmprovemerI . Dated the 14th day of March, 2011. /s/valerie Leone, City Clerk (March 3, 10, 2011) P2 Boone Ave Improvements BY: CFO Subscribed and sworn to or affirmed before me on this 10 day of March 2011. Notary Public JULIA I HELKENN i� NOTARY PUBLIC - MINNESOTA M MV Cams. Expires Jnn. 31. 2075 COUNCIL Request for Action 4 Originating Department Approved for Agenda Agenda Section Public Works April 25, 2011 Development and Planning Item No. By: Guy Johnson I By: Kirk McDonald, City Manager 8.1 Resolution awarding contract for construction of Boone Avenue infrastructure to Northwest Asphalt Inc. for $666,952.20 (improvement project no. 883) Requested Action Staff requests approval of a resolution awarding a contract for construction of improvements to Boone Avenue to the low and responsible bidder, Northwest Asphalt Inc., in the amount of $666,952.20. The engineer's preliminary construction estimate was $840,000. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background On November 8, 2010, after discussing the city's state aid construction fund account balance and the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure, Council authorized the preparation of a feasibility report for a proposed infrastructure project for Boone Avenue. On January 24, 2011, the feasibility report was presented and accepted by the Council. On February 14, 2011, Council set the project's public hearing for March 14, 2011, and authorized the preparation of plans and specifications. Council also directed staff to notify House of Hope Lutheran Church, Family Hope Services, and New Hope Church, utilizing Assessment Role A. The city clerk has notified the property owners regarding the proposed assessment project and notified their representatives of this hearing. On March 14, 2011, Council approved plans and specifications, and ordered advertisement for bids Motion by Second by J-tl-b I To: a 011— 73 I:RFAIPubworks\2011\883 Boone Ave. Project Award Contract Request for Action April 25, 2011 Page 2 In order to reduce the utility infrastructure expenditures, the scope of the project was reduced and the proposed project is for the 42nd Avenue to 49th Avenue portion of Boone Avenue. Based on the cost estimates for this portion of Boone Avenue, the city will not be involved with the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure for 2011 or 2012. Improvements for the portion of Boone Avenue from 49th Avenue to Bass Lake Road will be considered in the future as part of the city's street management plan for 2013. The proposed 2011 Boone Avenue improvement project would involve street surface reclamation, spot curb and sidewalk replacement, and spot utility infrastructure work between 42nd Avenue and 49th Avenue. The proposed project schedule is: • Review bids and award contract on April 25, 2011 • Start construction in May 2011 Funding Bids were received from eight firms on April 15, 2011, with the low bidder being Northwest Asphalt Inc., at $666,952.20. The breakdown of estimated revenue sources for the construction cost of the Winnetka Avenue infrastructure improvement project is: • State Aid $522,528.20 • Proposed assessment amount $94,435.00 • Water fund $49.989.00* Total estimate revenue for contract $666,952.20 * Potential debt issuance option/AEM memorandum attached Attachments The engineer's memorandum, a copy of the bid tabulations, the resolution awarding the contract, and a copy of the February 9, 2011, memorandum from Steve McDonald (AEM) is attached. I:RFA\Pubworks\2011\883 Boone Ave. Project Award Contract City of New Hope RESOLUTION NO. 11- 73 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT NO. 883 (Boone Avenue Improvements 2011) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of the Boone Avenue Improvements 2011 Infrastructure Project No. 883 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 10:00 a.m. on the 15`' day of April, 2011, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope -Golden Valley Sun -Post, the official newspaper of the City, on the 24`h day of March, 2011, and in Finance & Commerce on the 18a' and 24th days of March, 2011. 3. It is hereby found and determined by this Council that the bid ofNorthwest Asphalt Inc. for the construction of said project in the amount of $666,952.20 is the lowest responsible bid submitted for the construction of said irnprovement; that Bonestroo, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the City Council this 25'h day of April, 2011. Kathi Hemken, Mayor Attest: f Valerie Leone, CityClerk F:IAttorWSAS1] Mid Files52 City of New Hope199-68831(Boaae meet proj. 201!)UtmoLroan Awarding Contrad.doc —1— 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-+600 Fax 651.-636-:1311 www.bonestrvo,com April 18, 2011 Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: Boone Avenue Improvements Project City Project No. 883 Project No. 000034-10231-0 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on Friday, April 15, 2011. 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 eight Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Northwest Asphalt, Inc. with a Total Base Bid Amount of $666,952.20. This compares to the Engineer's Estimate of $840,000. 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 Northwest Asphalt, Inc. should be awarded the Project on the Total Base Bid Amount of $666,952.20. Should you have any questions, please feel fns to contact me at (651) 604-4938. Sincerely, BONESTROO Jason P. Quisberg, P.E. Enclosure Cantracior Total Baste am Low Northwest Asphalt, Inc. $666,952.20 #2 Minnesota Roadways Company $695,564.88 #3 Asphalt Surface Technologies Corporation $702,690.05 #4 North Valley, Inc. $702,721.73 #5 Hardrives, Inc. 4706,465.02 #6 Bituminous Roadways, Inc. $796,341.44 #7 C.S. McCrossan, Inc. $819,288.50 #8 Midwest Asphalt Corporation $853,305.73 The low Bidder on the Project was Northwest Asphalt, Inc. with a Total Base Bid Amount of $666,952.20. This compares to the Engineer's Estimate of $840,000. 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 Northwest Asphalt, Inc. should be awarded the Project on the Total Base Bid Amount of $666,952.20. Should you have any questions, please feel fns to contact me at (651) 604-4938. Sincerely, BONESTROO Jason P. Quisberg, P.E. Enclosure 4 F I 88882sa8 �88vQ8�88p8pSP88pp88888888Qm8888Q�8{p �Q8 8 {p8y 8 p®8E �$S8 V�O19Y-�ry00 o 2��~3l Ill �{O� �r��N�+MI PN51� Yf V1 Rf O�I�pQ Q�i f�7 ca �p r1 IPI 1 9 j gs'no� N iRpp NNN i�I MM i�R IFN NVr i�Y�F 1RY~FN i�IF7A N iR Yi V� SF tlFiR tlF $pO $ R. -I 6N a84l� 28Mtlf M N g5�V'I qIll ,IP1 1 `i 8� 8� 8� 5O -1M� U�'9I��1 � 8� 8 N V m m Il4N WfnVF q*NWIL Wit N N Yk Mh rl �T (� ryry �lyy ! 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O m L 4O� ID 40 1�.1 ap�ppp !�1 X01 N N OI IO1 N N �O `fir N eigWLtt z AGENDA ITEM MEMO TO: KIRK MCDONALD FROM: STEVE MCDONALD SUBJECT: WATER PORTION OF BOONE AVENUE INFRASTRUCTURE DATE: 2/9/2011 BACKGROUND At our 1/27/11 finance meeting with the City Manager, we discussed summarizing options to finance the $225,830 water main portion of the Boone Avenue improvement project. Based on discussion with Guy Johnson on 2/2/11 it appears the scope of the project should reduce the needed amount to $155,000. We have summarized three options that could provide resources for the project below: • Current cash -- as of December 31, 2010, the Water fund has a cash balance of $44,012. A three month working capital and debt service reserve would be approximately $800,000. This fund is not an option since an adequate working capital balance is not in place. Based on the 2011 budget, cash flow from operations is about $430,000 and debt service is $236,000. The difference would add to cash reserves or fund other capital items. We don't think the City should count on using 2011 profit since the reserves are so low. • Temporary financing — This fund is estimated to have a reserve of $2.1 million at year end. It has been used to provide resources for other one time projects and unallotment shortfalls over the past year. There are currently four other identified uses for some of these reserves in 2011. The city's 10% portion of the $1.2 million Highway 269 sound wall ($120,000) is scheduled to come out of here in 2011. The 2-d half of the Fire Truck purchase of $626,000 will come out of this fund. The City has already budgeted $136,019 for a General fund transfer and the council may be consider using $25,000 for the Lion's Park project lighting. This would leave a reserve of approximately $1.09 million if all these uses and the Boone avenue funding are approved by council. This fund could provide resources for an interfund loan. Currently there are no future major expenditures anticipated but given the uncertainty of the future State funding of LGA (after 2011) and MVHC (est $330,0000 for 2011), this fund would be a logical choice for any permanent shortfall that couldn't be eliminated through expenditure reductions or revenue increases. A summary of the Temporary Financing balance is listed below. Temporary Project Financing Project Amount Balance Estimated Beginning Balance Planned 2011 Uses Highway 169 Soundwall 2nd Half Fire Truck Payment _... ...... ............. General fund support Potential uses Boone Avenue Water costs Lions Park Lighting $ 2,100,000 (120,000) 11980,000 (626,000) ............. -------- 1,354,000 _.. ..65,204 �88,796} 1, 2 (155, 000) 1,110, 204 ( 25,000) 1,085,204 • Bonding — Currently, the City has bonds outstanding in the water fund of $1.58 million. The annual debt service costs for the next 4 years will be $236,614 to approximately $300 thousand. Debt service will be about 8% of revenue. Financing the $155,000 for the Boone Avenue Infrastructure project through bonds would not be cost effective but packaging this amount with the $1.6 million projected costs for the 2011 Street Project would be appropriate given the size of the issue. If the project is approved and bonding is considered acceptable by council, we believe that financing the $155,000 water costs with the $1.6 million 2011 Street Infrastructure project would be the most efficient and cost effective route. Repayment would occur thru rates in the water fund. Since 2010 was the first year the water and sewer fund were separated we do not have the history to evaluate cash flow in the water alone. This evaluation will be done in 2011 and will consider if rates are sufficient to provide for operations and the current debt service. 2 ,4 �® CERTIFICATE OF LIABILITY INSURANCE 5%4%20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomement(s). PRODUCER Cedarleaf, Cedarleaf & Cedarleaf, Inc. 360 Larpenteur Avenue West Suite 100 St. Paul NIN 55113 CONTACT Loretta Fleischhacker NAME: PHONE (651)488-6666 FAX (NQ No:(651)488-9932 E,MAIL $;Zf@cetiarleaf.com PRODUCER 00001558 INSURERS) AFFORDING COVERAGE NAICN INSURED Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee NIN 55379-9024 INSURERA:The Builders Group INSURER B; INSURER C INSURER D: INSURERE.- ; INSURER F: COVERAGES CERTIFICATE NUMBER:10/11 WC REVISION NUMBER: THIS lS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDL INR SUBR POLICY NUMBER POLICY EFF MMIDDrrfYY) POLICY EXP IMMIM= LIMITS AUT}IORIZEDREPRESENTATIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR Willie Kulig/TR ( EACH OCCURRENCE $ UMNItU $ MED EXP LAny one arson $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: RO LOC POLICY PRO- JECT PRODUCTS-COMPIOP AGG $ $ COMBINED SINGLE LIMIT (Ea Rcddent) $ AUTOMOBILE LIABILITY I ANY AUTO I I ALL OWNED AUTOS SCHEDULEDAUT'OS HIRED AUTOS NON,OWNED AUTOS _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Par accident) $ UMBRELLA LIAR EXCESS LIAO OCCUR I CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION S $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNERIDCECUTIVE ❑ CFFICERIMEMBEREXCLUDED7 (Mandatory In NH) yyes, describe under 'O DESCR]PTfON OF OPERATIONS below NIA 3-0001363 1 12/1/2010 2/1/2011 8 WCSTATU- OTH E, r-. EACH ACCIDENT $ 1,000,000 E,'. DISEASE - EA EMPLOYE $ 1 000 0 DO E.L. DISEASE -POLICY LIMIT $ 1 000 000 DESCRIPMON OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Addidonel Remarks Schedule, If mon gmce Is required) Project: Boone Avenue Improvements, CP 883, New Hope, M. C_FRTIFIrATF HAI nFR CANCELLATION ACORD 25 (2009109) ®1988-2009 ACORD CORPORATION, All rights reserved. INS025 (2coges, The ACORD name and logo are r'eglstered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of New Hope 4401 Xylon Avenue North AUT}IORIZEDREPRESENTATIVE New Hope, NIN 55428 Willie Kulig/TR ACORD 25 (2009109) ®1988-2009 ACORD CORPORATION, All rights reserved. INS025 (2coges, The ACORD name and logo are r'eglstered marks of ACORD 2335 Highway 36 W St. Paul, Mfg 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com May 2, 2011 Mr. Lance Guentzel Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 Re: City of New Hope, Minnesota Boone Avenue Improvements Project City Project No. 883 Project No. 34-10231-0 Notice of Award/Contract Documents Dear Mr. Guentzel: You are notified that your Bid dated April 15, 2011, for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $666,952.20 for the 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 61 13.13 Performance Bond, and Document 00 61 13.16 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: Steve Sondrall Jensen, Swanson & Sondrall, P.A. 8525 Edlnbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1999 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Northwest Asphalt, Inc. (1 - your file, 1- your bond company) 1 copy City of New Hope, Attention: Kirk McDonald 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: Kirk McDonald, City of New Hope Steve Sondrall, City Attorney May 2, 2011 Mr. Lance Guentzel Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 Re: City of New Hope, Minnesota Boone Avenue Improvements Project City Project No. 883 Project No. 34-10231-0 Notice of Award/Contract Documents Dear Mr. Guentzel: 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 MAY0 4 Zoll www.bonestroomm Bonestroo You are notified that your Bid dated April 15, 2011, for the above-reterencea Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $666,952.20 for the 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 61 13.13 Performance Bond, and Document 00 6113.16 Payment Bond. The insurance and indemnity uirements shall be provided. After the bonding company has completed the Contract Die �, rward em to theaarney listed below who will review them for the City of New Steve Sondrall Jensen, Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1999 the necessary officials have si a Contracts, the City will distribute the Contracts as follows: 2 cops Northwest Asphalt, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Kirk McDonald 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: Kirk McDonald, City of New Hope Steve Sondrall, City Attorney AMANDA M. FuRTH GORDON L. JENSEN' ADAM J. KAuFMAN MELANIE P.PERSELLIN"' STEPHEN M. RINGQUIST3 STEVEN A.SONDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 2Admitted in Iowa JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law May 14, 2011 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Boone Avenue Improvements City Project No.: 883 Our File No.: 99.10030 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 writer's e-mail - sas@jspatiorneys.com personal delivery Enclosed please find four copies of the contract, the insurance certificates and performance and payment bonds for the referenced project received from Northwest Asphalt, Inc. All are in order from a legal standpoint. I will deliver them to you for signatures by the Mayor and Manager on Tuesday May 17`6. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: Guy Johnson, Public Works Director Jason Quisberg, City Engineer P;IAttorney1SA811 ClientFilesl2 City of New HapeW9-10030 (Public Works Scneral)ILeona 4 2010 Boone Avenue Imp.(883).doe eNl May 19, 2011 Mr. Lance Guentzel Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 SUBJECT; Boone Avenue improvements - Project No. 883 At its meeting of April 25, 2011, the New Hope City Council approved the contract with your company for project no. 883 for $666,952.20. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Jason Quisberg at Bonestroo at 651-604-4938 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Guy Johnson, director of public works Jason Quisberg, city engineer CITY OF NEW HOPE 4401 Xylon Avenue North * New Hope, Minnesota 55428-4898 * www. ci.new-hope.mn.us City Hall: 763-531-5100 * Police (non -emergency): 763-531-5170 * Public Works: 763-592-6777 * TDD: 763-531-5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 72917 CERTIFICATE OF LIABILITY °" INSURANCE 5/4/201;"Y"` THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - (952) 830-3000 CONTACT Rachael Cramond NAME: Wells Fargo Insurance Services USA, Inc. 4300 MarketPolnte Drive, Suite 600 PHONENo, ExtI, 952-563-0512 ac No: 952-563-9512 E-MAIL ADDR ESSO MED EXP oneperson.) $ 5,000 Bloomington, MN 55435-5455 INSURERS AFFORDING COVERAGE NAIC N INSURERA: General Casualty Insurance Company 18821 INSURED Northwest Asphalt, Inc. INSURER B; INSURER C: 1451 Stagecoach Road INSURER D: LIABILITY AUTO ALL OWNED SCHEDULED AUTOS AUTOSHIRED AUTOS X NON -OWNED AUTOS INSURER E: Shakopee, MN 55379 INSURER F COVERAGES CERTIFICATE NUMBER: Yr10400 REVISION NUMBER- coo her.,,.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AINSR DD UBR POLICY NUMBER MMID� EFF MMIDDI EXP YYn LIMITS A GENERAL LIABILITY j( COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I x • OCCUR CCID504038 12/01/10 12/01/11 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES os $ 300,000 MED EXP oneperson.) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT' APPLIES PER: PRO- X LOC POLICY EXII PRODUCTS- COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE IxANY LIABILITY AUTO ALL OWNED SCHEDULED AUTOS AUTOSHIRED AUTOS X NON -OWNED AUTOS CBA0504036 12!01110 g 12/01/11 EaMaccideenntSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Par accident A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CCU05j04037 12/01/10 12/01/11 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIAB1LRY Y I N ANY PROPRIETORIPARTNERIEXECUTIVEE.L. OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A , 1M1tC STATU- 0TH - EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYE $ E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE:Bocne Ave Improvements- CP NO. 883, New Hope, MN The Certificate Halder, Engineer and Owner are additional Insured with respect to General Liability on a primarylnoncontfibutory basis as required by contract. I C rlvLu=m Clty of New Hope 4401 Xylon Ave North New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ne m;,urtu name ana logo are reglatereO marKS Or ACORD 9 1955-2U I 0 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) . lis.� l ® CERTIFICATE OF LIABILITY INSURANCE L DIDDIYYYY, 5/14/24/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Cedarleaf, Cedarleaf & Cedarleaf, Inc. 360 Larpenteur Avenue West Suite 100 St. Paul Mia 55113 CONTACT Loretta Fleischhacker NAME: PHONE . (651)488-6666 FAX Not: (6511488-99 AD RIESS:lf@cedarleaf . Com PRODUCER-CUSIF00001558 INSURER Si AFFORDING COVERAGE NAIC S INSURED Northwest Asphalt, Inc. 145. Stagecoach Road Shakopee MN 55379-9024 INsuRERA:The Builders Grou INSURER 13: INSURER C , INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:10/11 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR _ TYPE OF INSU_ RANCEPOLICY -� ADDL UBR NUMBER i POLICY EFF rMMIDONYYYJ POLICY EXP IMMIDDIYYYY)LIMITS EACH OCCURRENCE $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY I DAMAGE TO REN 11:10 PREMISES Ea occurrence) $ MED EXP (Any one person) S CLAIMS -MADE 17 OCCUR PERSONAL BAOV INJURY $ GENERAL AGGREGATE $ i li{ GEN'LAGGREGATELIMIT APPLIES PER: [PRODUCTS -CON.P/OPAGG $ POLICY �� EC LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea aCCtdeflt) ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS I PROPERTY DAMAGE $ (Per accident) $ NON -OWNED AUTOS i $ I UMBRELLA LIAB HOCCUR i EACH OCCURRENCE $ AGGREGATE $ LIAB CLAIMS -MADE DEDUCTIBLE $ $ -2EXCESS RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N 3-0001363 12/1/2010 2/1/2011 X WCSTATU- OTH- I FIR E.L. EACH ACCME NT $ 1.000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED' ❑ NIA I E.L. DISEASE - EA E PLOYEE 1,000,000 (Mandatory In NH) Ifyyes describe under DeeOF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1_n00,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aflach ACORD 101, Additional Remarks Schedule, If more apace k required) Project: Boone Avenue Improvements, CP 883, Now Hope, NN. City of Now Hope 4401 Xylon Avenue North New Hope, NIN 55428 ACORD 26 (2009109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ifulig/TR ® 9988-2009 ACORD CORPORATION_ All rinhhr roaprvarl INGO25 (200909) 111116 AGORD name and logo are registered marks of ACORD PERFORMANCE BUND Any singular reference to Coalt actor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 OWNM (Name and Address): City of New Hope City Hall - 4401 Xylon Avenue North New Hope, MN 55428 Western Surety Company 333 S. Wabash Ave Chicago, IL 60604 CONTRACT Date: May 4, 2011 AMOUnt ($666,932.20 ) Six Hundred Sixty Six Thousand Nine Hundred Fifty Two Dollars and 201100 Description (Name and Location): Boone Avenue Improvements - municipal utility and street improvements -- New Hope, MN. BOND Bond Number: 929 526 272 Date (Not earlier filen Contract Date): May 5, 2011 Amount ($666,952.20 ) Six Hundred Sixty Six Thousand Nine Hundred Fifty Two Dollars and 201100 Modifications to this Bond Farm: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the revem side hereof, do each cause this Pmformmoc Bond to be duly executed on its behalf by its authorized officer, agent, or representative: CON��TuRmmA�pCTOR AS PRINCIPAL Northwest Asphalt, Inc. Signature: 3 (Seal) Name and Title: Michael B. President (Space is provided below fbr signatures Parties, if'require&) CONTRACTOR AS PRINCIPAL ComPar. Signature: Name and Title: (Seal) SURETY Western Surety Company -_ (Seal) Surety's Nam and Corporate:rat AON tf — By: i r Y t (Attach Power Attest: Signature and Tide Todd Kelsey Account Rep SURETY Surety's Name and Corporate Seal Br Signature and Title (Attach Power of Attorney) Attest Signature and Tide: (Scal) FJCDC No. 0410 (2M $Rion) OrVnaft prepared thnegh the joint efforts of the Savoy Association of America, EnSineers Joliet Contract Decameats Commltte% the Associated General Cnrtractors of America, and the American Iatdttate of Arehhecm I. Contractor and Surety, jointly and severally, bind dwtm selves, their Leics, exeeintos, sdminislrlas, succmom, tad aw4m sD Owner tiny the pw fw.. of me Contract, which is ineoporated back by refierraoa 2. If Contractor pertbrms in C mack Surely aced Contractor have no aftson under this Bond, 0=0 to portioipole in ombreaces so paavided in Poragrapk 3.1. 3. if fta is no ONN Dab* Swety's obliption ander this Bond Ad arise after. 3.1. Owner las notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is cosnidahts declaring a Ceohacsor Debult and Las wed and atterupw to wT=p a coafkaumae wilt Contractor and &Kety to be held not beer than 15 days ager nwfpt of such notice to diaaes mad mde of per>lamsiag me Contract, If Owner, Contractor and &acty agree, C aractor shall be allowed a tasrasble titin to PAam As Contract, but rxh an agreesrant sball we waive Owner's rigfrt, if any. sutasagwhenellrtodeclare a Contractor Doha%, and 3.2. Owner has deelsrod a Canttactor DdMk sad iNmally terminated Condadors r q tat to oompfete the CotameL Sudo Contractor Deidt doll not be decLwed sariier than 20 days after Contactor and Sroe ty have received rtatia as provided m Paragraph 3.1; wA 3.3. Owner has agreed Repay the Balance, ofine Contract Prica to: 1. Surety i, acconlo oa whit the two of the Contract, 2. Anodwr msmacnr selected pas mMW tD Paspaph 4.3 to perform the Contram 4 When Owner has satisfied dw aondidaro of Patfgaaph 3, Surety shall promptly and at swetyh mqmac take oro ofrhe Following actions: 4.1. Affangs fbr CoubWor. wilt eommt of Owner, to perform and caeplsle me Cooaact; or 4.2. Uadmwlz to p s tome and complete the Centrad itself, it, a" or through odepmtdont comrsam; or 43. Obtain bide or negotiated proposals frasn quaUfted contractor acceptable to Owner hr a samI -P mr pe horror ee and conviction of do Comm& strange 16r a contract to be pas; , flu execution by Owren and Cantrsetar +elected with Owners om ommum to be soured with peelbrmance and payment beds executed by a qualllled runty a dvalet to me bonds lowed an the Contract, and pay to Owner the mum of damages us donaxibed in PasgrapL 6 in own of the BrWnea of ale COMM Prim incurred by Owner resulting ftom Contractor Dem or 4A. Waive iter TWTO p"M ad comploW wrop for ocmpladcn, or obtain a naw contractor and with rummu ble prriptruers wider the cinarnemneea: I. Atter bvahgaticn, determine the aaeonat hr which it maybe liable to Owner =4 as once as practicable mer the amount is delved, Wider pagamaat theelbr to Owner; or Deny liability in wbols or in part amid notify owner citing raueos diord n S. ff Surety dna cwt PIC eaeed es provided in Paragraph 4 with reasonable prompiums, Sweiy shall be deemed to be in def m1t an lhis Bad 15 days after meipe of on asddibo al w nttm notice from Owner to Surety demsaaflag flat Surety parrmm as obligations under this Bald, and Owner shall be endifed to anfarea any remedy available to Owner. if Sm" ptoaads at provided fit Pmogrpb 4.4, and Owner rsfew ms poynronttondeed a Suteeyher dsoied%ibiift ii whole or in part, whom falhw nota Ovmer+ball be cobdedio a dme any remedy rmW&le to Owner. 6. After Owner has kmm3oled Canttactm% right to oomPk to The Castracb and if Surely elects to an under PatWVh 4.1, 42. or 4.9 above~ then lite s wpaon s of Sanely to Owner shall not be greater than dine of Comrador under do Con to % and ala'=Ponsi'itiea of Owner m Suraty dml trot be peeler than most wfowner mi&, the Contract To a limit of the surdma of thio Had, but pAject to commilmmt by Owner of the Balance of rho Contract Edon to midpons of com and dwoW on the Contract, Barely is abliptrld without duplication for 6.1. The sesPonsThiiidee of Coutaattror fbr ewrreceiaa of def otM Wart and eompldion of the Coaase% 6.2. Additional legal, design psohnsioeal, and ddq coals reeuhting firm Cattiodurls Dollina, and tmuhiag from rite aaaioos or loibre to ant of Stacey wader Paapaph 4; and 6.3. Liquidated demalm or if no liquidated daetalp act: spe+dCaad in me Contmtk actual damages caned by delayed pafosrawaee or m n- perfotmmee ofCoatraetor. 7. Surety dull not be Noble to Owner w others for obliptions of Contractor that are unrelated to Qts Contract. and the Bah ee ofthe Contract Price shall not be reduced or let Bron acaou t Jany ouch onrelstudabliplioss. No right ofaction shallextue on this Bond to, my person of stogy other than Owner or its heir. esecuior% administrators, or ancceaors. L Smaty hmaby wives notice of may stege, i xk du* danges of fame, to Contract or to relsted snhcaotnica, putdtate alders, and adwr oblipdono. 9. Any pr oceediaL iMal or equitable, under this Hood may be instituted in any court of oantpdad jurisdiction in the locadon in which do Work or pest of the Work is located assort shall be instituted within two years oiler Cantr actor DeQaslt or within two year! alter Cat actor costed working or within two years after Swtety reftees or fails to perform its obiaptieor under this Berm whicherer otx m tint. If alfa provisiwas of ft parasmh we void or prohibited by law. ms mhdnnma pmol of limitofion avaliloble to sureties as a defense in the jmisdictioa of do suit shall be apps m Is, 10. Notice to Surat, Owner. or Contractor shall be mailed or delivered to the addraa shown ea tie sdgadme page. I t _ When this Bond lora been fstmiwlad to comply with a ata lwory sequisensent in the location where the Cotatrad was to be perPowm4 any provision in this Bond conflicting with said statutory nqumemmt atoll be deemed dekted he efiaaa and provisions conforming to such statutory regreehnmt shall be deemed Mewporded . , 11 . Tho kat a is mat this Bond shall be consbued sots a ststretaty bond ted sot es a oaresm law bard. 12. Definaio s. 12.1 Bohr= of the Comm Plica The tolyl as wait payable by Owner to Contractor under the Comract after all proper adjustrmms Ienre been made, including allowance to Contractor of any amaunis received or to be received by Owner in wakuwat of iniaawme or other CLmes for deagn ID which Ceaeaclor is entitled, raduced by all valid acrd proper psymowar mads to or on behalf of Contractor under the Contract 12.2. Certraee: The agreaoaot between Owner wad Conumur ide adikd on the sigurasae page, ivald'ung all C®aaact Documents pad changes thereto. 12.3. Contractor Default, Failure of Contractor, whiult has neither been remedied nor waived, to perfatm a otherwise to comply with the Lavas of the Cemtract. 12.4. Owner DatbulC Failwre of O�, which has treidiaa been rarnedied sof waived, to pt, Contractor as aapiLed by the Contract or to pe Ger and aampteaa or mfnpty with the adisr owns tharsof FOR INFORMATION ONLY — Name, Address and Telephone 952-830-3000 SoneLy Agency or BrokerWells Fargo Insurance Services USA, Inc. 4300 MarketPointe Drive, Suite 600, Bloomington, MN 55435 Owner's Respm entadw (engineer or odlcm party) Bonestroo 2335 Highway 36 West, St. Paul, MN 55113 16-2 CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF SCOTT On this 5th day of May, zoo 1 before me personally appeared Michael B. Pfeiffer to me known, who being by me duly sworn, did say that he/she is the President of the Northwest Asphalt, Inc,, the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. `; .• ynthia ladzun ' Notary Public Minnesota Notary Public �• try Commission Expires January 31, 2012 (Notary Seal) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 5th day of May , 2011 before me personally appeared Amy M. Burns to me known, who being by me duly sworn, did say that she is the aforesaid Attorney -in -Fact of the WESTERN SURETY COMPANY, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, otary Seal) - ' �'•��hP�1hR=4�f:AiV"vtRAMAl1A/Nk� n�lth"FY 49 i"�i��-{ee.■� p�.Cf� �I iL ^_< * .•sa'� k:: : s Js�n 37.2'3 3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affpced hereby make, constitute and appoint Arty M. Burns Of MN its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature Surety Bond Number. 929 526 272 Principal: Northwest Asphalt, Inc. Obligee: City of New Hope Amount of Bond: See Bond Form and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized. officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 19th day of September 2006 E'Y WES SURE CO PANY 'j�SE p�' "wx rw�✓`� Paul T. Bruflat, nior Vice President State of South Dakota County of Mfnnehahe t ss On this 19th J day of before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seat; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. +aaaaa4aaaaaaaaaaaaaaaaaa + My commission expires $ D. KRELL a i NOTARY PUBLIC &EAS i November 30, 2012 i SOUTH DAKOTA�I +a a a a a a atiaaaaaaaaa4aaaaa + Q. Krell, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby oertWy that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is stili in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 5th day of May WESTE SURETY COMPANY PQ Rq _cat t�"a.s _ V . elson, Assistant Secretary Form F3148-9-2008 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed In the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. JL &-A 1 iT B D Any slur zefereme to Coaftwtor, Suretys Ownst or odw party shall be cumdered phrd wbar , appheable. CONTRACTOR (Name and Address): SURETY (Num w d Address of Pdad* Plane of Bit ): Northwest Asphalt Inc. 1451 Stagecoach Koad Shakopee, MN 55379 Western Surety Company OWNER. (N� and Address): City of New Hope 333 S. Wabash Ave City Hall - 4401X Ion Avenue North New Hope, MN 5428 Chicago, IL 60604 CONTRACT Dafta: May 4, 2011 Amomt ($666,95220 ) Six Hundred Sixty Six Thousand Nine Hundred Fifty Two Dollars and 201100 Descr4p6m (Name and iocatim): Boone Avenue Improvements - municipal utility and street improvements ...- New Hope, MN. KWD B(md N=ber; 929 526 272 Date (Not earlier them C=bw Data): May 5, 2011 AJWuttt: ($666,95220 ) Six Hundred Sixty Six Thousand Nine Hundred Fifty Two Dollars and 201100 Modiftatiaas m d& Bond Farre: Yes Paragraph 6 of this Bond is deleted in Its entimty and replaced with the following provision: "Within a reasonable time (1) after the Claimant has satisfied the conditions of Paragraph 4 and (2) after the Surer has reviewed all supporting documentation it requested to substantiate the amount of the claim. the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to eatlefy the above requirements shall not be deemed a t'orfeelturee or walver of the Surety's or the Contractoes defenses tinder this Bond or their right to dispute such claims. However. in such event the Claimant may bring suit against the Surety as provided under this Bond." Surely and Contra , imtefig to be IegaIly bound bareby, subject to the tuts prit>;ted an the rove= side h root do each emm We Paymmt Bond to be ti€Ily exe ed on its behalf by its auk officer, agent, ar repaesmiative- CDNi'RACTOR AS PRMCIPAL CGMPM- Northwest Asphalt, Inc. Signature: A(Seal) Name aW title. Michael 8. P i President (Space is provided below for sib of parties, if requirei.) CONTRACTOR AS PR1NCE'AL campaw. ftoataue: Nairne and Title: (SCSI) Western Surety Company () SureVs Njaw and Corporatr_, c l jg� �Ti Amy M. Burnstamcy) Attomey-in-Fact Rep Surety's Name ad Corporate Seal BX- Signamm and Title (Attach Power ofAttarney) Attest: Sipature and Tide: (Seal) B i 3)C No. 0415 (2002 E*do* )rigtnally prepared tbrevo the jobt elft U ot'dw Serety Anedadn or Amrice, Ea faeen MAN Contract Doer I COMMUtee, the Ammisted Cee" Caek%eters of Amerb a, tM American l wft to of Arebitw% the Americas Saboontracts Anectudam, sad the Auociaied Spedep€ Coatractam .- 15 . 1. Contractor and Surety, jointly and severally, bind themselves, their hcK c c�c utos, s&nmistratom sucoessors, and assigps to Owner to pay for labor, rneser'" and equipment foraished by Claimants for use in the petf«motce, of the Contract, wh wh is numporated hesem by fefen uce. 2. With respect to Owner, thio obligation shall be mull and void if Conuactor. 2.1. Promptly tnslax payment, directly or indirectly, for all urns doe Claimants, and 2.2. Deftods, ioeletonifies, and holds harmless owner fom all claims, danstds, liens, or suits alleging nett -payment by Contractor by any person or (artily who fimushcd labor, nsf eels, or equipment fiw use iu the perfbtruenx of the Co tr=4 pravhded Owner has Promptly re - I'll , d Contractor and Surety (at due address d ambod in Paragraph 12) of day clause, demands, liars, or shits and tanderod Manse of such claims, demands, Bene, or suits to Contractor and Surety, and provided there is no Owner Default 3. With respec to Claimants, this obligation dull be null and void if Contractor promptly makes payment, directly or indirectly, for all suns dtm 4. Surety shall have no obligation to Ch dmmts under this Bond until: 4.1. Claimants who ars employed by or have a direct contract with Contractor have Stm nonce to S%mq (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under No Bond snd, with substantial wxwacy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: s. Amounts owed by Owner to Cortttactor under the Contract shall be used for the pe ftmm t of the Contract and to satisfy claims, if any, under any perliomonce bood. By Contractor funtislotg and Owner accepting this sand, they agree kat all Lode earned by Conttww in the perkemance of the Contract are dedicated to satisfy obligations of C Wacter and Surely under this Bond, subject to Owse ft Prim* to use the fluds ibr the completion of the Work. 4. Surety shall not be liable to owner, Claimants, or other, for obligation of Cmu ciar that are wmelaW to Ore Contract. Owner shall not be liable for Payment of any coats or a 9casos of my Claimant under this Bond, area sball have under this Bond no obligations b nice payments to, give rretioes onbelulf ot; or otherwise have obUgatiats to Cbhnmb under this Bond. 10, Surety hereby waives notice of,ay age, inchding charged of time, to the Contract or to sedated Subcontracts, purchase orders and other obligations. 11. No mitt or action shall be cora need by a Claimant under this Bond other than in a court of oompetent jurisdiction. is the kwAdao in which rte Worst or part of the Worst is located or aft the expiration of ase year fluor tie date (1) an which the Claimant gave the notice requited by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last hbor or service was performed by anyone or the haat materink nr equipmaht were furnished by anyone under the Canno=n Contract, vdkb w of (1) or (2) first own. If the provisions of No paragraph on void or prabibiled by law, the minimum period of linhetipn nWlabk to sureties as a diene in the jurisdiction of the suit shall be app5mbla 12. Notice to Surety, Owner, or Contractor shall be n=W or delivered to the addresses shown an the signature pp. AcaW receipt of notice by Surety. Owner, or Canitractor, however accompHobed. aball be sufficient compliance as of the date received at the address shown on due ssgenaturs page. 1. Have fmidwd written notice to Contractor end sent a copy, or 13. When this Bond has been fmidod 10.canply with a statutory mquirerrhent rhotice thereof, to Owner, within 90 doo aft staving Inst plrlibmad in the location where the Contract was to be perforated. any provision in tdo labor or haat 5nnisbed nnaterish or equipment included in the claim Bond conflicting with said st glory re"hemett shall be deemed deleted stating wrath substantial accuracy. tie amort of the claim and the herchum. and provisions ooatformmg to such statutory requhasnemt shall be name of the party to wham the materials or equipment went darned ianaaoeporated therein. The intent is that tins Hord shall be emst rued as a finmshtd or supplied, or for whom the labor was done or statutory Bond and to as a common bw bond. performed; and 14. Upon request of any person or entity appearing to be a potential batefnciary 2. Have either received a rejection in whole at in pant *m Contractor, of this Hord, Coohaobor serail promptly furnish a copy of this Band or shall at not rwdvW within 30 days of fhoe MMS flue above notice any permit a cagy to be made, conatutn kerb n !torn Contractor by which Contractor had indicated the claim int be paid directly or indirectly; and 15. D19FWfh XM 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or mice thereof. to Owner. stating flat a claim is being made under No Bond and enclosing a copy of the previous written notice furnished to Contractor. S. N a statue by a Claftesnt required by Parspaph 4 is provided by Owner to Cattttactar err to Surety. Hatt Is sufScio nt compliance. 6. When a Claimant bas satisfied the conditions of Paralmh 4. the Surety shall p KmVdy and at Surety's espdtse take the following actions: 6.1. Send ao answer to that Claimant, with a copy to Owner, within 45 days atter inapt of the claim, stating the amounts that we undisputed and the basis for challenging any amounts flush are disputed. 6.2. Pay or aaranp far payment of any undisputed amounts. 7. Surety's fatal obligation shall not famoed the amount of this Band, and the amort of this Band shall be credited for any payments made in good farik by 15.1. C An individual or entity having a direct contract with Cantractor, or with a tin"err subcontractor of Contractor. tD furnish sabot, nsteriah6 or equipment for use in the performance of the Contract The intent of this Bond ahahh be to include without limitation in the tern "labor, awMerirb or equipment" that part of water, We, power, light, stent, oil, gasoline, telephone servicer, or natal equipa art used in the Contract, architectural and engineering advices required for perfor nsncc of the Work of Contractor ad Conbactar's Subcontractors, and all other items for which a mechanic's sten may be asserted in the jurisdiction whom the labor, materisb, or equipment ,Fere furnisrhed. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documan>a and changes thd+eto. 15.3. Owner Default Failure of Owner, which has neithwbom remedied nor waived, to pay Contractor as reguimd by the Contract or to pe di rm and comgk e or comply with the other ten. thereof: FOIL Ili ORMIITI W IYMar Ao'?ras asd Te ftrope SurelrAgrcaeyorhlhrelo952-830-3000 ee: ells Fargo Insurance rvtces USA, Inc. 4300 MarketPointe Drive, Suite 600, Bloomington, MN 55435 Owneesaept, ,ra(e4■eerorothwpwq)Ronestroo 2335 Highway 36 West, St. Paul, MN 55113 CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF SCOTT On this 5th day of May, 2011 before me personally appeared Michael B. Pfeiffer to me known, who being by me duly sworn, did say that he/she is the President of the Northwest Asphalt, Inc., the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. ynt' ha L dzun yar` Notary Public -�°`` Minnesota .s.e` 31 2012 Nota Public Ulj�� -°. My Commiss}gn Expires daAUary Notary (Notary Seal) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 5th day of May , 2011 before me personally appeared Amy M. Burns to me known, who being by me duly sworn, did say that she is the aforesaid Attorney -in -Fact of the WESTERN SURETY COMPANY, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, Notary Seal) VVestern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation,. is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Amy M. Burns Of Bloomington MN its true and lawful Attomey(s)4n-Fact with full power and authority hereby conferred to sign, seal and execute for and on Its behalf bonds, undertakings and other obligatory instruments of similar nature Surety Bond Number. 929 526 272 Principal: Northwest Asphalt, Inc. Obligee: City of New Hope Amount of Bond: See Bond Form and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 19th day of September 2006 WS SURE7 CO PANY W ��PURR� a'e A•• *� Paul T. Bruflat nior Vice President State of South Dakota County of Minnehaha ss On this 19th day of September , 2006 , before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ; D. KRELL My commission expires NOTARY PUBLICoe November 30, 24.72 i SOUTH DAKOTA � +4 1 4 - 4 d,s�a�.ti��,br�.titi��ara f D. Krell, Notary Public CERTIFICATE E, _ Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have he2aunti subscribed my name and affixed the seal of the said corporation this 5th day of _ May rE'N cCOMPANY SURETY COMANY . elson, Assistant Secretary Form F3146-9-2406 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CONTP-ACT �,.UMEWTS i Project Manual For Boone Avenue Improvement City of New Hope, Minnesota March 2011 City `9''ACTProf No. 000 0230 ENT 5 +U 182-101-017 * Bonestroo i 1 i 1 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jason P. Quisberg Date: March 14, 2011 License # 44315 END OF SECTION PROFESSIONAL CERTIFICATIONS C 2011 Bonestroo 100034-10231-0 00 0105 -1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 00 01 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 EICDC 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 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 70 00 Execution Requirements Division 02 - Existing Conditions 02 41 13 Selective Site Demolition Division 3 to Division 19 — Not Used FACILITY SERVICES SUBGROUP Division 20 to 29 — Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 30 — Not Used Division 31- Earthwork 31 23 00 Excavation and Fill 31 23 13 Subgrade Preparation TABLE OF CONTENTS © 2011 BorKW= 1000034-10231-0 000110-1 Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 32 11 25 Full Depth Reclamation 32 12 02 Flexible Paving (State Aid Projects) MnDOT Specification 2360 Plant Mixed Asphalt Pavement 2360 Gyratory Design Specification dated February 1, 2010 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters 32 17 23 Pavement Markings 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 33 05 17 Adjust Miscellaneous Structures 33 1000 Water Utilities 33 40 00 Storm Drainage Utilities Division 34 - Transportation 34 41 13 Traffic Signals END OF SECTION TABLE OF CONTENTS O 2011 Bonestroo 1000034-10231-0 000110-2 SECTION 00 1113 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Friday, April 15, 2011, 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: Boone Avenue Improvements, City Project No. 883 In general, Work consists of the following approximate quantities: 3,800 LF Street Reclaim and Pave 2,900 CY Common Excavation, off-site 2,000 LF Spot Replacement of Curb and Gutter and Walk 70 LF DIP Water Main Replacement 13 EA Hydrant, Valves, and Fittings Replacement 6 EA Storm Sewer Structure Replacement 1,000 SY Sodding 9,250 LF Striping, incl. pavement marking 1 LS Loop Detector Replacement Bidding Documents may be purchased by credit card at www.bonestmo.com (follow the Plan Room link) for a fee of $75 (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 $75. 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 Chad Davison at (651) 604-4913. 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. Minimum wage rates to be paid by the Contractors have been predetermined and are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. 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 ® 2011 Bonestroo 1000034-10231-0 ADVERTISEMENT FOR BIDS 001113-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1- DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 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 became 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. O 2011 BonesbiDo 1 000034-10231-0 INSTRUCTIONS TO BIDDERS DO 2113 - 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 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 4.02 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. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 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, © 2011 Bonest oo 1 000034-10231-0 INSTRUCTIONS TO BIDDERS 002113-2 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; 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 .. INSTRUCTIONS TO BIDDERS C 2011 Bonesbw 000034-10231-0 0021 13-3 Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - 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 Addendum 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 Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner 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. INSTRISC —1 `)N'S -10 BIDDERS c0 2011 Bonestrroo 1 000034-10231-0 0021 13-4 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 5.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 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. C 2011 Bonesbw 000034-10231-0 INSTRUCTIONS TO BIDDERS 002113-5 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the letters 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. 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. 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. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1 000034-10231-0 002113-6 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. 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 Sid 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, Sid 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. © 2011 Borkwtroo 1000034-10231-0 INSTRUCTIONS TO BIDDERS 0021 13-7 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- SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it snail 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. 14►IsX$1iW-1tob6[41► INSTRUCTIONS TO BIDDERS c0 2011 Bonestroo 1 000034-10231-0 0021 13-8 SECTION 00 31 00 AVAILABLE PR03ECT INFORMATION PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2011 Bonesh-oo 1000034-10231-0 003100-1 BIDDER: 4nilr- Bonestroo DOCUMENT 00 4110 BIO FORM BOONE AVENUE IMPROVEMENTS CITY PROJECT NO. 883 PROJECT NO. 000034-10231-0 NEW HOPE, MN 2011 THIS BID IS SUBKFMD 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: Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which Is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect Cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified In SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. 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. 41sJl:-iD23J-0 0a` i8-4— 00 4120-6 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. r. 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. 1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit 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. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all Bairns, 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 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific rash 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 11.03.8 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. OW0 4-10231-G ® 2011 fbne m IM fl( -- x Sao s1 No. Item Unita Qty Unit PrICe Total Prlee 1 BASE BID MOBILIZATION LUMP SUM 1$ �� Q MM qilqwl $ 2 REMOVE CURB AND GUTTER LIN FT 1530 $ $ _ Cd= r+ 3 REMOVE WATER MAIN LIN FI 252 $ _id to $ ?. w � 4 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 18$ $ S REMOVE CONCRETE WALK SQ YD 510 $ 1S $ �0 6 REMOVE MANHOLE OR CATCH BASIN EACH 6$ $ _ a1FlI9CJ y 7 REMOVE CASTING EACH 17 $ $ 8 REMOVE VALVE BOX EACH a 7$ `I S r $� + 9 REMOVE HYDRANT EACH 6 $ Sou" $- _10 10 SAWING BITUMINOUS PAVEMENT (FULL LIN FT 273$ S5.0 $ 3VS O DEPTH) 11 COMMON EXCAVATION (P) CU YD 3877 $ 4.00 $ 12 SELECT TOPSOIL BORROW SPECIAL (LV) CU YD 110 $ 22 . 'S 0 $ 13 STREET SWEEPER (WITH PICKUP BROOM) HOUR 10 $ 121<440 $ 14 WATER FOR DUST CONTROL 1000 GAL 50 $ 3,54 .n $12� 15 AGGREGATE BASE CLASS 5 TON 125$ J.;50 $ 01:1-1• �0 16 RECLAIM BITUMINOUS PAVEMENT SQ YD 17450$ Z+29 $i(a,°a 17 BITUMINOUS MATERIAL FOR TACK COAT GALLON 880 $ .00 $ 18 TYPE SP 12.5 WEARING COURSE MIXTURE TON 1655 $ 2 (0 $ y (3,E) 19 TYPE SP 12.5 NON WEARING COURSE TON 7175$ 70 MIXTURE (3,B) 20 PATCH BITUMINOUS DRIVEWAY SQ YD 18$ 21 4' INSULATION SQ YD 14 $ to $ + 22 HYDRANT EACH 6 $ _ J�kCn" $ m " 23 6" GATE VALVE AND BOX EACH 3 $ rJ $'LOE� - 24 8" GATE VALVE AND BOX EACH 1 $ $ 25 12" BUTTERFLY VALVE AND BOX EACH f+ 3$ "o _ ry $ CDa`%d camas -0a 1a•< 2..,442 004110.3 gm FORM No. Item Units Qty Unit Price Tokal Pripp 26 CONNECT TO EXISTING WATER MAIN EACH 8 $ ZSU �+ $ 20 + 27 ADJUST VALVE BOX EACH 9 28 ADJUST HYDRANT EACH 6 $ So $ 29 6" WATERMAIN DUCTILE IRON CL 52 LIN FT 194 $� 41 $`s 30 8" WATERMAIN DUCTILE IRdN CL 52 UN FT 60 $ W $ 31 CONSTRUCT DRAINAGE STRUCTURE SPECIAL, EACH 2 $� 2513' RECTANGULAR CATCH BASIN 32 CONSTRUCT DRAINAGE STRUCTURE SPECIAL, EACH 3 $ Z�� 7 $ 6b 4' DIA CBMH 33 CONSTRUCT DRAINAGE STRUCTURE SPECIAL, EACH / 1 $ !1 $ 6.5' DIA MH 34 FURNISH AND INSTALL R3065 CASTING, EA 6$ SS0 .o $� y INCL. CONCRETE AD] RINGS 35 FURNISH AND INSTALL RI642 CASTING, EA 11 $ $ INCL. CONCRETE AD] RINGS 36 INSTALL CHIMNEY SEAL EACH 11 $ � _� C $ V T�y� J + 37 CONNECT EXISTING PIPE TO STORM EACH 14$ STRUCTURE 38 4" CONCRETE WALK SQ FT 3600$ $ • ex 39 CONCRETE CURB & GUTTER DESIGN B618 UN FT 1530 $ 2 bS $S�i.. �O 40 6' CONC WALK FOR PEDESTRIAN CURB RAMP SF 1134 $ $ 41 TRUNCATED DOMES SQ FT 128$ .0 $ 42 TRAFFIC CONTROL LUMP SUM a" 1 $ SA&D ao $ akix 43 NMC LOOP DETECTOR EACH 2 $ ITA " $ tiuw •+ 44 PROTECTION OF CATCH BASIN, NON -PAVED EA 16 $ r) o L $ O. STREET 45 PROTECTION OF CATCH BASIN, PAVED EA 16 $ $ ` STREET 46 SODDING TYPE LAWN SQ YO 970 $ $ 1 33 • G 47 PAVEMENT MESSAGE (LEFT ARROW) PAINT EACH 6 $ �Sb $ 48 PAVEMENT MESSAGE (RIGHT-THRU ARROW) EACH 6 $ — PAINT 4f 49 PAVEMENT MESSAGE (ONLY) PAINT EACH 3 $ _ $` 50 4" DOUBLE SOLID LINE YELLOW -PAINT LIN FT 6606 $ 51 4' BROKEN LINE YELLOW -PAINT UN FT 1203 $ 00003410731-0 02011 am" 004110-4 00FORM No. Item Unib Qty Unit Price Total Price 52 4" SOLID LINE WHITE -PAINT LIN FT 18930 $-0-0(j $- 53 12" STOP LINE WHITE - PAINT LIN FT 54 ZEBRA CROSSWALK WHITE PAINT TOTAL - BASE BID SQ FT 211.5 $ $ •-t 1? 1242$^�,b� $ 2A3b,�i� $ 000039-10231-0 0 20110ma bft 0041 10.5 ID 1?IW 6.01 Bidder agnea that the Work will be Substantially Completed and completed and ready far Final Payrnent in accordance with Paragraph 14.07.8 of the Geral Conditions on or before the dates or within the num of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to ki"Mated 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 falkrwing documents are attached to and made a condition of this Bid: A. Required Bid Security In the form of 5 percent 8.01 The terms used In this Bid with Initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box Vs): Phone No.: - -- - Fax No.: (SEAL) m lou eamsbw 00 41 10-6 MD K1 Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Bush ness Street Address (No P.O. Box Phone No.: Fax No.: Corporation Name: , (SEAL) State of Incorporation: Type (G equal Bus 'onal, Service, Limited Liability): By: Name (typed or printed): LAVVIfVUIMkUj f (CORPORATE SEAL) Semb") Business Street Address (No P.O. Boot ft): S� 1 ' Phone No.; Fax No.: 000034-soas-o 02OU gain- - 004110-7 ® FGM NON -COLLUSION AFFIDAVET The following Non -Collusion Affidavit shall be executed by the bidder: State Project No. Federal Project No. _„ State of A ianesota County of ) ss 1 I, l Jdo 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 o'CiA,w C,4�, (name of person, corporation submitting this propos) 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 belict 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: k ft KA _r I A% L t —. L--. 0, (!!� or his alwzadffitive) THE AMERICAN INSTITUTE OF ARCHITECTS #I AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Northwest Asphalt, Inc. (Here insert full name and address or legal title of Contractor) 1451 Stagecoach Road, Shakopee, MN 55379 as Principal, hereinafter called the Principal, and Western Surety Company (Here Insert full name and address or legal title of Surety) P.O. Box 5077, Sioux Falls, SD 57117-5077 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE AMOUNT OF THE BID Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has -submitted a bid for (Here insert full name, address and description of project) BOONE AVENUE IMPROVEMENTS CITY PROJECT NO. 883 NEW HOPE, MN 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 material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15TH day of APRIL 2011 NORTHWEST ASPHALT INC. {Principal) (Sea!) (Witness) t �imje AMichael B. Pfeiffnt WESTERN SURETY CQMPANY (Surety) (Seal] —f (Title) Amy M. hums. Attomey-in-Fact AIA DOCUMENT A3110 • BID BOND -AIA ° • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF SCOTT 15TH APRIL 2011 On this day of before me personally appeared Michael B. Pfeiffer to me known, who being by me duly sworn, did say that (s) he is President Of the NORTHWEST ASPHALT, iNc., the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN 15TH APRIL 2011 On this day of before me personally appeared Amy M. Burns to me known, who being by me duly sworn, did say that (s) he is the aforesaid Attorney -in -Fact of the WESTERN SURETY COMPANY, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporatiop. (Notary Public) MnMlvwlArJ'rvV:^1L^.^•'y'ii',v, llggll V l l i ,j. �'.��'y'Y'!Yw'"fS•hrvs�� v r'anJ4ro!'�4 .�`!e•- - V� VVv'i. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Amy M Burns, Kathleen Sorenson, Todd A Kelsey, Meagan Manthei, Daniel R Boerboom, Individually of Bloomington, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authaiued office, of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Wbereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this gth day of September, 2010. Su*Err� WESTERN SURETY COMPANY 4p�,P°A,tr�b Paul IBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 8th day of September, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires �tititiNtivNtiNNhNNNNtiNN4NNtititi r + D. KRELL + November 30, 2012rSEOLL NOTARY PUBLIC SFu s Ra SOUTH DAKOTA s +tiNNNtiYSNYi tiNNNNNNS4N4titi D. Krell, Noftry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney bereinabove set forth is still in force, and further certify that the By-law of the corporation ""Fn the reverse hereof iforce. In testimony2 ecif I have hereunto subscribed my name and affixed the seal of the said corporation this day of Form F4290-09-06 WESTERN SURETY COMPANY L. Nelson, Assistant Secmtary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Noe Minnesota (hereinafter called Owner) and Northwest It Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: municipal utility and street improvements. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Boone Avenue Improvements. 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 TIME 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 contractor will have 60 calendar days to substantially complete the work once any reclamation of the bituminous pavement has been performed. The Work will be Substantially Completed on or before October 14, 2011, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 20, 2012. Substantial Completion Date shall be defined as the completion of the following items: 1. Installation of utilities. 2. Completion of street work including reclamation, concrete repairs and replacements and non - wear pavement. B. Any remaining restoration work shall be completed on or before May 15, 2012. C. All wear course paving shall be completed on or before July 1, 2012. 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 AGREEMENT FORM Q 2011 Bonestroo 1000034-10231-0 00 52 10 -1 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 $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 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 $500 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 S — 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 Six Hundred Sixty -Six Thousand Nine Hundred Fifty -Two Dollars and Twenty Cents ($666,952.20) for the Total Base Bid. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). © 2011 Bonestroo 1000034-10231-0 005210-2 b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Compietion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data". 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 © 2011 Boneshw 1000034-10231-0 necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement, 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 5. Drawings bearing the following general title: Boone Avenue Improvements, City Project No. 883. 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract © 2011 Bonesbw 1000034-10231-0 AGREEMENT FORM 005210-4 A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the Bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the Bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between 2 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. © 2011 Boneskroo 1000034-10231-0 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 behalLf, . f /'j f This Agreement will be effective on4L vl/) 1 2011 (which is the Effective Date of the Agreement). Owner: �► R Attest: Address for giving notices: Designated Representative: Name: Title: Address: Phone: Facsimile: Contractor: Northwest Asphalt, Inc. i Attest: Address for giving notices: 14S fid- a ck Vtop ce— Hi J `ScMi.,��L License No.: �J I C-3 (Where Applicable) Designated Representative: Name: Croce, Guc.4 JZ,(,-! Title: Pvc)r'& iMnn e'✓ Address: Irki C. -<-- N Phone: Facsimile: END OF SECTION AGREEMENT FORM C 2011 Bonestroo 1000034-10231-0 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Seal) l .� Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title �f.Y l.9alll�'1 Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: _ Signature and Title: (Seal) (Seal) EJCDC No. C -fila (2002 Edition) Originally prepared through the Joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance ofthe Contract, which is incorporated herein by reference. 2. N Contractor perforins the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Cantractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days atter Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner, or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. if Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 6, After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fail s to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted hcrefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. 00 6113.13-2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company. Signature: _ Name and Title: ( Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: ( Seal) Surety's Name and Corporate Seal By. Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all stuns due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the parry to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly, and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. I1:1n s) da 124110(0)24FI 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. 00 6113.16-2 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMNIITTEE and Issued and Published Jointly By ACEC E W PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America edge for Creefiry and S and ustamirup OV fie SuAt Erwirormeent Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of ProfessionnI Engineers for EJCDC. All rights reserved. 00700-1 Copyright 02002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 101515th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 201914400 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 Coutract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Paye ARTICLE 1 - DEFINITIONS AND TERMINOLOGY..............................................................................................................6 1.01 Defined Terms .......................................................................................................................................................... 6 1.02 Terminology .............................................................................................................................................................8 ARTICLE 2 - PRELIMINARY MATTERS...............................................................................................................................9 2.01 Delivery of Bonds and Evidence of Insurance......................................................................................................... 9 2.02 Copies of Documents...............................................................................................................................................9 2.03 Commencement of Contract Times; Notice to Proceed...........................................................................................9 2.04 Starting the Work ..................................................................................................................................................... 9 2.05 Before Starting Construction...................................................................................•----------.....................................9 2.06 Preconstruction Conference........................................................................... ...9 2.07 Initial Acceptance of Schedules...............................................................................................................................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................................................... ...........10 3.01 Intent ......................................................................................................................................................................10 3.02 Reference Standards....................................................................................... ........10 3.03 Reporting and Resolving Discrepancies...................................................................•---•----....................................10 3.04 Amending and Supplementing Contract Documents.............................................................................................. 11 3.05 Reuse of Documents................................................................................•------•............................................•---.......11 3.06 Electronic Data.....................................................................................•-.............................................................. 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................11 4.01 Availability of Lands ..............................................................................................................................................11 4.02 Subsurface and Physical Conditions......................................................................................................................12 4.03 Differing Subsurface or Physical Conditions........................................................................................................12 4.04 Underground Facilities....................................................................•---•---.......----•--•...............................................13 4.05 Reference Points...................................................................................•-•..............................................................13 4.06 Hazardous Environmental Condition at Site.........................................................................................................13 ARTICLE 5 - BONDS AND INSURANCE.............................................................................................................................14 5.01 Performance, Payment, and Other Bonds....................................:.......•---.•••.••-------•...............................................14 5.02 Licensed Sureties and Insurers.................................................................-•-...--------•..............................................15 5.03 Certificates oflnsurance......................................................•••-•-----------••-•.•--.•--...........................:..........................15 5.04 Contractor's Liability Insurance ............................... ............................................................................................ 15 5.05 Owner's Liability Insurance...............................................•-•-------------•..................................................................16 5.06 Property Insurance................................................................................................................................................16 5.07 Waiver of Rights.....................................................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer.....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES..........................................................................................................18 6.01 Supervision and Superintendence...........................•---••-•------•••-......---•...................................................................18 6.02 Labor; Working Hours...................................................................................................................... .................18 6.03 Services, Materials, and Equipment.......................................................................................................................18 6.04 Progress Schedule............................................................. ..................................................................................... 18 6.05 Substitutes and "Or-Equals...................................................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others...............................................................................................20 6.07 Patent Fees and Royalties...............................••-•--•-.•--•...----•..................................................................................21 6.08 Permits.....................................................................•--...........................................................................................21 6.09 Laws and Regulations............................................................................................................................................21 6.10 Taxes......................................................................................................................................................................22 6.11 Use of Site and Other Areas................................---••----...------•.........................................----...................................22 6.12 Record Documents............................••---••-......------•................................................................................................22 6.13 Safety and Protection............................•--•------•--....................................................................................................22 6.14 Safety Representative.....................................................................................................................................•-----..23 6.15 Hazard Communication Programs..................................................................................................................•.....23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies...........................................................................................................................................................23 6.17 Shop Drawings and ,Samples.................................................................................................................................23 6.18 Continuing the Work..............................................................................................................................................24 6.19 Contractor's General Warranty and Guarantee....................................................................................................24 6.20 Indemnification......................................................................................................................................................24 6.21 Delegation of Professional Design Services..........................................................................................................25 ARTICLE7 - OTHER WORK AT THE SITE.........................................................................................................................25 7.01 Related Work at Site...............................................................................................................................................25 7.02 Coordination.........................................................................................................................................................26 7.03 Legal Relationships................................................................................................................................................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES......................................................................................................................26 8.01 Communications to Contractor..............................................................................................................................26 8.02 Replacement of Engineer.......................................................................................................................................26 8.03 Furnish Data..........................................................................................................................................................26 8.04 Pay When Due.......................................................................................................................................................26 8.05 Lands and Easements, Reports and Tests..............................................................................................................26 8.06 Insurance...............................................................................................................................................................26 8.07 Change Orders.......................................................................................................................................................26 8.08 Inspections, Tests, and Approvals..........................................................................................................................26 8.09 Limitations on Owner's Responsibilities...............................................................................................................27 8.10 Undisclosed Hazardous Environmental Condition................................................................................................27 8.11 Evidence of Financial Arrangements.....................................................................................................................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27 9.01 Owner's Representative.........................................................................................................................................27 9.02 Visits to Site...........................................................................................................................................................27 9.03 Project Representative...........................................................................................................................................27 9.04 Authorized Variations in Work..............................................................................................................................27 9.05 Rejecting Defective Work.......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments.....................................................................................................28 9.07 Determinations for Unit Price Work......................................................................................................................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities.....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...........................................................................................................28 10.01 Authorized Changes in the Work...........................................................................................................................28 10.02 Unauthorized Changes in the Work.......................................................................................................................29 10.03 Execution of Change Orders..................................................................................................................................29 10.04 Notification to Surety .............................................................................................................................................29 10.05 Claims....................................................................................................................................................................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK..................................................................30 11.01 Cost of the Work.........................................................................................................................................------.....30 11.02 Allowances.............................................................................................................................................................31 11.03 Unit Price Work.....................................................................................................................................................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32 12.01 Change of Contract Price......................................................................................................................................32 12.02 Change of Contract Times.....................................................................................................................................33 12.03 Delays....................................................................................................................................................................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ....................................................................................................................................................33 13.02 Access to Work.......................................................................................................................................................33 13.03 Tests and Inspections.............................................................................................................................................33 13.04 Uncovering Work...................................................................................................................................................34 13.05 Owner May Stop the Work.....................................................................................................................................34 13.06 Correction or Removal of Defective Work.................................................:...........................................................34 13.07 Correction Period..................................................................................................................................................34 13.08 Acceptance of Defective Work...............................................................................................................................35 13.09 Owner May Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................36 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments.................................................................................................................................................36 14.03 Contractor's Warranty of Title..............................................................................................................................37 14.04 Substantial Completion..........................................................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 Partial Utilization..................................................................................................................................................38 14.06 Final Inspection.....................................................................................................................................................38 14.07 Final Payment...................................................................................................................................................•....38 14.08 Final Completion Delayed.....................................................................................................................................39 14.09 Waiver of Claims...................................................................................................................................................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................39 15.01 Owner May Suspend Work.....................................................................................................................................39 15.02 Owner May Terminate for Cause...........................................................................................................................39 15.03 Owner May Terminate For Convenience...............................................................................................................40 15.04 Contractor May Stop Work or Terminate..............................................................................................................40 ARTICLE 16 - DISPUTE RESOLUTION................................................................................................................................41 16.01 Methods and Procedures.......................................................................................................................................41 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 C 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 ® 2001 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 bipbenyls. 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 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Of, PW - I administrative requirements and procedural matters applicable thereto. 44. Subcontractor --An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder --The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier --A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work --Work to be paid for on the basis of unit prices. 51. Work --The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive --A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 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 fiunish. 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 flumished 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 C 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 finmish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-700 Standard General Conditions or 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 C 2002 National Society of Professional Engineers for EdCDC. All rights reserved. ",Iq u 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: .(i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 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 5.013, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. hi addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or .part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work 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 C 2002 National Society of Professional Engineers for EJCDC. Ali rights reserved. 0070-0-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 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 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Keimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or famishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A_ Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00`704 - 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.4reas 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 Per 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. o: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 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 Contraction 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- straction 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.C3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or F 1CDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. N1,=i arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents, ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then; 1, written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Condition of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.0I.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.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 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 001,00-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days. of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.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 Ynce 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 6.1 S.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 11.0I.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.1)), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 11.0l.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11.01.B. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, 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 11.0LA and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C-700 Standard General Condition® 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 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0 LC). 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.I and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.I and 11.0 I .A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.4, 11.0I.A.5, and 11.0I.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 12.0i.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.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 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC 0-700 Standard General Conditions of the Construction Contract Copyright vat 2002 National Society of Professional Engineers for EJCDC. Ali rights reserved. 00700-35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior. Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D, Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. . 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list_ If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Constractlon Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other 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 term of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0 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 binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement_ The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2_ delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Profeasional Engineers for EJCDC. All rights reserved. 00700-41 SECTION 00 73 05 SUPPLEMENTARY CONDITIONS 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. ARTICLE 4 — AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC -4.02 Delete Paragraphs 4.02.A and 4.02.6 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". ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. SC -5.033 Delete Paragraph 5.03.6 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. © 2011 Borgsbw 1000034-10231-0 SUPPLEMENTARY ODNDMONS 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 insured's as their interest may appear and adjust the loss with the insurance company. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-10231-0 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. 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 or in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.B Amend the first sentence of Paragraph 10.05.8 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.E by replacing the words "60 days" with the words "30 days". ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years". ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.85 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 10.05.0 or 10.05.1) shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: © 2011 Bonestroo 1000034-10231-0 SUPPLEMENTARY CONDITIONS 007305-3 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 16.01.6, 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 after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. in inclusions of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION pO 2011 Bonestroo 000034-10231-0 SUPPLEMENTARY CONDITIONS 007305-4 SECTION 00 73 40 (FUNDING AGENCY REQUIREMENTS PART 1 GENERAL 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. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 LIST OF ATTACHMENTS A. Notice to All Bidders —Prompt Payment to Subcontractors. B. Notice to All Bidders — Suspensions/Debarments. C. State Funded Construction Contracts — Special Provisions Division A D. State of Minnesota Wage Determinations (2010) — MS 177.41— 177.44. E. Minnesota Department of Revenue Labor and Industry Prevailing Wages for State Funded Construction Projects: 1. Highway/Heavy. �- FUNDING AGENCY REQUIREMENTS © 2011 Boresbw 1 000034-10231-0 007340-1 F. Minnesota Department of Revenue Labor and Industry Truck Rental Rates. G. Equal Employment Opportunity (EEO) Special Provisions. H. Material Control Schedule (4-6-10) I. Non -Collusion Declaration END OF DOCUMENT FUNDING AGENCY REQUIREMENTS © 2011 Bonestroo 1000034-10231-0 007340-2 Prompt Payment December 2002 NOTICE TO BIDDERS Minnesota Statutes that require prompt payment to subcontractors: 16A.1245 Prompt payment to subcontractors. Each state agency contract must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the state for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-112 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: 1990 c 541 s 1 337.10 Building and construction contracts; prohibited provisions. Subd. 3. Prompt payment to subcontractors. A building and construction contract shall be deemed to require the prime contractor and all subcontractors to promptly pay any subcontractor or material supplier contract within ten days of receipt by the party responsible for payment of payment for undisputed services provided by the party requesting payment. The contract shall be deemed to require the party responsible for payment to pay interest of 1-1/2 percent per month to the party requesting payment on any undisputed amount not paid on time. 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 party responsible for payment shall pay the actual penalty due to the party requesting payment. A party requesting payment who prevails in a civil action to collect interest penalties from a party responsible for payment must be awarded its costs and disbursements, including attorney fees incurred in bringing the action. This subdivision does not apply to construction of or improvements to residential real estate as defined in section 326.83, subdivision 17, or to construction of or improvements to attached single-family dwellings, if those dwellings are used for residential purposes and have fewer than 13 units per structure. HIST: 1997 c 127 s 1; 1998 c 289 s 1,2; 1999 c 116 s 2 NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS February 10, 2011 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 IS HEREBY GIVEN that the Department of Transportation (Mn/DOT) has ordered that the following vendors be suspended effective February 10, 2011, until final disposition of the hearing or hearing appeal: Philip Joseph Franklin Franklin Drywall Inc. and its affiliates, Little Canada, MN Master Drywall Inc. and its affiliates, Little Canada, MN NOTICE OF DEBARMENT NOTICE IS HEREBY GIVEN that the Department of Transportation (MnIDOT) 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 February 10, 2011 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 7`h Street & Highway 59 Bypass Through November 9, 2012 Morris, Minnesota 56267 John Thomas Riley November 9, 2009 East 7`h Street & Highway 59 Bypass Through November 9, 2012 Morris, Minnesota 56267 Riley Bros. Construction, Inc. November 9, 2009 East 7`h Street & Highway 59 Bypass Through November 9, 2012 Morris, Minnesota 56267 Riley Bros. Companies Inc. November 9, 2009 East 7`h 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 .E 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: htty://www.mmd.admin.state.mn.us/debarredreport.asn Rev. 12/18/2006 STATE FUNDED CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION A - LABOR April 7, 2006 I. PREAMBLE 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 duality 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. DEFINITIONSZ 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/O erator (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 4 G. Laborer or Mechanic: A worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications.5 H. Plan: The plan, profiles, typical cross-sections, and supplemental drawings that show the locations, character, dimensions, and details of the work to be done. I. Prime Contractor: The individual, firm, corporation, or other entity contracting for and undertaking prosecution of the prescribed work; the party of the second part to the contract, acting directly or through a duly authorized representative. J. Project: The specific section of the highway, the location, or the type of work together with all appurtenances and construction to be performed under the contract. 1 Minnesota Statute 177.41 Z 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 Rev. 12/18/2006 K. Second Tier Subcontractor: An individual, firm, corporation, or other entity to which a first tier subcontractor sublets part of the contract. L. Special Provisions: Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project. M. Specifications: A general term applied to all directions, provisions, and requirements pertaining to performance of the work. N. Subcontractor: An individual, firm, corporation, or other entity to which the prime contractor or subcontractor sublets part of the contract. O. Substantially In Place: Mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited .6 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/Multiole 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. 8 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. 10 C. The provisions established in this document do not necessarily represent all federal, state, and local laws, ordinances, rules and regulations. It is the responsibility of the prime contractor to inform itself and all subcontractors about other regulations that may be applicable to this contract. D. The prime contractor is responsible to ensure that each subcontractor performing work under this contract receives copies of all required contract provisions. These provisions shall be incorporated into written subcontracts and must be displayed on the poster board." E. The department shall administer this contract in accordance with all applicable state statutes and rules,12 along with the plans, specifications and provisions, which are incorporated into and found elsewhere in this contract. F. An unpublished decision from the Minnesota Court of Appeals affirms the authority of the Minnesota Commissioner of Transportation to enforce the Minnesota Prevailing Wage Law on a case-by-case basis.13 6 Minnesota Rules 5200.1106, Subpart 5(C) 7 Minnesota Rules 5200.1106, Subpart 7(C) a Minnesota Rules 5200.1106, Subpart 7(B) 9 Minnesota Statute 177.41 '0 Minnesota Statute 177.44, Subdivision 1 " Minnesota Statute 177.44, Subdivision 5 1z Minnesota Rules 8820.3000, Subpart 2 E3 Minnesota Court of Appeals Case Number: C6-97-1582 2-A Rev. 12/18/2006 G. For additional information refer to: www.dot.state.mn.us/const/labor/. 1V. PAYROLLS AND STATEMENTS 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.i5 All contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer. 16 Each statement submitted shall include all employees that performed work under this contract and provide at a minimum the following information: 17 1. Contractor's name, address, and telephone number. .2. State project number. 3. Payroll report number. 4. Project location. 5. Workweek ending date. 6. Name, social security number, and home address for each employee. 7. Labor classification(s) and/or three -digit code for each employee. 8. Hourly straight time and overtime wage rates paid to each employee. 9. Daily and weekly hours worked in each labor classification, including overtime hours for each employee. 10. Authorized legal deductions for each employee. 11. Project gross amount, weekly gross amount and net wages paid to each employee. B. Payroll records may be submitted in any form provided it includes all the information contained in Subpart A (1 - 11) of this section. However, contractors needing a payroll form may utilize the "front side" of the U.S. Department of Labor's, WH -347 - Payroll Form. This form is available by visiting the Labor Compliance website.'$ C. All payroll records must be accompanied with a completed and signed MN/DOT, 21658 - Statement of Compliance Form.19 D. The prime contractor is responsible for assuring that its payroll records and those of all subcontractors include all employees that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay and classification of work performed.20 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 " Mn/DOT Contract Administration Manual, Section .320 16 Minnesota Statute 181.10 17 Minnesota Rules 5200.1106, Subpart 10 and Minnesota Statute 177.30 is www.dot.state.mn.us/const/tabor/ 19 Minnesota Rules 5200.1106, Subpart 10 20 Minnesota Statute 177.30(1)(2)(3)(4) 21 Minnesota Statute 177.30(4) 22 Minnesota Statute 181.032 3-A Rev. 12/18/2006 G. Upon request from the Minnesota Department of Labor and Industry (M1V/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. za 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.zs 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.26 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.29 21 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 I77.42, Subdivision 6 27 Minnesota Statute 181.03, Subdivision 1(2) 28 Minnesota Rules 5200.0120,Subpart 1 4-A Rev. 12/18/2006 F. In situations where a delay may exceed twenty consecutive minutes and the contractor requires a worker to remain on the premises or so close to the premises that the worker cannot use the time effectively for the worker's own purposes, the worker is considered "on-call"29 and shall be compensated in accordance with Subpart B of this section, unless the worker is allowed or required to leave the project site. G. A contractor making payment to an employee, laborer, mechanic, worker, or truck owner - operator shall not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid.30 H. Any employee who knowingly permits a contractor to pay less than the total prevailing wage or gives up any part of the compensation to which the employee is entitled may be subject to penalties.3 i 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.32 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 " C. Credit toward the total prevailing wage rate shall be determined for each individual employee and is allowed for bona fide fringe benefits that:34 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. ss E. Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department, the prime contractor shall promptly furnish copies of fringe benefit records for its workers and those of all subcontractors, along with other records, deemed appropriate by the requesting agency to determine compliance with these contract provisions.36 F In addition to the requirements set forth in Subpart C of this section, it is the responsibility of the prime contractor and any subcontractor to inform themselves about other federal and state fringe benefit regulations that may be applicable to this contract. 29 Minnesota Rules 5200.0120, Subpart 2 30 Minnesota Rules 5200.1106, Subpart 6 31 Minnesota Statute 177.44, Subdivision 6 32 29 CFR Parts 5.26 and 5.27 33 29 CFR Part 5.28 34 29 CFR Part 5.23 3s 29 CFR Part 5.29(f) 3s Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 5-A Rev. 12/18/2006 G. Contractors shall submit a completed and signed MEN/DOT, 21658 - Statement of Compliance Form, identifying any fringe contributions made on behalf of a worker.37 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 1-112 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 List40 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'.a' 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 requirements42 for the classification of work performed and shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). In order to ensure compliance, the department may examine the subcontract agreement to determine if the bid price submitted covers the applicable prevailing wage rate for the number of hours worked, along with other records, deemed appropriate by the department 43 B. Pursuant with state regulations, owners, supervisors and foreman performing work under the contract44 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 " 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. 12/18/2006 X. APPRENTICES, TRAINEES AND HELPERS A. An apprentice is not subject to the state wage decision(s) incorporated into and found elsewhere in this contract, provided the contractor can demonstrate compliance with Subparts (1- 4) of this section: 45 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 NIN/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.46 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 similar "4a 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 -21$34, 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.50 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 45 MNIDOLI 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 MNIDOT Standard Specifications for Construction, Section 1801 50 Minnesota Statute 161.315, Subdivision 3(3) 7-A Rev. 12/18/2006 until the project is 100 percent complete.51 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.52 XIV. TRUCKING 1 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 detemzination(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 53 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. $4 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 s5 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 establisbments.57 6. The hauling required to remove any materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment."' 7. The delivery of mineral aggregate materials from a commercial establishment, which is deposited "substantially in place" and the return haul, either empty or loaded," B. The work duties prescribed in Subpart A (1- 7) of this section do not represent all possible hauling activities and/or other work duties that may be performed under this contract. It is the responsibility of the prime contractor to inform itself and all subcontractors about other applicable job duties that may be subject to the contract labor provisions. Refer to the Labor Compliance website for additional information regarding trucking regulations. 5' 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 3B(2) 55 Minnesota Rules 5200.1106, Subpart 3B(1) 56 Minnesota Rules 5200.1106, Subpart 3B(2) 57 Minnesota Rules 5200.1106, Subpart 3B(3) 58 Minnesota Rules 5200.1106, Subpart 313(4) 59 Minnesota Rules 5200.1106, Subpart 313(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 .6' 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. 62 The prime contractor and any subcontractor contracting to receive trucking services shall not assess a broker fee. F. A contractor with employee truck drivers shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). G. If after written notice, the prime contractor fails to submit its month-end trucking reports and certification forms and those of any subcontractor, MTO and/or Truck Broker, the department may take such actions as prescribed in section XVI, (NON-COMPLIANCE AND ENFORCEMENT). XV. CIIILD LABOR A. Except as permitted under Subpart B of this section, no worker under the age of 18 is allowed to perform work on construction projects.61 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.64 However, if this contractor is subject to the federal Fair Labor Standards Act, a worker under the age of 18 is not allowed to perform, work in a hazardous occupa . on. 65 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 age66 and compliance with all applicable federal and/or state regulations.b7 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." 6o Minnesota Rules 5200.1106, Subpart 1 6� Minnesota Rules 5200.1106, Subpart 10 62 Minnesota Rules 5200.1106, Subpart 7(C) 63 Minnesota Rules 5200.09 10, 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 69 MN/DOT Standard Specifications for Construction, Section 1801 69 MN/DOT Standard Specifications for Construction, Section 1906 9-A Rev. 12/18/2006 2. The department may reject a bid from a prime contractor that has demonstrated continued or persistent noncompliance with the prevailing wage law on previous or current contracts with the department .70 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.72 D. All required documents and certification reports are legal documents; willful falsification of the documents may result in civil action and/or criminal prosecution73 and may be grounds for debarment proceedings.74 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, I77A3,Subdivision 5 177.44, Subdivision 6, 609.63 74 Minnesota Statute 161.315 and Minnesota Statute 609.63 10-A MINNESOTA STATUTES 2010 177.41 177.41 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: 1973 c 724 s 1; 1975 c 191 s 1; 1984 c 628 art 4 s 1 Copyright ® 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights -Reserved. MINNESOTA STATUTES 2010 177.42 177.42 DEFINITIONS. Subdivision 1. 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. Hourly 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 S s 6,7 Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota, All Rights Reserved. NENNESOTA STATUTES 2010 177.43 177.43 CONTRACTS FOR STATE PROJECTS; PENALTY. Subdivision 1. 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 Copyright ® 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2010 177.43 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 3 s 11; art 4 s 1; 2007 c 135 art 3 s 11-14; 2009 c 78 art 5 s 8 Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2010 177.435 177.435 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 Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2010 177.44 177.44 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 fined 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 Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2010 177.44 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 1Yansportation 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 5,6; 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 Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS '41" 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 a CHISAGO-13 • DAKOTA -19 • HEN TNEPIN-27 • RAMSEY-62 • SCOTT -70 • WASHINGTON -82 Effective: 2010-11-29 Revised: 2010-12-21 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 04/01/11 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 EFFECT BASIC FRINGE TOTAL DATE RATE RATE RATE 2010-11-29 26.32 14.97 41.29 2011-05-01 26.57 15.72 42.29 2010-11-29 26.32 14.97 41.29 2011-05-01 26.57 15.72 42.29 2010-11-29 17.19 11.29 28.48 2010-11-29 26.32 14.97 41.29 2011-05-01 26.57 15.72 42.29 2010-11-29 22.92 14.42 37.34 2011-05-01 23.17 15.17 38.34 FOR RATE CALL 651-284-5091 OR EMAIL D VWAG TATE. 2010-11-29 28.32 2011-05-01 28.57 2010-11-29 27.02 2011-05-01 27.27 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT 2010-11-29 27.02 FEET BELOW STARTING GRADE LEVEL) 2011-05-01 27.27 110 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 04/01/11 14.97 43.29 15.72 44.29 14.97 41.99 15.72 42.99 14.97 41.99 15.72 42.99 2010-11-29 31.80 6.35 38.15 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) 2010-11-29 26.32 14.97 41.29 2011-05-01 26.57 15.72 42.29 112 QUALITY CONTROL TESTER (FIELD AND COVERED 2010-11-29 16.28 4.07 20.35 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 2010-11-29 30.72 15.85 46.57 2011-05-01 30.72 16.85 47.57 202 BOOM TRUCK 2010-11-29 30.72 15.85 46.57 2011-05-01 30.72 16.85 47.57 203 LANDSCAPING EQUIPMENT, INCLUDES HYDRO 2010-11-29 17.19 11.29 28.48 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 2010-11-29 30.72 15.85 46.57 2011-05-01 30.72 16.85 47.57 GROUP 2 2010-11-29 31.57 15.85 47.42 2011-05-01 31.57 16.85 48.42 302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY) 303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY) 04/01/11 3 304 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 MANUFACTURERS 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 2010-11-29 31.02 15.85 46.87 2011-05-01 31.02 16.85 47.87 309 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) GROUP4 2010-11-29 30.72 15.85 46.57 2011-05-01 30.72 16.85 47.57 323 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) 327 04/01/11 4 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 ]OBSFTE (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) 04/01/11 355 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 2010-11-29 27.68 15.85 43.53 2011-05-01 27.68 16.85 44.53 369 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) 04/01/11 6 384 STUMP CHIPPER AND TREE CHIPPER (HIGHWAY AND HEAVY ONLY) 385 TREE FARMER (MACHINE) (HIGHWAY AND HEAVY ONLY) GROUP 6 2010-11-29 26.47 15.85 42.32 2011-05-01 26.47 16.85 43.32 387 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 MJ.PREYffAQE9STATE.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) GROUP 2 FOR RATE CALL 651-284-5091 OR EMAIL DLI_EREV WAGE O STATE.MMUS 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) 04/01/11 7 GROUP3 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.U5 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) GROUP 4 FOR RATE CALL 651-284-5091 OR EMAIL RE E TE. 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.PREV WAGE @ 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 04/01/11 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 (COI -B- CONSTRUCTION ONLY) 533 TRACTOR OVER D2 (COMMERCIAL CONSTRUCTION ONLY) 534 WELL POINT PUMP (COMMERCIAL CONSTRUCTION ONLY) GROUP 6 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN. TS 535 CONCRETE BATCH PLANT (COMMERCIAL CONSTRUCTION ONLY) 536 FIREPERSON, FIRST CLASS BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 537 FRONT END, SKID STEER UP TO I 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@STATT-.MN.Ua 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) GROUP 8 FOR RATE CALL 651-284-5091 OR EMAIL D E TE.M 548 ELEVATOR OPERATOR (COMMERCIAL CONSTRUCTION ONLY) 549 GREASER (COMMERCIAL CONSTRUCTION ONLY) 550 MECHANICAL SPACE HEATER (TEMPORARY HEAT NO BOILER LICENSE REQUIRED) (COMMERCIAL CONSTRUCTION ONLY) 04/01/11 GROUP 1 2010-11-29 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 2010-11-29 20.96 6.40 27.36 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 2010-11-29 26.35 13.15 39.50 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION 607 THREE AXLE UNITS GROUP 4 2010-11-29 26.10 608 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 2010-11-29 39.94 2011-06-01 41.39 702 BOILERMAKERS 703 BRICKLAYERS 704 CARPENTERS 705 CARPET LAYERS (LINOLEUM) 13.15 39.25 18.07 58.01 18.07 59.46 FOR RATE CALL 651-284-5091 OR EMAIL DLI VWA TATE. 2010-11-29 31.66 17.38 49.04 2010-11-29 35.52 13.55 49.07 FOR RATE CALL 651-284-5091 OR EMAIL 04/01/11 10 715 PAINTERS (INCLUDING HAND BRUSHED, HAND 2010-11-29 30.25 17.65 47.90 SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR 2010-11-29 35.52 13.55 49.07 EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 717 PIPEFITTERS . STEAMFITTERS 2010-11-29 34.20 27.08 61.28 04/01/11 11 DLI.PREVWAGE@STATE.M[N.US 706 CEMENT MASONS 2010-11-29 31.55 17.00 48.55 707 ELECTRICIANS 2010-11-29 35.55 22.95 58.50 708 ELEVATOR CONSTRUCTORS FOR RATE CALL 651-284-5091 OR EMAIL DLl.PREVWA YRTATE.MN.US 709 GLAZIERS FOR RATE CALL 651-284-5091 OR ENTAIL DLI.PREV WAGE@ S':ATE.MN.US 710 LATHERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAQE@STAjE.MN.l& 711 GROUND PERSON 2010-11-29 23.68 11.75 35.43 2011-05-01 23.68 12.00 35.68 712 IRONWORKERS 2010-11-29 33.80 20.37 54.17 2011-05-01 34.10 20.37 54.47 713 LINEMAN 2010-11-29 35.34 15.19 50.53 2011-05-01 36.04 15.64 51.68 714 MILLWRIGHT 2010-11-29 33.40 15.87 49.27 715 PAINTERS (INCLUDING HAND BRUSHED, HAND 2010-11-29 30.25 17.65 47.90 SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR 2010-11-29 35.52 13.55 49.07 EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 717 PIPEFITTERS . STEAMFITTERS 2010-11-29 34.20 27.08 61.28 04/01/11 11 718 PLASTERERS 719 PLUMBERS 720 ROOFER 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 729 ASBESTOS ABATEMENT WORKER 730 SIGN ERECTOR FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE MN.US 2010-11-29 37.76 19.79 57.55 FOR RATE CALL 651-284-5091 OR EMAIL DL VW TA 2010-11-29 37.28 22.08 59.36 FOR RATE CALL 651-284-5091 OR EMAIL DUPREVWAGE@ STATE.MN.US FOR RATE CALL 651-284-5091 OR EMAIL 2010-11-29 26.91 18.45 45.36 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVW GE@STATE.MN.US FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@ST ATE.MN.US 2010-11-29 32.09 12.39 44.48 2010-11-29 22.46 10.61 33.07 2010-11-29 27.63 14.19 41.82 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVW GE@STATE.MN.US 04/01/11 12 DEPARTMENT OF LABOR AND INDUSTRY May 10, 2010 LABOR STANDARDS UNIT NOTICE OF CERTIFICATION OF TRUCK RENTAL RATES AND EFFECTIVE 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 d=ivers 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 minimum 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 m xegions 4 & -1 errecuve May 1 u, Lv i u nom $33.01 to $32.76. The operating costs, including the average truck broker fee paid by those survey respondents who reported paying truck broker fees, and the truck rental rates may also be reviewed by accessing the department's web site at www.dli.mn.gov. Questions regarding the operational costs and truck rental rates can be answered by calling (651)284-5091. The minimum truck rental rates certified for these 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. IN4, STEVE SVIGG COMMISSIO 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_3 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 6521 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 m xegions 4 & -1 errecuve May 1 u, Lv i u nom $33.01 to $32.76. The operating costs, including the average truck broker fee paid by those survey respondents who reported paying truck broker fees, and the truck rental rates may also be reviewed by accessing the department's web site at www.dli.mn.gov. Questions regarding the operational costs and truck rental rates can be answered by calling (651)284-5091. The minimum truck rental rates certified for these 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. IN4, STEVE SVIGG COMMISSIO Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05110 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (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 2,6,7-8,9-14,15,16-17,22-26,27-38). 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, 6, 9-14, 16-22). Mn/DOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statutes §363A.36 and its accompanying rules. Mn/DOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 23-38 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action...........................................................................................2 Notice of Pre -Award Reporting Requirements............................................................................................3 Minnesota Affirmative Action Requirements.............................................................................................4 AppropriateWork Place Behavior...............................................................................................................5 Notice to All Prime and Subcontractors: Reporting Requirements.............................................................6 Specific Federal Equal Employment Opportunity Responsibilities............................................................ 7 Standard Federal and State Equal Employment Construction Contract Specifications .............................. 9 EqualOpportunity Clause.........................................................................................................................15 Minority and Women Employment Goals Chart .......................................................................................16 Sample Summary of Employment Activity, Form EEO-12......................................................................18 Sample Monthly Employment Compliance Report, Form EEO-13..........................................................20 EEOCompliance Review Report .............................................................................................................22 On -The -Job Training Program: Trainee Assignment...............................................................................23 Certification of On -the -Job Training Hours: Federal -Aid Projects...........................................................24 On -the -Job Training (OJT) Program Approval Form...............................................................................25 On -the -Job Training (OJT) Program Trainee Termination Form..............................................................26 Required Contract Provisions: Federal -Aid Construction Contracts........................................................27 Required Contract Provisions: Federal -Aid Construction Contracts, Appendix A ...................................38 EEO Page 1 EEO Special Provisions Minnesota Department of Transportation Revised 05110 Office of Civil Rights NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140, 23 CFR 230 and Minnesota Statute 363A.36) The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 4), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 7-8), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 9-14), the "Equal Opportunity Clause" (EEO Page 15) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 27-37). 2. The goals and timetables for minority and women participation, expressed in percentage terms of hours of labor for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 16-17. These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60-4, and/or Minnesota Statutes §363A.36 and its accompanying rules shall be based on its implementation of the Equal . Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) for Federal or federally assisted projects, and Minnesota Statutes §363A.36, and its accompanying rules for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4 for Federal or federally -assisted projects and/or Minnesota Statutes §363A.36 and its accompanying rules for state or state -assisted vroiects. Compliance with the goals will be measured against the total work hours performed. 3. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E 5th Street, Suite 700, St. Paul, Minnesota 55101 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed. EEO Page 2 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05110 NOTICE TO ALL PRIME AND SUBCONTRACTORS PRE -AWARD REPORTING REQUIREMENTS In order to ensure compliance with Federal and State laws and regulations (23 USC 140, and 23 CFR 230, and Minnesota Statutes §363A.36) and to ensure Mn/DOT's ability to monitor and enforce compliance efforts, the following requirements apply if the apparent low bid exceeds $ 5,000,000.00: 1) The Apparent Low Bidder ("ALB") must provide to Mn/DOT the "EEO -8 Form" (also entitled "EEO Compliance Review Report"), which must provide detail on the contractor's total company workforce in the State of Minnesota during the twelve month period preceding July 30th of the previous year (Office and/or clerical personnel need not to be included). 2) The ALB must provide to Mn/DOT a work plan for meeting the minority and women employment goals established by the Minnesota Department of Human Rights, for the project in question. The work plan must include, at a minimum (1) how the ALB will incorporate its current minority and women employees in the ALB'S efforts to meet the established goals; and (2) a contingency plan if the ALB has determined that its current workforce is not sufficient in order to achieve the established employment goals. If the ALB relies in whole or in part upon unions as a source of employees, then the ALB must (1) include a list of established organizations that are likely to yield qualified minority and women candidates if those union(s) are unable to provide a reasonable flow of minority and women candidates in their work plan; and (2) document the method by which these organizations will refer candidates to the ALB for employment opportunities. All bidders are hereby notified that the U.S. Department of Labor has determined that a contractor will not be excused from complying with the Federal and State laws and regulations cited above based solely on the fact that a contractor has a collective bargaining agreement with a union providing for the union to be the exclusive source of referral and that the union failed to refer minority employees. A contractor may obtain a list of organizations likely to yield qualified minority and women candidates from the Mn/DOT Office of Civil Rights. 3) The ALB must provide to Mn/DOT the ALB's total workforce and labor projections for the project (represented in hours), the ALB'S projected total number of minority hours for the project, and the ALB's projected total number of women hours for the project. The details must include the trade(s) that will be utilized in order to complete the project. The ALB must submit documents as required to comply with this section no later than five business days after the date that bids for the contract are opened. The five day period starts the business day following the date that bids were opened. The required documents must be received prior to Contract Award, and must be sent to the Mn/DOT Office of Civil Rights — 395 John Ireland Blvd., Mail Stop 170 St. Paul, MN 55155-1899. Submittal of the documents described in (1), (2) and (3) is required for contract award to the ALB. The submitted documents will be used as a tool to assist contractors in meeting employment goals; the content itself will not be evaluated for the purpose of determining contract award. EEO Page 3 EEO Special Provisions Minnesota Department of Transportation Revised 05110 Office Of Civil Rights MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS 1. It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its accompanying rules are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying rules is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 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 Statutes §363A.36 and its accompanying rules. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statutes §363A.36). 3. Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section §363A.36, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation 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 §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non-discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, 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 §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals. EEO Page 4 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05/10 APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportation's (MnIDOT's) policy to'provide a workplace free from violence, threats of violence, harassment and discrimination. MnMOT 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 discriminat9Z 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 Iimited 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 suggestivc objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. E. 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 5 EEO Special Provisions Minnesota Department of Transportation Revised 05110 Office of Civil Rights NOTICE TO ALL PRIME AND SUBCONTRACTORS REPORTING REQUIREMENTS 1. In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statutes §363A.36, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO -13, sample copy at EEO Pages 20-21.) Prime contractors are also required to complete a Contractor Employment Data Report (Form EEO -12, sample copy at EEO Pages 18-19) once prior to work commencing on the project, unless one has been completed already within the calendar year. The prime contractor of each project collects Monthly Employment Compliance Reports from each subcontractor who performed work during the month, and completes a Monthly Employment Compliance Report on its own work force. For the month of July only, an EEO -13 is required for each payroll period within the month of July. The prime contractor submits the EEO -13 forms to the Mn/DOT Project Engineer by the 15th day of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on-site contract compliance review. During the scheduled on-site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 10-13, at 7 a -p of this contract. 2. If a Federally funded project requires On -the -Job -Training (OJT) participation, information is provided in the contract and can be located by referring to the Table of Contents for Division S. (OJT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan as indicated in the Proposal. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 3. When a Contractor selects a trainee applicant for OJT, the Contractor completes an On the Job Training Program - Trainee Assignment form (sample copy at EEO Page 23) and submits it to the Contract Compliance Specialist (CCS) assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when the applicant is approved. 4. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On - The -Job Training Hours form, (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of Civil Rights will provide these forms Won re uest. Please call the Office of Civil Rights, (651) 366-3073. EEO Page 6 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 CFR 230, Subpart A, Appendix A, FAPG June 6,1996) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required contract Provisions (Form PR -1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of title 23, U.S.C., as established by Section 22 of the Federal -Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. b. The contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to State highway agency contracting officers an equal employment opportunity officer (hereinafter referred to k 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. EEO Page 7 5. Recruitment. a. When advertising for employees, the contractor will include in all advertisements for employees the notation "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the contractor will, through his/her EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where the implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 0 Special Provisions vised 05110 Minnesota Department of Transportation Office of EEO Contract Management SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (con=t) b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and state regulations, the contractor shall make full use of training programs, i.e. apprenticeship, and on-the- job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event the Training Special Provision is provided under this contract, this subparagraph will be superseded as indicated in Attachment 2. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If a contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to famish such information to the contractor, the contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from EEO Page 8 State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports: a. The contractor shall keep such records as necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractor's who rely in whole or in part on unions as a source of their work force), (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors with meaningful minority and female representation among their employees. 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. Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05110 STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statutes 363A.36) Unless noted, the following apply to both Federalffederally assisted projects and State/state assisted projects. Item 3 applies to Federal/federally assisted projects only L 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 9 EEO Special Provisions Minnesota Department of Transportation Revised 05110 Office of Civil Rights STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (can'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. Neither the provisions of any collective bargaining agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section §363A.36 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 10 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05/10 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and woman off -the -street applicant and minority or woman referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. EEO Page 11 EEO Special Provisions Minnesota Department of Transportation Revised 05110 Office Of Civil Rights 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 50-3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(1) in Minnesota Rules.) EEO Page 12 Minnesota Department of Transportation EEO special Provisions Office of Civil Rights Revised 05110 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 §363A.36, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. EEO Page 13 EEO special Provisions Minnesota Department of Transportation Revised 05110 Office of Civil Rights 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 §363A.36. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section §363A.36, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section §363A.36, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section §363A.36 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. EEO Page 14 Minnesota Department of Transportation Special Provisions Office of Civil Rights Revised 05110 EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60-1.4 b, 7-1-96 Edition) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the'interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant ftuther agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 15 EEO Special Provisions Minnesota Department of Transportation Revised 05114 Office of Civil Rights Minority and Women Employment Goals County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Aitkin 2.2% 6.9% 5% 6% Anoka 2.9% 6.9% 11% 6% Becker 0.7% 6.9% 6% 6% Beltrami 2.0% 6.9% 6% 6% Benton 0.5% 6.9% 3% 6% Big Stone 2.2% 6.9% 4% 6% Blue Earth 2.2% 6.9% 4% 6% Brown 2.2% 6.9% 4% 6% Carlton 1.2% 6.9% 5% 6% Carver 2.9% 6.9% 11% 6% Cass 2.2% 6.9% 6% 6% Chippewa 2.2% 6.9% 4% 6% Chisa o 2.9% 6.9% 3% 6% Clay 0.7% 6.9% 6% 6% Clearwater 2.0% 6.9% 6% 6% Cook 1.2% 6.9% 5% 6% Cottonwood 0.8% 6.9% 4% 6% Crow Wing 2.2% 6.9% 6% 6% Dakota 2.9% 6.9% 11% 6% Dodge 0.9% 6.9% 4% 6% Douglas 2.2% 6.9% 6% 6% Faribault 2.2% 6.9% 4% 6% 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% Herne in 2.9% 6.9% 11% 6% Houston 0.6% 6.9% 4% 6% Hubbard 2.0% 6.9% 6% 6% Isanti 2.2% 6.9% 3% 6% Itasca 1.2% 6.9% 5% 6% Jackson 0.8% 6.9% 4% 6% Kanabec 2.2% 6.9% 3% 6% Kandi ohi 2.2% 6.9% 3% 6% Kittson 2.0% 6.9% 6% 6% Koochiching 1.2% 6.9% 5% 6% Lac Qui Parle 2.2% 6.9% 4% 6% Lake 1.2% 6.9% 5% 6% Lake of the Woods 2.0% 6.9% 6% 6% Le Sueut 1 2.2% 6.9% 4% 6% Lincoln 0.8% 6.9% 4% 6% L on 0.8% 6.9% 4% 6% EEO Page 16 Minnesota Department of Transportation special Provisions Office of Civil Rights Revised 05/10 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 0.9% 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% Pope 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% Steams 0.5% 6.9% 3% 6% Steele 0.9% 6.9% 4% 6% Stevens 2.2% 6.9% 6% 6% Swift 2.2% 6.9% 4% 6% Todd 2.2% 6.9% 6% 6% Traverse 2.2% 6.9% 6% 6% Wabasha 0.9% 6.9% 4% 6% Wadena 2.2% 6.9% 6% 6% Waseca 2.2% 6.9% 4% 6% Washington 2.9% 6.9% 11% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wright 2.9% 6.9% 3% 6% Yellow Medicine 2.2% 6.9% 4% 6% EEO Page 17 _Q �\ � §* %r 2% A! _C6 \ PO )\ t e s ° ■ k � 2 o _ « e Jb « § \� � � E � t § ■ � 2 � 2 � � ■ � / t§ %ak ■t= S o J ] k k k� © ®) 2 kN �2 K2 k ■ � . . . Minnesota Department of Transportation Special provisions Office of Civil Rights Revised 05110 INSTRUCTIONS FOR EEO -12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first Mn/DOT construction project for the calendar year. (Prime and Subs) 1. Contractor Name and Address self-explanatory, 2. Employment Data information will coincide with your employment records. 2a. Name should be Iisted First Name, Middle Initial, and Last Name. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self-explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnici1y can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 2e_ Gender is to be indicated with an "M" for Males or an "F" for Females. 2f. Trade/Foreman, Supervisors, Managers self-explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT approved Trainee. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through Mn/DOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact MnIDOT's Office of Civil Rights at (651) 366-3321. If you have submitted this form at any time during this calendar year, you do not need to submit another one. i 9 0 b � Pr ~ U ►moi � O �, 0 or v ^ U ai A � vi �c eal acc .. o F rn b o w •a z 0 ol 1. d G Q t7 V] U o W �z �o �z w o ° El o v O � M. - m 0 G, u q c c L a w r o pa A O W 3 Cd 41 co � O E w � p.�nj ri�vi�ot�000io EEO -13 Rev. 05110 INSTRUCTIONS FOR EEO -13 MONTHLY EMPLOYMENT COMPWANCE REPORT L-5. Self-explanatory— State Project #, county project is located in, are you a prime or sub, and contract value. 6. Percent of Cam lep tion is the estimated percentage of work completed including this reporting period. 7. Employment Data information will coincide with your employment records. All professional, supervisory and managerial hours actually worked on the project site must be included, whether or not they appear on the certified payroll. 7a. Name should be listed Last Name, First Name, and Middle Initial. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 7b. Social Security Number self-explanatory. 7c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 7d. Ethnici1y can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (Al), Asian/Pacific Islander (AP), or White (W). 7e. Gender is to be indicated with an "M" for Males or an "F" for Females. 7f. Trade/Foreman Supervisors, Managers list the trade that applies unless the employee fits one of the other three categories. 7g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT approved Trainee. 7h. Hours Worked for This Period will be all hours worked by the individual, for each trade, during the specified reporting period. S. Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals are determined by the geographic location and source of funding for the project. Projects in excess of $100,000 with any State funding must meet the State Employment Goals. Projects in excess of $10,000 with any Federal funding must meet the Federal Employment Goals. (See chart on EEO Pages 15-16.) Minority and women employee hours shall be distributed evenly throughout the length of the project and in every trade and craft that performs work on the project. % Obtained is the percent of the total project hours worked by minority and women employees, up to and including this reporting period. 9. Prppared by Contractor DesigLiee 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) 366-3321. EEO Page 21 MINNESOTA DEPARTMI :N l ur l KANJruK l A 1 luN nnQ-6 OFFICE OF CIVIL RIGHTS Revised 511 n EEO COMPLIANCE REVIEW REPORT Total Company Workforce in the State of Minnesota (For 12 Month Period Preceding July 30th of the previous year) Name and Address of Contractor Name and Title of Corporate Officer Name of EEO Officer Job Categories TotaltI II 11 1 Trainees Officials (Mangers) Supervisors Mechanics Cement Masons EEO Page 22 .SP #: Project Engineer: Prime Contractor: Address. City: __ EEO Officer: Training Contractor: Address: City: EEO Officer: Tel: EEO -5 05110 MINNESOTA DEPARTMENT OF TRANSPORTATION ON-THE40B TRAINING PROGRAM TRAINEE ASSIGNMENT Location: Phone:( Phone: District: State: Zip: Project Manager: Phone: ( ) State: Zip: Project Manager: TRAINEE Job Title or Number of Training Trade Classification: Hours on this Project: Name: S.S.#: Address: Phone: ( ) City: State: EEO Officer: Project Manager: , Tel: Approximate Start Date: Approximate Completion Date: Is the trainee a member of a certified apprenticeship program? If YES, verify with Apprenticeship Form or Indenture Number: Zip: 1. Ethnic Background: Hispanic Black ; Asian/Pacific Islander White ; Am. Ind/Alaskan (Verify with Tribal I.D. # or Affiliation 2. Male; Female; EEO Page 23 Mn/DOT 21860 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTsCERTIFICATION OF ON-THE-JOB TRAINING HOURS FEDERAL -AID -PROJECTS Contractor: submit ori anal and one copy month1v to the proiect engineer CONTRACTOR REPORTING PERIOD: ADDRESS S.P. NO. (LOW): F.P. NO.. TRAINEE HOURS WORKED HOURS WORKED PREVIOUSLY I THIS PERIOD AMOUNT OF CLAIM HOURS @ Progress of Trainee(s) ❑Excellent []Very Good COMMENTS (Please detail any supplementary training offered): ❑Good TOTAL HOURS TO DATE PER HOUR = S ❑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 EEO Page 24 Date EEO -6 05110 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05120 On -the -rob 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, I I , submit the following training program for rade for approval. ame of Contractor 1. Project Information Contractor Name S.P. # county Prime Sub Address city State Zi Contact Person/ EEO Officer Phone # e-mail address Project Goals Trainees Hours H. Project Training Plan Information Trade # of Trainees Projected Hourly Estimated Estimated Recruiting Resource Assignment Start Date End Date per Trainee Planned Training Activities i M. 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 Si Lure Title Date IV. Instruction for the Contractor. The contractor's proposed training programs must be documented on this form and submitted as indicated in the Proposal. Your Company's compliance with this specification will factor into any and all employment related "Good Faith Effort" determinations. EEO Page 25 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS On- the -Job Training Program Trainee Termination Form EEO Special Provisions Revised 05110 Contractor Name County PrimeSub ❑Fired lease explain below Address A=City State Zi duty ❑Relocated EEO Officer Phone # e-mail address Trainee Name Phone # Social Security No. Address Ci State Zi Race/Ethnicity ❑ Hispanic ❑ White ❑ Asian ❑$lack ❑ American Indian ❑ Other Gender Classification/Trade S.P. # [-]Female ❑Male Start Date Termination Date Hours Assigned Hrs Completed Reesen for Terminatinn/RenaraNnn/Lavoff: ❑ Construction phase completed ❑Death ❑Fired lease explain below ❑Illness/health problems Flack of transportation and /or travel distance DMilitary duty ❑Relocated ❑Personal ❑ Quit to work for another company ❑ Other lease explain below Please provide comments: Contractor's Representative Signature Title Date MAIL or Fax THE ORIGINAL and MAINTAIN COPY: 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office of Civil Rights M.S. 170 On -The —Job Training Coordinator Fax # 651/366-3129 EEO Page 26 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, 19941 Page 1. General................................................................ EEO -27 II. Nondiscrimination............................................... EEO -27 III. Non -segregated Facilities ....................................EEO -29 IV. Payment of Predetermined Minimum Wage.................................................................. EEO -30 V. Statements and Payrolls... .................................. _ EEO -33 VI. Record of Materials, Supplies, and Labor...................................................................EEO-33 VII. Subletting or Assigning the Contract ................... EEO -34 VIII. Safety. Accident Prevention ................................ EEO -34 IX. False Statements Concerning Highway Projects................................................................ EEO -34 X. Implementation of Clean Air Act and Federal Water Pollution Control Act .................. EEO -35 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion............................................................. EEO -35 XII. Certification Regarding Use of Contract Funds for Lobbying ............................................. EEO -37 Appendix A ......................................................... EEO -38 L GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, 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. EEO Special Provisions Revised 05110 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 project unless it is labor performed by convicts who are on parole, supervised release, or probation. IL 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 affiinnative 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: "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 27 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 ddvertising 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, EEO Special Provisions Revised 05110 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 11216, 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 28 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con'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 oontractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (Tbe DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. S. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection EEO Special Provisions Revised 05110 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 29 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). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site ofthe 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 EEO Special Provisions Revised 05110 Section 1(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. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IV A(c), when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 - day period that additional time is necessary. EEO Page 30 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05110 REQUIRED CONTRACT PROVISIONS (con't) d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the (2) The allowable ratio of apprentices to journeyman - additional classification or their representatives, and the level employees on the job site in any craft classification contracting officer do not agree on the proposed shall not be greater than the ratio permitted to the classification and wage rate (including the amount contractor as to the entire work force under the registered designated for fringe benefits, where appropriate), the program. Any employee listed on a payroll at an contracting officer shall refer the questions, including the apprentice wage rate, who is not registered or otherwise views of all interested parties and the recommendation of employed as stated above, shall be paid not less than the the contracting officer, to the Wage and Hour Administrator applicable wage rate listed in the wage determination for for determination. Said Administrator, or an authorized the classification of work actually performed. In representative, will issue a determination within 30 days of addition, any apprentice performing work on the job site receipt and so advise the contracting officer or will notify in excess of the ratio permitted under the registered the contracting officer within the 30 -day period that program shall be paid not Iess than the applicable wage additional time is necessary rate on the wage determination for the work actually e. The wage rate (including fringe benefits where performed. Where a contractor or subcontractor is appropriate) determined pursuant to paragraph 2c or 2d of performing construction on a project in a locality other this Section IV shall be paid to all workers performing work than that in which its program is registered, the ratios and in the additional classification from the first day on which wage rates (expressed in percentages of the journeyman - work is performed in the classification. level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Payment of Firinge Benefits: (3) Every apprentice must be paid at not less than the rate a. Whenever the minimum wage rate prescribed in the specified in the registered program for the apprentice's contract for a class of laborers or mechanics includes a level of progress, expressed as a percentage of the fringe benefit which is not expressed as an hourly rate, the journeyman -level hourly rate specified in the applicable contractor or subcontractors, as appropriate, shall either pay wage determination. Apprentices shall be paid fringe the benefit as stated in the wage determination or shall pay benefits in accordance with the provisions of the another bona fide fringe benefit or an hourly case equivalent apprenticeship program. If the apprenticeship program thereof. does not specify fringe benefits, apprentices must be paid b. If the contractor or subcontractor, as appropriate, does not the full amount of fringe benefits listed on the wage make payments to a trustee or other third person, he/she determination for the applicable classification. If the may consider as a part of the wages of any laborer or Administrator for the Wage and Hour Division mechanic the amount of any costs reasonably anticipated in determines that a different practice prevails for the providing bona fide fringe benefits under a plan or program, applicable apprentice classification, fringes shall be paid provided, that the Secretary of Labor has found, upon the in accordance with that determination. written request of the contractor, that the applicable (4) In the event the Bureau of Apprenticeship and standards of the Davis -Bacon Act have been met. The Training, or a State apprenticeship agency recognized by Secretary of Labor may require the contractor to set aside in the Bureau, withdraws approval of an apprenticeship a separate account assets for the meeting of obligations program, the contractor or subcontractor will no longer be under the plan or program. permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by 4. Apprentices and Trainees (Programs of the U.S. DOL): regular employees until an acceptable program is a. Apprentices: approved. (1) Apprentices will be permitted to work at less than the b. Trainees: predetermined rate for the work they performed when (1) Except as provided in 29 CFR 5.16, trainees will not they are employed pursuant to and individually registered be permitted to work at less than the predetermined rate in a bona fide apprenticeship program registered with the for the work performed unless they are employed DOL, Employment and Training Administration, Bureau pursuant to and individually registered in a program of Apprenticeship and Training, or with a State which has received prior approval, evidenced by formal apprenticeship agency recognized by the Bureau, or if a certification by the DOL, Employment and Training person is employed in his/her first 90 days of Administration. probationary employment as an apprentice in such an (2) The ratio of trainees to joumeyman-level employees apprenticeship program, who is not individually on the job site shall not be greater than permitted under registered in the program, but who has been certified by the plan approved by the Employment and Training the Bureau of Apprenticeship and Training or a State Administration. Any employee listed on the payroll at a apprenticeship agency (where appropriate) to be eligible trainee rate that is not registered and participating in a for probationary employment as an apprentice, training plan approved by the Employment and Training EEO Page 31 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 listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing EEO Special Provisions Revised 05110 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. S. 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 32 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (con't) V. STATEMEN'T'S 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 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Wheneverthe 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 ofDocuments (Federal stock number 029-005- 0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission EEO Special Provisions Revised 05110 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. £ 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, atter 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 33 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) a. Become familiar with the list of specific materials and supplies contained in Form FHWA117, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is EEO Special Provisions Revised 05110 necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. "Ill. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.G. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: EEO Page 34 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 ofthe 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 performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submittedpursuant to provisions of theFederal-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 EEO Special Provisions Revised 05110 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. Instrnetions 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 coveted 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 anytime 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 35 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" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, Stats or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or EEO Special Provisions Revised 05110 civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. REQUIRED CONTRACT PROVISIONS (con't) EEO Page 36 Minnesota Department of Transportation Office of Civil Rights g. A participation in a covered transaction may rely upon a certification ofa prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 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, 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 EEO Special Provisions Revised 05110 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. EEO Page 37 MINNESOTA DEPARTMENT OF TRANSPORTATION EEO Special Provisions OFFICE OF CIVIL RIGHTS Revised 05/I0 APPENDIX A (Long Version) REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The required Contract Provisions for Federal -aid construction contracts, Form FHWA-1273 (Rev. 4-93) is restated here for emphasis: Section IV. PAYMENT OF PREDETERMINED MINIMUM WAGE Section N.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 39 Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control P a g e 1 Minnesota Department of Transportation Schedule of Materials Control — Introduction Page (Federal Aid, State Funds, County/Municipal Federal Aid Projects and State Aid Projects) This schedule outlines the minimum sampling and testing required for most materials used in highway construction. Some items that are rarely used or materials of recent development are often covered by special provisions and may not be shown on the schedule. For more information regarding contract requirements for testing, please reference the "Standard Specifications for Construction", Specification 1603 Materials: Specifications, Samples, Tests, and Acceptance. When sample sizes required for testing exceed 35 pounds, please submit multiple containers of the material with no individual container weighing more than 35 pounds. Small quantities of materials may be accepted without sampling and testing. A small quantity is defined as any total quantity, for the whole project, of one material, which is smaller than the minimum quantity required for testing unless modified by the individual material items. These materials shall be from known, reliable sources, perform satisfactorily and meet the requirements for purpose intended. The inspection report (Form 02415) should include a statement to this effect and show the source. Form 2403 may be used to report small quantities of diverse materials from different sources. Form 02415 and Form 2403 (or approved revisions) are referenced in the Schedule of Materials Control for project record documentation and are required to be maintained in the project file. Where items of small quantity are used in a critical location or significantly influence the safety, performance, strength or durability of major construction items, prior approval for their use without testing must be obtained. Previously approved materials transferred from another project should be reported on Form 02415. The report should include: type of material, quantities involved, source, and supplier of materials. Whenever possible, include the project number for which the material was originally approved. If Forms 02415 and 2403 are referenced by form number within the Materials Control Schedule for materials or products received from pre -approved sources, where the field responsibility for acceptance is visual inspection and all information required to complete these forms is contained in other documents in the project file, the use of these forms becomes optional. If these forms are completed and sent to the Project Engineer by off-site inspection personnel from the district or the Office of Materials, they must be retained in the project file. A telephone Index is included with the Schedule giving the numbers of contact persons if further information is required regarding the various materials. A form index is also included. A website (www.dot.state.mn.us/materials.html) has been established for the Office of Materials. The contributing units to the Materials Control Schedule from the Pavement Engineering Section are the Bituminous Engineering Unit, the Concrete Engineering Unit, and the Grading & Base Unit. The Department maintains the Approved/Qualified Products List and the Certified Products and Services List, as well as, the Materials Control Schedule. Products manufactured offsite may be pre -approved; however, final acceptance will be made at the point of incorporation, based upon review of documentation and inspection for shipping or other damage. Contact the Mn/DOT District Independent Assurance Inspector when project starts to provide the proper servicing of your project. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control it A nv Paget ection age(s) Schedule of Materials Control Introduction Page 1 ndex Certifications List 2 thru 4 Telephone Directory 5 Forms Index 6 I. Grading and Base Construction Items 7 thm 11 1, Bituminous Construction Items for Specification 2360 12 thru 17 II. Scalcoat Construction Items for Specification 2356 18 thru 20 Concrete Construction Items 21 thm 34 V. Landscaping and Erosion Control 35 thru 37 I. Chemical Items 38 and 41 Metallic Materials and Metal Products 41 thru 46 Miscellaneous Materials 47 Geosynthetics, Pipe, Tile, and Precast/Prestressed Concrete 47 thru 52 X. Brick, Stone, and Masonry Units 53 I. Electrical and Signal Construction Items 54 and 56 f"nr4if no+innr T.ic+ Material Section Sub Page Certification Needed Section Bituminous mixture II. Bituminous Many 12-17 All Bituminous from certified Supplier www.dot.state.mn.us/materialsbiturninous.htmI Shingles II. Bituminous 2 13 Contractor shall provide documentation that of all RAS /TOSS (Tear Off Shingle) material is from a MPCA certified supplier. Bituminous Material H. Bituminous 9 16 Only Bituminous Materials from Certified Sources are allowed for use. The most current list of Certified Sources can at .httS.//www.dot.state.mn.us/aroducts Emulsions III. Seal Coat 19 Use Emulsion for seal coat from a certified source. Emulsions III. Seal Coat 19 Use Emulsion for Fog Seal from a certified source. Emulsions III. Micro surfacing 20 Use Asphalt Emulsion from a certified source. Emulsions III. Micro surfacing 20 Use Micro surfacing Emulsion from a certified source. Emulsions III. Micro surfacing 20 Use Fog Seal Emulsion from a certified source. Concrete Ready Mix IV. Concrete Many Contact Report from Ready -Mix Plant. All concrete from 121-34 certified plant including a computerized certificate of compliance with each load. Ground Granulated Blast IV. Concrete 22 Concrete Plant Batching Materials: All materials must come Furnace Slag from certified or approved sources. All certified sources must Fly Ash Admixtures Cement state so on the Bill of Lading Delivery invoice including Mn/DOT standardized certification statement for cement, flyash, and slag. The most current list of certified/approved sources can be found at www.dot.state.mn.us/products. Air Content IV. Concrete ready- 26 Certificate of Compliance. mix for concrete paving Plastic for Curing IV. Concrete 29 A Certificate of Compliance shall be submitted to the Project Engineer from the Manufacturer certifying that the plastic complies with AASHTO M171. M- /DOT SD -15 April 6, 2010 Schedule of Materials Control Certifications List (cont.) P a g e 3 Material Section Sub Page Certification Needed Section Aggregate for Low Slump IV. Concrete 32 Aggregate pit numbers and 1 passing gradation result per Overlays fraction each time aggregate is delivered to the site Profiler IV. Concrete 32 Contractor provides Mn/DOT certified Inertial Profiler Results for bumps/dips and/or Areas of Localized Roughness for the entire project. Aggregate for Concrete IV. Concrete 33 Aggregate pit numbers and 1 passing gradation result per Pavement Repair fraction each time aggregate is delivered to the site Aggregate for Dowel Bar IV. Concrete 34 Aggregate pit numbers and 1 passing gradation result per Retrofits fraction each time aggregate is delivered to the site Plant Stock & Landscape V: Landscaping etc. 2 35 Several certifications Materials Silt Fence V: Landscaping etc. 5 36 Certificate of Compliance with MARV values Flotation Silt Curtain V: Landscaping etc. 6 36 Manufacturers' certification Mulch Type 3 V: Landscaping etc. 14A 36 Certified Vendor by Minnesota Crop Improvement Association must be tagged grain straw only on label. Mulch Type 6 Wood Chips V: Landscaping etc. 14B 37 Emerald Ash Borer Compliance Agreement with the MDA Seeds V: Landscaping etc. 15A 37 Official guaranteed seed analysis labeled on containers in addition to seed tag. Seeds - Native V: Landscaping etc. 15B 37 Certified Vendor by Minnesota Crop Improvement Association must be tagged. Sod V: Landscaping etc. 16 37 A certificate of Compliance for type of sod listing grass varieties. Compost V: Landscaping etc. 17A 37 A/QPL with certified test reports. Waterproofing material VI: Chemical Items 38 Certificate and test results membrane waterproof system Waterborne latex traffic VI: Chemical Items 39 Certificate of Compliance arking paint traffic paint VI: Chemical Items 39 Certificate of Compliance [Epoxy raffic marking paint VI: Chemical Items 39 Certificate of Compliance on -traffic marking paint VI: Chemical Items 39 Certificate of Compliance Bridge structural steel paint VI: Chemical Items 40 Certificate of Compliance Exterior masonry paint VI: Chemical Items 40 Certificate of Compliance Noise wall stain VI: Chemical Items 40 Certificate of Compliance Drop -on glass beads VI: Chemical Items 40 Certificate of Compliance Pavement marking tape VI: Chemical Items 40 Certificate of Compliance Steel sign posts VII: Metallic 2 42 Certification of domestic source if applicable under 1601. Posts for traffic or fence VII: Metallic 3A 42 Certification of domestic source if applicable under 1601. For fence: fence certification form. Fence components VII: Metallic 3B 42 Fence certification form. Fence gates VII: Metallic 3C 42 Fence certification form. Fence barbed wire fabric VII: Metallic 3D 42 Fence certification form. Fence woven wire fabric VII: Metallic 3E 42 Fence certification form. Fence chain link wire fabric VII: Metallic 3F 43 Fence certification form. Reinforcing steel uncoated bars VII: Metallic 5A 43 Certificate of Compliance & certified mill analysis Reinforcing steel epoxy bars VII: Metallic 5B 44 Inspected tag or Certificate of Compliance & certified mill analysis Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control !'artifiratinnc Ti .ict (rnnt_) P a g e 4 Material Section Sub Page Certification Needed Section Steel Fabric VII: Metallic 5E 44 Certificate of Compliance Dowel Bars VII: Metallic 5F 44 Certificate of Compliance Pre or post tensioning strand VII: Metallic 5G 45 Mill analysis Anchor rods & bolts VII: Metallic 7 45 Yearly Mn/DOT passing test report Timber & lumber VIII: Miscellaneous 1 47 Certified on invoice Elastomeric bearing pad VIII: Miscellaneous 4 47 Certificate of Compliance Corrugated metal pipe IX: Geosynthetics IA 47 Certified on invoice & Pipe Corrugated metal structural IX: Geosynthetics 1B 47 Certified on invoice plate & Pipe Corrugated metal aluminum IX: Geosynthetics 1C 48 Fabricator's Certificate and guarantee Plate & Pipe Concrete pipe & manholes IX: Geosynthetics 3A 48 Certified stamp and certification document reinforced & Pipe Concrete pipe non reinforced IX: Geosynthetics 3B 48 Certified stamp and certification document & Pipe Prestressed box culverts IX: Geosynthetics 4A 49 Stamped & field inspection report & Pipe Precast beams & posts, etc IX: Geosynthetics 4B 49 Stamped & field inspection report & Pipe Manholes & catch basins IX: Geosynthetics 5 50 Certification document or stamped & Pipe Thermal plastic pipe ABS & IX: Geosynthetics 7 50 Certificate of Compliance PVC I& Pipe Corrugated PE Pipe: IX: Geosynthetics 8 50 Certificate of Compliance Single wall — edge drains & Pipe Corrugated PE Pipe: dual wall IX: Geosynthetics 13 51 Certificate of Compliance —12"-48" & Pipe Geotextile fabric IX: Geosynthetics 14 52 Manufacturers' Certification of compliance & Pipe Brick sewer concrete X: Brick, Stone, IB 53 Air content statement Masonry Concrete masonry units X: Brick, Stone, 2A 53 Air content statement Masonry Light standards XI: Electrical & 1 54 Certificate of Compliance Signal Cable & Conductors XI: Electrical & 7B 55 Usually inspected at the distributor. Documentation showing Signal project number, reel number(s), & Mn/DOT test number(s) will be included with each project shipment. If not received from Contractor, submit sample for testing along with manufacturers' material certification. Electrical systems XI: Electrical & 10 56 Electrical Systems are to be reported as a "System" using the Signal Lighting, Signal, and Traffic Recorder Inspection Report. Traffic signal systems XI: Electrical & 11 56 Traffic Signal Systems are to be reported as a "System" using Signal the Lighting, Signal, and Traffic Recorder Inspection Report. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control Telephone Index for Schedule of Materials Control Pages Section Page Section Name Contact Phone Part I Page 7 Grading & Base Tim Andersen (651) 366-5455 Cary Efta (651) 366-5421 Rebecca Embacher (651) 366-5525 Website: www.dot.state.mn.us/materials/uadingandbase.html Part 13 Page 12 Bituminous - Spec. 2360 John Garrity (651) 366-5577 Part II B 4 Page 14 Asphalt Binder Jim McGraw (651) 366-5548 Jason Szondy (651)366-5549 Website: www.dot.state.um-us/materials/bituminous.html Part III Page 18 Sea] Coating — Spec 2356 Erland Lukanen (651) 366-5460 Tom Wood (651) 366-5573 Part IV Page 21 Concrete — Aggregates and Mix Design Wendy Garr (651) 366-5423 Concrete — Certified Ready Mix Concrete Wendy Garr (651) 366-5423 Paving Maria Masten (651) 366-5572 Concrete — Bridges Ron Mulvaney (651) 366-5575 Website: www.dot.state.mn.us/materials/conercte.html Part V Page 35 Landscaping and Erosion Control Items Erosion Control Lori Belz (651) 366-3607 Landscaping Scott Bradley (651) 366-4612 Wood Chips Paul Walvatne (651) 366-3632 Part VI Page 38 Chemical Items Jim McGraw (651) 366-5548 Dave Iverson (651) 366-5550 Part VII Page 41 Metallic Materials and Metal Products Sampling Terry Beaudry (651) 366-5456 Test Results Laboratory (651) 366-5560 Bridge Structural Metals Todd Niemann (651) 366-4567 Barry GIassman (651) 366-4568 Part VIII Page 47 Miscellaneous Materials Sections lthru 3 Terry Beaudry (651) 366-5456 Section 4 Todd Nieman (651) 366-4567 Barry Glassman (651) 366-4568 Test Results Laboratory (651) 366-5560 Part IX Page 47 Gcosynthetics, Pipe, Tile, and Precast/Prestressed Concrete Sections 1 thru 5 and 8 thra 11, & 13 Steve Grover (651) 366-5540 Sections 6, 7 Terry Beaudry (651) 366-5456 Section 12 Rich Lamb (651) 366-5595 Section 14 Randy Tilseth (651) 366-5451 Test Results Laboratory (651) 366-5560 Part X Page 53 Brick, Stone and Masonry Units/Modular Retaining Wall Blocks Sections 1, 2A & 4 Terry Beaudry (651) 366-5456 Section 2B Blake Nelson (651) 366-5599 Section 3 Steve Grover (651) 366-5540 Test Results Laboratory (651) 366-5561 Part XI Page 54 Electrical & Signal Sections 1, 8-11 Susan Zarling (651) 234-7052 Section 2 Steve Grover (651) 366-5540 Section 3 Wendy Garr (651) 366-5423 Sections 4-7 Terry Beaudry (651) 366-5456 Test Results Laboratory (651) 366-5560 Mn/DOT SD -15 April'6, 2010 Schedule of Materials Control Form Index P a g e 6 Grading and Base Form No. Form Name 02115-03 Grading & Base Report 02154-02 Random Sampling Gradations 2170-02 Penetration Index Method - Aggregate Base & Edge Drains 02402-03 Work Sheet for Sieve Analysis of Granular Material 02463 Percent Crushing Report 24346-02 Certificate of Aggregates & Granular Materials 24587-01 Calculation for Moisture - Density Relationships in Subgrade Soils and Aggregate Base and Shoulders Concrete Form No. Form Name 2152 Concrete Batching Report 2162 Concrete Test Beam Data 2409 ID Card Concrete Test Cylinder 2448 Weekly Concrete Report 2449 Weekly Concrete Aggregate Report (QC/QA) 21412 Weekly Report of "Low Slump Concrete" 21763 Concrete Aggregate Worksheet 21764 Concrete Aggregate Worksheet 3MF 24143 Weekly Certified Ready -Mix Plant Report. (Verification) 24300 ID Card Cement Samples 24308 ID Card Fly Ash Samples 24327 Field Core Report Microwave Oven Worksheet Incentive/Disincentive Smoothness Worksheet Bituminous Form No. Form Name 2413 jAsphalt Sample Identification Card Miscellaneous Form No. Form Name 2410 Sample ID Card 02415 Inspection Report on............ (May be used for documentation or use another method to capture required documentation) 2403 Inspection Report for Small Quantities (May be used for documentation or use another method to capture required documentation) Certification Form for Type of Fence used, see on right side of page, www.dot.state.mn.us/materials/lab.html I— 0 O b a is+ v M ry � cn � sr C� O � tir pOO y p Qoz .�-i Do �z .�-i o0 .N -i oo . z O z M 00 00 V3 14 v� co a PCw un N as O a� z �oC Go .E� s 00 y0 U" a �M O +, CD U _ N _ N El ^ v.+ V] -+ L �_ O O % ate+ O ;0. 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C ,� O eC o IS: 3 p Gq i c)8n 45 CA 0 cn ro =• o y c U y d o m O> Pel rn o96, DO 0 w ca 00 IW, ".�¢aul a 01dd w PC 10 r4 kn O �--� N _> N ~ E N N N N N N N NN r4 N N FH w � u � � v R.� y PC il ~ 4a/q00 Fps O lor [+ ,b � u � � v y il ~ � y il ~ 4a/q00 Fps [+ PC o W y °3 b buffo g O w �"gi15 �, O ate+ U z Cd 0 ` UUa+ W U V) CIA y o 0 0 o z kn�o Nt No z u [G O CJ C5 01 OC Q\ cC O� �Z N N In O �c Cn O M V Qi ^7r � FL1 C w Cdy C 04 w 'ed 4-•i O O d4 00-8 }� L•G9 ai �3oaw�3 e, ac°` ••-� N C •--� ,--� N O O +--i O PC p N rq .--i ~ N N NcV N N — N N N_NNN �--� ^'� N N N� V'1 NNN NNNN .- Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control I. Grading and Base Construction Items (cont.) Page 11 Note 1: Laboratory samples are not required for 1,000 metric tons [1,000 tons] or less. Conversion Factors are listed in the Mn/DOT Grading & Base Manual under "Conversion Factors in Grading and Base Work". The first field sample with a laboratory companion must be taken within the first 3,000 metric tons [3,000 tons]. The field sample results must be included with the laboratory sample. Companion samples are not required when project acceptance testing is done in a laboratory facility that maintain their own independent AMRL accreditation for the test procedure being used. Not all laboratories will do project acceptance testing. Field -lab tolerances are in the Mn/DOT Grading & Base Manual at: bqp://www.dot.state.nm.us/materials/vbmanual.htrnl Sieve Analysis Procedure (Gradation) Sampling for Moisture -Density Test (Proctor) Note 2: Samples are not required for 500 ton or less. Report small quantities on form 02415 or 2403. Note 3: Submit a laboratory companion to the first Acceptance Gradation sample for a bituminous extraction. Note 4: Carbonate aggregate materials require 20 - 25 kg (50 lbs) for the lab. Note 5: Forms are available on the Grading & Base website at: ho-//www.dot.state.mn.us/materials/gradingandbase.htnI Note 6: Minimum Test Size = 1/2 Field Sample Size. Note 7: Percent crushing test will not be required when the material is crushed from a source meeting the requirements of class A or class B in 3137.213 or 3139.2A2. Note 8: Volume to mass conversion: lyd3 (CV) = 1.8 tons, lm3 (CV) = 2.2 metric tons In Random Sampling, the Individual Tests are used when the total quantity of each aggregate class is less than 4,000 tons or 2,200 cu. yds. (CV) and the Average Lots are used when the total quantity of each aggregate class is at least 4,000 tons or 2,200 cu. yds, (CV) for the project. Note 9: The Contractor may use the Ignition Oven (Mn/DOT Lab. Manual Method 1853) to determine bitumen content. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control P a g e 12 II. Bituminous Construction Items for Specification 2360 (Note #1) (All bituminous mixtures are from Certified Plants) (www.dot.state.mn.uslmaterialsbituminous.html) DEFINITIONS SAMPLE TYPE DESCRIPTION SAMPLE SAMPLE SAMPLE LOCATION TAKEN BY TESTED BY DETERMINED BY QC Quality Control Testing performed by Contractor. Contractor Contractor Contractor Also known as Process Control Testing. Quality Assurance Testing performed by the Agency. QA This test is performed on a companion sample to the Contractor Contractor Agency Contractor's QC sample. A sample to assure compliance of the Contractor's Verification Quality Control program. The results shall be Agency Agency Agency included as part of the QA Testing Program. A companion sample to the Agency's Verification Verification sample provided to the Contractor. The Contractor is Agency Agency Contractor Companion required to test this sample. The results shall be used as part of the QC program. The Independent Assurance Sampling and Testing Contractor or Contractor or 1AST assures testers are sampling and testing properly and Agency Agency Agency that equipment is calibrated correctly. A. Pre -Production Sampling and Testing for Specification 2360 SAMPLE SIZE: 35 kg (75 lb.) - plus #4 aggregate sample for quality testing and Percent Crushing 15 kg (35 lb.) - minus #4 aggregate for quality testing 35 kg (75 lb.) — RAP for Quality Testing 5 kg (10 lb.) — RAS (Shingles) for Gradation and Quality Testing 33 kg (70 lb.) - bituminous mixture plus 2 Gyratory specimens for volumetric testing 35 kg (75 lb.) - bituminous mixture for TSR testing (option A) 8 kg (18 lb.) - bituminous mixture for TSR testing plus 6 Gyratory specimens (option B) 1 kg (2 lb.) - for mineral filler. 1. Bituminous Mix Design (QC/QA) C Testing REMARKS: Mix Design for Spec. 2360 is Contractor's responsibility with review by Mn/DOT. For Gyratory Design, Option 1- Laboratory Mix Design: In addition to reviewing the Trial Mix data (JMF), test Contractor's two Gyratory specimens and uncompacted mixture (specimens and mixture submitted at optimum asphalt content). Also, evaluate TSR per 2360.3 B3. For option 2, Modified Mix Design, review Trial Mix data only. IFor Gyratory Design Option 2, Modified Mix Design, review Trial Mix data only. WDOT SD -15 April 6, 2010 Schedule of Materials Control II. Bituminous Construction for Specification 2360 (Part A, cont.) 2. Aggregate Quality Testing (QA Only) Page 13 Contractor shall provide 24 hour notice of intent to sample aggregates for quality testing. Agency has the option to monitor sampling. Contractor submits to the Bituminous Engineer or the District Materials Engineer one (1) sample of each non -asphaltic aggregate type or class per source per year. Contractor shall also submit the asphaltic aggregate material when the mixture contains RAP or RAS. Quality testing will be performed as directed by the Bituminous Engineer or the District Materials Engineer. When aggregate qualities approach specification limits or when material variation is observed, take additional field samples. Contractor shall provide documentation that of all RAS /TOSS (Tear Off Shingle) material is from a MPGA certified supplier. 3. Mineral Filler (QA Only) Dne (1) per shipment of 45 metric tons (50 tons) or less, unless previously inspected. 4. Additives (QA Only) 1 L (1 qt.) of blended asphalt binder and additive. Sample first shipment of each type of material, then submit one sample per 1,000 m3 (250,000 gal.) (approximately 1,000 ton). B. BITUMINOUS PRODUCTION for Specification 2360 (Note #12) SAMPLE SIZE: 15 kg (35 lb.) for Aggregate for Gradation (QC/QA) 35 kg (75 lb.) for each plus #4 Aggregate Type for Quality Testing 15 kg (35 lb.) for each minus #4 Aggregate Type for Quality Testing 35 kg (75 lb.) for each RAP material for Quality Testing 5 kg (10 lb.) RAS (Shingles) for Processed Gradation and Quality Testing 30 kg (65 lb.) for Mixture Properties (QC/QA) 3 fall 6" by 12" cylinder molds for QA (Gyratory mixes) 40 kg (90 lb.) for TSR (QC/QA) 4 full 6" by 12" cylinder molds for QA 40 kg (90 lb.) for Aggregate Specific Gravity (QC/QA) 1 L (1 qt) for Asphalt Binder (QA) 2 L (% gal) for Asphalt Emulsion (QA) 1. Plant Mix Aggregate Gradation Testing (QC/QA, Verification*) 1 per 450 metric tons (500 tons) at start of production, for the first 1,800 metric tons (2,000 tons) of mixture produced, then I per 900 metric tons (1,000 tons) or portion thereof per mix blend as required by 2360AE6 Companion samples taken for agency. REMARKS: See Note #2, Note #3, & Note #5. to QC samples set aside for 10 calendar days & tested as needed. The Agency representative observes QC testing as Aggregate Percent Crushing (QC/QA, Verification*) rates as required by 2360AE7 CAA, 2360AE8 FAA. Two tests per day (CAA, FAA) for first two days. If CAA results the specification minimum by 8% of the requirement; sample daily, test minimum one per week. If FAA results exceed the ration minimum by 5% of the requirement; sample daily, test minimum one per week. RKS: See Note #2, Note #3, & Note #4 to QC samples set-aside for 10 calendar days and tested as needed. The Agency representative observes QC testing as . Aggregate Quality Testing (QA Only) When aggregate qualities approach specification limits or when material variation is observed, take additional field samples as requested by Project Engineer. When material variation is observed in RAP or RAS take additional field samples as requested by Project Engineer. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control P a g e 14 H. Bituminous Construction for Specification 2360 (cont.) B. Bituminous Production for Specification 2360 (cont.) 4. Asphalt Binder Content, % (QC/QA, Verification) OC Testing I per 450 metric tons (500 tons) per mix blend for first 1,800 metric tons (2,000 tons) of mixture produced. Then 1 per 900 metric tons (1000 tons) or portion thereof per mix blend as required by 2360AE6 See Note #5. (a) Meter Method (Virgin only)................................................................................... Mn/DOT Bituminous Manual (b) Incinerator Oven..................................................................................................... Mn/DOT Lab Manual Method 1853 (c) Chemical Extraction................................................................................................ Mn/DOT Lab Manual Method 1851 or 1852 (d) Spot Check (Virgin only)........................................................................................ Mn/DOT Bituminous Manual 5-693.848 LARKS: The verification companion sample must use Method (b) or (c) only. When more than one Mn/DOT approved test edure is available, the Contractor shall select one method at the beginning of the project (when material is submitted for Trial Review) and use that method for the entire project. The Contractor and Engineer may agree to change test procedures during the traction of the Project. LARKS: See Note #2 & Note #3. If a member of a monitoring team observes the Contractor test, note and sign under remarks. IARKS: For mixtures containing Shingles see Note #7. OA Testing Companions to QC samples set aside for 10 calendar & tested as needed. The Agency representative observes QC testing as needed. 5. Mixture Properties (QC/QA, Verification*) Maximum Specific Gravity, Gyratory Bulk Specific Gravity - 2 Specimen Average, air voids, Adjusted Asphalt Film Thickness (AFT), asphalt binder content, and gradation. REMARKS: See Note #8 Asphalt Film Thickness (AFT) I permetric tons (500 tons) per mix blend, at the start of production, for first 1,800 metric tons (2,000 tons) of mixture produced. Determine planned tonnage for each mixture to be produced during the production day. Divide the planned production by 1,000; round up to the next higher whole number. This number will be the number of production tests required for that mixture. Verification Companion testing from Agency split sample is required to be performed and shall be used as a QC sample once per day. REMARKS: See Note #2, Note #3, & Note #11. apanion samples to QC samples set aside for 10 calendar days and tested as needed. The agency representative shall review QC rations on a daily basis. Review shall include but is not limited to monitoring QC summary sheets and comparing allowable rances for verification sample/verification companion sample test results. The Agency representative shall observe either I QC week (during production) or 1 QC test per 10,000 tons, whichever results in more frequent observations. Verification Companion testing from Agency split sample is required to be performed and shall be used as a QC sample once per day. The verification companion shall also be tested for CAA and FAA at a rate of 1 test per week, if the GAA and FAA exceed the requirements by 8% and 5% respectively, otherwise test daily. Agency representative will take 1 verification sample per mixture blend per day for Mn/DOT laboratory testing. A verification apanion sample will be given to contractor for QC testing. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control II. Bituminous Construction for Specification 2360 B. Bituminous Production for Specification 2360 (cont.) S. Core Density and Thickness C Testin Production/lot testing rate requirements Daily Production Metric Ton English ton Lots 270* — 545 300* — 600 1 546-910 601-1000 2 911-1455 1001— 1600 3 1456 —3275 1601 — 3600 4 3276 —4545 3601— 5000 5 4546 + (5001+) 6 Page15 *When mix production is less that 270 metric tons (300 tons), establish I" lot when accumulative tonnage exceeds 270 metric tons 1(300 tons). locations determined and marked by Agency. Companion cores are required for each Contractor density core. The Contractor schedule the approximate time of testing during normal project work hours so that the Agency may observe and record the rted surface dry and immersed weight of the cores. IREMARKS: Sawing of cores into separate lifts is required. Contractor is required to have a saw capable of separating the core lifts without damaging the material. See Note #10 for Longitudinal joint density cores. e locations determined and marked by Agency. Agency representative observes all Contractor coring, measuring, sawing and ing, and takes possession of Agency cores after sawing. Agency cores shall be transported and tested at the Laboratory (Agency I or District/Division) as soon as possible to prevent damage due to improper handling or exposure to heat. A completed coring shall be submitted to the Laboratory (Agency field or District/Division). larks: See Note #6, Note #10, and Note #11 . Aggregate Specific Gravity (QC/QA) !C Sampline: Sampled and tested by Contractor, if requested by District Materials Engineer. IA Testing: Companion sample to QC sample shall be submitted to the District Materials Lab and tested as needed. Tensile Strength Ratio (T.S.R.) (QC/QA) as directed by the District Materials Engineer. if the District Materials Engineer requires the samples to be tested, both the for and the Department will be required to test these samples within 72 hours after they are sampled. When QC sampling is required, the companion sample to QC sample shall be submitted to the District/Division Materials Lab and tested as needed. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control IL Bituminous Construction Items for Specification 2360 B. Bituminous Production for Specification 2360 (cont.) Page 16 9. BITUMINOUS MATERIALS Only Bituminous Materials from Certified Sources are allowed for use. The most current list of Certified Sources can at http://www.dot.state.mn.us/products SAMPLE SIZE: 1 L (1 qt) for Asphalt Binder (QA) 2 L ('/z gal) for Asphalt Emulsion (QA) Pay Item No. Material Spec. No. Quality Control (QC) Quality Assurance (QA) Form No. 2360 Asphalt Binder 3151.2A QC testing is the State inspector observes 2413 responsibility of the contractor personnel taking Asphalt bituminous material sample. Sample first Sample supplier. Random shipment of each grade of Identification sampling is arranged by material at the start of a Card the Mn/DOT Chemical plant's production or after Laboratory. set-up of a portable plant. Thereafter, submit one sample per 1,000,000 liters (250,000 gal). Sample asphalt binder in clean one L (qt) steel container. 2201 Asphalt Emulsion 3151.2C Sample fust shipment, then 2321 submit one sample per 200 2355 m3 ((50,000 gal.). Sample 2356 asphalt emulsion in clean 2357 two L (2 qt.) plastic 2514 container with wide screw top and immediately send to Mn/DOT Chemical Lab within 7 days of sampling. 2321 Cutback Asphalt 3151.213 Cutback Asphalt should only 2357 be used in cold temperature 2358 applications with the 2514 Engineer's approval. Contact Bituminous Engineering Unit for cold temperature application guidelines. Pressure ft 1 L (I qt.) cans for cutback asphalt. 10. Moisture Content in Mixture (QC only) OC Testing Sampling and testing shall be conducted by the Contractor on a daily basis unless exempted by the Engineer and tested according to the procedures in the Bituminous Manual (5-693.950). Moisture contents above 0.3% are not allowed. Note ##1 Projects with bituminous tonnage less than or equal to 272 metric tons (300 tons) per day may be accepted on a small quantity basis at the discretion of the Engineer. Retain Form 02415 or Form 2403 in Project File. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control P a g e 17 II. Bituminous Construction for Specification 2360 B. Bituminous Production for Specification 2360 (cont.) Note #2 All QA test samples shall be from split samples. If a member of the monitoring team observes the Contractor Test, note and sign under remarks. The Project Engineer is responsible for: 1.) Reviewing control charts & Test summary sheets for accuracy and completeness, 2.) Checking sampling and testing procedures, 3.) Discussing QC problems with the Contractor, 4.) Obtaining Verification Samples, 5.) When additional testing is necessary, collect QA samples which have been acquired and retained by the Contractor and/or additional verification samples. Note #3 For process control testing, acceptance will be based on Contractor's test results as verified by Mn/DOT test results. Note #4 Bituminous mixes composed entirely of Class A and/or Class B aggregates are not required to be tested for CAA (Coarse Aggregate Angularity). Note #5 When the required sampling rate is one test per 500 tons, divide the bituminous mixture production planned for the day by 500, and round up to the next higher whole number; this will be the number of tests required for the day. When the required sampling rate is one test per 1000 tons, divide the bituminous mixture production planned for the day by 1000, and round up to the next higher whole number; this will be the number of tests required for the day. When the required sampling rate is one test per 2000 tons, divide the bituminous mixture production planned for the day by 2000, and round up to the next higher whole number; this will be the number of tests required for the day. Note #6 The Department will select at least one of the two companion cores per lot to be tested for mat density. However, the Department may elect to test all companions to provide a direct verification of all individual and daily average test results. Agency representative observes all Contractor coring, sawing, measuring and testing, and takes possession of Mn/DOT cores after sawing. Agency cores shall be transported and tested at the Laboratory (Agency field or District/Division) as soon as possible to prevent damage due to improper handling or exposure to heat. A completed coring log shall be submitted to the Laboratory (Agency field or District/Division). Note #7 Mixtures that contain shingles will require a minimum of one spot check per day in addition to the required method (b) or (c) used for % total AC. The spot checks will be used for the determination of new added asphalt binder. Note #8 Mn/DOT projects in the 2010 Construction season will require the calculated Adjusted Asphalt Film Thickness (AFT). VMA will still be calculated for informational purposes, but will not be used for acceptance criteria. The adjusted AFT shall be calculated each time a gradation test is required. Note #9 One gradation per 450 metric tons (500 tons) per mix blend, at the start of production, for first 1,800 metric tons (2,000 tons) of mixture produced, then one gradation per 900 metric tons (1000 tons) or portion thereof, of mixture produced with a minimum of one test per day. Note #10 When required, Longitudinal Joint (LJ) Density will be evaluated at random lots as determined by the engineer. Number of LJ lots for the day = number of lots calculated for mat density divided by .20 and rounding up to the next integer. Minimum of one LJ lot per day. For designated LJ lots the agency will test at least one of the mat density companion cores and at least one of the LJ companion cores. Note #11 Random number generation and determination of random sample location shall be consistent with the Mn/DOT Bituminous Manual Section 5-693.7 Table A or Section 5 of ASTM D3665. The Engineer may approve alternate methods of random number generation. Note #12 Dispute resolution procedure for material testing is on file in Mn/DOT Bituminous Engineering Unit and also available on the Bituminous Office Website: http://www.dot.state.ma.us/materials/bituminousdocaids.html Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control III. Seal Coat Construction Items for 2356 Special Provisions A. (2356) Bituminous Seal Coat Pagel8 DEFINITIONS Sample Type Description Sample Location Sample Taken By Sample Tested By Determined By Definitions from 23 CFR 637.203 QA All those planned and systematic actions Quality necessary to provide confidence that a product or Assurance service will satisfy given requirements for quality QC All contractor/vendor operational techniques and Contractor Contractor Contractor Quality Control activities that are performed or conducted to fulfill the contract requirements. Verification Sampling and testing performed to validate the Agency Agency Agency sampling and quality of the product. testing Mn/DOT Definition IAST The Independent Assurance Sampling and Testing Agency Contractor or Contractor or assures testers are sampling and testing properly Agency Agency and that equipment is calibrated correctly. Should unique circumstances arise on a project which makes the quantities or rates of testing materials impractical, they may be revised prior to performing the work by contacting the Pavement Management Unit and obtaining their approval. The testing rates shown are only minimums. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control III. Seal Coat Construction Items for 2356 Special Provisions (cont.) A. (2356) Bituminous Seal Coat (cont.) Page 19 SAMPLE SIZE: Mix Design: 150 lbs. Pay Item No. Test Type Spec. Quality Control (QC) Quality Assurance (QA) Form No. No. 2356 Seal Coat 2356 One per source Verify all QC results and Mix Design I review mix design. Gradation and Average gradation during i Aggregate Qualities production. % Shale Static Stripping Test Flakiness index Los Angeles Rattler Aggregate design application rate_ Bit. Material design application rate Loose unit mass (weight) of the aggregate Bulk specific gravity of the aggregate 2356 Seal Coat 2356 Aggregate Stockpile Test for gradation. One per day, or Test for gradation. One per Production one per 1360t (1500 tons), whichever day, or one per 1360t (1500 Gradation is greater. If a temporary stockpile is tons), whichever is greater. If a used, test at this location. temporary stockpile is used, test at this location. Construction Sample for gradation. One per day. Sample for gradation. One per Test if required by the Engineer. All day. Test if required by the samples shall be taken from chip Engineer. All samples shall be spreader hopper. taken from chip spreader hopper. 2356 Seal Coat Emulsion Use a Certified Source. Sample first shipment, then 2413 Asphalt submit one sample per 200 m3 Sample ID Application rate Verify the application rate daily by (50,000 gal.). Sample asphalt Card dividing the volume used by the area ' emulsion in plastic container covered. with wide screw top and send to Mn/DOT limmediately Chemical Lab. Fog Seal Emulsion Use a certified source. One sample to test for dilution 2413 Asphalt rate. Sample asphalt emulsion Sample ID in plastic container with wide Card screw top and immediately send to Mn/DOT Chemical Lab. Application rate Verify the application rate daily by dividing the volume used by the area covered. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control III. Seal Coat Construction Items for 2356 Special Provisions (cont.) S. (2356) Seal Coat — Micro -Surfacing Page20 SAMPLE SIZE: Mix Design: 150 lbs. Pay Item No. Test Type Spec. I Quality Control (QC) Verification Form No. No. 2356 Mix Design 2356 One per. source Verify all QC results and review mix design. Gradation and Average gradation during production. Aggregate Qualities Sand Equivalent Abrasion Resistance Soundness Asphalt Emulsion 3151 Certified Source Residue after Distillation Softening Point Penetration at 25C (77F) Absolute Viscosity at 60C (140F) Mix Design Wet Stripping Review test results Wet Track Abrasion Loss submitted in the mix design - one hour soak format required in the - six day soak special provision. Saturated Abrasion Compatibility Mix Time at 25C (77F) Mix Time at 37AC (IOOF) 2356 Aggregate Stockpile Test for gradation. One per day, or one per Production 1360t (1500 tons), whichever is greater. If a temporary stockpile is used, test at this location. Construction Sample for gradation, sand equivalence and Test for gradation. One per moisture content. One per 435.6 metric tons 1360t (1500 tons), If a (500tons), minimum of one per day. temporary stockpile is used, test at this location. Determine moisture content. One per day 2356 Micro Surfacing Use a Certified Source. Sample first shipment, then 2413 Emulsion submit one sample per 200 Asphalt m3 (50,000 gal.). Sample Sample Quantity Verify the quantity using equipment counter asphalt emulsion in plastic ID Card readings. container with wide screw top and immediately send to Mn/DOT Chemical Lab. Fog Seal Use a certified source. One sample to test for 2413 (when required) dilution rate. Sample Asphalt asphalt emulsion in plastic Sample container with wide screw ID Card top and immediately send to Mn/DOT Chemical Lab. Application rate Verify the application rate daily by dividing the volume used by the area covered. Mn/DOT SD -15 April 6, 2010 Schedule of Materials Control P a g e 21 IV. Concrete Construction Items (www.dot.state.mn.us/materials/concrete.html) The testing rates shown in this Schedule of Materials Control are minimums. All samples shall be taken in a random manner using an appropriate number generator. Take as many tests as necessary to ensure quality concrete. Field testing is required for small quantity concrete pours that are ¢ 20 m3 (yd) per day. Document quantities on Form 2448 Weekly Concrete Report. If concrete quantities on the entire project total < 100 m3 (y&), Form 02415 or Form 2403 Inspection Report for Small Quantities may be used. It is recommended that the Agency Plant Monitor be present during critical pours, such as superstructure or paving concrete (ie. 3Y33, 3Y36, 3Y46, 3A21). If any field test fails, reject the concrete or if the Producer makes adjustments to the load to meet requirements, record the adjustments on the Certificate of Compliance and the Weekly Concrete Report. Retest the load and record the adjusted test results. Make sure the next load is tested before it gets into the work. If batching adjustments are made at the plant, test the adjusted load, before it gets into the work. Continue to test the concrete when test results are inconsistent or marginal. The first load of concrete for any pour must have passing air content and slump results, prior to placing. Material not meeting requirements shall not knowingly be placed in the work. If failing concrete inadvertently gets placed in the work, either the Mn/DOT Standard Specifications for Construction or the Schedule of Price Reductions for Concrete address penalties. It is recommended that the Agency representative continually monitor the progress of all concrete pours in the field and review Certificates of Compliances. It is not a recommended practice to only perform minimum testing requirements and leave the pour. Should circumstances arise on a project which makes the testing rate impractical, contact the Concrete Engineering Unit. DEFINITIONS Description Sample Location Sample Taken By Sample Tested By Determined By QC Quality Control Testing performed by Contractor. Contractor Contractor Contractor Also known as Process Control Testing. QA Quality Assurance Testing performed by the Agency. Contractor Contractor Agency This test is performed on a companion sample to the Contractor's QC sample. Verification A sample to assure compliance of the Contractor's Agency Agency Agency Quality Control program. The results shall be included as part of the QA Testing Program. Verification A companion sample to the Agency's Verification Agency Agency Contractor Companion sample provided to the Contractor. The Contractor is required to test this sample. The results shall be used as part of the QC program. IAST The Independent Assurance Sampling and Testing Agency Contractor or Contractor or assures testers are sampling and testing properly and Agency Agency that equipment is calibrated correctly. 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Signed: (bidder or his authorized representative) SECTION 01 10 00 SUMMARY PART t GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. 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: Boone Avenue Improvements for the City of New Hope, Minnesota, City Project No. 883, State Aid Project No. 182-101-017. B. Description of Work: Project consists of reclaiming the bituminous pavement, spot replacement of water main and valves, spot replacement of sidewalk and concrete curb, and placing of new bituminous pavement. 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. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. If additional space is needed, obtain and pay for such space off Site. B. Access to Site I. Access to project area will be Boone Avenue North, 42nd Avenue North (Co. Rd. 9), and 49'�' Avenue North. 2. Construction traffic on other City owned residential streets will not be allowed. © 2011 Bonesbvo 1000034-10231-0 , `1 a 1.07 OTHER WORK AT SITE A. The installation and revision of electric power, telephone lines, gas lines, fiber optic, and cable TV by private utilities may occur. B. Allow private utility crews free access to the Site and a reasonable amount of time to complete their work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2011 $onestroo 1000034-10231-0 01 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 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. 1.04 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 Preconstrucction 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. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRIG AND PAYMENT PROCEDURES © 2011 Boneshoo 000034-10231-0 0120 00 -1 SECTION 01 31 00 PR03ECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. 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, Greg Piumedahl; 763-493-1670, fax: 763-493-1501. 5. Gas: CenterPoint Energy, Alla Denisova; 612-321-5077, fax: 612321-5480. 6. Telephone: Qwest, Steve Hotvedt; 612-381-5031, fax: 61-381-5571. 7. Cable TV: Comcast, Doug Zahn; 651-493-5316, fax: 651-493-5116. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the foilowing permits, which have been applied for and will be furnished by the Owner: 1. MPGA Stormwater Discharges Associated With Construction Activities NPDES General Permit. B. Apply for, obtain, and comply with other 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. 1.06 PROJECT MEETINGS A. Administrative Requirements © 2011 Bone&oo 1 000034-10231-0 PROJECT MANAGEMENT AND COORDINATION 013100-1 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. 1.07 CONSTRUCTION SCHEDULING A. The owner is very sensitive to the inconvenience each property owner will experience to construct this Project. The most frequent complaint received during this type of Project is the length of time for which streets, driveways, and boulevards are disturbed. Therefore, scheduling of Work, maintenance of local traffic, and timely repair of each driveway and yard are critical to the success of the Project. B. Resident notification of Work directly affecting their property is required for all situations. The Project Inspector may assist with notifying residents. However, it is the responsibility of the Contractor to ensure that residents are aware of issues such as access restrictions or disrupted water supply. C. Given the underlying soil type, conditions resulting from precipitation can be devastating to residents. Construction should be coordinated such that disturbed areas are minimized at any given time. D. Any additional costs associated with cold weather curing for concrete material will be the responsibility of the Contractor. PART 2 PRODUCTS Not Used. PART 3 EXIECLMON Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-10231-0 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 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 casts of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. 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 m 2011 Bonestroo 1000034-10231-0 SUBMITTAL PROCEDURES 0133 00 -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. Postai 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. ��— `— SUBMITTAL PROCEDURES © 2011 Bonestroo 1000034-10231-0 013300-2 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material and Safety Data Sheets for all chemicals and products on site. END OF SECTION © 2011 Bonesbw 1000034-10231-0 SUBM11TALPROCEDURES 013300-3 SECTION 01 40 00 QUALITY REQUIREMENTS PART1 GENERAL 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. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. © 2011 Boneshoo 1000034-10231-0 QUALM REQUIREMENTS 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. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2011 Bonesbw 000034-10231-0 01.400-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PARTY GENERAL 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 3123 00 - Excavation and FII. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. No Bid Item has been provided for Dewatering. Any dewatering required will be considered incidental to the Project with all costs included in the Base Bid. 3. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. 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 followina: 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 © 2011 Bonesbw 000034-10231-0 TEMPORARY FACILITIES AND CONTROLS 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 utilized. B. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Maul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS 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. Salvage and reinstall as necessary for the work all signs, mailboxes, posts, etc. that may be within the Site as directed by Engineer (Incidental). B. The salvage and reinstallation shall occur such that mail delivery is not interrupted. Signs, mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 000034-10231-0 015000-2 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 I. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. 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 I. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. General I. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Pian. 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. S. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor -shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: cU 2011 Bonestroo 1 000034-10231-0 0150 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. j. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors`, subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating lights - SAE Specification 1845. 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 required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used —° TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo . 000034-10231-0 015000-4 on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 5. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 6. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. 7. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non-compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. END OF SECTION TEMPORARY FACILITIES AND CONTROLS Q 2011 Bonestroo ; 000034-10231-0 015000-5 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? 0 Yes ❑ No Do any devices need repair? Q Yes C No Were all replaced or repaired? 0 Yes 5 No 2. Are any lights (flashers, etc) ❑ Yes `i NO not functioning? Were they ail replaced or repaired 7 Yes 0 No 3. Are any devices improperly placed? 0 Yes 13 No Were all positions corrected? ❑ Yes a No 4. Do any devices need cleaning? Yes 0 No Where all devices cleaned? C Yes Q No ADDITIONAL COMMENTS: The above check was completed by (name / title) on: at: ❑ AM ❑ PM (date) (time) SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 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. Protection of Catch Basin, Non -Paved Street: Measurement will be by each. b. Protection of Catch Basin, Paved Street: Measurement will be by each. 3. A Bid Item has been provided for Water for Dust Control. Measurement will be per 1,000 gallons (1000 Gal) applied to the street. Payment will constitute compensation in full for all Work and cost to furnish and install the Water. This Bid Unit Bid Item is intended to pay for water used for dust control only and only at those times that it is requested by either the Engineer or Owner a. Water used for the construction of the streets will be considered incidental to the Project. 4. 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 3123 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 © 2011 Bonestr�o J 000034-10231-0 0157 13 -1 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 0133 00. 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCKs Notice of Termination. B. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.21) and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project disturbs 1 or more acres of total land area. Co -submittal with the Owner of a completed NPDES application form for the MPCA's General Stormwater Permit for Construction Activity and the appropriate fees to the MPCA is required. Submit a copy of the completed, signed, and dated application form to Owner. B. Permit coverage will become effective 7 days after the postmarked date of the completed application form. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the 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 TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10231-0 0157 13-2 Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withholdpayment from related work until the control measures are undertaken by the Contractor I. 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. PART 2 PRODUCTS 2.01 SILT FENCE: CONFORM TO MNDOT SPEC. 3886. A. Machine sliced. 2.02 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.03 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5 — 100 -percent wood fiber mulch. 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: TEMPORARY EROSION AND SEDIMENT CONTROL © 201 i Bonestroo ' OD0034-10231-0 015713-3 a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 3890.3 subject to Site and approved by the Engineer. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 3/4 to 1-1/2 inches crushed or natural rounded aggregate. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock log(s) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 3891.3C: a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenterprises.net/). 4. Pop-up head conforming to MnDOT Spec. 3891.3E. 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 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. 2.08 TEMPORARY SEED A. Conform to Section 32 92 00. PART 3 (EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. TEMPORARY EROSION AND SEDIMENT CONTROL O 2011 Bonestroo 1000034-10231-0 015713-4 I. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.30. 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. Mulch I. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. E. Hydraulic Soil Stabilizer (Hydromulch) . 1. Apply hydromulch in conformance with MnDOT Spec. 2575.3H. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Application Rate for Slopes Steeper Than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 lbs per acre. F. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.33, and as modified below. 2. Install as directed by Engineer. 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 TEMPORARY EROSION AND SEDIMENT CONTROL © 2Dii Borstroo j 000034-10231-0 015713-5 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. Rapid Stabilization 1. Work to be performed under non-schedulable situations requiring rapid stabilization of small critical areas within 200 feet of surface waters to comply with permit requirements. 2. Methods per MnDOT Spec. 2575.3N with Seed Mix 100 or 110 replacing Seed Mix 190. 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. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 000034-10231-0 015713-6 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. B. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper (with Pickup Broom). Measurement will be by the units of hours for a sweeper and operator. 2. 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: I. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Schedules, guaranties, Bonds, certificates, certificated of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART Z 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. Q 2011 Bonestroo 000034-10231-0 EXECUTION REQUIREMENTS 017000-1 B. Install each element of work during weather conditions and Project status to ensure coordination of the Work. C. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146-1173 or by calling (651) 296-4444. END OF SECTION -- �� EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-10231-0 017000-2 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections I. Section 3123 00 — Excavation and FII. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Sawing Bituminous Pavement (Full Depth): Per lineal foot along the saw cut line as staked. b. Remove Bituminous Driveway Pavement: Per square yard without regard to thickness, including common excavation of subbase material. Measurement includes sawing bituminous driveway pavement at removal limits. c. Remove Concrete Walk: Per square yard of sidewalk without regard to thickness and includes common excavation of subbase material. Measurement includes sawing concrete walk at removal limits. d. Remove Curb and Gutter: Per lineal foot. Measurement includes sawing at removal limits. e. Remove Hydrant: Per each. City will pick up hydrants from site. f. Remove Manhole or Catch Basin: Per each, including casting and rings. g. Remove Casting: Per each, for structures not being replaced. Payment includes work associated with the removal of casting and all adjustment rings. h. Remove Water main: Per lineal foot of the type specified, measured from center of junction fittings. i. Remove Valve and Box: Per each. j. Salvage and reinstall signs and mailboxes 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. SELECTIVE SITE DEMOLITION © 2011 Boneshw 1 000034-10231-0 02 41 13 -1 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 3123 00. © 2011 Bonestroo 000034-10231-0 024113-2 3.02 EXAMINATION A. Meet with owners of signs to determine any requirements for salvage, storage, and replacement. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. 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. 2104.36, 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 (Incidental). B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximumfrom the back of new work and 6 inches beyond the edge of new driveways). 3.07 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. SELECTIVE SITE DEMOLITION cp 2011 Bonestroo 000034-10231-0 024113-3 B. Saw cut concrete surfacing prior to removal (Incidental). C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required W VI I11 fair i crr wi atrua`*civn /eee, immA 1 7 inches mnyimi Im fr2m the hark of np.w Wnrk tom.,,,......-,. and 6 inches beyond the edge of new driveways). F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.08 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer (Incidental). C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. E. When removing existing pathways and driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.09 REMOVE MANHOLES AND CATCHBASINS A. Remove entire structure, including base slab. 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. Mailboxes 1. Remove and salvage existing mailboxes that interfere with the Work or whose access is restricted by the construction activities. 2. Place at temporary locations as directed by Engineer. 3. Removal, temporary re -installation, and replacement shall occur such that mail delivery is not interrupted. 4. Reinstall as directed by Engineer. SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10231-0 024113-4 5. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 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. 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. END OF SECTION SELECTIVE SITE DEMOLITION © 2011 Bonesbw 1000034-10231-0 024113-5 SECTION 31 23 00 EXCAVATION AND FILL PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, and other areas. B. Related Sections 1. Section 0157 13 Temporary Erosion and Sediment Control. 2. Section 02 4113 - Selective Site Demolition. 3. Section 3123 13 Subgrade Preparation. 4. Section 33 05 05 - Trenching and Backfilling. 5. Section 32 92 00 - Turf and Grasses. 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 (P). Measurement will be by Plan Quantity, in cubic yards (EV) of excess reclaimed bituminous material calculated at a depth of 8" over the entire area of pavement removed. 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 Special (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Select Topsoil Borrow Special 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. 3877 - Topsoil Borrow. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Select Topsoil Borrow Special test indicating material content, organic content, and ph levels. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein: 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. p 2011 Boneabw 1000034-10231-0 EXCAVATION AND FILL 312300-1 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 2 PRODUCTS 2.01 MATERIALS A. Salvaged Aggregate: Conform to MnDOT Spec. 3149.2A. B. Aggregate Backfill: Conform to MnDOT Spec. 3149.2E. C. Select Topsoil Borrow Special: Conform to MnDOT Spec 3877.26 except as modified herein: 1. Topsoil shall be screened and pulverized. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 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. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3B, or as modified herein: 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 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. © 2011 Bonestro01 000034-10231-0 ? IN _°" 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 cross-sectioned to determine quantities. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31), 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: I. 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. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of granular borrow prior to placement of an aggregate base shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. EXCAVATION AND FILL © 2011 Bomstroo 1000034-10231-0 312300-3 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION O 2011 Bonestroo 000034-10231-0 31 � 3 0 � SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 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. Payment at the Bid Unit Price shall include all costs related to performing the Work in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. 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. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate base course, concrete curb and gutter, and bituminous pavement. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross- section. SUBGRADE I '� © 2011 Bonesbw 1000034-10231-0 312313- 3-1 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein: 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1/2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F1, 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 upon request and written approval by the Engineer. 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. END OF SECTION © 2011 Bonestroo 1000034-10231-0 SUBGRADE PREPARATION 312313-2 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on subgrade. B. Related Sections 1. Section 3123 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 C 2011 Bonestrw 1 000034-10231-0 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. C. Reclaim the existing pavement and aggregate base in accordance with Section 32 1125. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3C 1. Compaction shall be done by the Penetration Index Method. 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 eliminating nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2011 Bonestroo 1 000034-10231-0 321123-2 SECTION 32 11 25 FULL DEPTH RECLAMATION PART t GENERAL 1.01 SUMMARY A. Section Includes 1. Reclamation of the existing bituminous surfacing and a portion of the existing base material. B. Related Sections 1. Section 3123 00 — Excavation and FII. 2. Section 3123 13 — Subgrade Preparation. 3. Section 32 1123 — Aggregate Base Courses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Reclaim Bituminous Pavement. Measurement will be by the square yard, based on the width of the existing street. a. Payment for leveling and compaction of the material immediately after it is reclaimed is to be included in the Bid Unit Price per square yard. b. The Bid Unit Price is to include the motor grader and any water necessary to maintain the parking lot until paved. 2. Removal of excess material will be paid 1 of 2 ways: a. If the reclaim material is salvaged and used as Aggregate Base, Class 5, the measured amount of material salvaged and reused will be paid in accordance with Section 32 1123. b. If the reclaim material is hauled directly from the Site or used for access maintenance somewhere within the Project area, the amount hauled away will be paid in accordance with Section 3123 00. 3. Finish grading and tolerancing prior to paving is considered incidental to the reclamation. 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. 1.04 SEQUENCING AND SCHEDULING A. Reclamation will be performed if pavement removal is not required. B. Compaction of the reclaimed material by rubber -tired roller is required immediately following the reclamation process, and before excavation and removal of excess material. C 2011 Bonestroo 1 000034-10231-0 FULL DEPTH RECLAMATION 321125-1 PART 2 PRODUCTS 2.01 MATERIALS 1. Not used. PART 3 EXECUTION 3.01 GENERAL A. Create an aggregate base course composed of the existing bituminous pavement, the depth of add rock required, and a portion of the existing subgrade material. B. The top 8 inches, or as specified on the Drawings, of the reclaimed material will need to be excavated and removed to allow for new bituminous pavement. 3.02 PREPARATION A. The Contractor is to provide a 48 -hours notice prior to beginning the reclamation process. 3.03 EQUIPMENT A. Contractor to notify the Engineer of the equipment to be used at the preconstruction conference. 1. Equipment to be hydrostatically driven. 2. Computerized operation controls. 3. Capable of cutting up to a 14 inch depth in i pass. 3.04 THICKNESS REQUIREMENTS A. Typical Reclaimed Section 1. Approximately consists of 8 to 10 inches of bituminous and 6 inches of subgrade material for a total of 14 to 16 inches. 2. Rotating cutter drum to operate parallel to the existing road surface, providing a uniform section across the entire roadway. 3. The reclaimed depth is anticipated to be 14 inches, however, variations may occur. END OF SECTION © 2011 Bonestroo1 000034-10231-0 FULL DEPTH RECLAMATION 321125-2 SECTION 32 12 02 FLEXIBLE PAVING (STATE AID PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 32 1123 - 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 Items have been provided for Type SP 12.5 Non Wearing Course Mixture (3,B), Type SP 12.5 Wearing Course Mixture (3,E) 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 both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. d. The Contractor shall note that all bituminous non wearing course is to be constructed in 2011 and all bituminous wear course is to be constructed in 2012. All costs associated with the required bituminous construction phasing will be considered incidental to the Project. 4. Preparation of Bituminous Non Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean up of the bituminous non wearing course with a power pickup broom. b. Final adjustment of the structures to conform to Section 33 05 17. 5. A Bid Item has been provided for Patch Bituminous Driveway. Measurement shall be on the basis of in-place square yard. © 2011 Bonesbvo 1 000034-10231-0 FLEXIBLE PAVING (STATE AID PROJECTS) 321202-1 a. Payment of the Bid Item shall include the following: 1) Bituminous wearing course mixture. 2) Subgrade and base preparation. 3) Aggregate base, class 5. 4) Placement and compaction of materials. 5) Backfilling. 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. 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. 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 2012 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.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. O 2011 Bonestroo 1 000034-10231-0 32 1.2 021 - 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. G. Patch Bituminous Driveway: Type 9.5 Wearing Course Mixture (SPWEA230B). PART 3 EXECUTION 3.01 GENERAL 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 sawcuting 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 2360.56, 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. © 2011 Boneshno 1 00003410231-0 FLEXIBLE PAVING (STATE AID PROJECTS) 321202-3 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. 2321.30. 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. 2. All other Pavement Density shall conform to Section 2360.66 — Maximum Density Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein 1. Structure Adjustment — Conform to Section 33 05 17 for tolerances. END OF SECTION FLEXIBLE RA"'IN (STATE AID i RONECT-S) © 2011 $onestroo 1000034-10231-0 321202-4 2360 PLANT MMD ASPHALT PAVEMENT Gyratory Design Specification February 1, 2010 This Specification requires the Contractor to provide a mix that complies with all of the design, production, and placement requirements of the specification. The Department does not make any guaranty or warranty, either express or implied, that compliance with one part of this specification guarantees that the Contractor will meet the other aspects of the specification. 2360.1 DESCRIPTION This work consists of the construction of one or more pavement courses of hot plant mixed asphalt -aggregate mixture on the approved prepared foundation, base course or existing surface in accordance with the specifications and in conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or established by the Engineer. Mixture design will be 2360 (gyratory) as described in the Special Provisions through the mixture designation. A Mixture Designations Mixture designations for asphalt mixtures contain the following information: (1) The first two letters indicate the mixture design type: SP = Gyratory Mixture Design SM = Gyratory Mixture Design for Stone Matrix Asphalt (SMA) (2) The third and fourth letters indicate the course: WE = Wearing and Shoulder Wearing Course NW = Non -Wearing Course (3) The fifth letter indicates the maximum aggregate size*: A = 112 inch [12.5mm], SP 9.5 B = 314 inch [19.0mm], SP 12.5 C = 1 inch [25.Omm], SP 19.0 D = 3/8 inch [9.5mm], SP 4.75 E = See provision for SMA design (4) For Gyratory Design: The sixth digit indicates the Traffic Level (ESAL's x 106) The requirements for gyratory mixtures in this specification are based on the 20 -year design traffic level of the Project expressed in Equivalent Single Axle Loads (ESAL's). The five traffic levels are shown below in Table 2360.1-A. Table 2360.1-A Traffic Levels Traffic Level 20 Year Design ESAL's 1 x 10 ESAL's 21 <1 32 1to<3 4 3to<10 5 10 to < 30 6 SMA 1 -- (AADT < 2300) 2 -- (2300< AADT <6000) Page 1 of 50 2360 Specification February 1, 2010 (5) The last two digits indicate the air void requirement: 40 = 4.0% for SP and SM Wear mixtures 30 = 3.0% for SP Non -Wear and Shoulder (6) The letter at the end of the mixture designation identifies the asphalt binder grade: Standard Grades B = PG 58-28 C = PG 58-34 E = PG 64-28 F = PG 64-34 L = PG 64-22 Specialty Grades A = PG 52-34 H = PG 70-28 Ex: Gyratory Mixture Designation -- SPWEB540E (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) Ex: SMA Mixture Designation -- SMWEE640H (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) B Minimum Lift thickness Minimum design recommended paving lift thickness based on maximum aggregate size are: Aggregate Size D: Minimum Lift thickness = 1/2 inch [12 mm] Aggregate Size A: Minimum Lift thickness = 1 inch [25 mm] Aggregate Size B: Minimum Lift thickness = 1 1/z inch [40 mm] Aggregate Size C (for non -wear only): Minimum Lift thickness = 2 %z inch [65 nun] 2360.2 MATERIALS A Aggregate Al General The aggregate shall consist of sound, durable particles of gravel and sand, crushed stone and sand, or combinations thereof It shall be free of objectionable matter such as metal, glass, wood, plastic, brick, rubber, and any other material having similar characteristics. Coarse aggregate shall be free from coatings of clay and silt to the satisfaction of the Engineer. The Contractor shall not compensate for the lack of fines by adding soil materials such as clay, loarn, or silt. Overburden shall not be blended into the asphalt aggregate. Each different material (source, class, kind, or size) shall be fed at a uniform rate from its storage unit. An individual source, class, type, or size of material shall not be stockpile blended with another source, class, type or size of material. A2 Classification The aggregate shall conform to one of the following classifications. The class of aggregate to be used shall be the Contractor's option unless otherwise specified in the Contract. Ata Class A Class A aggregate shall consist of crushed igneous bedrock (specifically; basalt, gabbro, granite, gneiss, rhyolite, diorite and andosite) and rock from the Sioux Quartzite Formation. Other igneous or metamorphic rock may be used with specific approval of the Engineer. Class A materials may contain no more than 4.0% non -Class A aggregate. This recognizes the fact that some quarries may contain small pockets of non -Class A material within that source. Intentional blending or addition of non -Class A material is strictly prohibited! Page 2 of 50 2360 Specification February 1, 2010 Alb Class B Class B aggregate shall consist of crushed rock from all other bedrock sources such as carbonate and metamorphic rocks. (Schist) A2c Class C Class C aggregate shall consist of natural or partly crushed natural gravel obtained from a natural gravel deposit: AM Class D CIass D aggregate shall consist of 100 percent crushed natural gravel. The crushed gravel shall be produced from material retained on a square mesh sieve having an opening at least twice as large as the Specification permits for the maximum size of the aggregate in the composite asphalt mixture. The amount of carryover (material finer than) the selected screen shall not exceed ten percent. Ate Class E Class E aggregate shall consist of a mixture of any two or more of the above classes of approved aggregate (A, B, and D). The use of Class E aggregate, as well as the relative proportions of the different constituent aggregates, shall be subject to the approval of the Engineer. The relative proportions of the constituent aggregates shall be accurately controlled either by the use of a blending belt approved by the Engineer prior to production or by separately weighing each aggregate during batching operations. Alf Steel Slag Steel slag may not exceed 25 percent of the mass of the total aggregate. Steel slag shall be free of metallics and other mill waste. Stockpiles will be accepted for use if the total expansion, determined by ASTM D4792, is less than 0.50%. A2g Taconite Tailings (TT) Taconite tailings shall be obtained from ore that is mined westerly of a north -south line located east of Biwabik, Mn (R15W-R16W); except that taconite tailings from ore mined in southwestern Wisconsin will also be permitted for use. Approved taconite tailing sources are on file with the Department Bituminous Engineer. A2h Recycled Asphalt Shingles (RAS) RAS may be included in the mixture to a maximum of 5 percent of the total weight of mixture as shown in Table 2360.3-B2a. Either manufactured waste scrap asphalt shingles (MWSS) or tear -off scrap asphalt shingles (TOSS) may be included in the mixture. The percentage of RAS used will be considered part of the maximum allowable RAP percentage. Refer to Section 2360.2 G1 to select a virgin asphalt binder grade. The ratio of added new asphalt binder to total asphalt binder shall be 70% or greater ((added binder/total binder) x 100 >= 70). A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. All RAS materials shall be processed to meet the following gradation requirements: Gradation %passing) Sieve Size inch mm %gassing) 112 inch 12.5 100 #4 [4.751 90 Page 3 of 50 2360 Specification February 1, 2010 To conduct the gradation testing, a 500-700 gram sample of processed shingle material is air dried and then dry sieved over the 112" and #4 sieves and then weighed. Shingle asphalt binder content is to be determined by chemical extraction, MnDOT Lab Procedure 1851 or 1852. An aggregate bulk specific gravity (Gsb) of 2.650 may be used in lieu of determining the shingle aggregate Gsb by Mn/DOT 1205 (AASHTO T84). RAS shall not contain extraneous waste materials. Extraneous materials including, but not limited to, metals, glass, rubber, nails, soil, brick, tars, paper, wood, and plastics shall not exceed 0.5 percent by weight as determined on material retained on the No. 4 (4.75 -mm) sieve. To conduct deleterious material testing, a 500-700 gram sample of processed shingle material is sieved on the #4 sieve and any extraneous waste material is picked and weighed. RAS shall be stockpiled separate from other salvage material. Blending of RAS in a stockpile with other salvage material is prohibited. Blending of MWSS and TOSS is not allowed. Blending of a virgin sand material with the processed shingles, to minimize agglomeration of the shingle material, is allowed, but, the blended sand must be accounted for in the mixture design. Before a Mixture Design Report for a particular mixture is authorized, the following shall be submitted, along with materials and paperwork required by 2360.3: 1. Certification, of the RAS, by the processor. Certification forms for both MWSS and TOSS are located on the Bituminous Office website at: www.dot.state.nm.us/materials/biwminous.html AN Crushed Concrete and Salvaged Aggregate Crushed concrete is allowed as an aggregate source for up to 50 percent of the aggregate in non -wear mixtures. Crushed concrete is not allowed in wearing courses. Salvaged aggregate is allowed as an aggregate source for up to 100 percent of the aggregate in wear and non -wear mixtures. All salvaged aggregate shall be stockpiled uniformly to limit variation in mixture properties. Salvaged aggregates shall meet quality and crushing requirements as specified herein. A2j Sewage Sludge Ash (SSA) Sewage sludge ash is allowed as an aggregate source in both wear and non -wear courses to ;i maximum of 5 percent of the total weight of mixture. Only SSA that meets the Tier 11 hazard evaluation criteria as approved by Mn/DOT's Office of Environmental Services, Environmental Analysis Section, will be allowed for use in the mixture. Approved waste incinerator ash sources are on file with the Department Bituminous Engineer. A3 Recycled Asphaltic Pavement Materials (RAP) The combined RAP and virgin aggregate shall meet the composite coarse and fine aggregate angularity for the mixture being produced. RAP containing any objectionable material, i.e., road tar, metal, glass, wood, plastic, brick, fabric, or any other objectionable material having similar characteristics will not be permitted for use in the asphalt pavement mixture. 1851 or 1852. Asphalt binder content in the RAP shall be determined according to Mn/DOT Lab Manual Method Page 4 of 50 2360 Specification February 1, 2010 B Manufactured Crushed Fines (4 material) All Class A, B, D, and E material that passes the #4 [4.75 mm] screen will be considered as crushed fines. Manufactured Crushed Fines (-4 material) from Class C Aggregate. Produce manufactured crushed fines (4 material) from a gravel source by passing the gravel over a selected screen, 318 inch [9.5 mm] or larger, prior to mechanical crushing. The material which passes the 3/8 inch [9.5 nun] screen shall not be incorporated into the manufactured crushed fines but may be used as it qualifies for natural sand. The amount of carryover (material finer than) the selected screen shall not exceed ten percent. The material retained on the 318 inch [9.5 mm] screen shall be crushed. The material that passes the #4 [4.75 mm] screen, after crushing, will be considered as 100% crushed fines. Material retained on the #4 [4.75 mm] screen after crushing will not be counted as +4 crushing until tested. C Quality Requirements ClLos Angeles Rattler Test.......................................................................................... AASHTO T96 The Los Angeles Rattler loss on the coarse aggregate fraction (material retained on the #4 [4.75 mm] sieve shall not exceed 40 percent for any individual source used within the mix. An aggregate proportion which passes the #4 [4.75 mm] sieve and exceeds 40 percent LAR loss on the coarse aggregate fraction is prohibited from use in the mixture. C2Soundness (Magnesium Sulfate)........................................................................... AASHTO T104 The magnesium sulfate soundness loss at 5 cycles on the coarse aggregate fraction (material retained on the #4 [4.75 mm]) shall not exceed the following for any individual source used within the mix: * a) leo more than 14 % loss on the 314 inch [19 mm] to 112 inch [12.5 mm] and larger fractions. b) No more than 18% loss on the 112 inch [12.5 mm] to 3/8 inch [9.5 mm] fraction. c) No more than 23% loss on the 318 inch [9.5 mm] to #4 [4.75 mm] fraction. d) No more than 18% for the composite loss. (Applies only if all three size fractions are tested). * 1) If the composite requirement is met but one or more individual components do not, the source may be accepted if no individual component is more than 110% of the requirement for that component. 2) If each individual component requirement is met but the composite does not, the source may be accepted if the composite is no greater than 110% of the requirement. Coarse aggregate that exceeds the requirements listed above shall not be processed for use as minus #4 [4.75 mm] material. C3 Spall Materials and Lumps.......................................................... Mn/DOT Laboratory Manual Spall is defined as shale, iron oxide, unsound cherts, pyrite, highly weathered and/or soft phyIlite and argillite (may be scratched with a brass pencil), and other materials having similar characteristics. Lumps are defined as loosely bonded aggregations and clayey masses. If the percent of lumps measured in the stockpile or cold feed exceed the values listed below, asphalt production shall cease and compliance shall be determined by dry batching. This procedure may be repeated at any time at the discretion of the Engineer. Maximum limits for Spall and lumps, expressed as percentages by mass, are listed in Table 2360.3-B2a. Page 5 of 50 2360 Specification February 1, 2010 C4Insoluble Residue Test................................................................... Mn/DOT Laboratory Manual If Class B carbonate material is used in the mix, the minus #200 [0.075 mm] sieve size portion of the insoluble residue shall not exceed 10 percent. D Aggregate Restrictions Class B carbonate aggregate restrictions are specified in Table 2360.3-132a. E Gradation Requirement The coarse and fine aggregate shall be combined in such proportions to produce an asphalt mixture meeting all of the requirements defined in this specification and shall conform to the gradation as defined in Table 2360.2-E. Gradation testing shall be conducted in accordance with AASHTO T-11 (4200 [-0.075 nun] wash) and T-27. Table 2360.2-E Aggregate Gradation Broad Bands (0/ naccinu of tntal washed gradation) Sieve Size inch mm A------ B - C D E SMA 1 inch [25.01 100 See SMA Provisions 314 inch 19.0 100 85-100 112 inch f 12.51 100 85-100 45-90 3/8 inch 9.5 85-100 35-90 - 100 44 4.75 25-90 30-80 30-75 65-95 #8 2.36 20-70 25-65 25-60 45-80 #200 rO.0751 2.0-7.0 2.0-7.0 2.0-7.0 3.0-8.0 (1) The gradation broadband for the maximum aggregate size may be reduced to 97% passing for mixtures containing RAP, when the oversize material is suspected to come from the RAP source. The virgin material must remain 100% passing the maximum aggregate sieve size. F Additives An additive is any material added to an asphalt mixture or material, such as mineral filler, hydrated lime, asphalt additives, anti -strip, and similar products that do not have a specific pay item. When a Contract requires additives, compensation is included with the pay items for the appropriate mixture. If the Engineer directs the Contractor to incorporate additives, the compensation will be as Extra Work, at the unit price specified in the proposal. The Department will not compensate the Contractor for additives incorporated at the Contractor's option. Additives will not be incorporated into the mixture without approval of the Engineer. Anti -foaming agents shall be added to asphalt cement at the manufacturer's recommended dosage rate. Mineral filler and hydrated lime may be added in a quantity not to exceed 5 percent and 2 percent, respectively, of the total mass of the aggregate. The combination of mineral filler and hydrated lime shall not exceed 5 percent of the total mass of aggregate. The Engineer will approve or disapprove methods for addition of additives. F1Mineral Filler............................................................................................................................3145 F2Hydrated Lime..........................................................................................................................3145 Hydrated lime used in asphalt mixtures shall meet the requirements of ASTM C977 and have a maximum of eight percent unhydrated oxides (as received basis). The method of introducing and mixing the hydrated lime and aggregate shall be subject to approval by the Engineer prior to beginning mixture production. Page 6 of 50 2360 Specification February 1, 2010 F3 Liquid Anti -Stripping Additive When a liquid anti -strip additive is added to the asphalt binder, blending shall be completed before the asphalt binder is mixed with the aggregate. Liquid anti -strip additives that alter the asphalt binder, such that it fails to meet the Performance Grade (PG) requirements, shall not be used. Liquid anti -strip may be added by the supplier at the refinery or by the Contractor at the plant site. The company/supplier adding the additive shall be responsible for testing the binder/additive blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder. No paving will be allowed until the asphalt binder/additive blend has been tested and results show that binder/additive blend properties meet the criteria in Section 2360.2G. The testing shall be done in accordance with a Mn/DOT approved Asphalt Binder QC Plan. Requirements for the Asphalt Binder QC Plan are on file in the Bituminous Office. The following requirements for HMA mixture and asphalt binder must also be met when liquid anti -strip is added at the HMA plant site. Mixture Requirements at Design: 1) The Contractor must design the mixture with the same asphalt binder that will be supplied to the plant site. (Both Laboratory Mixture Design (Option 1) and Modified Mixture Design (Option 2). 2) The Contractor must provide documentation with either design option that includes Tensile Strength Ratio results with the liquid anti -strip dosed at the optimal rate. Documentation must include verification the binder/additive blend meets AASHTO M 320 at the optimal dose rate. Contractor Production TestinLy Requirements for Asphalt Binder/Li uid Anti -Strip Blend: 1) The Contractor shall, on a daily basis, sample and test the asphalt binder/anti-strip blend. Testing of the blend can be by viscosity, penetration, or dynamic shear rheometer (DSR). When a polymer modified asphalt binder is specified, the Contractor shall use the DSR as the daily QC test. 2) The Contractor shall, on a weekly basis, send the Engineer and Mn/DOT Chemical Laboratory Director a weekly QC report summarizing the results of the daily testing as required in number 1. 3) The Contractor shall, on a bi-weekly basis, test the binder/anti-strip blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder (minimum I/project). Test results shall be sent to the Engineer and Mn/DOT Chemical Laboratory Director. 4) In addition to the sampling requirements listed above, the Contractor shall obtain asphalt binder/anti-strip blend field verification samples according to 2360.4 E12. Li uid Anti-St[W Additive Metering S m: 1) The metering system shall include a liquid anti -strip flow meter in addition to an anti -strip pump. The flow meter shall be connected to the liquid anti -strip supply to measure and display only the anti -strip being fed to the asphalt binder. 2) The meter readout shall be positioned for convenient observation. 3) There shall be a means provided for comparing the flow meter readout with the calculated output of the anti -strip pump. See number 7. 4) The system shall display in units of gallons [liters] to the nearest gallon [liter] or in units of tons [metric tons] to the nearest 0.001 tons [0.001 metric tons], the accumulated anti -strip quantity being delivered to the mixer unit. 5) The system shall be calibrated and adjusted to maintain an accuracy of t one percent error. 6) Calibration shall be required for each plant set-up prior to production of mixture. 7) The Engineer may require, on a daily basis, the Contractor "stick" the anti -strip tank at the end of the days production to verify anti -strip usage quantities. 8) The system shall provide for a convenient method for sampling the binder/anti-strip after blending has occurred. 9) Alternative blending and metering systems must be pre -approved by the Engineer Page 7 of 50 2360 Specification February 1, 2010 F4 Coating and Anti -Stripping Additive......................................................................................3161 GAsphalt Binder Material.........:............................................................................ AASHTO M 320 Asphalt binder material shall meet the requirements of PG asphalt binder testing tolerances, sampling rates, testing procedures, and acceptance criteria based on the most current Mn/DOT Technical Memorandum, titled "Inspection, Sampling, and Acceptance of Bituminous Materials." The PG asphalt binder cannot be modified with air blowing procedures unless the Department Bituminous Engineer approves it. The Contractor shall not use petroleum distillates such as fuel oil, diesel fuel or other fuels in the asphalt tanks. A statement shall be provided by the supplier for recommended laboratory mixing and compaction temperatures and field maximum mixing and compaction temperatures. G1 Asphalt Binder Selection Criteria for All Mixtures with RAP Specified PG Asphalt Binder Grade RAP Percenta e 5 20% RAP > 20% RAP PG XX -28 & PG 52-34 Use Specified Grade Use Specified Grade PG XX -34 Use Specified Grade Use Blending Chart* *The use of a blending chart, to verify compliance with the specified binder grade, is required when RAP is > 20%. Blending chart procedure is on file in the MnDOT Chemical Laboratory. Mn/DOT may take production samples for information/verification of compliance with the specified asphalt binder grade. 2360.3 MIXTURE DESIGN A Mixture Design General The asphalt mix may be designed using one of the following two Contractor trial mix design options as described in 2360.3B and 2360.31). Review of mixture designs will be performed in the District Materials Laboratory where the Project is located. All mixture design test results, documentation, aggregate material samples, and mixture samples, as required by the trial mix design option, shall be submitted to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). Unless otherwise authorized by the District Materials Engineer, the addition of aggregates and materials not included in the original mixture submittal is prohibited. It is the Contractor's responsibility to design a gyratory mixture in accordance with the most current AASHTO T-312 (Mn/DOT modified), the Asphalt Institute's Superpave Mix Design Manual SP -2 (2 -hour short term aging period is used for volumetric), and the Mn/DOT Laboratory Manual such that it meets the requirements of this specification. B Laboratory Mixture Design (Option 1) To verify Laboratory Mixture Design compliance with these specifications, the Contractor shall submit mixture design test results and documentation as described in Section 2360.3C and the materials described below to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). The District Materials Engineer (Department Bituminous Engineer) will issue a Mixture Design Report when the mixture design has been successfully verified. B1 Aggregate sample At least 15 working days prior to the start of asphalt production, the Contractor shall submit aggregate samples for quality testing. An 80 pound [35 kg] sample of representative aggregate retained on the #4 sieve [4.75 nun] and a 35 pound [15 kg] sample of material passing the #4 sieve [4.75 mm]shall be submitted to Page 8 of 50 2360 Specification February 1, 2010 the District Materials Laboratory where the Project is located (Bituminous Engineer in Metro area). In addition to the preceding requirements the Contractor shall also submit an SO pound [35 kg] sample of representative RAP material and/or a 10 pound [5 kg] sample of representative RAS material when the mixture includes asphaltic recycled materials. The Contractor shall provide 24 hour notice of intent to sample aggregates. These samples will be tested for quality of each source, class, type, and size of virgin and non -asphaltic salvage aggregate source used in the mix design. The Contractor shall retain a companion sample of equal size until a Mixture Design Report is issued. Quality requirements are defined in Section 2360.2C. Aggregates that require the magnesium sulfate soundness test shall be submitted to the Department Bituminous Engineer or District Materials Engineer at least 30 calendar days prior to the start of asphalt production. Dispute resolution procedures for aggregate qualities are on file in the Bituminous Office. B2 Mixture sample At least 7 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (JMF) for each combination of aggregates to be used in the mixture. The JMF will be reviewed in the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). A Level II Quality Management mix designer must sign the proposed JMF. For each JMF submitted, the Contractor shall include test data to demonstrate conformance to mixture properties as specified in Table's 2360.3-B2b and 2360.3-132c. The proposed JMF shall be submitted on forms approved by the Department. In addition, the Contractor shall submit an uncompacted mixture sample plus briquettes compacted at the optimum asphalt content and required compactive effort conforming to the JMF for laboratory examination and evaluation. Mixture sample size and number of compacted briquettes are as follows: Table 2360.3-B2 Mixture Sample Requirements Item Gvratory DesiLyn Un -compacted Mixture Sample Size 75 pounds 30 K Number of compacted briquettes 2 132a Mixture Aggregate Requirements The aggregate fractions shall be sized, graded, and combined in such proportions that the resulting mixture will meet the requirements listed in Section 2360.2-E and Table 2360.3-B2a shown below. Page 9 of 50 2360 Specification February 1, 2010 Table 2360.3-B2a Mixlnre Aggregate Requirements (1) When shingles are included as part of the allowable RAP percentage in Traffic Level 2, 3, 4, or 5 mixtures the ratio of added new asphalt binder to total asphalt binder shall be 70% or greater ((added binder/total binder) x 100 >= 70). A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. (2) MWSS is manufactured waste scrap shingle and TOSS is tear -off scrap shingle. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the corresponding requirements listed in Table 2360.3-B2b and Table 2360.3-B2c. Page 10 of 50 'Traffic Traffic Traffic Traffic SMA Aggregate Blend Property Level 2 Level 3 Level 4 Level 5 T. Level 6 3- 10 10 — 30 See SMA 20 year Desi ESAL's Y Design <1 million 1 - 3 million million million Provisions Min. Coarse Aggregate Angularity (ASTM D5821) 30/- 55/- 85/80 95/90 - (one face / two face), %- Wear 301- 55/- 601- 80/75 one face 1 two face),%- Non -Wear Min. Fine Aggregate Angularity (FAA) (AASHTO T304, Method A) %- Wear 40(2) 42 44 45 - %-Non-Wear 4012) 40 40 40 Flat and Elongated Particles, max % by 10 10 10 _ weight, ASTM D 4791 - 5:1 ratio 5:1 ratio 5:1 ratio Min. Sand E uivalet AASHTO T 176 - - 45 45 - Max. Total Spall in fraction retained on the #4 [4.75mm] sieve — Wear 5.0 2.5 1.0 1.0 - Non -Wear 5.0 5.0 2.5 2.5 Maximum Spall Content in Total Sample — Wear 5.0 5.0 1.0 1.0 - Non -Wear 5.0 5.0 2.5 2.5 Maximum Percent Lumps in fraction 0.5 0.5 0.5 0.5 - retained on the #4 4.75mm sieve Class B Carbonate Restrictions Maximum% 44 [-4.75mm] _ Final Lift/All other Lifts 1001100 1001100 80180 50/80 Maximum% +#4 [+4.75mm] _ Final Lift/All other Lifts 100/100 100/100 501100 0/100 Max. allowable RAP percentage 30/40 30130 30/30 30130 - Wear / Non Wear Max. allowable scrap shingles--MWSS 515 515 5/5 515 - Wear/Non Wear Max. allowable scrap shingles —TOSS 5/5 515 015 010 - Final Lift/All other Lifts (1) When shingles are included as part of the allowable RAP percentage in Traffic Level 2, 3, 4, or 5 mixtures the ratio of added new asphalt binder to total asphalt binder shall be 70% or greater ((added binder/total binder) x 100 >= 70). A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. (2) MWSS is manufactured waste scrap shingle and TOSS is tear -off scrap shingle. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the corresponding requirements listed in Table 2360.3-B2b and Table 2360.3-B2c. Page 10 of 50 2360 Specification February 1, 2010 Table 2360.3-B2b Mixture Re uirements (1) See Section 2360.4 E9. Use 6 inch [150mm) specimens. (2) MWDOT Min = 65,(3) Mn/DOT Min = 70 B2e Primary Control Sieve The primary control sieve is used to define coarse and fine graded mixtures. The determination of coarse and fine graded mixtures will be based on the percentage of material passing the #8 [2.365 mm] sieve as shown below in Table 2360.3-132c. Table 2360.3-B2c Primary Control Sieve Table Gradation Traffic Level Traffic Level Traffic Level Traffic Level SMA B 2 3 4 5 T. Level 6 20 year Design ESAL's < 1 million 1 - 3 million 3 - 10 million 10-30 See SMA million Provisions rovisionsG Gyratory rato Mixture Requirements - Gyrations for N&81 40 60 90 100 %Air Voids at Nd.s;g„ -- Wear 4.0 4.0 4.0 4.0 %Air Voids at Nd.;s,,, -- Non -Wear & 3.0 3.0 3.0 3.0 All Shoulder Adjusted Asphalt Film Thickness, micron (P), min 8.5 8.5 8.5 8.5 Tensile StrenA Ratio (1), min% 75(2) 75 80 80(3 Fines/Effective Asphalt 0.6-1.2 0.6-1.2 0.6-1.2 0.6-1.2 (1) See Section 2360.4 E9. Use 6 inch [150mm) specimens. (2) MWDOT Min = 65,(3) Mn/DOT Min = 70 B2e Primary Control Sieve The primary control sieve is used to define coarse and fine graded mixtures. The determination of coarse and fine graded mixtures will be based on the percentage of material passing the #8 [2.365 mm] sieve as shown below in Table 2360.3-132c. Table 2360.3-B2c Primary Control Sieve Table Gradation Fine Mixture % Pass #8 2.36 mm Coarse Mixture % Pass #8 2.36 mm A > 47 < 47 B > 39 <39 C > 35 <35 D----- ----- 132d Adjusted Asphalt Film Thickness (Adj. AFT) The adjusted asphalt film thickness of the mixture at design and during production shall meet the minimum criteria as shown in Table 2360.3-132b. Adjusted Asphalt Film Thickness is based on the calculated aggregate surface area (SA) and the effective asphalt binder content. The procedure for calculating Adj. AFT is outlined below: 132d (1) Aggregate Surface Area (SA) The aggregate surface area (SA) is calculated by using the following formula �*: Where: SA = 2 + 0.02a + 0.04b + 0.08c + 0. 14d + 0.30c + 0.60f + 1.608 SA = Aggregate Surface Area in SF/ib. of dry aggregate a, b, c, d, e, f and g are the percent of total aggregate passing the #4, #8, #16, #30, #50, #100 and #200 sieves, respectively. The percent passing each of the sieves shall be rounded to the nearest 1 percent, except for the #200 sieve, which shall be rounded to the nearest 0.1 percent. Page 11 of 50 2360 Specification February 1, 2010 (1) Mixtures with a combined (-) #4 Gab less than 2.580, or greater than 2.700, will have the calculated SA adjusted accordingly. The SA will be increased for mixtures with a combined (-) #4 Gab less than 2.580, and decreased for mixtures with a combined (-) #4 Gab greater than 2.700. The SA adjustment procedure is as follows: Adjusted SA = SA x (2.650 _ Mixture (-) #4 Gab). There will be no SA adjustment for mixtures with a combined (-) #4 Geb between 2.580 and 2.700. 132d (2) Adjusted Asphalt Film Thickness (Adj. AFT) Adjusted Asphalt Film Thickness is calculated as follows: Adj. AFT = AFT + 0.06(SA-28) Asphalt film thickness (AFT) is calculated by the following formulas: Where: AFT = Pbe x 4870 100xP,xSA AFT = Asphalt Film Thickness in microns Pb, = Effective Asphalt Content as a percent of the total mixture 4870 = Constant Conversion Factor P, =Percent Aggregate in Mixture 1100, or (100 -Pb) /100 Pb = Percent Total Asphalt Cement in Mixture SA = Calculated Aggregate Surface Area in SF/lb. The Adjusted AFT will be greater than the AFT if the SA is greater than 28.0 SF/Lb., and will be less than the AFT if the SA is less than 28.0 SF/Lb. B3 Tensile Strength Ratio sample Mixture or briquettes that represent the mixture at optimum asphalt content, shall be submitted at least 7 days prior to actual production for verification of moisture sensitivity retained tensile strength ratio (TSR). Material submitted for TSR verification may be tested for maximum specific gravity G,,,m compliance in addition to TSR results. Failure to meet the Gm,,, tolerance will result in rejection of the submitted mix design. A new mix design submittal will be required and will be subject to provisions described in Section 2360.3C. One of the following options may be used to verify that the tensile strength ratio (TSR) meets the requirements in Table 2360.3-B2b. Option A) The Contractor will batch material at the design proportions including optimum asphalt. Immediately (before curing) split the sample and allow samples to cool to room temperature. Submit 77 pounds [35 kg] of mixture to the District Materials Laboratory for curing and test verification. Both groups will use a two (2) hour cure time (+ 15 minutes) at 290'F [144°C] and follow procedures in ASTM D 4867-92, Mn/DOT modified as defined in the Mn/DOT Laboratory Manual. Option B) The Contractor batches, cures (as indicated in option A), compacts, and submits briquettes and uncompacted mixture as specified below. Page 12 of 50 2360 Specification February 1, 2010 Table 2360.3-133 Option B Mixture Requirements Item Gyratory Design Un -compacted Mixture Sample Size 8,200 Number of compacted bri ettes 6 Compacted briquette air void content 6.5-7.5% `' i 6 inch [150mm] specimens B4 Aggregate Specific Gravity ..................................... AASHTO T84 and T85, Mn/DOT Modified The Contractor shall determine the specific gravity of all aggregate used in the mixture. C Documentation Each proposed JMF submitted for review under Section 2360313 and 2360.313 shall include the following documentation and test results. (1) The name(s) of the individual(s) responsible for the Quality Control of the mixture during production. (2) The Iow project number of the Contract on which the mixture will be used. (3) The design traffic level and the design number of gyrations. (4) The temperature ranges the mixture is intended to be discharged from the plant and compacted at the roadway shall be provided by the asphalt binder supplier. Temperatures to be included are, laboratory mixing and compaction temperature ranges and maximum field mixing and compaction temperatures.. (5) The percentage in units of 1 percent (except the #200 sieve [0.075 mm] in units of 0.1 percent) of aggregate passing each of the specified sieves (including the #16, #30, #50, and #100) for each aggregate to be incorporated into the mixture. The gradation of aggregate from salvaged asphaltic material shall be derived from the material after the residual asphalt has been extracted. (6) The source and description of the materials to be used. The aggregate pit or quarry source number. The proportion of each material (in percent of total aggregate). (7) The composite gradation based on (5) and (6) above. Note: include virgin composite gradation based on (6) and (7) above for mixtures containing RAP/RAS. (8) The bulk (dry) and apparent specific gravities and water absorption (by % weight of dry aggregate) of both coarse and fine aggregate, for each product used in the mixture (including RAP/RAS). Use AASHTO T-84 and T-85 MmDOT modified as defined in the Mn/DOT Laboratory Manual. The tolerance allowed between the Contractor's and the Department's specific gravities are G& (individual) = 0.040 [+4 AND -4] and Geb (combined) = 0.020. (9) The composite gradation plotted on a FHWA 0.45 power chart. (Federal form PR -1115) (10) The test results from the composite aggregate blend at the proposed JMF proportions indicating compliance with Coarse Aggregate Angularity, Fine Aggregate Angularity, and Flat and Elongated as shown in Table 2360.3-132a. (11) For mixtures containing RAP/RAS include extracted asphalt binder content of the RAP/RAS with no retention factor included. (12) The percentage (in units of 0.1 percent) and PG grade of asphalt binder material to be added, based upon the total mass of the mixture. (13) Each trial mixture design shall include the following: (a) A minimum of three different asphalt binder contents (minimum 0.4 percent between each point), with at least one point at, one above and one below the optimum asphalt binder percentage. (b) The maximum specific gravity at each asphalt binder content. The theoretical maximum specific gravity used for percent air voids determination shall be calculated based on the average of the effective specific gravities measured by a minimum of two maximum specific gravity tests at the asphalt contents above and below the expected optimum asphalt binder content. Page 13 of 50 2360 Specification February 1, 2010 (c) The test results for the individual and average bulk specific gravity, density, and heights, of at least two specimens at each asphalt binder content. (d) The percent air voids in the mixture at each asphalt binder content. (e) The Adj. Asphalt Film Thickness (Adj. AFT) at each asphalt binder content. (f) The fines to Effective Asphalt (FIA) ratio calculated to the nearest 0.1 percent. (g) TSR results at the optimum asphalt binder content. (h) Graphs showing air voids, adjusted AFT, Gmb, Gmm and unit weight vs. percent asphalt binder content for each of the three asphalt binder contents submitted with trial mix. (i) Evidence the completed mixture will conform to design air voids (V.), Adj. AFT, TSR, F/Ae (Fines to effective asphalt ratio). (j) The documentation shall also include labeled gyratory densification tables and curves generated from the gyratory compactor for all points used in the mixture submittal. (14) Optional Add-Rock/Add-Sand Provisions If the Contractor chooses to use the add -material option to augment the submitted JMF, the Contractor shall provide samples of the aggregate for quality analysis in accordance with Section 2360.3131. The Contractor shall provide mix design data for two additional design points per add -material. One point shall show a proportional adjustment to the submitted JMF that includes 5 percent, by mass, add -material at the JMF optimum asphalt percent. The second point shall show a proportional adjustment to the submitted JMF that includes 10 percent, by mass, add -material at the JMF optimum asphalt percent. The following information will be reported for each of these two points: (a) The maximum specific gravity (average of two tests). (b) The test results for the individual and average bulk specific gravity, density, and height of at least two specimens at the optimum asphalt binder content. (c) The percent air voids in the mixture for each point. (d) The Fines to Effective Asphalt ratio calculated to the nearest 0.1 of a percent. (e) Coarse and Fine Aggregate crushing counts (f) The Adjusted Asphalt Film Thickness Up to two add -materials will be allowed per mix design submittal. Aggregate quality and mix characteristics are required for each proposed add -material and shall be submitted at the time of the original trial mix submittal. No mixture sample or briquettes are required for these two additional points. D Modified Mixture Design (Option 2) The Contractor shall submit mixture design test results and documentation as described in Section 2360.3C to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area) to verify compliance with these specifications. The District Materials Engineer (Department Bituminous Engineer) will issue a Mixture Design Report when the mixture design has been successfully verified. Mixture submittal is not required. The Contractor may use this option if all of the following conditions are met: a) The aggregates must have been tested for and meet all applicable quality requirements in the current construction season. b) The Level II mix designer submitting the mixture design must have a minimum of 2 years experience in mixture design. D1 JMF Submittal At least 2 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (JMF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level 1I Quality Management mix designer must sign this proposed JMF_ For each JMF submitted, the Contractor shall include documentation as outlined in Section 2360.3C to demonstrate conformance to mixture properties as specified in Table 2360.3-B2b and 2360.3-B2c. The proposed JMF shall be submitted on forms approved by the Department. Page 14 of 50 2360 Specification February 1, 2010 D2 Initial Production Test Verification At the start of production, the testing frequency for the first 1,800 metric tons [2,000 tons] of each mix type shall be as specified in Table 2360.4-D. All mixture placed on Mn/DOT projects shall meet the specified quality indicators and required field density. Failure to do so will result in reduced payment or removal and replacement with acceptable material. The Department shall take a mix verification sample within the first four samples at the start of production of each mix type. D3 Tensile Strength Ratio sample See Section 2360AE9 Mixture Design Report A Mixture Design Report consists of the JMF (Job Mix FormuIa). The JMF includes composite gradation, aggregate component proportions, asphalt binder content of the mixture, design air voids, adj. asphalt film thickness, and aggregate bulk specific gravity values. JMF limits will be shown for gradation control sieves (JMF limits will be aggregate gradation broadbands shown in Table 2360.2-E), percent asphalt binder content, air voids, and Adj. Asphalt Film Thickness. Issuance of a Mixture Design Report confirms the mixture has been reviewed for and meets volumetric properties only. No guaranty or warranty, either express or implied, is made regarding placement and compaction of the mixture. A Department reviewed Mixture Design Report is required for all paving except for small quantities of material provided under Section 2360.5H. All submitted materials must meet aggregate and mixture design requirements before a Mixture Design Report is issued. The Department will review two trial mix designs per mix type designated in the plan, per Contract at no cost to the Contractor. Additional mix designs will be verified at a cost of $2000 per design, payable to the Commissioner of Transportation. For city, county, and other agency projects, the Contractor shall provide to the District Materials Laboratory a complete Project proposal including addenda, supplemental agreements, change orders, and any Plan sheets (including typical sections) that affect the mix design. The Department will not start the verification process without this information. 2360.4 MIXTURE QUALITY MANAGEMENT (Quality Control/Quality Assurance) A Quality Control (QC) The Contractor shall provide and maintain a quality control program for HMA production. A quality control program is defined as all activities, including mix design, process control inspection, sampling and testing, and necessary adjustments in the process that are related to the production of a hot mix asphalt (HMA) pavement which meets the requirements of the specifications. Al Contractor Certified Plant HMA Ala Certification Procedure The Contractor shall: (1) Complete application form and request for plant inspection. (2) Provide a site map of stockpile locations. (3) Pass plant and testing facility inspection by having the Plant Inspector and Bituminous Plant Authorized Agent complete and sign the Asphalt Plant Inspection Report (TP 02142-02, TP 02143-02)_ By signing the Asphalt Plant Inspection Report, the plant authorized agent agrees Page 15 of 50 2360 Specification February 1, 2010 to calibrate and maintain all plant and laboratory equipment within allowable tolerances set forth in these specifications, Standard Specifications for Construction, and the Mn/DOT Bituminous Manual. (4) Obtain a Mixture Design Report prior to production. Alb Maintaining Certification To maintain certification, the plant must produce, test, and document all certified plant asphalt mixtures in accordance with the above requirements on a continuous basis. Continuous basis means all asphalt mixtures supplied from a certified plant to any Department project with 2360 asphalt mixtures must be sampled and tested in accordance with 2360 requirements and the Schedule of Materials Control. The Contractor shall assure the plant certification procedure is performed annually after winter suspension and before producing material for a Project. In addition, a first day sampling and testing frequency rate as stated in Table 2360.4-D shall be followed. The Contractor shall recertify a plant when it is moved to a new location or a previously occupied location. A1c Revocation of Plant Certification The Department Construction Engineer may revoke certification of an asphalt plant when requirements are not being met or records are falsified. The Department may revoke the Technician Certification for the individual involved. The Department Bituminous Engineer and Department Contract Administrator will maintain a list of companies who have had their asphalt plant certification revoked. B Quality Assurance (QA) The Department will perform QA testing as part of the acceptance process. The Engineer is responsible for QA testing, records, and acceptance. The Engineer will accomplish the QA process by: (1) Conducting Quality assurance and verification sampling and testing. (2) Observing sampling and tests performed by the QC personnel. (3) Taking additional samples at any time and any location during production. (4) Monitoring the required QC summary sheets and control charts. (5) Verifying calibration of laboratory testing equipment. (6) Communicating Mn/DOT test results to the Contractor's QC personnel in a timely manner (See 2360.4M and 2360.41). (7) Ensuring Independent Assurance Sampling and testing requirements are met. C Contractor's Quality Control C1 Personnel Requirements Along with the proposed mix design data, the Contractor shall submit to the Engineer an organizational chart listing the names and phone numbers of individuals and alternates responsible for mix design, process control administration, and inspection. The Contractor shall also post a current organizational chart and if required by the Engineer, post a daily roster of individuals performing QC testing in the Contractor's test facility. The Contractor's quality control organization or private testing firm shall have Certified Technicians who have met the requirements on file with the Department's Technical Certification program. Individuals performing process control testing must be certified as a Level I Bituminous Quality Management (QM) Tester. Individuals performing mix design calculations or mix design adjustments must be certified as Level 11 Bituminous QM Mix Designer. The Contractor shall have a Certified Level II Bituminous QM Mix Designer Page 16 of 50 2360 Specification February 1, 2010 available to make any necessary process adjustments. The Contractor shall have a minimum of one person per paving operation certified as a Level II Bituminous Street Inspector. C2 Laboratory Requirements: The Contractor shall furnish and maintain a laboratory at the plant site or other site as approved by the Engineer. The laboratory shall be furnished with the necessary equipment and supplies for performing Contractor quality control testing. The laboratory equipment shall meet the requirements listed in Section 400 of the Mn/DOT Bituminous Manual, MnIDOT Lab Manual, and these specifications, including having extraction capabilities. The laboratory shall be calibrated and operational prior to the beginning of production. In addition to the requirements listed above, the laboratory shall be equipped with a telephone for use by the Contractor or the Engineer. A fax machine and copy machine shall be available for use by the Contractor or the Engineer at the laboratory site. The Engineer may waive the requirement to have a fax machine available at the laboratory site if transfer of data and test results can be accomplished through electronic transmittal (email). The laboratory shall also include a computer and printer. The computer shall have the following minimum requirements: 1) Intel based with either Celeron or Pentium IV processor with a minimum processor speed of 1.8 MHZ. 2) CD writer with CD/RW capability and a minimum write speed of 16x. 3) Windows 2000 or Windows XP with Microsoft Excel version 97 or newer. The printer must be able to print control charts. The Engineer shall be allowed to inspect measuring and testing devices to confirm both calibration and condition. The Contractor shall calibrate and correlate all testing equipment in accordance with the latest version of the Mn/DOT Bituminous Manual and Mn/DOT Lab Manual. Records of calibration for each piece of testing equipment shall be kept in the same facility as the equipment. D Sampling and Testing The Contractor shall ensure that all QC samples are taken at random locations. Random number generation and determination of random sample location shall be consistent with the Mn/DOT Bituminous Manual Section 5-693.7 Table A or Section 5 of ASTM D3665. The Engineer may approve alternate methods of random number generation. The tests for mixture properties shall be conducted on representative portions of the mix, quartered from a larger sample of mixture taken from behind the paver, or when approved by the Engineer, an alternate sampling location. The procedure for truck box sampling, an alternate sampling location, is on file in the Bituminous Office. When an alternate sampling location is approved and used by the Contractor, the daily verification sample must still be taken from behind the paver. The Contractor shall obtain a sample of at least 55 pounds 125 kg]. This sample may be either split in the field or transported to the test facility by a method to retain heat to facilitate sample quartering procedures. The Contractor shall store and retain mixture bulk samples and companion samples for the Department for a period of 10 calendar days. The Contractor shall maintain these split samples in containers labeled with companion numbers. The Contractor shall perform QC sampling and testing according to the following schedule. Determine the planned tonnage for each mixture to be produced during the production day. Divide the planned production by 1000. Round the number to the next higher whole number. Tris number will be the number of production tests required for that mixture. Required production tests are listed in Table 2360.4-E. Split the planned production into even increments and select sample locations as described above. If actual tonnage exceeds planned tonnage additional tests may be required. During production, mixture volumetric property tests will not be required when mix production is less than 300 tons [270 metric tons]. However, production tests will be required when the accumulative tonnage on successive days exceeds 300 tons [270 metric tons]. At the start of production, the testing frequency for the first 2,000 tons [1800 metric tons] of each mix type shall be as follows: Page 17 of 50 2360 Specification February 1, 2010 Table 2360.4-D Production Start -Un Testing Rates Production Test Sampling/Testing Rates Testing Rates Test Reference Section Bulk Specific Gravity 1 test Rer 500 tons 450 metric tons AASHTO T312,T166 Mn/DOT modified 2360AE2 Maximum Specific Gravity 1 test per 500 tons 450 metric tons AASHTO T209 Mn/DOT modified 2360AE3 Air Voids calculated i test per 500 tons 450 metric tons AASHTO T269, T312 2360.4134 Asphalt Content 1 test per 500 tons 450 metric tonsl Bit & Lab Manual 2360AE1 Ad. AFT Calculated 1 test per 500 tons 450 metric tons Mn/DOT Lab Manual 2360.3B2d Gradation 1 test per 500 tons [450 metric tons] AASHTO Tl 1, T27, T30 Mn/DOT modified 2360AE6 Coarse Aggregate An ari 1 test per 1000 tons 900 metric tons ASTM D5821 Mn/DOT modified 2360.4E7 Fine Aggregate Angularity FAA I test per 1000 tons [900 metric tons] AASHTO T304, Method A 2360AE8 E Production Tests When more than one Mn/DOT approved test procedure is available, the Contractor shall select, with the approval of the Engineer, one method at the beginning of the Project and use that method for the entire -Project. The Contractor and Engineer may agree to change test procedures during the construction of the Project. Table 2360.4-E Production Sampling and Testing Rates Production Test Sampling/Testing Rates Test Reference Section Bulk Specific Gravity Divide the planned production by 1000. Round the AASHTO T312, T245 T166 2360AE2 number to the next higher whole number. Mn/DOT mod Maximum Specific AASHTO T209 Mn/DOT 2360.4E3 Gravity modified Air Voids (calculated) AASHTO T269, T312 2360AE4 Asphalt Content Bit & Lab Manual 2360.4E1 Ad. AFT Calculated Mn/DOT Lab Manual 2360.3B2d Gradation 1 gradation per 1,000 tons [900 metric tons ], or portion AASHTO T11, T27, 2360.4136 thereof minimum of one per da) T30Mn/DOT modified Coarse Aggregate 2 tests/day for a minimum of 2 days, then 1 per day if ASTM D5821 Mn/DOT Angularity CAA is met. if CAA >8% of requirement, 1 sample/day modified 2360.4E7 but test 1/week. Fine Aggregate 2 tests/day for a minimum of 2 days, then 1 per day if AASHTO T304, Method A Angularity (FAA) FAA is met. If FAA >5% of requirement, I sample/day 2360AE8 but test 1/week. TSR When directed by the Materials Engineer ASTM D4867 MnIDOT 2360AE9 modified Aggregate Specific When directed by the Engineer AASHTO T84 & T85, 2360AE10 GravityMn/DOT modified Mixture Moisture Daily unless exempted by Engineer Mn/DOT 5-693.950 Content 2360AE11 Asphalt Binder Sample I' load (each grade) then 1 per 250,000 gallon- Mn/DOT 5-693.920 2360AE12 sample size 1 quart 1,000,000 liter. Page 18 of 50 2360 Specification February 1, 2010 E1 Asphalt Binder Content (2) (a) Spot Check (Virgin only).................................................................... Mn/DOT Bituminous Manual (b) Incinerator Oven (1) ........................................................ Mn/DOT Laboratory Manual Method 1853 (c) Chemical Extraction ......................................... MnIDOT Laboratory Manual Method 1851 or 1852 (d) Meter Method (Virgin only)................................................................ Mn/DOT Bituminous Manual (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 501/o within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. (2) For Traffic Level 2, 3, 4, and 5 mixtures that include shingles as part of the allowable RAP percentage a minimum of 1 spotcheck per day per mixture blend is required to determine new added asphalt binder (See footnote 1 of Table 2360.3-132a). E2 Gyratory Bulk Specific Gravity, Gmb (2 specimens)................................AASHTO T312, T166, Mn/DOT Modified E3 Maximum Specific Gravity, Gm. ........................................ .AASHTO T209, Mn/DOT Modified E4 Air Voids - Individual and Isolated (calculation)......................................AASHTO T269, T312 Isolated air voids are calculated using the maximum mixture specific gravity and the corresponding bulk specific gravity from a single test. Individual air voids are calculated from the maximum specific gravity moving average and the bulk specific gravity from that single test. For gyratory design, compaction shall be conducted to Nd,,iw„ as shown in Table 2360.3-B2b, for the specified Traffic Level. E5 Adj. Asphalt Film Thickness (AFT) (calculation) .................................... Mn/DOT Lab Manual E6 Gradation - Blended Aggregate......... AASHTO T-11, T-27, and T-30 (all Mn/DOT modified) Testing to determine the blended aggregate gradation shall be determined every 1,000 tons [1800 metric tons], or portion thereof (minimum of one per day), on samples taken at the same time as the required mixture sample for a given increment. All gradations require a-#200 [- 0.075 mm] wash. (a) Virgin Aggregate Mixtures - Drum or Screenless Plants Belt Samples or extracted production samples. (b) All Other Mixtures: 1. Hot Bins - Drybatch (Optional) 2. Incinerator Oven Mn/DOT Laboratory Manual Method 1853 (Optional) except samples that contain over 50% class B. (') 3. Extraction Mn/DOT Laboratory Manual _Method 1851 or 1852 (Optional) (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. E7 Coarse Aggregate Angularity ................................................... ASTM D5821 Mn/DOT modified CAA test results shall meet the minimum percent fractured faces as shown in Table 2360.3-B2a. ASTM D-5821 shall be used to determine coarse aggregate angularity on the composite blend from aggregates used in production of hot mix asphalt. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production Page 19 of 50 2360 Specification February 1, 2010 samples. The percentage of fractured faces of the composite aggregate blend less than 100% shall be tested at the following rates: (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet CAA requirements. (2) If CAA crushing test results exceed 8 percent of the requirement, take one sample per day and perform one test per week. CAA results must be reported on the test summary sheet. Mixture placed and represented by results below the minimum requirement, as shown in Table 2360.3-B2a, will be subject to reduced payment as outlined in Table 2360.4-L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8 Fine Aggregate Angularity ..................................................................... ASTM C1252 Method A FAA test results shall meet the minimum criteria shown in Table 2360.3-B2a. ASTM C1252 Method A shall be used to determine fine aggregate angularity on the composite blend from aggregates used in production of HMA. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production samples. The percentage of uncompacted voids from the composite aggregate blend shall be tested at the following rates. (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet FAA requirements. (2) If FAA test results exceed 5 percent of the requirement, take one sample per day and perform one test per week. FAA results must be reported on the test summary sheet. Mixture placed and represented by results below the minimums, as shown in Table 2360.3-B2a, will be subject to reduced payment as outlined in Table 2360.4-L3. Tonnage is subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E9 Field Tensile Strength Ratio (TSR) ........................................ ASTM D4867 Mn/DOT Modified At the discretion of the Materials Engineer, mixture will be sampled and tested to verify tensile strength ratio (TSR)('). If the Materials Engineer requires sampling and testing, both the Contractor and the Department will be required to test these samples within 72 hours after it is sampled. Sample size shall be 110 pound [50 kg] minimum and split in half to provide a sample for the Department and the Contractor. The Department companion of this split shall be labeled with the date, time, Project number and approximate cumulative tonnage to date. The Department companion shall be given to the Department Street Inspector or Plant Monitor immediately or delivered to the District Materials Engineer within 24 hours of sampling, as specified by the Engineer. Mixture samples shall be taken from behind the paver unless the Engineer approves an alternate sampling location. Specimen size shall be 6 inch [150 mm] for gyratory design The Contractor may test the sample at a permanent lab site or a field lab site. (1) When utilizing Option 2 mix design, it is recommended a sample be obtained within the fust 5,000 tons [4,500 metric tons] of HMA produced or by the second day of production, whichever comes first, to verify tensile strength ratio (TSR). Minimum acceptable TSR values for production are shown in Table 2360.4-E9. The Contractor shall stop production immediately if minimum TSR requirements are not met. The Contractor will not be allowed to resume production until anti -strip has been added to the asphalt binder. Determination of who is responsible for the cost of the anti -strip is based on Mn/DOT and Contractor TSR values as outlined in Tables 2360AE9A and 2360.4E9B. When Mn/DOT is responsible for the cost of the anti -strip, payment will be made only for the cost of the anti -strip for mixtures placed on that project. Mn/DOT will not reimburse the Contractor for any delay costs associated with making changes related to this testing. Page 20 of 50 2360 Specification February 1, 2010 Table 2360.4-E9 Mixture Type — Minimum TSR Traffic Level 2-3 Traffic Level 4-5 Contractor Mn/DOT Contractor Mn/DOT 75% 65% 80% 70% Table 2360.4-E9A Gyratory Level 2-3 Contractor TSR >75 <75 Mn/DOT >65 NA Mn/DOT TSR <65 Contractor Contractor Table 2360.4-E9B Gyratory Level 4-5 Contractor TSR >80 <80 Mn/DOT >70 NA Mn/DOT TSR <70 Contractor Contractor Another sample shall be taken and tested within the first 500 tons [450 metric tons] after production resumes. If the re -test fails to meet the minimum specified value the Contractor shall stop production immediately. Production cannot resume until the Contractor has discussed, with the Engineer, a proposal for resolving the problem. The Contractor shall not operate below the specified minimum TSR on a continuing basis. A continuing basis shall be defined as 2 or more successive tests failing the TSR requirements. The following conditions will automatically require a sample to be taken and tested: 1. A proportion change of more than 10 percent (from the currently produced mixture) for a single stockpile aggregate. 2. The discretion of the Engineer. Dispute resolution procedures for TSR are on file in the Bituminous Office. E10 Aggregate Specific Gravity(Gsb)...........................AASHTO T84 and T85, Mn/DOT modified At the discretion of the District Materials Engineer, aggregate stockpiles will be sampled and tested to verify aggregate specific gravity. Representative stockpile samples shall be 90 pounds [40 kg] for each aggregate component. All samples shall be split in half to provide material for both the Department and the Contractor. The Department companion of this split shall be labeled with the date, time, Project number and approximate cumulative tonnage to date. The Department companion shall be given to the Plant Monitor immediately or delivered to the District Materials Engineer within 48 hours of sampling, as specified by the Engineer. Aggregate specific gravity results will be compared to the Contractor's values on the current Mix Design Report. If the results deviate beyond the tolerance specified in Table 2360.4-M, the District Materials Engineer will immediately contact the Contractor and issue a new Mix Design Report with the current specific gravity results. Any mixture placed following notification of new specific gravity values will be based upon Department results. The Contractor shall be notified immediately when new specific gravity values become available. The dispute resolution procedure for aggregate specific gravity is on file in the Bituminous Office. E11Moisture Content.............................................................................................Mn/DOT 5-693.950 Provide a mixture with moisture content not greater than 0.3 percent. The moisture content in the mixture shall be measured behind the paver or alternate approved sampling method on file in the Bituminous Office_ Page 21 of 50 2360 Specification February 1, 2010 Sampling and testing shall be conducted by the Contractor on a daily basis unless exempted by the Engineer. Sampling and testing is suggested when rain on stockpiles exceed more than 0.2 inch [5 mm] in a 24 hour period. The sample shall be stored in an airtight container. Microwave testing is prohibited. HMA that exceeds 0.3% moisture content is unacceptable. The Contractor shall take appropriate action to remove excess water from the mixture. This action may include reducing the production rate, mixing stockpile aggregates prior to placement into the feed bins, and use of covered stockpiles. E12 Asphalt Binder Samples The Contractor shall sample the first shipment of each type of asphalt binder, then sample at a rate of one per 250,000 gallons [1,000,000 liters]; sample size shall be 1 quart [LOL]. All samples shall be taken in accordance with the Mn/DOT Bituminous Manual 5-693.920. Sampling shall be conducted by Contractor and monitored by the Inspector. The Contractor shall record sample information on Asphalt Sample Identification Card. Promptly submit the sample to the Department Materials Laboratory in Maplewood. Contact the Department Chemical Laboratory Director for disposition of failing asphalt binder samples. F Documentation (Records) The Contractor shall maintain documentation, including test summary sheets and control charts, on an ongoing basis. The Contractor shall also maintain a file of gyratory specimen heights for all gyratory compacted samples and test worksheets. Reports, records, and diaries developed during the progress of construction activities for the Project, shall be filed as directed by the Engineer and will become the property of the Department. The Contractor shall: (1) Number test results in accordance with standard Department procedures and record on forms approved/supplied by the Department. (2) Facsimile or when approved by the Engineer, electronically transmit (email) all production test results on test summary sheets to the District Materials Laboratory and to other sites as requested by the Engineer, by 1 I AM of the day following production. (2a) Include the following production test results and mixture information on the Department approved test summary sheet. 1. Percent passing on all sieves listed in Table 2360.2-E (including #16, #30, #50, #100). 2. Coarse and fine aggregate crushing. 3. Maximum specific gravity (Gmm.)• 4. Bulk specific gravity (Gmb ). 5. Percent total asphalt binder content (Pb) and new added asphalt binder content. 6. Calculated production air voids (VB ). 7. Calculated adjusted AFT (Adj. AFT). 8. Composite aggregate specific gravity (Gsb) reflecting current proportions. 9. Aggregate proportions in use at the time of sampling. 10. Tons where sampled. 11 Tons represented by a. test and cumulative tons produced. 12. Fines to effective asphalt ratio (F/A.). 13. Signature Line for Mn/DOT and Contractor Representative. 14. Mixture Moisture Content. 15. Mn/DOT verification sample test result. (2b) Submit copies of all failing test results to the Engineer on a daily basis. (3) Provide the Engineer with asphalt manifests or BOL's on a daily basis. Page 22 of 50 2360 Specification February 1, 2010 (4) Provide a daily plant diary to include a description of QC actions taken (adjustment of cold feed percentages, changes in JMFs, etc.) include all changes or adjustments on the test summary sheets. (5) Provide weekly truck scale spot checks. (6) Provide a Department approved accounting system for all mixes and provide a daily and final Project summary of material quantities and types. (6a) Provide a final hardcopy summary of all quality control test summary sheets and control charts at completion of bituminous operations on the Project to the Engineer. Because Certified Plant test data often represents test data for multiple projects, it may be necessary to make duplicate copies of the data for each project. The Contractor shall also submit a diskette of the quality control summary sheets, control charts and density worksheets to the Bituminous Engineer. (7) Furnish an automated weigh scale and computer generated weigh ticket. The ticket shall indicate project number, mix designation (including binder grade), Mixture Design Report#, truck identification and tare, net mass, date and time of loading. Any deviations from the minimum information to be provided on the computer generated weigh ticket must be approved by the Engineer in writing. (S) Test summary sheets, charts, and records for a mixture produced at one plant site shall be continued from contract to contract. The Contractor shall begin new summary sheets and charts annually for winter carry-over projects. The Contractor shall begin new summary sheets and charts when an asphalt plant is re -setup in the same location after it has moved out. G Documentation (Control Charts) The following data shall be recorded on the standardized control charts, all control charts and summary sheets shall be computer generated using software approved by the Engineer. Software is available from the Mn/DOT Bituminous Office at www.mrr.dot.state.mn.us/pavement/bitaminous/bituminous.asp. (1) Blended aggregate gradation, include sieves shown in Table 2360.2-E for specified mixture. (2) Percent asphalt binder content (Pb) (3) Maximum specific gravity (G,,,,) (4) Production air voids (Ve ) (5) Adj. AFT Individual test results shall be plotted for each test point. A solid line shall connect individual points. The moving average for each test variable shall be plotted starting with the fourth test. A dashed line shall connect the moving average points. The Department's quality assurance and verification test results shall be plotted with triangles. Specification JMF limits shall be indicated on the control charts using a dotted line. The Engineer may waive the plotting of control charts. H JMF Limits The production air voids and adj. AFT are based upon the minimum specified requirements as shown in Table 2360.3-B2b. Gradations and asphalt binder content limits are based upon the current Department reviewed Mixture Design Report. Gradation control sieves are shown in Table 2360.2-E. The mixture production targets are listed on the Mixture Design Report. JMF limits are the target plus or minus the limits shown in Table 2360.4-H. JMF limits are used as the criteria for acceptance of materials based on the moving average. Page 23 of 50 2360 Specification February 1, 2010 Table 2360.4-H JMF Limits INS) Item JMF Limits Ad'. AFT -0.5 Production Air Voids, % t 1.0 Asphalt Binder Content, % -o.4 Sieve - % Passing 1 inch, 314 inch 112 inch, 3/8 inch, #4 25, 19, 12.5, 9.5, 4.75 mml Broad Band Limits #8 2.36 mml Broad Band Limits #200 0.075 mm Broad Band Limits Hl Moving Average Calculation A moving average is the average of the last four test results. The calculation of the moving average shall continue without interruption except under the following conditions: 1) The Contractor shall begin new summary sheets and charts annually for winter carry-over projects. 2) The Contractor shall begin new summary sheets and charts when an asphalt plant is re -setup in the same site after it has been moved out. JMF Bands JMF Bands are defined as the area between the target, as identified on the Mixture Design Report, and the RMF limits. J JMF Adjustment The Contractor shall begin mixture production with the materials (gradation, asphalt content, and aggregate proportions) closely conforming to the reviewed Mixture Design Report. Closely conforming shall be defined as aggregate proportions within 5 percent of the design proportions (1) and other mixture parameters within the JMF limits in Table 2360.4-H. This requirement may be waived if the Contractor provides the District Materials Laboratory with prior documented production data showing how production affects the mixture properties or if the Contractor provides the District Materials Laboratory with a written justification or explanation of material changes since the original mixture submittal. (1) The Contractor shall begin mixture production using all aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. Jl JMF Request for Adjustment If, during production, the Contractor determines from results of QC tests that adjustments to the mix design are necessary to achieve the specified properties, the following provisions shall apply. Unless otherwise authorized by the District Materials Engineer, no adjustments are allowed using aggregates or materials not part of the original mix design. The Contractor shall make a request for a JMF adjustment to the Department Bituminous Engineer or District Materials Engineer. The requested change will be reviewed for the Department by a Certified Level H Bituminous QM Mix Designer. If the request meets the design requirements in Tables 2360.3-B2a and 2360.3-132b, a revised Mixture Design Report shall be issued. Each trial mixture design submittal as described in Section 2360.3A may have three JMF adjustments per mixture per project without charge. Additional JMF adjustments requested must be accompanied with a $500 fee per each additional JMF adjustment, payable to the Commissioner of Transportation. The adjusted JMF shall be within the mixture specification gradation design broadbands shown in Section 2360.2E. Should a redesign of the mixture become necessary, a new JMF shall be submitted. The JMF Page 24 of 50 2360 Specification February 1, 2010 asphalt content may only be reduced if at Ieast the last four Adjusted AFT production tests (calculations) average 8.5 microns or more, and have minimum Individual Adjusted AFT's of at least 7.5 microns. Adjustments will be made as a result of an interactive process between the Contractor, Engineer, and District Materials Engineer. Consecutive requests for JMF adjustments, without production data, are not allowed. The calculation of the moving average shall continue after the JMF has been approved. J1a JMF Request for Adjustment for Proportion Change > 10% If a JMF adjustment is requested for a proportion change exceeding 10% (from the currently produced mixture) for a single stockpile aggregate, supporting production test data from a minimum of four tests run at an accelerated testing rate of 1 test per 500 tons [450 metric tons] must be included with the request for adjustment. In addition to the requirements listed above, acceptable verification and approval of the requested JMF will be based on individual and moving average test results. Individual test results must be within twice the requested JMF limits for percent asphalt binder, production air voids, and Adjusted AFT. Individual gradations must be within the Broad Bands. The moving average values must be within the control limits of Table 2360.4-H. The calculation of the moving average shall continue after the change in proportions. If the mixture meets the specified quality indicators, the request for JMF adjustment will be signed by the District Materials Laboratory and considered effective from the point the proportion change was made. Failure to meet the quality indicators will result in reduced payment or removal and replacement with acceptable material. Consecutive requests for JMF adjustments without production data are not allowed. K Corrective Action — Percent Asphalt Binder Content, Adj. AFT, and -Gradation and Production Air Voids When the moving average values trend toward the JMF limits, the Contractor shall take corrective action. The corrective action taken shall be documented on summary sheets and, if applicable, a request for JMF adjustment shall be submitted to the District Materials Engineer for review and approval. All tests shall be part of the project files and shall be included in the moving average calculations. The Contractor shall notify the Engineer whenever the moving average values exceed the JMF limits. L Failing Materials The determination of price adjustments for failing materials will be based on the criteria outlined in this Section. Material acceptance is based on individual and moving average test results. Isolated test results are used for acceptance of air voids at the start of mixture production. Generally, individual test results which are more than twice the JMF bands are considered failing. Moving average test results are considered failing when they exceed the JMF limits. The Contractor shall begin new summary sheets annually for winter carry-over projects. If the moving average values exceed the JMF limits, the Contractor shall stop production and make adjustments. The Contractor shall restart production only after notifying the Engineer of the adjustments that have been made. Testing shall resume at the accelerated rates and for the tests listed in Table 2360.4-D for the next 2,000 tons [1800 metric tons] of mixture produced. The calculation of the moving average shall continue after the stop in production. Mixture produced where the moving average of four exceeds the JMF limits shall be considered unsatisfactory and subject to requirements of Section 2360AL4, L5, L6, and L7. Individual test failures are discussed in Section 2360.4L1, L2, and U. When the total production of a mixture type for the entire project requires less than four tests, acceptance of material will be consistent with the criteria outlined in Section 2360.41,1 and L3. When the Contractor's testing data fails to meet specified tolerances as listed in Table 2360.4-M, quality assurance/verification data shall be used in place of the Contractor's data to determine the appropriate payment factor. Page 25 of 50 2360 Specification February 1, 2010 Ll Isolated Failures at Mixture Start -Up -- Production Air Voids At the start-up of mixture production, before a moving average of four can be established the first three (3) isolated test results for production air voids will be used for acceptance. Isolated production air voids are calculated by using the maximum mixture specific gravity and the corresponding bulk specific gravity from that single test. After four (4) samples have been tested and a moving average of four can be established, acceptance will be based on individual and moving average production air voids. If, at the start of production, any of the first three (3) isolated test results for production air voids exceeds twice the JMF bands from the target listed on the Mixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the isolated test result is back within twice the JMF bands. When the failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. When isolated air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture: This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L2 Blank L3 Individual Failure - Gradation, Percent Asphalt Binder, Production Air Voids, and Adjusted AFT Table 2360.4-L3 Reduced Pa went Schedule for Individual Test Results Item Pay Factor ct� Gradation 95% Coarse and Fine Aggregate Crushin 90% Asphalt Binder Content 90% Production Air Voids individual and isolated 80% 80 (1) Lowest Pay Factor applies when there are multiple reductions on a single test. (2) Individual air voids are calculated using the moving average maximum specific gravity and the bulk specific gravity from that single test. (3) Isolated air voids are calculated from the maximum specific gravity and the bulk specific gravity from that single test. Isolated void test results are used for acceptance only for the first 3 tests after mixture production start-up. If the individual gradation test exceeds the JMF Broad Bands listed on the Mixture Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage represented by the individual test. If the individual test result for adjusted AFT is less than 7.5 microns reduced payment or removal and replacement as shown in Table 2360.4-L3a shall apply to all tonnage represented by the individual test (calculation). This tonnage includes all material placed from the sample point of the failing test until the sample point when the test result meets specification requirements. When the failure occurs at the first test after the start of daily production, the tonnage subjected to reduce payment or removal and replacement shall be calculated as described below and shall include the tonnage from the start of production that day. Page 26 of 50 2360 Specification February 1, 2010 Table 2360.4-L3a Reduced Payment Schedule for Individual Test Results - Adiusted AFT Individual Adjusted AFT microns Pay Factor 7.5 or Greater 100% 7.4 to 7.0 90% 6.9 to 6.1 75% i 6.0 or Less R&R �') Remove and Replace at the Contractor's expense If the individual tests for percent asphalt binder content or production air voids exceeds twice the JMF bands from the target listed on the Mix Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test result is back within twice the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall be calculated as described above and shall include the tonnage from the start of production that day. When individual air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L4 Moving Average Failure at Mixture Start -Up - Production Air Voids When a moving average failure occurs within any of the first 3 moving average results after mixture start-up (tests 4, 5, 6), the mixture will be considered acceptable if the individual air void, corresponding to the moving average failure is within the JMF limits. If the individual air void is not within the RMF limit, the mixture will be considered unacceptable and is subject to reduced payment. The Engineer may waive the penalty if the isolated air void corresponding to the individual air void is within the JMF limit. Reduced payment will be 70 percent of the Contract bid price. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and corresponding individual air void beyond the JMF limit to the sampling point when the individual test result is back within the JMF limit. L5 Moving Average Failure at Mixture Start -Up — Adjusted AFT The Moving Average (n=4) Adjusted AFT will not be calculated until the sixth test after the beginning of mixture production of that specific mixture. This calculation shall include the Individual results of test (calculation) # 3, 4, 5 and 6. L6 Moving Average Failure - Production Air Voids A moving average production air void failure occurs when the individual production air void moving average of four exceeds the JMF limit. This mixture is considered unacceptable and is subject to reduced payment. Reduced payment will be 70 percent of the Contract bid price. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JMF limits which contributed to the moving average value that exceeded the JMF limit to the sampling point when the individual test result is back within the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. Page 27 of 50 2360 Specification February 1, 2010 Table 2360.4-L6 Reduced Pa went Schedule for Moving Avera a Test Results Item Pay Factor cn Gradation 90% Coarse and Fine Aggregate Crushing NA individual failures only) Adjusted AFT 80% Asphalt Binder Content 80% Production Air Voids 70% (1) Lowest Pay Factor applies when there are multiple reductions on a single test. L7 Moving Average Failure - Percent Asphalt Binder Content, Gradation, and Adjusted AFT For mixture properties including asphalt binder content, and gradation, where the moving average of four exceeds the JMF limits, the mixture is considered unacceptable and subject to reduced payment. Reduced payment as listed in Table 2360.4-L6 will be applied to the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JMF limits which contributed to the moving average value that exceeded the JMF limit, to the sampling point when the individual test result is back within the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. The Moving Average (n^4) Adjusted AFT will not be calculated until the sixth test after the beginning of mixture production of that specific mixture. This calculation shall include the Individual results of test (calculation) # 3, 4, 5 and 6. If the Moving Average (n=4) of the Adjusted AFT is less than 8.0 microns, the mixture is considered unsatisfactory, and will be accepted at a reduced payment. Reduced payment will be 80 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all Individual Adjusted AFT results less than 8.0 microns, which contributed to the Moving Average value that was less than 8.0 microns, to the sample point when the Individual Adjusted AFT is 8.0 microns or greater. When the failure occurs at the first test after the start of daily production, the tonnage subjected to reduced payment shall be calculated as described above and shall include the tonnage from the start of production that day. LS Coarse and Fine Aggregate Crushing Failure If any test result for Coarse Aggregate Angularity or Fine Aggregate Angularity crushing fail to meet minimum requirements in Table 2360.3-132a, all material placed is subject to reduced payment as outlined in Table 2360.4-L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. M Quality Assurance The Engineer will periodically witness the sampling and testing being performed by the Contractor. If the Engineer observes that the sampling and quality control tests are not being performed in accordance with the applicable test procedures, the Engineer may stop production until corrective action is taken. The Engineer will notify the Contractor of observed deficiencies promptly, both verbally and in writing. The Engineer may obtain additional samples, at any time, to determine quality levels. These additional samples or verification samples are described in Section 2360.4N. For mixture, the Contractor shall test their portion immediately. All testing and data analysis shall be performed by the Certified Level I Bituminous Quality Management (QM) Technician. Certification shall be in accordance with the Mn/DOT Technical Certification Program. The Department shall post a chart giving the names and telephone numbers for the personnel responsible for the Quality assurance program. Page 28 of 50 2360 Specification February 1, 2010 The Engineer shall calibrate and correlate all laboratory testing equipment in accordance with the latest versions of the Mn/DOT Bituminous Manual and Laboratory Manual. Table 2360.4-M Allowable Differences (Tolerances) Between Contractor and Mn/DOT Test Results* Item Allowable Difference Mixture Bulk Specific Gravity Gmb 0.030 Mixture Maximum Specific Gravity G 0.019 Adjusted AFT Calculated 1.2 Fine Aggregate Angularity, uncom acted voids % I Coarse Aggregate An lari, % fractured faces %P 15 Aggregate Individual Bulk Specific Gravity + #4 +4.75mm 0.040 Aggregate Individual Bulk Specific Gravity - #4 4.75mm 0.040 Aggregate combined blend Specific Gravity Gsb 0.020 Tensile Stren Ratio TSR % See Table 2360.3-132b Asphalt Binder Content Meter Method, % 0.2 Spot Check Method, % 0.2 Chemical Extraction Methods, % 0.4 Incinerator Oven, % 0.3 Chemical vs. Meter, Spot Check, or Incinerator methods 0.4 Incinerator Oven vs. Spot Check 0.4 Gradation Sieve % passing 1 inch, % inch, '/2 inch, 3/8 inch 25.0, 19.0, 12.5, 9.5 nun 6 #4 4.75 mml 5 0, #16, #30, [2.36, 1.18, 0.60 nun] 4 #50 0.30 mm 3 # 100 0.15 mm 2 #200 0.075 mmi 1.2 *Test tolerances listed are for single test comparisons. N Verification Testing A verification sample is a sample, which is sampled and tested by Mn/DOT to assure compliance of the Contractor's Quality Control program. A verification companion is a companion sample, to Mn/DOT's verification sample, provided to the Contractor. The Contractor is required to test and use this verification companion sample as part of the QC program. The verification companion sample will replace the next scheduled QC sample. It is recommended enough material be sampled to accommodate retesting should the samples fail to meet requirements as described below. Verification testing shall be performed on at least one set of production tests Section 2360.4E, excluding sections E9, E10, Ell, and E12, on a daily basis per mix type. The verification companion sample will be used to verify the requirements of Tables 2360.2-E, 2360.3-B2a, 2360.3-B2b, and 2360.3-B2c and will be compared to the Verification sample for compliance with allowable tolerances as specified in Table 2360.4-M. These include the mixture properties of Gmm (mixture max gravity), G,ob (mixture bulk gravity), asphalt binder content, Adjusted AFT (calculated), Coarse and Fine Aggregate crushing, and gradation. For Coarse and Fine Aggregate crushing that meets the requirements of Section 2360.4E7 and 2360AE8 the one test per week shall be performed on a verification companion. These do not include the aggregate bulk specific gravity Ggb, fines to effective asphalt, or the tensile strength ratio (TSR). Asphalt binder content and gradation must be determined by either extraction method 2360.4E1b or 2360.4E1c. The Department's verification test results will be available to the Contractor within 2 working days from the time the sample is delivered to the District Laboratory for Gmm mixture max gravity, Gmb mixture bulk Page 29 of 50 2360 Specification February 1, 2010 gravity, air voids (calculated), asphalt binder content, Adj. AFT (calculated). Gradation and crushing results will be provided to the Contractor within 3 Mn/DOT working days. Once the verification test results are available, they will be included on the test summary sheet. These results and those from the Contractor's verification companion will be compared for allowable tolerances as specified in Table 2360.4-M. If the tolerances are met, the verification process is complete. If the tolerances between Department and Contractor are not met, retests of the material shall be conducted by the Department. If the retests fail to meet tolerances, the Department's verification test results will be substituted for the Contractor's results in the QC program and used for acceptance. Only those parameters out of tolerance will be substituted and, if applicable, volumetric properties will be recalculated (1). If the Adjusted AFT calculation is out of tolerance, the Mn/DOT Adjusted AFT calculation (based on Mn/DOT test results) will be Equalized and used for the Individual Adjusted AFT result, and calculation of Moving Average Adjusted AFT results. Equalization of the Mn/DOT Adjusted AFT result consists of increasing the original Mn/DOT value by 0.5 microns. This increased value will then be used for acceptance. When tolerances from the verification sample retests are not met, an investigation will begin immediately to determine the cause of the difference. Testing equipment, procedures, worksheets, gyratory specimen height sheets, and personnel will be reviewed to determine the source of the problem. The District Materials Engineer may also require at least one hot -cold comparison of mixture properties be performed. The procedure for hot -cold comparisons is as follows: The hot -cold comparison sample will be split into three representative portions. The Engineer will observe the Contractor testing the sample. One part shall be compacted immediately while still hot (additional heating maybe required to raise the temperature of the sample to compaction temperature). The second and third part will be allowed to cool to air temperature. The Contractor will retain the second part and the third part will be transported to the District Materials Laboratory. On the same day and at approximately the same time the Contractor and the District Materials Laboratory will heat their samples to compaction temperature and compact them. From this information a calibration factor will be developed to compare the specific gravity of the hot compacted samples to reheated compacted samples. Each test will involve a minimum of two gyratory specimens. The Materials Engineer or the Contractor may require additional test comparisons. Note: Care must be taken when reheating samples for mixture properties analysis tests. Mix samples should be reheated to 1607 [70°C] to allow splitting of the sample into representative fractions for the various tests. Overheating of the mixture portions to be tested for maximum specific gravity (Rice Test) may result in additional asphalt being absorbed in the aggregate. The Department will test the previously collected QA samples until they meet the tolerances or the remaining samples are all tested. Once these samples are tested, the department will test QA samples subsequent to the verification sample until tolerances are met. Acceptance will be based on QC data with substitution of Department test results for those parameters out of tolerance t'}. If reestablishment of test result tolerances is not achieved within 48 hours, the Contractor shall cease mixture production and placement until the problem is resolved. (1} If, through analysis of data, it is determined there is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. Methods to analyze data for determination of bias are on file in the Bituminous Office. 2360.5 CONSTRUCTION REQUIREMENTS A General The following construction requirements provide for the construction of all courses. When construction is under traffic, the requirements of Mn/DOT 2221.3D will apply. Page 30 of 50 2360 Specification February 1, 2010 B Restrictions In general, no work within the roadway will be permitted in the spring until seasonal load restrictions on roads in the vicinity have been removed. However, work within the roadbed may be permitted before that time if, in the opinion of the Engineer, it can be done without damage to the subgrade. HMA shall not be placed when, in the opinion of the Engineer, the weather or roadbed conditions are unfavorable. No asphalt pavement wearing course (final wearing course if multiple wearing courses) shall be placed after October 15th in that part of the state north of an east -west line between Browns Valley and Holyoke, nor after November 1 st south of that line. The Engineer may waive these restrictions when: (1) The asphalt mixture is not being placed on the traveled portion of the roadway, or (2) The roadway involved will not be open to traffic during the following winter, or (3) The Engineer directs in writing the mixture be placed. The Contractor shall not use petroleum distillates such as kerosene and fuel oil to prevent adhesion of asphalt mixtures in pavement hoppers, truck beds, or on the contact surfaces of the compaction equipment. Anti -adhesive agent must meet the criteria for "Effect on Asphalt" as described in the most recent Asphalt Release Agent Report on file in Mn/DOT's Office of Environmental Services and the Bituminous Office. C Equipment C1 Asphalt Mixing Plants Cla Requirement for All Plants The Contractor shall test and calibrate all scales according to Mn/DOT 1901, except as otherwise designated by the Contract. C1a(l) Equipment for the Preparation of the Aggregate Add mineral filler to the mixture using a storage silo equipped with a device to ensure a constant and uniform feed. C12(2) Equipment for the Preparation of Asphalt Material Tanks for storage of asphalt material at the plant shall be equipped to heat the material and maintain the material at the required temperatures. The discharge end of the circulating line shall be below the surface of the asphalt material. Provide agitation for modified asphalt, when used, if recommended by the supplier. An outage table or chart and measuring stick shall be provided for each storage or working tank. Tanks shall be equipped with provisions for taking of asphalt binder material samples. After delivery of asphalt binder material to the Project, the Contractor shall not heat the material above 350T [175°C]. For modified asphalt, the maximum storage temperature shall not exceed the recommendation of the asphalt supplier. Cla(3) Asphalt Binder Control When asphalt binder material is proportioned by volume, the plant shall be equipped with either a working tank or a metering system for determining asphalt binder content of the mixture. The working tank shall have a capacity between 1,000 gallons [3 800 L] and 2,000 gallons [7 600 L]. The working tank shall be calibrated and supplied with a calibrated measuring stick_ The tank may be Page 31 of 50 2360 Specification February 1, 2010 connected to a mixing unit and used only during spot check operations, but it shall be available at all times. Any feedback shall be returned to the working tank during spot check operations. The metering system shall consist of at least one approved asphalt binder flow meter in addition to the asphalt binder pump. The flow meter shall be connected to the asphalt binder supply to measure and display only the asphalt binder being fed to the mixer unit. The meter readout shall be positioned for convenient observation. Means shall be provided for comparing the flow meter readout with the calculated output of the asphalt binder pump. In addition, the system shall display in gallons [liters] or to the nearest 0.001 tons [0.001 metric tons], the accumulated asphalt binder quantity being delivered to the mixer unit. The system shall be calibrated and adjusted to maintain an accuracy of + one percent error. This calibration shall be required for each plant set-up prior to production of mixture. Cla(4) Dryer: The aggregate shall be free of unburned fuel. Cla(5) Thermometric Equipment: The plant shall be equipped with a sufficient number of thermometric instruments to ensure temperature control of the aggregate and the asphalt binder material. C1a(6) Pollution Controls Cla(6)(a) Pollution.....................................................................................................................................1717 Cla(7) Surge and Storage Bins The plant may include facilities to store hot asphalt mixture for coordinating the rate of production with the paving operations. Storage of the hot mixture will be permitted for a period not to exceed 18 hours, provided the following requirements are met: (a) Hot mix storage facilities shall be designed and operated to prevent segregation of the mix, drainage of the asphalt from the mix, and to prevent excessive cooling or overheating of the mixture. (b) The temperature of the mixture at time of discharge from the storage facility shall be within a tolerance of 9°F [5°C] of the temperature when discharged from the silo or mixer. C2 Placement and Hauling Equipment All equipment shall be serviced away from the paving site to prevent contamination of the mixture. Units that drip fuel, oil, or grease shall be removed from the paved surface until such leakage is corrected. C2a Asphalt Pavers Asphalt pavers shall be self-contained, power propelled units, with an operational vibratory screed, capable of spreading and finishing courses of asphalt plant mix material in widths applicable to the specified typical sections and thicknesses, indicated in the Contract. The screed or strike -off assembly shall produce a finished surface of the required evenness and texture without tearing, shoving, or gouging. For mainline paving, if the paving width is greater than the basic screed, auger and mainframe extensions, which meet manufacture's recommendations for the paving width, are required unless otherwise directed by the Engineer. Strike -off only extension assemblies are not allowed for mainline wearing course paving, unless directed by the Engineer. All pavers shall be equipped with an approved automatic screed control. The automatic controls shall include a system of sensor -operated devices, which follow reference lines, or surfaces on one or both sides of the paver as required. The speed of the paver shall be adjusted to produce the best results. Page 32 of 50 2360 Specification February 1, 2010 Automatic screed control by means of an erected string line shall only be required when stated in the Contract. All mixtures shall be spread without segregation to the cross sections shown in the plans. In general, leveling layers shall be spread by the method producing the best results as approved by the Engineer. The objective is to secure a smooth base of uniform grade and cross section so that subsequent courses will be uniform in thickness. The leveling layer may be spread with a properly equipped paver or, when approved by the Engineer, ; motor grader equipped with a leveling device or with other means for controlling the surface elevation of the leveling layer. All mixtures shall be spread, to the fullest extent practicable, by an asphalt paver. When approved by the Engineer, mixtures may be spread by a motor grader in areas that are inaccessible to a paver such as on driveway entrances, irregular areas, short isolated areas or when the quantity of mixture makes it impractical to place with a paver. On shoulder surfacing and uniform width widening, when the placement width is too narrow for a paver, the mixture in each course shall be spread with an approved mechanical device. The placement of each course shall be completed over the full width of the section under construction on each day's run unless otherwise directed by the Engineer. C2b Trucks Trucks for hauling asphalt mixtures shall have tight, clean, and smooth beds. Mixture shall not be allowed to adhere to the truck beds. Adherence may be prevented by spraying the truck bed with an anti -adhesive agent in accordance with Section 2360.513. Each truck shall be equipped with a cover of canvas or other suitable material to protect the mixture from weather. The cover shall extend at least I foot [300 mm] over the sides and be attached to tie -downs unless the truck is furnished with a mechanical or automated covering system, which prevents airflow underneath by stretching the cover tightly on the top of or inside the sideboards. The cover shall be used when directed by the Engineer. C2c Motor Graders Motor graders shall be self-propelled and have pneumatic tires with a tread depth of 112 inch [13 mm] or less. They shall be equipped with a blade not less than 10 feet [3 m] in length and shall have a wheelbase of not less than 15 feet [4.5 m]. C2d Distributor Use a distributor designed, equipped, calibrated, maintained, and operated to uniformly apply material on surfaces with varying widths and up to 15 feet [4.6 m] wide. Provide a distributor capable of maintaining a uniform distributing pressure and controlling the application rates up to 2.0 gallons [9.OL] per square yard [square meter] within a tolerance of 0.02 gallon per square yard [0.09 L/m2]. Provide a distributor equipped with a tachometer, pressure gauges, accurate volume -measuring devices or a calibrated tank, a thermometer for measuring temperatures of tank contents, a power -operated pump, and full circulation spray bars with lateral and vertical adjustments. D Treatment of the Surface D1 Tack Coat An asphalt tack coat shall be applied to existing asphalt and concrete surfaces, and to the surface of each course or lift constructed, except for the final course or lift, according to Mn/DOT 2357. Emulsified asphalt tack coats shall be allowed to break, as indicated by a color change from brown to black, before a subsequent lift is placed. Page 33 of 50 2360 Specification February 1, 2010 The contact surfaces of all fixed structures and the edge of the in-place mixture in all courses at transverse joints and longitudinal joints shall be given a uniform but not excessive coating of liquid asphalt or emulsified asphalt before placing the adjoining mixture. E Compaction Operations After being spread, each course shall be compacted to the required density. "rhe rollers shall, as practicable, be operated continuously so all areas are thoroughly compacted to the required density. When not operating, the rollers shall not stand on the uncompacted mixture or newly rolled pavement having a surface temperature exceeding 140T [60°C]. Rolling with steel -wheeled rollers shall be discontinued if it produces excessive crushing or pulverizing of the aggregate or displacement of the mixture. To prevent adhesion of the mixture to the steel roller wheels, the contact surfaces of the wheels shall be kept properly moistened using water or a water solution containing small quantities of a detergent or other approved material. To secure a true surface, variations such as depressions or high areas, which may develop during rolling operations, and lean, fat or segregated areas shall be corrected by removing and replacing the material in the defective area. All such corrections shall be accomplished as directed by the Engineer at no expense to the Department. When mixtures are spread by a motor grader, pneumatic tired rollers shall compact the mixture simultaneously with the spreading operation. F Construction Joints Joints shall be thoroughly compacted to produce a neat, rightly bonded joint that meets surface tolerances. Both transverse and longitudinal joints are subject to density requirements as outlined in Section 2360.6 Pavement Density. F1 Transverse Joints A transverse joint (fall paver width at right angles to the centerline) shall be constructed when mixture placement operations are suspended. The forward end of the freshly laid strip shall be thoroughly compacted by rolling before the mixture has cooled. When work is resumed, the end shall be cut vertically for the full depth of the layer unless a formed edge is constructed as approved by the Engineer. F2 Longitudinal Joints Longitudinal joints between strips shall be parallel to the centerline. In multiple lift construction, the longitudinal joints between strips in each lift shall be constructed not less than 6 inches [150 mm] measured transversely from the longitudinal joints in the previously placed lift. When the wearing course is constructed in an even number of strips, one longitudinal joint shall be on the centerline of the road. When it is constructed in an odd number of strips, the centerline of one strip shall be on the centerline of the road, provided that no joint is located in the wheel path area of a traffic lane. Longitudinal joints in multiple lift construction over Portland cement concrete pavements may be aligned directly over the concrete pavement longitudinal joints at the discretion of the Engineer. At longitudinal joints formed by placing multiple strips, the adjoining surface being laid shall, after final compacting, be slightly higher (but not to exceed 1/8 inch [3 mm]) than the previously placed strip. When constructing a strip adjoining a previously placed strip or a concrete pavement, any fresh mixture that overlaps a previously placed strip or pavement shall be removed (to the longitudinal joint line) before any rolling is done. Page 34 of 50 2360 Specification February 1, 2010 G Asphalt Mixture Production (FOB Department Trucks) For asphalt mixture production, the Contractor shall, in addition to the asphalt mixture required on the Project, produce and deliver asphalt mixture to the Department. The mixture shall be the mixture being produced and shall be loaded on Department furnished trucks at the mixing plant at a time agreed on by the Engineer and Contractor. The Engineer will notify the Contractor of the total quantity of mixture desired not less than 2 weeks prior to completion of the wearing course construction. The Engineer will not accept the asphalt mixture if it is inappropriate for the Departments intended use. H Small Quantity HMA Paving Unless otherwise indicated in the Special Provisions, the following provision for a small quantity of asphalt mixture shall apply. A Mixture Design Report is not required for planned project quantities less than 4,000 square yard inches (4,500 square yards per 2 inch thickness, etc) [191,200 m2 mm] or 500 tons [450 metric tons]. However, the Contractor shall verify in writing the asphalt mixture delivered to the project meets the requirements of Table 2360.3-B2a and Table 2360.3B2b. The Department will obtain samples, as determined by the Engineer, to verify mixture requirements. These results will be used for material acceptance. Acceptance of material will be in accordance with the criteria outlined in Section 2360.4L1, L2, L3, and L8. 2360.6 PAVEMENT DENSITY A General All pavements will be compacted in accordance with the Maximum Density Method unless otherwise specified in the Contract special provisions or as noted in Section 2360.6C. Density evaluation will be for both compacted mat density and compacted longitudinal joint density on those projects utilizing gyratory design. B Maximum Density Method All courses or layers of plant mixed asphalt mixtures for which the Maximum Density Method is used shall be compacted to a density not less than the percentage shown in the Table of Required Density, Tables 2360.6-B2 and 2360.6-B2 LJ, for the applicable mixture and course and longitudinal joint type (i.e. confined or unconfined). Longitudinal joint density will not be evaluated on those lifts, which have a 1% reduced density requirement. If the Contractor elects to waive the I% reduced density requirement as per 2360.6134, then the Longitudinal Joint Density will be a requirement. Bl Maximum Density Determination The Density requirements listed in Table 2360.6B2 are percent of maximum specific gravity (Gni based on the individual lot. The Maximum specific gravity value used to calculate the percentage density for the lot shall be the average value obtained from the maximum gravity results from production tests taken during that days paving. If only one or two maximum specific gravity values were obtained that day, then the moving average value (at that test point) shall be used. If three or more maximum specific gravity values are obtained that day, then the average of those tests alone shall be used as indicated above. Bla Pavement Density Determination The density of each Iot shall be expressed as a percentage of the maximum specific gravity (% Gn„,,) obtained by dividing the average bulk specific gravity for the lot by the maximum specific gravity multiplied by 100, (maximum specific gravity basis is the average G.. of QC tests done on the day that the individual lot was paved as described above). Determination of the bulk specific gravity of the cores shall be in accordance with AASHTO T-166, Mn/DOT modified. For coarse graded mixtures the Engineer may require determination of bulk specific gravity of the cores be in accordance with ASTM D6752 Mn/DOT modified (Corelok). Both the Contractor and Mn/DOT shall use the same test method to determine bulk specific gravity. The Page 35 of 50 2360 Specification February 1, 2010 determination of coarse and fine graded mixtures will be based on the percentage of material passing the #8 sieve [2.365 mm] as defined in Table 23603-132c. Compaction operations shall be completed within 8 hours of mixture placement and before core samples are obtained for density determination. Only pneumatic tired or static steel rollers are permitted for any compactive effort performed between 6 and 8 hours after mixture placement. Compacted mixtures represented by samples or tests having deficient densities shall not be re - rolled. The Contractor shall not operate below the specified minimum density on a continuing basis. A continual basis shall be defined as all lots in a day's production failing to meet minimum density or more than 50% of lots on multiple days which fail to meet minimum density requirements. Production shall be stopped until the source of the problem is determined and corrective action is taken to bring the work into compliance with specified minimum required density. B2 Required Density Minimum density requirements for gyratory (SP) designed mixtures are listed in Table 2360.6-132. Minimum density requirements for longitudinal joint are listed in Table 2360.6-B2 LJ. Unless otherwise indicated in the Plans or Special Provisions, shoulders wider than 6 feet [1.8 meters] paved shall be compacted by the Maximum Density Method. When shoulders are required to be compacted by the Maximum Density Method and are paved in a separate operation or have a different required minimum density than the driving lane, the lot tonnage placed on the shoulder shall be delineated in separate lots from the driving lanes for the day paving was conducted. Unless otherwise indicated in the Plans or Special Provisions a narrow shoulder, 6 feet [1.8 meters] or less wide, that is paved in the same pass as a driving lane or that is paved separately will be compacted by the Ordinary Compaction Method. Mixture compacted under Ordinary Compaction is excluded from lot density requirements and that tonnage is also excluded from incentive/disincentive payment. If the Plans or Special Provisions indicate a narrow shoulder is to be compacted by the Maximum Density Method, the minimum required density is listed in Table 2360.6-132. If the minimum required density of the shoulder is different than the driving lane, the tonnage placed on the shoulder shall be delineated in separate lots from the driving lane. Echelon paving (two pavers running next to each other in adjacent lanes) shall be considered separate operations. Table 2360.6-B2 RPmrired Minimum Lat Densitv (Mat) 1) Minimum reduced by one percent on the first lift constructed over PCC pavements. 2) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 7 ton [6.35 metric ton] or less spring load restriction (roadway includes shoulders). Page 36 of 50 SP Wear Mixtures"""' SP Nonwear SP Shoulders 1)[z) Designed at 3% voids Designed at 4% voids 1 % Gmm 92.0 93.0 93.0 92.0 1) Minimum reduced by one percent on the first lift constructed over PCC pavements. 2) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 7 ton [6.35 metric ton] or less spring load restriction (roadway includes shoulders). Page 36 of 50 2360 Specification February 1, 2010 Table 2360.6-B2LJ Lou itudinal Joint Density Requirement Percent Densi Location Confined Edge* of Unconfined Edge* of 270* —5451 Mat Mat Long. Joint -- Wear & Shoulder (41/o air voids) 89.0 86.5 Long. Joint -- Non -Wear & Shoulder 3% air voids 90.0 87.5 Note: *Confined shall be defined as the edge(s) of the placed mat abutting another mat, pavement surface, or curb and gutter. Unconfined or unsupported means there is no abutment of the side of the mat being placed with another mat, pavement surface, etc. B2a Lots & Core Locations Table 2360.6-132a Lot Determination Daily English on[Metric Production ton Lots 300* — 600 270* —5451 1 601-1,000 546 — 9101 2 1,001 —1,600 911 — 1,4551 3 1,601 — 3,600 1,456 — 3,2751 4 3,601— 5,000 3,276 — 4,5451 5 5,001+ [4,546 +1 6 *When mix production is less than 300 tons [270 metric tons], establish I` lot when accumulative tonnage exceeds 300 tons [270 metric tons]. Compacted Mat Density Divide the days production into equal lots as shown in Table 2360.6-B2a. The Engineer may require additional density lots be established to isolate areas affected by equipment malfunctionibreakdown, heavy rain, or other factors that may affect the normal compaction operations. Obtain four cores in each lot. Two cores will be taken from random locations selected by the Engineer. The third and fourth cores (the companion cores) shall be taken within 1 foot [0.3 meters] longitudinally from the first two cores. All companion cores shall be given to the Department Street Inspector immediately upon completion of coring and sawing. The random locations will be determined by the Engineer using statistically derived stratified random number tables or other approved methods of random number generation. These will also be used for partial lots. If the random core location falls on a longitudinal joint cut the core with the outer edge of the core barrel 1 foot [0.3 meters] away (laterally) from the edge of the top of the mat (joint). Cores for compacted mat density will not be taken within 1 foot [300 mm] of any longitudinal joint. The Contractor shall be responsible for maintenance of traffic, coring, patching the core holes, and sawing the cores if necessary to the proper thickness prior to density testing. Longitudinal Joint Density Longitudinal joint density will be evaluated at random lots, as determined by the Engineer near the end of the days paving operation, for 20% of the lots established for compacted mat density (Table 2360.6-B2a). Determine the number of lots for longitudinal joint density by multiplying the number of lots calculated for mat density by 0.20 and rounding up to the next higher whole number. There is a minimum requirement of 1 lot per day for longitudinal joint density evaluation. Within lots designated as Longitudinal Joint Density lots, the Contractor will take the 4 cores per lot requirement for mat density, plus the Contractor shall take an additional 4 cores for longitudinal joint density. Cores for longitudinal joint density shall be taken at one of the locations (station) where cores are taken for "mat density". This determination will be made at random. A total of 6 cores will be at this location (station). Cores for Page 37 of 50 2360 Specification February 1, 2010 longitudinal joint density will be taken on both sides of the lane being paved. These "edge cores" shall be cut with the outer edge of the core barrel within 6 inches (150 nun) from the edge of the top of the mat for both confined and unsupported edges. Companion cores shall be taken within 1 foot [0.3 meters] longitudinally from each "edge core". The 2 cores for "mat density" (regular and companion core) shall be taken either 2 feet right or 2 feet left of the center of the lane being paved, regardless of random number generation. When the shoulder and driving lane are pulled in the same paving pass there is no longitudinal joint between the driving lane and shoulder. In these cases where there is no longitudinal joint do not cut a core on the imaginary line where there would have been a joint. The decision as to where to take the edge core or whether an edge core is taken is based on the shoulder density requirement. If the shoulder is to be compacted by the Ordinary Compaction Method there will only be 2 coring locations: the centerline longitudinal edge cores (6" from the joint) and the mat density cores (Tright or left of the center of the driving lane). In the density incentive/disincentive spreadsheet select "No Core" for what would have been the core next to the shoulder. This will assign a pay factor of 1.00 to this location. The centerline longitudinal joint core, taken 6" from the joint, is either confined or unconfined. If the shoulder is compacted by the Maximum Density Method there will be 3 coring locations: the centerline longitudinal edge cores (6" from the joint), the mat density cores (2' right or left of the center of the driving lane), and the edge of the shoulder (6" from the outside edge). Again, no core is cut on the imaginary line at the edge of the shoulder adjacent to the driving lane but that coring location is moved all the way to the edge of the shoulder (6" inside the edge). The centerline longitudinal joint core and edge cores are taken 6" from the joint and will be either confined or unconfined. B3 Core Testing Cores will be taken and tested by the Contractor. Core locations will be determined and marked by the Engineer. The Contractor shall schedule the approximate time of testing during normal Project work hours so that the Engineer may observe and record the saturated surface dry and immersed weight of the cores. Density determination will be made by the end of the next working day after placement and compaction. If multiple layers are placed in a single day, cores shall be sawn and separated for each layer, tested and reported by the end of the next working day. The Contractor will cut pavement samples from the completed work with power equipment, and restore the surface by the end of the next working day with new, well compacted mixture without additional compensation. Failure to restore the surface within 24 hours of coring shall subject the Contractor to a fine of $100 per working day, per lot, until the core holes are restored. Cores shall be cut using a 4 inch [100 mm] minimum outer diameter coring device. All samples shall be marked with the lot number and core number or letter. The cores shall be transported to the laboratory as soon as possible to prevent damage due to improper handling or exposure to heat. These companion cores may be tested by the Inspector on Department scales or transported to the Department's Field Laboratory or District Materials Laboratory. Measure each core three times for thickness prior to saw cutting; report the average lift thickness on the core sheet. These average thicknesses will contribute to thickness compliance as described in Section 2360.7A Companion Core Testing The Department will select at least one of the two companion cores per lot to be tested. However, the Department may elect to test all companions to provide a direct verification of all individual and daily average test results. For lots designated as Longitudinal Joint Density lots, the Agency will test at least one of the Mat Density companion cores and at least one of the Longitudinal Joint Density companion cores. Verification of the Contractor and Agency core bulk specific gravities will involve two comparisons. The first comparison will compare core bulk specific gravities of the Contractor's individual cores and Page 38 of 50 2360 Specification February 1, 2010 the corresponding Agency companion cores. The second comparison will compare the "days' average" core bulk specific gravities of Contractor and Agency tests. The comparison of the individual core bulk specific gravities will have a tolerance of 0.030 between the Contractor's bulk specific gravity and the Agency's bulk specific gravity. If the tolerance is exceeded, the Agency's result will be substituted for the Contractor's result. For the comparison of the Contractor and Agency "days' average" bulk specific gravities use only those tests that meet the 0.030 individual tolerance and compare the average of the Contractor specific gravities with the average of the Agency specific gravities. The tolerance will be variable depending on how many samples are compared and will be equal to 0.030 divided by the square root of the number of samples compared (0.030/4n). If this tolerance is exceeded, all the Agency's test results will be substituted for the Contractor's results for that day's paving. The Engineer may allow re -caring of a sample only when the core has been damaged through no fault of the Contractor, either during the coring process or in transit to the laboratory. The Agency may elect to develop and make available to the Contractor, an Internet data collection tool, to collect and analyze density core bulk specific gravity data. In this case, the Contractor may voluntarily use this tool to input density core data_ In such a case, the Agency would use the data to determine the reliability of the Contractor's density core data. If the analysis finds an acceptable level of reliability, the Agency could authorize a reduction of coring frequency for companion cores to one Agency companion for every two Contractor's cores. B4 Maximum Density Acceptance and Payment Schedule The density of compacted mixture shall be accepted by pavement cores on a lot basis. The Contractor's cores will be used for acceptance, after the Agency result substitutions have been made, as stipulated above. Payment factors for mat density and longitudinal joint density are listed in Tables 2360.6-B4, 2360.6-134b LJ, and 2360.6-B4c LJ shown below. Incentive and disincentive payments are for both wearing and non -wearing courses. However, incentive payment for longitudinal joint density will be limited to only those lots in which longitudinal joint density has been evaluated. When the density requirement has been reduced by one percent, per Table 2360.6-132, footnote I & 2, payment adjustments for lot densities will be made as specified in Table 2360.6-B4a. Incentive payments are excluded when the minimum density has been reduced. However, at the Contractors request and with approval of the Engineer, the reduced density requirement may be waived and density evaluated under Table 2360.6-B4, including incentives, for first lift constructed on aggregate base, reclaimed or cold inplace recycled base courses and fust lift of an overlay on a roadway with a 7 ton [6.35 metric ton] or less spring load restriction (reduced density shall not be waived for the first lift constructed on PCC pavements). The request and approval shall be made after the first days paving and before the third days paving begins. Once the request has been approved, evaluation of density will be in accordance with Table 2360.6-132 (excluding footnote 2) and Table 2360.6-134, and will remain in effect for the duration of mixture placement on that lift_ The Contractor will also be responsible for compliance with any construction requirements on subsequent lifts. Page 39 of 50 2360 Specification February 1, 2010 Table 2360.6-134 pavmnnt RrhPrinle fnr Ma4-imnm Mat Densitv % Density SP Wear, and SP Shld 4% Void % Density SP Non -Wear, SP Shoulders 3% Void Percent Payment 93.6 and above 94.6 and above 1.04 131 93.1-93.5 94.1-94.5 1.02 t 92.0-93.0 93.0-94.0 1.00 91.0-91.9 92.0-92.9 0.98 90.5-90.9 91.5-919 0.95 90.0-90.4 91.0-91.4 0.91 89.5-89.9 90.5-90.9 0.85 89.0-89.4 90.0-90.4 0.70 Less than 89.0 Less than 90.0 0.85 Table 2360.6-134A "3 1 % Rednred Tahle Percent of Max Specific Gravity SP Wear, and SP Shld 4% Void Percent of Max Specific Gravity SP Non -Wear, and SP Shoulders 3% Void Percent Payment 91.0 and above 92.0 and above 100 90.0-90.9 91.0-91.9 98 99.7-89.9 90.5-90.9 95 89.4-89.6 90.0-90.4 91 89.2-89.3 89.5-89.9 85 89.0-89.1 89.0-89.4 70 Less than 89.0 c4' Less than 89.0 0.95 Table 2360.6-B4a LJ (5) Payment Schedule for Longitudinal Joint Density !CP Waar and CP Chld !dM/ Vnidll % Density Long. Joint (Confined Edge) Pay Factor B (Confined Edge) % Density Long. Joint (Unsupported Ed e) Pay Factor C (Unsupported Edge) 91.6 and above 1.02 89.6 and above 1.02 91.1-91.5 1.01 89.1-89.5 1.01 (31 89.0-91.0 1.00 86.5-89.0 1.00 88.0-88.9 0.98 85.5-86.4 0.98 87.5-87.9 0.95 85.0-85.4 0.95 87.0-87.4 0.91 84.5-84.9 0.91 86.5-86.9 0.85 84.0-84.4 0.85 Less than 86.5 0.70 Less than 84.0 0.70 Page 40 of 50 2360 Specification February 1, 2010 Table 2360.6-134b LJ () Payment Schedule for Longitudinal Joint Density (SP Non -Wear. and SP Shoulders (30% Vold)) % Density Long. Joint (Confined Edge) Long. (Confined Edge) %Density Long. Joint (Unsupported Edge) (Unsupported Edge) 92.6 and above 1.02PY 90.6 and above 1.02 c3 92.1-92.5 1.01 90.1-90.5 1.01 90.0-92.0 1.00 87.5-90.0 1.00 89.0-89.9 0.98 86.5-87.4 0.98 88.5-88.9 0.95 86.0-86.4 0.95 88.0-88.4 0.91 85.5-85.9 0.91 87.5-87.9 0.85 85.0-85.4 0.85 Less than 87.5 0.70 Less than 85.0 0.70 (1) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first Iift of an overlay on a roadway with a 7 ton [6.35 metric ton] or less spring load restriction (roadway includes shoulders). Minimum reduced by one percent on the first lift constructed on PCC pavements (reduced density cannot be waived). (2) In calculating the percent of maximum specific gravity, report to the nearest tenth. (3) The payment in this portion of the specification shall apply only if the day's weighted average individual production air voids are within - 0.5 percent of the target air void value. The weighted average air voids shall be based on all the mixture production tests (2360.4e) for the corresponding day and shall be weighted by the tons the corresponding test represents. (4) The HMA material represented by the lot shall be paid at a 70% pay factor, unless a single core density is less than 87.0% of the maximum specific gravity (Gmm). If a single core density is less than 87.0% of Gmm, the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. Reduced payment will be 50 percent of the Contract bid price. If the mixture is to be removed and replaced, the Contractor at his expense will remove and replace with mixture that meets the density requirement. The limits of the area to be removed and replaced will be determined by additional core samples. These additional core samples shall be taken at the same offset from centerline as the original core; unless the original low density core was taken within 1.5 feet [0.45 m] of an edge of the paver pass. In that case, the additional cores shall be taken 1.5 feet [0.45 m] from the edge of the paver pass. The densities shall be determined at 50 foot [ 15 m] intervals, both ahead and back of the point of unacceptable core density (less than 87.0% of Gmm), until a point of acceptable core density (87.0% of Gmm or greater) is found. If the incremental core density testing extends into a previously accepted lot, removal of the unacceptable material will be required, however, the results of these tests shall not be used to recalculate the previously accepted lot density. All costs incurred from additional coring and testing, resulting from unacceptable core density, will be paid by the Contractor. The unacceptable pavement area is to be computed as the product of the longitudinal limits so determined by the 15 in [50 foot] cores and the full width of the paver pass, laying in the traffic lane or lanes. Shoulders shall be exempt from this calculation unless density failure occurred in the shoulder area. After the unacceptable material (core density less than 87.0% of Gmm) has been removed and replaced, the density of the replacement material will be determined by the average of two cores. Payment for the replacement material will be in accordance with Tables 2360.6-84 or 2360.6-134, whichever applies. There will be no payment for the material removed. The remainder of the original lot shall have a 70% pay factor. (5) Incentive payment for longitudinal joint density will be limited to only those lots in which longitudinal joint density has been evaluated. Page 41 of 50 2360 Specification February 1, 2010 Pay Factor Determination The total pay factor will be determined by selecting one of the following three cases based on longitudinal joint construction i.e., whether the edges of the mat (right and left) are confined or unsupported. Confined shall be defined as the edge(s) of the placed mat abutting another mat, pavement surface, or curb and gutter. Unsupported means there is no abutment of the side of the mat being placed with another mat, pavement surface, etc. Case 1) Total Pay Factor = (Pay Factor A) X (Pay Factor B) X (Pay Factor C) Case 2) Total Pay Factor = (Pay Factor A) X (Pay Factor B) X (Pay Factor B) Case 3) Total Pay Factor = (Pay Factor A) X (Pay Factor C) X (Pay Factor C) Where: Pay Factor A is for mat density Pay Factor B is confined edge density, and Pay Factor C is for unsupported edge density Note: Use a pay factor of 1.00 for Pay factor B and/or Pay factor C in lots where no cores are taken at the longitudinal ,point. C Ordinary Compaction Method Ordinary compaction shall be used for layers identified in the typical sections with a minimum planned thickness of less than 1 1/2 inches [40 mm], thin lift leveling, wedging layers, patching layers, driveways, areas which cannot be compacted with standard highway construction equipment. Unless otherwise indicated in the Plans or Special Provisions recreational trails shall also be compacted by ordinary compaction. The ordinary compaction method shall not be used on mainline, ramp, or loop paving, unless otherwise designated in the plans or special provisions. When density is evaluated by the ordinary compaction method a control strip shall be used to establish a rolling pattern. This shall be used by the Contractor for the compaction of the asphalt mixture for the layer on which the control strip is constructed, or until a new control strip is constructed. The control strip requirement may be waived, by the Engineer, in small localized areas or other areas not conducive to its establishment. A control strip shall be constructed at the beginning of the work on each lift of each course. Each control strip shall have an area of at least 395 square yards [330 m2] and shall be of the same thickness as the lift it represents. The subgrade or pavement course upon which a control strip is to be constructed shall have the prior approval of the Engineer. The control strips shall remain in place and become part of the completed work. The materials used in the construction of the control strips shall conform to the specified requirements for the course. The materials used in the control strip shall be from the same source and of the same type as the materials used in the remainder of the course that the control strip represents. The equipment used in the construction of the control strips shall be approved by the Engineer and shall be the same type and mass used on the remainder of the pavement course represented by the control strip. A minimum of two rollers shall be required. A rolling pattern shall be established for each roller. A pneumatic tired roller shall be available for compaction operations within 24 hours after request by the Engineer. The final rolling shall be performed with a tandem steel -wheeled roller. Areas that are inaccessible to the conventional type rolling equipment shall be compacted to the required density by using trench rollers or mechanical tampers. Construction of the control strips will be as directed by the Engineer. Compaction shall commence as soon as possible after the mixture has been spread to the desired thickness and shall continue until no appreciable increase in density can be obtained by additional roller's coverage. Densities will be determined by means of a portable nuclear testing device or suitable approved alternate and a growth curve shall be developed to determine the optimum rolling pattern. The Contractor shall furnish documentation of the growth curve to the Engineer. Page 42 of 50 2360 Specification February 1, 2010 To determine when no appreciable increase in density can be obtained, two test points shall be established in the control strip on a random basis and the density at each point shall be measured by a portable nuclear device or suitable approved alternate after each roller pass. Rolling shall be suspended when testing shows either a decline of more than 2% of the maximum specific gravity or when additional roller passes fail to increase the density. After said testing is accomplished, rolling on the remainder of that course shall be done in accordance with the pattern developed in the test strip for that roller. A separate rolling pattern and time interval shall be established for each roller. A new control strip shall be ordered by the Engineer when: (a) A change in the RVIF is made, or (b) A change in the source of material is made or a change in the material from the same source is observed. A new control strip may be ordered by the Engineer or requested by the Contractor when: (a) Ten days of production have been accepted without construction of a new control strip, or (b) There are other reasons to believe that a control strip density is not representative of the HMA mixture being placed. The nuclear testing device shall be furnished and operated by the Contractor. The furnishing of the testing device and the operator will be considered incidental to the furnishing and placement of the HMA mixture and shall not be compensated for separately. The device shall be calibrated according to procedures described in the Mn/DOT Bituminous Manual. Each course shall be uniformly compacted until there is no further evidence of consolidation and all roller marks are eliminated. When this method is employed, and the quantity of mixture placed by the paver exceeds 110 tons 1100 metric tons] per hour, at least two rollers are required for compacting the mixture placed by each paver. Cl Rollers The following requirements for rollers apply only when compaction is obtained by the ordinary compaction method. C2 Steel -Wheeled Rollers Steel -wheeled rollers shall be self-propelled and has a minimum total mass of 8 tons [7.3 metric tons], or as otherwise specified in the Contract. When vibratory rollers are used, they shall produce 3,085 Ibf per foot [45 kN per meter] of width. The frequency should be at least 2400 vpm and amplitude setting low. The roller shall be capable of reversing without backlash and shall be equipped with spray attachments for moistening all rollers on both sets of wheels. C3 Pneumatic Tired Rollers The pneumatic -tired roller shall have a compacting width of 5 feet [ 1.5 m] or more. It shall be so constructed that the gross wheel load force shall be a minimum of 3,000 pounds [ 13 kN] per wheel for SP Level 2-3 mixtures and 5,000 pounds [22 kN] per wheel for SP Level 4-6 mixtures and can be varied as directed by the Engineer. The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. The roller may be self propelled or provided with suitable tractive equipment, unless otherwise specified in the Contract. If more than one roller is propelled by a single tractive unit, then that combination will be counted as a single roller unit. Page 43 of 50 2360 Specification February 1, 2010 C3a Vibratory Pneumatic -Tired Rollers Vibratory pneumatic -tired rollers shall be self-propelled and have a minimum total mass of 8 tons [7.3 metric tons], or as otherwise specified in the Contract. The compacting width shall be 5 feet [ 1.5 m] or more. The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. C4 Trench Rollers Trench rollers shall be self propelled and have a mass of not less than 2,960 pounds per foot [4 400 kg per meter] of width. C5 Mixture Temperature Controls If compaction is obtained by the ordinary compaction method, the minimum laydown temperature in all courses (as measured behind the paver or spreading machine) of the asphalt mixture shall be in accordance with the temperature requirements of Table 2360.6-05. Unless directed by the Engineer in writing, no paving is allowed under the Ordinary Compaction Method when the air temperature is below 32°F [0°C]. Table 2360.6-05 Mixture Temperature Controlt� Tem erature Compacted Mat Thickness, inches (A) OF [QCI 1 inch 25 mm 1-112 inch 40 mm 2 inch 50 mm >3 inch 75 mm +32-40 0-5 -- 265 129 255 [1241 250 121 + 41-50 6-10 270 (B) [1301 260 r1271 250 121 245 118 + 51-60 rl1-15 260 1271 255 [1241 245 [1181 240 115 + 61-70 16-21 250(")[12 245 1181 240 [1151 235 113 + 71-80 22-27 245 [1181 240 F 115 235 [1131 235 113 + 81-90 28-32 235 113 230 110 230 [1101 230 110 91+ + 331 230 [1101 230 r5ol 230 ri10 225 107 (A) Based on approved or specified compacted lift thickness. (B) A minimum of one pneumatic -tire roller shall be used for intermediate rolling unless otherwise directed by the Engineer. The Engineer may specify or modify in writing (with concurrence from the Department Bituminous Engineer) a minimum laydown temperature. (C) Not applicable if a WMA additive or process is used. 2360.7 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A Thickness After compaction the thickness of each lift shall be within a tolerance of 1/4 inch [6 mml of the thickness shown in the Plans, except that, if automatic grade controls are used, this thickness requirement will not apply to the first lift placed. This thickness requirement will not apply to a leveling lift whether or not automatic grade controls are required. The Engineer may require removal and replacement, at the Contractor's expense, of any part of any lift that is constructed to less than the minimum required thickness. Cores taken for density determination shall be measured for thickness also. Each core shall be measured 3 times for thickness prior to sawing. Report the average of these three measurements. Each lot's average core thickness shall be documented and submitted to the Engineer. If the average of the two Contractor cores exceed the specified tolerance, an additional two cores may be taken in the lot in question. The average of all core thickness measurements per day per lift will be used to determine daily compliance with thickness specifications. On that portion of any lift constructed to more than the maximum permissible thickness, the materials used in the excess mixture above that required to construct that portion of the lift to the Plan thickness plus 114 inch [6 mm] may be excluded from the pay quantities and at the discretion of the Engineer and at the Contractor's expense may be required to be removed and replaced. Page 44 of 50 2360 Specification February 1, 2010 B Surface Requirements After compaction, the finished surface of each lift shall be reasonably free of segregated, open and tom sections, and shall be smooth and true to the grade and cross section shown on the Plans with the following tolerances_ (1) Where a leveling lift is specified, it shall be constructed to within a tolerance of 1/2 inch [15 mm] of the elevations and grades established by the Engineer. This requirement shall also apply to the first lift placed other than leveling when automatic controls are used. (2) The surface of the fmaI two lifts placed shall show no variation greater than 6 mm 114 inch [6 mm] from the edge of a 10 foot [3 m] straightedge laid parallel to or at right angles to the centerline. Shoulder surfacing and surfacing on temporary connections and bypasses shall show no variations greater than 1/4 inch [6 mm] from the edge of a 10 foot [3 m] straightedge laid parallel to the centerline. (3) After final compaction, all final lift asphalt wearing surfaces adjacent to concrete pavements shall be slightly higher (but not to exceed 1/4 inch [6 mm] than the concrete surface. After final compaction, all asphalt surfaces adjacent to gutters, manholes, pavement headers, or other fixed structures shall be slightly higher (but not to exceed 114 inch [6 mm] than the surface of the structure. (4) Transverse joints (construction joints), at the beginning and end of a project, at paving exceptions, or caused by suspension of daily paving operations, shall show no variation greater than 1/4 inch [6 mm] from the edge of a 10 foot [3 m] straightedge centered longitudinally across the transverse joint. The Engineer may require correction by diamond grinding when material is placed outside the above-described limitations. (5) The transverse slope of the surface of each lift, exclusive of the shoulder wearing lift, shall not vary from the slope shown in the Plans by more than 0.4 percent. (6) The distance between the edge of each lilt and the established centerline shall be no less than the Plan distance nor more than 3 inches [75 nun] greater than the Plan distance. In addition, the edge alignment of the wearing lift on tangent sections and on curve sections of 3 degrees or less shall not deviate from the established alignment by more than 1 inch 125 nun] in any 25 foot [7.5 m] section. (7) The finished surface of each lift shall be reasonably free of segregated and open and tom sections and deleterious materials. Any material placed outside the above described limitations shall be removed and replaced after being cut or sawed at no expense to the Department or with the approval of the Engineer, allowed to remain inplace at a reduced cost calculated at $10 per square yard [$12 per square meter]. Any single occurrence of material outside the limitations described above shall be considered to have a minimum dimension of one square yard square [one square meter] in any dimension. C Pavement Smoothness Specification — IRI (International Roughness Index) Cl General Pavement smoothness will be evaluated on the final mainline pavement surface using an Inertial Profiler (IP) and the International Roughness Index (IRI). Unless otherwise authorized by the Engineer, all smoothness testing shall be performed in the presence of the Engineer. The Engineer and the Contractor shall mutually agree upon scheduling of smoothness testing so that testing can be observed. Any testing performed Page 45 of 50 2360 Specification February 1, 2010 without the Engineer's presence, unless otherwise authorized, may be ordered retested at the Contractor's expense. The following Table 2360.7-A (IRI) shows pavement surfaces that are excluded from smoothness testing but subject to 2360.7B surface requirements. Table 2360.7 — A (IRI) Testing Exclusions 25 foot 7.62 ml feet either side of obstructions such as manholes, water nTply castings, etc.* Lamps, Loops, Climbing lanes Side Streets, Side Connections Turn Lanes, Storage Lanes, Crossovers, B ass Lanes Shoulders Intersections constructed under traffic — Begin and end the exclusion 100 feet 30.5m from the intersection radius Sections less than 25 foot 7.62 m in length Acceleration, Deceleration Lanes Projects less than 1000 feet 300m in length Mainline paving where the normally posted regulatory seed is less than orequal to 45 miles per hour 70 km/hr Begin the exclusion at the si Single lift overly s over concrete *Mainline shall be included in profiling if obstructions are located in auxiliary or parking lanes C1A Smoothness Requirements Pavement smoothness requirements will be evaluated by the International Roughness Index (IRI) Equation A, Equation B, or Equation C. The pavement smoothness Equation will be identified in the Special Provisions of the proposal. Location of bumps and/or dips and magnitude will be based on California Test Method 526. C2 Measurement Smoothness will be measured with an IP, which produces both an IRI value and a profilogram (profile trace of the surface tested). The IP shall conform to the Class 1 requirements of ASTM E950-94 and must be certified according to the most recent procedure on file in the Bituminous Office. For pavement evaluation, one pass will be made in the right wheel path of each traffic lane. The IP shall be run in the direction the traffic will be moving. Each lane will be tested and evaluated separately. The Engineer will determine the length in miles [kilometers] for each mainline traffic lane. The IP shall be operated at the optimum speed as defined by the manufacturer. C3 Smoothness testing The Contractor shall furnish a properly calibrated, documented, and MnDOT certified IP. The IP shall be equipped with automatic data reduction capabilities. Computer programs used to calculate the IRI statistic from a longitudinal roadway profile shall follow the procedure developed by the World Bank for a quarter -car simulation as described in NCHRP report 228. Mn/DOT certification documentation shall be provided to the Engineer on the first day the IP is used on the project. IP settings are on file in the Bituminous Office. The Contractor shall funnish a competent operator, trained in the operation of the IP and evaluation of both California Test Method 526 and the International Roughness Index. The Contractor shall remove all objects and foreign material on the pavement surface prior to surface evaluation by power brooming. Page 46 of 50 2360 Specification February 1, 2010 The pavement surface will be divided into sections which represent continuous placement. A section will terminate 25 foot [7.62 m] before a bridge approach panel, bridge surface, manhole or similar interruption. In the final pavement evaluation, a day's work joint will be included in the trace with no special consideration. A section will be separated into segments of 0.1 mi [0.1 km]. A segment will be in one traffic lane only. An IRI value shall be computed for each segment of 25 foot [7.62 m] or more. The IRI value will include the 25 foot [7.62 m] at the ends of the section only when the Contractor is responsible for the adjoining surface. End of run areas not included in the IRI value and any sections of pavement less than 25 foot [7.62m] in length shall be checked longitudinally with a 10 ft [3.028 m] straight edge and the surface shall not deviate from a straight line by more than 114 inch in 10 ft [6 mm in 3.028 m]. Transverse joints shall be evaluated by centering the straightedge longitudinally across the transverse joint. The Contractor shall submit the graphical trace, a summary of the bump(s)/dip(s) locations, the magnitude of the bumps)/dip(s) and each segment ERI value on the same day as the profiling was conducted. The Contractor shall submit a final spreadsheet summary of the smoothness data to the Engineer within five calendar days after all mainline pavement placement. The summary shall be signed by the Contractor. The spreadsheet summary shall be in tabular form, with each 0.1 mile [0.1 km] segment occupying a row. Each row shall include the beginning and ending station for the segment, the length of the segment, the final IRI value for the segment, the IRI based incentive/disincentive in dollars for the segment, and the deductions for bumps)/dip(s) in dollars for the segment. Each continuous run will occupy a separate table and each table will have a header that includes the following: the project number, the roadway number or designation, a lane designation, the mix type of the final lift, the PG binder of the final lift, the date of the final smoothness runs, and the beginning and ending station of the continuous run. The following information shall be included at the bottom of each summary: a subtotal for the IRI based incentiveldisincentive, a subtotal for the bump deductions, and a total for incentive/disincentive for both IRI values and bumps. Software to summarize the data is available from the Mn/DOT Bituminous Office at www.mrr.dot.state.mn.us/pavement/bituminous/bituminous.asp. The Contractor will be responsible for all traffic control associated with the smoothness testing and any corrective action (when applicable) that is required of the final pavement surface. C3A Retesting The Engineer may require any portion or the total project to be retested if the results are questioned. This includes both IRI values and bump/dip locations. The Engineer will decide whether Mn/DOT, an independent testing firm (ITF), or the Contractor will retest the roadway surface. If the retested IRI values differ by more than 10% from the original IRI values, the retested values will be used as the basis for acceptance and any incentive/disincentive payments. In addition, bump/dip locations as shown by the retest will replace the original results. If the Engineer directs the Contractor or an independent testing firm to perform retesting and the original results are found to be accurate, the Department will pay the Contractor or the independent testing firm $62.14 per lane km [$100 per lane mile] that is retested, with a minimum charge of $500.00. The Contractor will be responsible for any costs associated with retesting if the original values differ by more than 10% from the retested values. C4 IRI Values The IP shall be equipped with automatic data reduction capabilities for determining the IRI values. An IRI value shall be calculated for each segment of the final pavement surface. Segments greater than or equal to 7.62 m [25 feet] and less than 161m [528 feet] shall be evaluated as a separate segment. The IRI values shall be determined by following NCBRP report 228. The MI values shall be reported in units of inches per mile [m per Page 47 of 50 2360 Specification February 1, 2010 km]. Report inches per mile with one digit right of the decimal and for in per km report with two digits right of the decimal. Follow Mn/DOT rounding procedures per the Bituminous Manual section 5-693.730. C4a Bumps and Dips - IRI Equation A and IRI Equation B Bump/dip location will be determined in accordance with California Method 526. Bumps and dips equal to or exceeding 0.4 inch in a 25 ft [10.2 mm in a 7.62 ml span shall be identified separately. When the profile trace shows a successive, uninterrupted bump, dip; or dip, bump combination (up to a maximum of 3 alternating trace deviations that relate to one bump or dip on the roadway), identify and evaluate these occurrences as one event. The Contractor shall correct, by diamond grinding, all areas represented by bumps or dips of 0.4 inch [10.2 mm] or more as measured by California Test Method 526. However, the Engineer may allow bumps or dips of 0.4 inches to 0.6 inches [ 10.2 mm to 15.2 mm] in a 25 foot [7.62 m] span to be left uncorrected, and in such case, the contractor will be assessed a price deduct as specified in section C6 ("Payment") of this special provision. Corrected dips or bumps will be considered satisfactory when the profilogram shows the deviations are less than 0.4 inch in a 25 foot [10.2 mm in a 7.62 m] span. Cob Bumps and Dips - IRI Equation C Bump/dip location will be determined in accordance with California Method 526. Bumps and dips equal to or exceeding 0.5 inch in a 25 ft [12.7 mm in a 7.62 ml span shall be identified separately. When the profile trace shows a successive, uninterrupted bump, dip; or dip, bump combination (up to a maximum of 3 altemating trace deviations that relate to one bump or dip on the roadway), identify and evaluate these occurrences as one event. The Contractor shall correct, by diamond grinding, all areas represented by bumps or dips of 0.5 inch [12.7 mm] or more as measured by California Test Method 526. However, the Engineer may allow bumps or dips of 0.5 inches to 0.7 inches [ 12.7 mm to 17.8 mm] in a 25 foot [7.62 m] span to be left uncorrected, and in such case, the contractor will be assessed a price deduct as specified in section C6 ("Payment") of this special provision. Corrected dips or bumps will be considered satisfactory when the profilogram shows the deviations are less than 0.5 inch in a 25 foot [12.7 mm in a 7.62 m] span. C5 Surface Correction Unless otherwise approved by the Engineer, corrective work shall be by diamond grinding. Other methods may include; overlaying the area, or replacing the area by milling and inlaying. The Engineer shall approve of the Contractor's method of correcting segment(s) prior to the Contractor starting corrective work. Any corrective actions by milling and inlay or overlay shall meet the specifications for ride quality over the entire length of the correction, including the first and last 25 foot [7.62 m]. Bumps or dips in excess of 0.4 inches [10.2 mm] where evaluation is by Equation A or B or bumps or dips in excess of 0.5 inch [12.7 mm] where evaluation is by Equation C that are located at transverse joints at areas of corrective actions utilizing overlay or milling and inlay, shall be removed by diamond grinding. The Contractor shall notify the Engineer prior to commencement of the corrective action. If the surface is corrected by overlay, inlay or replacement, the surface correction shall begin and end with a transverse saw cut. Surface corrections shall be made prior to placing permanent pavement markings. In the event that permanent pavement marking are damaged or destroyed during surface correction activities, they will be replaced at no cost to the Agency. When pavement smoothness evaluation by Equation A is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 65 inches/mile [ 1.03 in per km] or the Engineer may assess a $900 per 0.1 mile [$560 per 0.1 km] penalty in lieu of requiring corrective work. Page 48 of 50 2360 Specification February 1, 2010 When pavement smoothness evaluation by Equation B is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 75 inches/mile [1.18 m per km] or the Engineer may assess a $675 per 0.1 mile [$420 per 0.1 km] penalty in lieu of requiring corrective work. When pavement smoothness evaluation by Equation C is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 85 inches/mile [1.34 m per km] or the Engineer may assess a $450 per 0.1 mile [$280 per 0.1 km] penalty in lieu of requiring corrective work. Bump, dip, and smoothness correction work shall be for the entire traffic lane width. Pavement cross slope shall be maintained through corrective areas. All corrective work shall be subject to the approval of the Engineer. After all required corrective work is completed a final segment(s) IRI value and bump/dip tabulation shall be determined and submitted to the Engineer. Corrective work and re-evaluation shall be at the Contractor's expense. Segments requiring grinding will be re -profiled within two working days of completion of grinding. Individual bumps/dips and segments requiring grinding shall be completed with 15 working days of notification. C6 Payment The cost of traffic control for certified smoothness testing and/or any corrective work is incidental to the cost of the Wear course mixture. The Contractor may receive an incentive payment or be assessed a penalty based on the number of segments and the IRI value. The total ride incentive shall not exceed 10% of the total mix price for pavement smoothness evaluated under IRI Equation A, 5% of the total mix price for pavement smoothness evaluated under Equation B, or 5% of the total mix price for pavement smoothness evaluated under Equation C. Total mix shall be defined as all mixture placed on the project. Only those segments which have had no corrective work or work to improve the ride are eligible for IRI incentive payment. Incentive payment for IRI will be based on the roadway segment before corrective work is performed. Grinding of the segment into incentive payment or grinding of the segment in order to obtain a higher incentive payment is not allowed. IRI incentive payment is independent of pay adjustment for bumps and dips. The Contractor will not receive a net incentive payment for ride if more than 25% of all density lots (excluding longitudinal joint density) for the project fail to meet minimum density requirements. For pavement smoothness evaluated under Equation A uncorrected bumps or dips greater than or equal to 0.4 inches [ 10.2 mm] in a 25 foot [7.62 m] span will be assessed a price deduction of $900 per event. For pavement smoothness evaluated under Equation B uncorrected bumps or dips greater than or equal to 0.4 inches [ 10.2 mm] in a 25 foot [7.62 m]span will be assessed a price deduction of $675 per event. For pavement smoothness evaluated under Equation C uncorrected deviations (bumps or dips) greater than or equal to 0.5 inches [12.7 nun] in a 25 foot [7.62 m] span will be assessed a price deduction of $450 per event. Combinations of bumps and dips which arise from the same single bump or dip are considered to be one event, and shall be counted only once for the purposes of calculating price deductions. Typically, bump -dip - bump combinations, or dip -bump -dip combinations, that are confined to a 30 feet longitudinal segment are considered to be one event. Bumps or dips resulting from a construction joint will be assessed a $900 penalty, regardless of the IRI Equation used for evaluation or pavement smoothness. Page 49 of 50 2360 Specification February 1, 2010 Incentive/disincentive payments will be based on the IRI determined for each segment and will be based on the following equations and criteria. C6a Inches/mile fIRI� < 30 inches/mile [<0.47 m/km] 30 inches/mile to 65 inches/mile [0.47 n>/km to 1.03 m/km] > 65 inches/mile [>1.03 m/km] * Typically, 3 -lift minimum construction C6b Incbes/mile RU < 33 inches/mile [< 0.52 m/km] 33 inches/mile to 75 inches/mile [0.52 m/k rn to 1.18 m/km] > 75 inches/mile [>1.18 m/km] * Typically, 2 -lift construction C6c Inches/mile [IRI m/kml < 36 inches/mile [< 0.57 m/km] 36 inches/mile to 85 inches/mile [0.57 m/km to 1.34 m/km] > 85 inches/mile [>1.34 m/km] * Typically, single lift construction 2360.8 METHOD OF MEASUREMENT A Asphalt Mixture IRI Equation A* Incentive/Disincentive /Q.1mile /0.lkm $400[$2491 $850 — (IRI x 15) [$523 — (IRI x 584)] -$900[-$560] M Equation B* incentive/Disincentive /0.1mile /0.lkm $270 [$168] $600 — (IRI x 10) [$373 — (IRI x 395)] -$675 [-$420] IRI Equation C* Incentive/Disincentive $/Q.lmile [$/Q.1km] $180 [$112] $414 — (IRI x 6.5) [$258 — (IRI x 257)] -$450 [-$280] Asphalt mixture of each type will be measured separately by mass, based on the total quantity of material hauled from the mixing plant, with no deductions being made for the asphalt materials. B Blank C Asphalt Mixtures Measured by the Square Yard [Square Meter] per Specified (inch [mm]) and for Mixtures Measured by the Square Yard inch Asphalt mixture of each type and for each specific lift will be measured separately by area and by thickness on the basis of actual final dimensions placed. The constructed thickness shall meet tolerances set forth in Sections 2360.7A. Page 50 of 50 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 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 1123 - Aggregate Base Courses. 4. Section 32 12 02 - Flexible Paving (State Aid). S. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. Bid Item for 4" 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 incidental. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 1123. 2. A Bid Item has been provided for 6" Concrete Walk for Pedestrian Curb Ramp. Measurement shall be on the basis of square feet of ramp actually constructed. a. Measurement of ramp shall not include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be incidential. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 1123. 3. A Bid Item has been provided for the Truncated Domes, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Domes actually constructed. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS cp 2011 Bonestroo 1000034-10231-0 321314-1 a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 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. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construct concrete walks no sooner than 72 hours after placement of the concrete curb. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures. conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification a. Sidewalk and Residential Driveways. 1) Manual Placement Mix No. 3Y32 -A. 2) Slip Form Placement Mix No. 3Y22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound. Conform to MnDOT Spec. 3/54- 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 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10231-0 321314-2 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 1123. E. Truncated Dome Panels: Approved products 1. Yellow Neenah R-4984 Detectable Warning Plate or approved equal. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to site. B. Construct concrete walkway at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. D. Construct concrete curb ramp to conform to the Drawings. E. Verify locations with Engineer in the field prior to construction. F. 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. G. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. H. 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. 2521.36. 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: © 2011 Bonestroo 1000034-10231-0 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 1. Any deviation in the design curvature or concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. B. Pedestrian Curb Ramp - Truncated Dome 1. Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 6 -inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2 -inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7036F for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be no greater than 1/4 inch in width. 6. All joints shall be cleaned and cleared of all debris prior to sealing. The concrete adjacent to the truncated dome panel shall be cured for a minimum of 7 days prior to joint sealing. Follow all other manufacturer's recommendations prior to sealing. Use only the product joint sealant specified. The joint sealant shall be applied to al joints between and around the perimeter of the truncated dome panels. The sealant shall be applied so that the depth is not less than 1/4 inch and not greater than 1/2 inch. The joint shall be tooled so that finished sealant is 1/4 inch below the finished surface. 3.06 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.30 and 2521.30b (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 small be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.07 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein: 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestmo 1 000034-10231-0 321314-4 SECTION 32 16 13 CONCRETE CURBS AND GUTTERS :711 A Wc14 84:7_1 11l 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 1123 - Aggregate Base Courses. 2. Section 32 12 02 - Flexible Paving (State Aid). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. Bid Items have been provided for Concrete Curb and Gutter Design B618. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/castings that are located along the face of curb. 2. No separate measurement or payment for modifications at curb ramps, transition sections, driveways, catch basins, radii, etc. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction", 2005 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. CONCRETE CURBS AND GUTTERS © 20113cntasly000034-10231-0 321613-1 B. The existing section of curb and gutter required to be replaced must be completed following the reclaiming operations. C. Concrete curb and gutter construction precedes installation of pavement. D. New curb to be installed within 3 days of removal. E. Coordinate resident notification of restricted driveway access with Engineer. Minimizing inconvenience to residents is a necessity to the success of the Project. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2451, 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 C250. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings and/or as directed by Engineer. C. Construct the style or type of curb and gutter as shown on the Drawings. For spot replacement, match existing curb style. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. CONCRETE CURBS AND GUTTERS © 2011 Bonesb-oo 1000034-10231-0 321613-2 G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. J. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate mase 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 1123. 3.03 FORMS A. Conform to MnDOT Spec. 2531.36. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein: 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.31), except as modified herein: 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 -inch coverage on all sides a. Placement at catch basins conforms 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: CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-10231-0 321613-3 a. If temperatures are projected to fall below 3Z 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. 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. 2531.33, 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. END OF SECTION © 2011 Bonestroo 1 000034-10231-0 CONCRETE CURBS AND GUTTERS 321613-4 SECTION 32 17 23 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic. B. Related Sections 1. Section 32 12 02 - Flexible Paving (State Aid). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Lines a. Lines shall be measured by the lineal foot on the basis of length actually applied. 1) Separate measurement made on the basis of color and nominal width. 2) Separate measurement will be made for paint markings. b. The second application shall be measured the same as the first application; for example: 1,000 LF of application painted twice would be paid as 2,000 LF. 2. Messages a. Messages shall be measured on the basis of each applied. 1) Separate measurement will be made for each type of message. 3. Bid Items for pavement markings of each type are provided. Payment of each Bid Item shall be compensation in full for all costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the Work, removal of temporary pavement markers, together with any other expenses incurred in completing the Work that are not specifically included for payment under the Contract Bid Items. 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. 2582 - Permanent Pavement Markings. 2. 3591 - High Solids Water Based Traffic Paint. 3. 3592 - Drop -On Glass Beads. 4. The Application Specification for Conventional Pavement Marking Materials. S. 3 -Minute Dry Alkyd and High Solids Latex. B. SUBMITTALS C. 1 copy of the chosen paint/epoxy lot or batch formulation. D. Pavement Marking Contractor Qua lifications/Certifications. E. MnDOT Certification approvals. C 2011 Bonesbw 000034-10231-0 PAVEMENT MARKINGS 321723-1 1.04 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. PART 2 PRODUCTS 2.01 MATERIALS A. Paint 1. High Solids Water Based a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Colour Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. 2. 3 -Minute Dry Alkyd a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. B. Glass Beads 1. Conform to MnDOT Spec. 3592 for "Drop -On Glass Beads 2.02 EQUIPMENT A. General 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual". 2. Shadow vehicle with truck -mounted attenuator shall be used on streets with posted speed equal to or greater than 40 m.p.h. or ADT greater than 1,500 vehicles per day. 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 lbs/gal. 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water-based materials. PART 3 PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. © 2011 Bonestroo1 000034-10231-0 PAVEMENT MARKINGS 321723-2 3.02 SCHEDULE A. Paint Pavement Markings 1. Place following completion of bituminous wear course: a. No sooner than 24 hours after placement of bituminous. b. Within 5 working days of completion of bituminous placement. 3.03 PREPARATION A. Locations 1. In general accordance with the Drawings. a. Location of marking designating no passing zones to be coordinated with corresponding traffic signs. 2. The Engineer will place necessary "Spotting" at appropriate points. a. Horizontal control. b. Starting and stopping points. c. Broken line intervals will not be marked. d. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. e. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. 3. Edge lines and lane lines are to be broken only at intersections with public roads and at private entrances if they are controlled by a yield sign, stop sign, or traffic signal. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. B. Street Surface 1. Engineer may direct cleaning of surface as necessary immediately prior to marking application. a. Brushing with non-metallic rotary broom. b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F. 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from the control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4 -inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 -foot long stripes shall be wasted prior to beginning application with the new color. S. Conditions PAVEMENT MARIQNGS © 2011 Bonestroo 000034-10231-0 321723-3 a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of paint or epoxy markings. 2. Rate of application shall be 8 lbs. per gallon. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. END OF SECTION © 2011 Bonestroo 1 000034-10231-0 PAVEMENT MARKINGS 321723-4 2.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep lime and fertilizer in dry storage away from contaminants. 2.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 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.). 2.04 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. �4rlwg1.[O1►Imlie71. A. Conform to MnDOT Spec. 2575.3I. 2.06 MULCH: Conform to Section 0157 13. 2.07 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following seeding in accordance with MnDOT Spec. 2575.33, and as modified below. B. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a 1 -time proper installation is acceptable. TURF AND GRASSES © 2011 Bean ; 000034-10231-0 329200-3 2.08 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 0157 13. 2.09 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his/her expense. C. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. D. Watering of sod areas shall be done for a minimum period of 60 days from installation sufficient to ensure establishment of permanent vegetation. 2.10 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. END OF SECTION TURF AND GRASSES © 2011 Bonestroo 1000034-10231-0 329200-4 SECTION 33 05 05 TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 33 10 00 - Water Utilities. 2. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. Temporary Bracing and Sheeting: Considered part of the excavation Costs with no additional compensation to Contractor, unless provided for otherwise. 4. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 5. Dewatering: No explicit, direct payment is made for this work. Costs for this work are to be included in the Bid Unit Price for the pipe or structure installed. 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. 2105 - Excavation and E=mbankment. 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 -s=low Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00: TRENCHING AND BACIT-ILUNG © 2011 Bonesbw 000034-10231-0 330505-1 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Pipe Zone. That part of the trench below a distance of 1 foot above the top of the pipe. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 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. 2.02 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. TRENCHING AND BACKFILLING C 2011 Bonestroo 000034-10231-0 330505-2 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. Crossing Under Existing Utility Lines. I. 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 fine 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. TRENCHING AND BACKFILLING p 2011 Bonestroo 1000034-10231-0 330505-3 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 tounoation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material. a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. 3.04 PIPE BEDDING A. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding. B. Ductile Iron Pipe: Bed pipe in accordance with AWWA Standard C150 and C151. C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. © 2011 Bonestroo 1000034-10231-0 33 fFs rr))5 D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. B?ckfill immediately after pipe is laid. Restrain pipe as nevEssaft tC Prevent tii� it Mo`v'eMei - 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. 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. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated on the Drawings and where directed by the Engineer to prevent damage to specimen trees or adjacent structures. QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10231-0 330505-5 SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes I. Adjustment of utility structures. B. Related Sections I. Section 33 10 00 — Water Main Utilities. 2. Section 33 40 00 — Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required to furnish and install the Bid Item in place. No additional payment will be made for interim adjustments. Costs for additional adjustments should be included in the Bid Item for providing and installing the casting. 2. Adjusting Manhole Frame and Ring Casting: Adjustment of the manhole frame and ring castings in this Contract are considered incidental to the installation of the new manhole. 3. 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 new catch basin. 4. Adjust Valve Box: A Bid Item has been provided for Adjust Valve Box. Measurement will be by each valve box adjusted. 5. Adjust Valve Box: Adjustment of the valve box on new valves installed under this Contract is incidental to the Bid Unit Price for furnishing and installing the valve. 6. Install Chimney Seal: A Bid Item has been provided for Install Chimney Seal. Measurement will be by each and shall be considered to include all labor, materials, and equipment necessary to perform the work. 7. Install 83065 Casting, Incl. Concrete Adjustment Rings: Measurement will be per each casting installed as shown on the Drawings and adjusted in accordance with the Specifications. 8. Install R3067 Casting, Incl. Concrete Adjustment Rings: Measurement will be per each casting installed as shown on the Drawings and adjusted in accordance with the Specifications. 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. 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). S. C150 — Specification for Portland Cement (Concrete Rings/Mortar). 6. C923 — Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonesb�oo 1000034-10231-0 330517-1 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. 2. 3733 — Geotextiles. 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. Concrete 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3,000 psi. 3. Reinforcing: Single hoop 8 -gauge steel wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. B. Mortar 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: 1 -part cement to 3 -parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonestroo 1 000034-10231-0 330517-2 2.03 EXTERNAL SEALS A. External Seals Approved Manufacturer: Infra -Shield, or approved equal. 1. Multiple section seal section. 2. Top section made of neoprene rubber. 3. All other sections made of EPDM rubber; 60 mil minimum thickness, 8 inches minimum height for extension sections. 4. Mastic: ASCO ST -30, BIDCO C56, or approved equal. 2.04 HYDRANT EXTENSIONS A. Sections: Match existing hydrant manufacturer and model. 2.05 CASTINGS A. Manhole, Catch Basin Frames, and Covers. 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non -rocking protection. 5. Type and Style: a. NEENAH R1642, Type "B" Lid, or approved equal, for sanitary and storm sewer manholes. b. NEENAH R3065, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. c. NEENAH R3065, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. d. Covers without grate opening stamped with "SANITARY SEWER" or "STORM SEWER" as appropriate. Use 2 inch letters. 2.06 VALVE BOX A. Risers 1. Valve Box riser to fit the Tyler No. 6850, 6855, 6860, or 6865 top section and drop lid, or approved equal. 2. Tyler No. 69 gate valve extension screw adjustable, or approved equal. 3. Conform to the requirements of Section 33 10 00. 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. ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonestroo 1000034-10231-0 330517-3 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. Concrete Adjusting Ring 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps. a. Mortar Thickness: 1/4 to 1/2 inch. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not piaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6 -inch ring where applicable. 3.04 INSTALLATION OF EXTERNAL SEAL SYSTEM A. Infra -Shield Type (External Seal) 1. Remove all dirt, debris, dust, and other deleterious material from surfaces of structure, rings, and casting prior to installation of seal system. 2. System to be installed per manufacturer's recommendation. 3. Secure bottom section to top slab or cone, top section to casting flange with mastic. 4. Minimum of 2 -inches overlap required between top and bottom sections of seal system a. If minimum overlap is not achieved, extension section(s) must be inserted between the top and bottom sections until 2 -inches overlap at all seams between all sections of the seal system is achieved. 5. Complete the installation of rings and casting prior to installation of seal system. 6. Secure all seams between sections with mastic. a. Mastic to be installed continuously around entire perimeter of section with no gaps. 3.05 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box. 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. 3.06 REMOVE EXISTING AND PLACE NEW MANHOLE AND CATCH BASIN FRAME A. Remove and dispose of frame and casting as indicated on the Drawings. `— ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonestroo 000034-10231-0 330517-4 B. Place new adjustment rings conforming to Section 3.03 — Adjust Frame and Ring Casting. C. Install new frame and casting. D. Dispose of removed material off Site. 3.07 HYDRANT EXTENSIONS A. Remove upper section. B. Install extension kit as per manufacturer's requirements. C. Replace upper and lower rod assemblies with heavy-duty for extensions in excess of 18 inches. D. Replace the upper section. 3.08 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 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. Install Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard concrete adjustment rings of the same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. E. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. G. Adjust valve boxes to 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw -threaded adjustable type. END OF SECTION p 2011 Bonestroo1 000034-10231-0 ADJUST MISCELLANEOUS STRUCTURES 330517-5 SECTION 33 10 00 WATER UTILITIES PART 1 GENERAL A. Section Includes 1. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 05 17 - Adjust Miscellaneous Structures. 2. Section 3123 00 - Excavation and Fill. 3. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Water Main. Measurement and payment will be based upon the units listed below: a. Water Main Pipe: Measurement will be based upon units of lineal feet for each size and type of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing and installing pipe complete in place as specified. b. Gate Valve and Box: Measurement will be based on Gate Valve and Box installed. Payment at the Bid Unit Price shall include furnishing and installing the Valve and Box complete in place as specified. Connection to existing cast iron water main when replacing just the valve is considered incidental to the valve installation and shall be incidental to this pay item. c. Butterfly Valve and Box: Measurement will be based on Butterfly Valve and Box installed. Payment at the Bid Unit Price shall include furnishing and installing the Valve and Box complete in place as specified. Connection to existing cast iron water main when replacing just the valve is considered incidental to the valve installation and shall be incidental to this pay item. d. Hydrant: Measurement will be based on units of each Hydrant installed. Payment at the Bid Unit Price shall include furnishing and installing the Hydrant complete in place as specified. e. Connect to Existing Water Main: Measurement shall be based on each connection made, including but not limited to: cutting of existing pipe, fittings, sleeves, etc. Payment at the Bid Unit Price shall include all items required to complete the Work. f. Joint Restraint: No Bid Item has been provided. Joint restraint shall be considered incidental to water main installation with no direct payment made. g. Insulation: Measurement will be based on square yards of Insulation at the specified thickness. Payment shall be made at the Bid Unit Price and will include furnishing and installation of the Insulation. h. Water Main Offset and Overdepth: Shall be considered incidental to water main installation with no direct payment made. i. Adjust Hydrant: Measurement will be per each hydrant adjusted by use of a hydrant barrel extension. Only hydrants installed new as part of this Contract will be adjusted as needed. Existing hydrants will not be adjusted under this Bid Item. p 2011 Bonestm 1000034-10231-0 WATER UTILITIES 331000-1 2. No Bid Items have been provided for steel rodding. Steel rodding shall be considered incidental to water main installation with no direct payment made. 3. No Bid Items have been provided for testing. Testing shall be considered incidental to water main installation with no direct payment made. 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. American Water Works Association (AWWA) 1. C104 - American National Standard for Cement Mortar Lining for Ductile -Iron Pipe and Fittings for Water. 2. C105 - American National Standard for Polyethylene Encasement for Ductile -Iron Pipe Systems. 3. C111 - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C116 - American National Standard for Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings for Water Supply Service. 5. C151 - American National Standard for Ductile -Iron Pipe, Centrifugally Cast, for Water. 6. C153 - American National Standard for Ductile -Iron Compact Fittings for Water Service. 7. C504 - AWWA Standard for Rubber -Seated Butterfly Valves. 8. C509 - AWWA Standard for Resilient -Seated Gate Valves for Water Supply Service. 9. C515 - AWWA Standard for Reduced -Wall, Resilient -Seated Gate Valves for Water Supply Service. 10. C550 - American National Standard for Protective Interior Coatings for Valves and Hydrants. 11. C600 - AWWA Standard for Installation of Ductile -Iron Water Main and Their Appurtenances. 12. C651 - AWWA Standard for Disinfecting Water Mains. B. American Society of Testing and Materials (ASTM) 1. A48 - Gray Iron Castings. 2. A126 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A307 - Carbon Steel Bolts and Studs, 60,000 -PSI Tensile Strength. 4. A536 - Standard Specification for Ductile Iron Castings. 5. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 6. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. C. National Electrical Manufacturers Association (NEMA) 1. WC 70 - Non -Shielded Power Cables Rated 2,000 Volt or Less for the Distribution of Electrical Energy. 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 0133 00: 1. Pipe, fittings, valves, and hydrants. 2. Joint restraint and corrosion resistant coatings. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 48 hours prior to performing Work. At this time, the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut down 48 hours in advance of shut down. cO 2011 Bonestroo 000034-10231-0 331000-2 C. The Owner must open and close the existing valves for this part of the operation. The Owner is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the Owner as necessary. D. Successfully complete required test and inspections before restoration of surface. PART 2 PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151/A21.51. B. Cement -mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 20 inches. D. Fittings: AWWA C153/A21.53, Ductile Iron, 250 -psi working pressure, AWWA C111/A21.11 latest revision, mechanical joint or push -on: 1. All fitting shall be fusion bonded epoxy coated per ANSI/AWWA C116/A21. 2.02 BOLT ASSEMBLIES CLIENT SPECIFIC A. Tee -Head Bolts 1. General: Conform to ANSI/AWWA C111/A21.11. 2. Fluorocarbon Resin Coating; FluoroKote No. 1@ (by Metal Coating Corp.); NSS Industries Cor - Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants.and gate valves. 2.03 HYDRANT A. General Requirements: AWWA Standard C502. B. Specified Hydrant: WB -67-250, or approved equal. C. Approved Manufacturer: Waterous Pacer, or approved equal. D. Two 2-1/2 inch hose connections. E. One 4-1/2 inch steamer. F. National standard operating nut. G. 5 -inch valve opening. H. 6 -inch mechanical joint pipe connection. I. Break -off flange with breakable rod coupling. J. 8'-0" cover. WATER UTILITIES © 2011 Bonestroo 1000034-10231-0 331000-3 K. 16 -inch high traffic section. L. Nozzle caps attached to hydrant with metal chains. M. Exterior Bolt Assemblies: Conform to Paragraph 2.02 — Bolt Assemblies. N. Fiberglass Flag: Hydrafinder Hydrant Marker, or approved equal: 1. White fiberglass rod, with 4 red reflective bands without a bulb end. 2. 54 inches long, 3/8 inch diameter. O. Hydrants placed where the ground water table is less than 8 feet below the ground surface shall have the drain holes plugged and shall be equipped with a tag stating the need for pumping after use. P. Color: Painted Waterous Enamel No. V1814 -R at the place of manufacture. Q. After installation and testing is complete, the "field coat" of paint shall be applied with a brush. 2.04 GATE VALVE AND BOX A. General Requirement: AWWA C50.9. B. Non -rising stem (NRS), opening by turning counter clockwise, 2 inches square operating nut. C. O-ring seals. D. Mechanical joint ends conforming to AWWA C111/A21.11. E. Exterior Bolt Assemblies: Conform to Paragraph 2.02 — Bolt Assemblies. F. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSI/AWWA C550 and C116/A21.16. G. Spur gear actuator for valves 16 inches and larger. H. Valve Boxes 1. 3 -piece, cast iron, screw-type. Client Specific. 2. Adjustable for 7-1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5-1/4 inch diameter shafts. S. "Stay put" type drop covers, "WATER" on top with extended skirts. 2.05 BUTTERFLY VALVE AND BOX A. General Requirement: AWWA C504. B. Mechanical joint valve ends conforming to AWWA C111/A21.11. C. AWWA C504 Class 150B valve shaft diameter. D. Valve Body: High strength cast iron conforming to ASTM A126, Class B. WATER UTILMES © 2011 Bonestoo G 000034-10231-0 331000-4 E. Valve Vane: High-strength cast iron conforming to ASTM A48, Class 40, rubber seat mechanically secured with an integral 18-8 stainless steel clamp ring and 18-8 stainless steel self -locked screws. F. 0 -ring seal. G. Exterior Bolt Assemblies: Conform to Paragraph 2.02 — Bolt Assemblies. H. Operator 1. Traveling nut type sealed, gasketed, and lubricated for underground service. 2. Open counter clockwise. 3. 2 inches square operating nut. I. Valve Box 1. 3 -piece, ductile iron, screw-type. 2. Valves and boxes to be considered integral units. 3. 5-1/4 inch diameter shafts. 4. Round or oval bases: 5. "Stay put" type drop covers, bearing the word "WATER" on top with extended skirts. 2.06 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 2.07 WET TAP A. Not allowed. 2.08 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe. 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. Mega -lug and retainer glands are not allowed on existing cast iron pipe. 4. Casting body and wedge assemblies coating. a. Fusion bonded epoxy per ANSI/AWWA C116/A2. B. Tie Rods: Steel rods with "Star" brand tie bolts. 2.09 PIPE ENCASEMENT A. Material: Polyethylene film conforming to AWWA C105/A21.5 and ASTM A674, tube form. B. Color: Black. C. Film Marking Requirements: Conform to AWWA C105/A21.5 and ASTM A674, including AWWA/ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 2.10 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. @ 2011 Bonegm 1000034-10231-0 WATER UTILITIES 331000-5 PART 3 EXECUTION 3.01 PREPARATION A. Conform to the requirements of Section 33 05 05. 3.02 INSTALLATION OF PIPE A. Install pipe and fittings in accordance with the manufacturer's instructions and with the details shown on the Drawings. B. Permanently support, remove, relocate, or reconstruct existing utility pipes, cables, structures, or other appurtenances when they obstruct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the inside of pipe. D. All jointing of mechanical joint pipe and push -on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, wire brush, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such Work. G. Provide conductivity throughout the water system by use of conductivity strap, except for HDPE and PVC water main pipe. H. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. I. Installing Fittings 1. General Requirements: AWWA C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 3. Spray exterior ductile iron nuts, bolts, and joint restraint bolts using a bituminous coal tar as supplied by the manufacturer. J. Wrap all ductile iron pipe and fittings accordingly. K. Backfilling: Conform to Section 33 05 05. 3.03 INSTALLATION OF HYDRANT A. Location determined by Engineer. A grade stake and location stake will be provided by the Engineer before the hydrant may be set. B. Set on 8 -inch concrete block, or approved equal concrete base. C. Brace according to Drawings. D. After each hydrant has been set, place around the base of the hydrant not less than 1 cubic yard of Class A round washed rock with a minimum diameter of 3/4 inch. Carefully place 2 layers of WATER UTILITIES © 2011 Bonestroo ' 000034-10231-0 33 1000-6 polyethylene, minimum 4 mm thickness each, over the rock to prevent backfill material from entering voids in the drain rock. E. Maintain hydrants in a plumb position during the backfilling operation. F. Attach a fiberglass marker to the hydrant using an existing flange bolt located at the back of the hydrant. G. Furnish 1 additional marker for each hydrant to the Owner. 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the manner as specified for cleaning, laying, and jointing pipe. Location to be determined by the Engineer. B. Valves and boxes shall be supported on an 8 -inch concrete block as shown on the Drawings. C. Maintain valve box centered and plumb over the operating nut of the valve. D. Set top of valve box flush with the existing surface to provide 12 inches of upward adjustment. E. Wrap gate valves with pipe encasement. 3.05 ANCHORAGE A. Brace hydrants securely against undisturbed soil using precast concrete block. Use mechanical joint restraints or rod all joints from main line tee to hydrant gate valve, then from gate valve to hydrant. B. Restrain all bends and fittings with mechanical joint restraints. 3.06 INSULATION A. Review insulation installation with Engineer. 1. Place insulation between water pipe and sanitary pipe when water main or service is within 1 foot above or below the sanitary pipe. 2. Place insulation between storm sewer pipe and water main or water service when pipes are separated by less than 2 feet. 3.07 PIPE CONFLICTS A. Shall apply to any crossings under existing cast iron pipe and any pipe conflicts where a minimum clear separation of 1 foot is not possible. B. Cut the water main beyond the proposed sewer trench wall. C. Remove the abandoned water main and install offset as shown on the Drawings or as encountered during construction. D. All offset piping shall be DIP. E. Mechanical joint restraints shall not be allowed on cast iron pipe. WATER UTILITIES © 2011 Bonestroo 1000034-10231-0 331000-7 3.08 PROTECTION A. Existing valves and hydrants shall be operated by the Owner, unless under emergency situations. B. Securely plug all water main openings promptly before suspension of Work at any time to prevent earth or other substances from entering the water main. C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. 3.09 FIELD QUALITY CONTROL A. Scope 1. Perform visual inspection under pressure and disinfection tests. 2. The Engineer will observe and verify all tests and visually inspect final Work for compliance. B. Visual Inspection 1. Minimum Test Pressure: existing static pressure. 2. Test Duration: 5 minutes. 3. Criteria: No water leakage allowed. 4. Testing Gauge: Liquid filled, 4-1/2 inches diameter, labeled in 1 -psi increments, such as Ashcroft Model 1082, or approved equal. 5. Test all DIP fitting joints having joint restraints and hydrant leads. C. Disinfection 1. General Requirement: AWWA C651— Disinfecting Water Mains (Tablet Method). 2. Place hypochlorite tablets in each section of pipe and all appurtenances. a. Attach tablets to top of pipe with a food grade adhesive, such as denture grip. b. The estimated number of tablets required per 20 foot length of pipe based on 3-1/4 grain available chlorine per tablet is as follows: Diameter No. of Tablets 1) 4 Inches 1 2) 6Inches 2 3) 8Inches 3 4) 10 Inches 4 5) 12 Inches 5 6) 16 Inches 9 7) 18 Inches 12 8) 20 Inches 14 9) 24 Inches 20 c. Contractor shall use a Project specific number of tablets to disinfect water main for 24 hours with at least 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end of the 24-hour period. 3. Fill main with water at a velocity of less than 1 foot per second if tablet method is used. 4. Flushing by Contractor may begin after the chlorinated water has been allowed to disinfect the new pipe for 48 hours. Contractor shall schedule flushing with the Owner at least 24 hours in advance. S. 1 bacteria test is required for every 2,000 feet of water main installed, with a minimum of 2 sample tests per Project. Contractor shall perform the bacteria test. D. Conductivity (DIP) 1. Conductivity to be provided throughout the water system by use of copper straps or approved conductive gaskets with copper inserts. WATER UTIE MES © ?011 Bonestroo 1 000034-10231-0 331000-8 2. Test Current: 350 amps at approximately 30 volts for 4 minutes, then 400 amps for 1 minute without fluctuation. 3. Fill lines with water prior to test. 4. Test all lines, including hydrant leads, water services, and stubs. END OF SECTION WATER UTILITIES C 2011 Bonestroo 1000034-10231-0 331000-9 SECTION 33 40 00 STORM DRAINAGE UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes I. Storm sewer manholes, catch basins, and miscellaneous appurtenances. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 2. Section 32 1123 - Aggregate Base Courses. 3. Section 32 16 13 - Concrete Curbs and Gutters. 4. Section 33 05 05 - Trenching and Backfilling. 5. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Construct Structure over Existing Pipe, Including Casting and Concrete Adjusting Rings. Measurement will be based on units of each, according to type and size. 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. 2. Bid Items have been provided for Construct Drainage Structure Special. Measurement will be based on units of each, according to type and size, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 3. A Bid Item has been provided for Connect Existing Pipe to Storm Structure. Measurement shall be per each connection made, regardless of type of existing pipe or type of connection made. Payment will include all costs related to making the connection, including construction of concrete collar if necessary. 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. 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. A760 - Specification for Corrugated Steel Pipe, Metallic — Coated for Sewers and Drains. S. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 6. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 7. C150 - Specification for Portland Cement. 8. C206 - Specification for Finishing Hydrated Lime. 9. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 10. C443 Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 11. C478 Specification for Precast Reinforced Concrete Manhole Sections. 12. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. STORM DRAINAGE LMLITIES © 2011 Bonesboo 1 000034-10231-0 334000-1 B. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All Work and costs for by-pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Connect Existing Pipe to structure. 1. Connect to existing pipe at locations shown on the Drawings. 2. Remove existing structure and dispose of off Site. a. Take care not to damage existing pipe. b. Any segment of pipe damaged by Contractor shall be replaced with new materials and is incidental to the work. 3. Utilize standard bell and spigot joint with rubber o -ring gasket if possible. 4. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be minimum 12 inches thick in all locations and shall extend a minimum of 12 inches each way of the joint. 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. Preformed inverts are not allowed. 4. 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. 5. All concrete pipes entering manholes must be cut with a concrete saw. 6. Steps a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 7. Position vertical wall of the eccentric cone on the downstream side. 8. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 9. Lift holes neatly mortared up. 10. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. 3.03 FIELD QUALITY CONTROL A. Scope 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. 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. © 2011 Bonestroo 1000034-10231-0 334000-4 C. Required Tests and Inspections 1. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Establish erosion control measures as per Section 0157 13. END OF SECTION STORM DRAINAGE UTILITIES © 2011 Bonestroo 1000034-10231-0 334000-5 Manhole/Catch Basin Field Elevation Report Bonestroo Project: Date: Owner: Contractor: Bonestroo's Resident Project Representative : Contractor's Representative: [Bonestrocr Project No: Owner Project No: Contractor is re uired to complete this form before Rayment of structure is aRproved. Structure Location As - Structure Design Constructed Difference Street Name Structure Structure Direction of or Easement Type Invert Invert ( + / - ) Comments / Quality Assurance No. Station invert/flow Location (circle (from Elevation one) Plan MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron * - As -Constructed Invert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 feet. SECTION 34 41 13 TRAFFIC SIGNALS DIVISION SS SS -1 (1802) QUALIFICATION OF WORKERS The provisions of Mn/DOT Specification 1802 are hereby supplemented with the following: Signal and Lighting Certification will be required for all Contractors, Supervisors or Foreman involved in the field installation of the Traffic Signal and/or Lighting portion of this Project. Signal and Lighting Certification, Level II, is available through the Mn/DOT Office of Traffic, Safety, and Technology (OTST). Questions regarding certification or past certification may be directed to the Mn/DOT Office of Traffic, Safety, and Technology (OTST) at Telephone No. (651) 234-7055. Certified Contractor personnel shall be on the Project work site at all times to perform or directly supervise the installation of a Traffic Signal System or a Lighting system. SS -2 (2565) LOOP DETECTORS This work shall consist of furnishing, installing, and making operational new loop detectors to replace those damaged by construction activities performed as part of the Project located on Boone Avenue North, north of 42nd Avenue North (County Road 9) in New Hope (Hennepin County) in accordance with the applicable provisions of Mn/DOT 2565; Standard Plate 8132; with the current edition of the National Electrical Code; with the Plans; as directed by the Engineer; and as follows: SS -2.1 GENERAL The intersection layouts indicating the affected loop detectors to be replaced are included elsewhere in these Special Provisions "For Information Only". The signals on the Project where damage to the loop detectors is anticipated are owned by Hennepin County. Acceptance of the new loops installed is subject to County approval. Any work being completed near the signal loops must be coordinated with the County prior to any disturbances. Coordination can be accomplished via the Engineer. SS -2.2 MATERIALS A. Loop Detector Sealant Material The following loop detector sealants have been tested and approved: 1. 3M "Detector Loop Sealant". 2. ChemRex, Inc. "Thoroc Gold Label Flex 1P". 3. Chemque, Inc. "Q -Seal 290, Polyurethane Detector Loop Sealant". 4. Dow Corning "890 -SL Silicone Joint Sealant". No other loop detector sealants have been approved at this time. C 2011 Bonesbw 1000034-10231-0 TRAFFIC SiGNALS TRAFFIC . - SIGNALS 34 41 13- 1 COUNCn Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 10, 2012 Develo ment & Planning Item No. By: Guy Johnson By: Kirk McDonald 8.4 Resolution declaring cost to be assessed and ordering preparation of proposed assessments in connection with Boone Avenue street and infrastructure improvement No. 883 Requested Action Staff is recommending that the Council approve a resolution declaring the cost to be assessed and order the preparation of proposed assessments by the city clerk for the Boone Avenue infrastructure improvement project. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background On November 8, 2010, after discussing the city's state aid construction fund account balance and the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure, Council authorized preparation of a feasibility report for a proposed infrastructure project for Boone Avenue. On January 24, 2011, the feasibility report was presented and accepted by the Council. On February 14, 2011, Council set the project's public hearing for March 14, 2011, and authorized the preparation of plans and specifications. Council also directed staff to notify House of Hope Lutheran Church, Family Hope Services, and New Hope Church, utilizing Assessment Role A. The city clerk notified the property owners regarding the proposed assessment project and notified their representatives of the hearing. On March 14, 2011, Council approved plans and specifications, and ordered advertisement for bids The 2011 Boone Avenue improvement project involved street surface reclamation, spot curb and sidewalk replacement, and spot utility infrastructure work between 42nd Avenue and 49th Avenue. Motion by _ Second by 10 To: I \RFA\PUBWORKS12012\883 Boone Ave Public Hearing Declaring Amessments.doc Request for Action September 10, 2012 Page 2 The city engineer has determined that the total cost for the street portion of the 2011 Boone Avenue improvement project is $724,700.09. using New Hope's assessment policy, the assessment rate for commercial/industrial properties is $96.63 per foot for street reclamation work. The 2011 Boone Avenue infrastructure improvement project includes four tax exempt properties for assessment. The properties to be assessed for the 2011 Boone Avenue improvement project are: Address PID Number House of Hope Lutheran Church (4800 Boone Avenue N.) 07-118-21-42-0036 New Hope Church EFCA (4741 Zealand Avenue N.) 07-118-21-42-0030 New Hope Church EFCA (4217 Boone Avenue N.) 18-118-21-21-0106 Family Hope Service Inc. (4201 Boone Avenue N.) 18-118-21-21-0107 The House of Hope Lutheran Church site footage is 398 feet, for a proposed assessment amount of $38,457.42. The New Hope Church EFCA site footage is 305 feet at 4741 Zealand Avenue, for a proposed assessment amount of $29,471.14. The New Hope Church EFCA also owns the site at 4217 Boone Avenue, 260 feet of footage, for a proposed assessment amount of $25,122.94. The combined total assessment for New Hope Church EFCA properties is $54,594.08. The Family Hope Service Inc. site footage is 185 feet, for a proposed assessment amount of $17,875.94. The proposed total assessment amount for the project is $110,927.44. The city clerk will notify the property owners of the public hearing and the proposed assessment. Funding The remainder of the project cost is being funded by the state aid fund, storm water fund, and the water fund. Council also passed a resolution on February 14, 2011, that gives the City the option to incur debt through a bond sale for water infrastructure expenditures. Attachments A resolution prepared by the city attorney and a memorandum from the city engineer is attached. LARWPUBWORKS12012\883 Boone Ave Public Hearing Declaring Assessments.doc RESOLUTION NO. 2012-136 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IN CONNECTION WITH BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEMENT NO. 883 WHEREAS, contracts have been let for the construction of the Boone Avenue Street and Infrastructure Improvement No. 883 in the City, and WHEREAS, the total cost of said improvements is $838,685.80. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The City Council hereby determines that the City shall pay $727,758.36 of said cost, exclusive of the amount it may pay as a property owner, and the sum of $110,927.44 shall be assessed against benefitted property owners based upon benefits received without regard to cash valuation. 2. Assessments shall be payable in equal biannual installments due and payable on or before May 15'' and October 15�' of each year extending over a period of ten (10) years, the first of the installments to be payable on or before May 15, 2013 and shall bear interest at the rate of six (6%) percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City consulting engineer and any other necessary personnel, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land without regard to cash valuation as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 4. The City Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 10 day of September, 2012. 1-� , Attest: Valerie Leone, City Clerk Kathi Hemken, Mayor P;lAttomey1SAS%l Client Pilesl2 City of New Hope199-MR31(Boone street proj. 201IMesolution (Declaring Cost Assessed & Order Prep of Assess).dac _ Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 fin' September 6, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Boone Avenue Improvements Assessments Client Project No.: 883 Stantec Project No.: 193800097 Dear Guy: The Boone Avenue Improvements project involved street and utility improvements to Boone Avenue between 42"" Avenue and 49"' Avenue. The street treatment included reclamation of this section of roadway. This project is now complete and the final project costs have been determined. Street construction costs have been identified and assessment rates calculated. One rate was calculated for the reclamation improvement. The reclamation improvement rate has a value for both residential and non-residential properties. Below is a summary of the calculated rates for the project: Total Project Cost = $838,685.80 Final Project Total Street Cost = $7244700.09 Treatment/Rate Residential Rate per FF Non -Residential Rate per FF Reclamation $64.42 $96.63 City policy states tax paying properties are exempt from assessment for infrastructure improvements. Therefore, assessment amounts have been calculated only for the tax exempt properties within the project. The table on the following page lists the tax exempt properties and their corresponding assessment amount. CU- Itsc Page 2 of 2 Reference: Boone Avenue Improvements - Assessments Prape FF Trea ment PProiperty lype Rate Assessment House of Hope Luth Church 398 Reclaim Non $96.63 $38,457.42 4800 Boone Ave Residential Crystal Evangelical FR CH 305 Reclaim Non- $96.63 $29,471.14 4741 Zealand Ave Residential cvr i i0Nc U CII LI � 4217 Boone Ave 260 Reclaim IYUfI- Residential $86.63 $25,122.94 Family Hope Services 4201 Boone Ave 185 Reclaim Non- Residential $96.63 $17,875.94 Total Assessment Amount $110,927.44 If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Cc: Shawn Markham - New Hope; Mark Hanson, Jason Petersen - Stantec. Originating Department Public Works Johnson COUNCIL Request for Action Approved for Agenda September 24, 2012 Kirk McDonald, Agenda Section Ordinance & Resolutions Item No. 10.2 Resolution calling for a public hearing on assessments for Boone Avenue street and infrastructure improvement No. 883 Requested Action Staff is recommending that the Council approve a resolution establishing a public hearing for October 22, 2012, to consider the assessments for the Boone Avenue street and infrastructure improvement project. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background On November 8, 2010, after discussing the city's state aid construction fund account balance and the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure, Council authorized preparation of a feasibility report for a proposed infrastructure project for Boone Avenue. On January 24, 2011, the feasibility report was presented and accepted by the Council. On February 14, 2011, Council set the project's public hearing for March 14, 2011, and authorized the preparation of plans and specifications. Council also directed staff to notify House of Hope Lutheran Church, Family Hope Services, and New Hope Church, utilizing Assessment Role A. The city clerk notified the property owners regarding the proposed assessment project and notified their representatives of the hearing. On March 14, 2011, Council approved plans and specifications, and ordered advertisement for bids. Council awarded a contract to Northwest Asphalt Inc. in the amount of $666,952.20 on April 25, 2011. One change order was approved for $4,393.22 on June 25, 2012; bringing the revised contract to $671,345.42. The 2011 Boone Avenue improvement project involved street surface reclamation, spot curb and sidewalk replacement, and spot utility infrastructure work between 42nd Avenue and 49th Avenue. Motion by Second by To: l:\RFA\PUBW0RKS\2012\883 Boone Ave Calling For Public Hearing.doc Request for Action September 24, 2012 Page 2 Using the New Hope assessment policy, the city engineer has determined that the total cost for the street portion of the 2011 Boone Avenue improvement project is $724,700.09. Using New Hope's assessment policy, the assessment rate for commercial/industrial properties is $96.63 per foot for street reclamation work. The Boone Avenue infrastructure improvement project includes four tax exempt properties for assessment. The properties to be assessed for the Boone Avenue improvement project are: Address Front foots e PID Number Assessment Amount New Hope Church EFCA 4741 Zealand Avenue N. 305 feet 07-118-21-42-0030 $29,471.14 New Hope Church EFCA 4217 Boone Avenue N. 260 feet 18-118-21-21-0106 $25,122.94 Sub -Total $54,594.08 House of Hope Lutheran Church 4800 Boone Avenue N. 398 feet 07-118-21-42-0036 $38,457.42 Family Hope Service Inc. 4201 Boone Avenue N. 185 feet 18-118-21-21-0107 $17,875.94 GRAND TOTAL: $110,927.44 The proposed total assessment amount for the project is $110,927.44. The city clerk will notify the property owners of the public hearing and their proposed assessment. Funding The remainder of the project cost is being funded by the state aid fund, storm water fund, and the water fund. Council also passed a resolution on February 14, 2011, that gives the city the option to incur debt through a bond sale for water infrastructure expenditures. Attachments Resolution prepared by the city attorney (exhibit B will be prepared by the city clerk) Memorandum from the city engineer I.\RFA\PUBWORKS\2012\883 Boone Ave Calling For Public Hearing.doc RESOLUTION NO. 2012 - 145 RESOLUTION CALLING FOR PUBLIC HEARING ON ASSESSMENTS FOR BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEMENT NO. 883 WHEREAS, the City Clerk, with the assistance of the City consulting engineer, has prepared an assessment roll for the Boone Avenue Street and Infrastructure Improvement No. 883, and said proposed assessment roll is on file with the City CIerk and open to public inspection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. The Clerk shall publish notice that this Council will meet to consider the proposed assessments on October 22, 2012 at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North of said City of New Hope, Minnesota. The published notice shall be in substantially the form set forth on Exhibit A attached hereto. 2. A copy of the notice in substantially the form set forth in Exhibit B attached hereto shall be mailed to the owners of each parcel of property described in the assessment roll. 3. Said notice attached as Exhibit A hereto shall be published by the City Clerk in the official newspaper at least two weeks prior to the hearing and the notice attached hereto as Exhibit B shall be mailed by the CIerk to the owners of each parcel described in the assessment roll. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. At any time thereafter, the owner may pay to the Finance Director or Assessment Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made on or before November 14 or interest will be charged through December 31 of the succeeding year. S. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. —I— Adopted by the City Council this 20 day of September, 2012. Attest: --�L'Lz Cz�� Valerie Leone, City Clerk —2— Kathi TFemien, Mayor EXHIBIT A NOTICE OF HEARING ON ASSESSMENTS FOR BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEMENT NO. 883_ TO WHOM IT MAY CONCERN: TIME AND PLACE AND Notice is hereby given that the City Council of the City of New GENERAL NATURE OF Hope, Minnesota., will meet in the City Hall at 4401 Xylon Avenue 11VI1`ROVEMENTS: North in the City of New Hope, Minnesota, on the 22nd day of October, 2012 at 7:00 p.m. to consider objections to the proposed assessments for the Boone Avenue Street and Infrastructure Improvement No. 883 heretofore ordered by the City Council. The general nature of the improvement was the reclamation and replacement of the entire bituminous surfacing ofthe Boone Avenue North roadway from 42" d Avenue North to 490 Avenue North. This required the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main improvements were limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 were replaeed with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings were replaced and all storm sewer structures that are constructed of block were replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers were replaced with concealed pick hole covers and seals were added to existing sanitary manhole accesses. Only the street improvements will be specially assessed. The street improvements were separated into two parts as described in the January 2011 feasibility report. Part 1 included the section of Boone Avenue from 42"d to 46th Avenues North and Part 2 included the section of Boone Avenue from 46th to 40, Avenues North. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. ASSESSMENT .ROLE OPEN The proposed assessment roll is on file with the City Clerk and open TO INSPECTION: to public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or ASSESSED: parcel of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Dim Minnesota: PID NUMBER/ADDRESS: Address PID number House of Hope Lutheran Church 07-118-21-42-0036 4800 Boone Avenue North New Hope Church EFCA 07-118-21-42-0030 4741 Zealand Avenue North New Hope Church EFCA 18-118-21-21-0106 4217 Boone Avenue North Family Hope Service, Inc. 18-118-21-21-0107 4201 Boone Avenue North TOTAL AMOUNT OF The total amount proposed to be assessed is $110,927.44. PROPOSED ASSESSMENT; WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or CIerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, Sections 435.193 to ASSESSMENTS: 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is -4- available upon request at the office of the City Clerk. MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. DATED: September 24, 2012. BY ORDER OF THE CITY COUNCIL P:\AttarneyASASU Cliag Filo\2 City of New HopeW9-6883 ](Boone street proj. 2011){Rnoturian (Public Hearing Special Assess).doc —5— Stantec Consulting Services Inc. y. 2335 Highway 36 West St. Paul MN 55113 f Tel: (651) 636-4600 Fax: (651) 636-1311 September 19, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Boone Avenue Improvements — Public Hearing on Assessments Client Project No.: 883 Stantec Project No.: 193800097 Dear Guy: The street construction costs have been identified and assessment rates calculated for the Boone Avenue Improvements, and now a resolution can be prepared calling for a public hearing on the assessment amounts. One rate was calculated for the reclamation improvement completed on Boone Avenue. The reclamation improvement rate has a value for both residential and non-residential properties. Below is a summary of the calculated rates for the project: Total Project Cost = $838,685.80 Final Project Total Street Cost = $724,700.09 Treatment/Rate Residential Rate per FF Non -Residential Rate Qer FF Reclamation $64.42 $96.63 City policy states tax paying properties are exempt from assessment for infrastructure improvements. Therefore, assessment amounts have been calculated only for the tax exempt properties within the project. The table on the following page lists the tax exempt properties and their corresponding assessment amount. FRUt Page 2 of 2 Reference: Boone Avenue Improvements — Public Hearing on Assessments ftpelU FP Treatment Prope im Rate Assessment House of Hope Luth Church 4800 Boone Ave 398 Reclaim Non - Residential $86.63 $38,457.42 Crystal Evangelical FR CH 4741 Zealand Ave 305 Reclaim Nob Residential $96,63 $29,471.14 New Hope Church EFCA 4217 Boone Ave 260 Reclaim Non - Residential $96.63 $25,122.94 Family Hope Services 4201 Boone Ave 185 Reclaim Non - Residential $96.63 $17,875.94 Total Assessment Amount $110,927.44 It is recommended to prepare a resolution establishing a public hearing for October 22, 2012, to consider the assessments for the Boone Avenue Improvements project. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC P Christopher W. Long, P.E. Cc: Shawn Markham - New Hope; Mark Hanson, Jason Petersen - Stantec. AFFIDAVIT OF MAILING HEARING NOTICE IMPROVEMENT PROJECT NO. 883 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On February 25, 2011, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 883, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the Places so addressed. �O oe�� City Clerk Subscribed and sworn to before me this � ' y 1 day of `X 2011. My commission expires January 31, 2015. :P:A:MAELA . TATROO:NOTARY'mug=A Notary Public h�ea,M31,2015 Hennepin County NOTICI _ OPOSED INFRASTRUCTURE IMPROVEMENT NO. 883 (Boone Avenue Improvements 2011) 1. Notice is hereby given that the City Council ofthe City ofNew Hope, Minnesota, will meet on March 14, 2011, at 7:00 p.m. at the City Hall, 4401 XyIon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereafter. 2. The general nature of the improvement, as described in the January 2011 feasibility report entitled Boone Avenue Im rovements 2011, City Project No. 883, prepared by Bonestroo, Engineers for the City, is the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42nd Avenue North to 49h Avenue North. This will require the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main improvements will be limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 will be replaced with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings will be replaced and all storm sewer structures that are constructed of block will be replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers will be replaced with concealed pick hole covers and seals will be added to existing sanitary manhole accesses. Only the street improvements are proposed to be specially assessed. The street improvements will be separated into two parts as described in the January 2011 feasibility report. Part I includes the section of Boone Avenue from 42nd to 46th Avenues North and Part 2 includes the section of Boone Avenue from 46th to 49th Avenues North. The street reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. There are four tax exempt properties to be assessed for the 2011 Boone Avenue Improvements - Project 883 as follows: Address PID number House of Hope Lutheran Church 07-118-21-42-0036 4800 Boone Avenue North New Hope Church EFCA 07-118-21-42-0030 4741 Zealand Avenue North New Hope Church EFCA 18-118-21-21-0106 4217 Boone Avenue North CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 + Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 4 Public Works Fax: 763-592-6776 Family Hope Service, Inc. 18-118-21-21-0107 4201 Boone Avenue North 3. The estimated cost of said improvement is $1,292,980.00. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2. above. At the March 14th hearing, a reasonable estimate of the impact of the assessment will be available to the owners of each parcel proposed to be assessed. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 14s' day of February, 2011. sl Valerie Leone Valerie Leone, City Clerk COUNCn. REQUEST FOR ACTION A Originating Department Approved for Agenda Agenda Section Public Works June 25, 2012 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 6.10 Resolution approving change order No. 1 in the amount of $4,393.22, for the Boone Avenue infrastructure project (improvement project 883) Requested action Staff is recommending that the Council approve change order No.1 to the contract with Northwest Asphalt Inc., in order to meet the requirements of the Minnesota Department of Transportation (MnDOT) State Aid office and for additional work completed. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background On November 8, 2010, after discussing the city's state aid construction fund account balance and the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure, Council authorized the preparation of a feasibility report for a proposed infrastructure project for Boone Avenue. On January 24, 2011, the feasibility report was presented and accepted by the Council. On February 14, 2011, Council set the project's public hearing for March 14, 2011, and authorized the preparation of plans and specifications. Council also directed staff to notify House of Hope Lutheran Church, Family Hope Services, and New Hope Church, utilizing Assessment Role A. The city clerk notified the property owners regarding the proposed assessment project and notified their representatives of the hearing. On March 14, 2011, Council approved plans and specifications, and ordered advertisement for bids. On April 25, 2011, Council awarded a contract to Northwest Asphalt Inc. for $666,952.20. The project was submitted to the MnDOT State Aid office in order to encumber funds from the city's state aid account. Based on the cost for the improvements to this portion of Boone Avenue, the city would not be involved with the state's "Excess Unencumbered Construction Fund Balance Adjustment" procedure for 2011 or 2012. MOTION BY &�-_ SECOND BY TO: rr%rnAruuvvurRevcu i cwco mmne rnve. Cnunge urger rvv. i Request for Action June 25, 2012 Page 2 The project included infrastructure improvements to Boone Avenue, between 42nd Avenue and 49th Avenue. The improvements involved street surface reclamation, spot curb and sidewalk replacement, and spot utility infrastructure work between 42nd Avenue and 49th Avenue. Change order No. 1 is for an incentive payment for the high quality of workmanship in the installation of the asphalt pavement. As required by state aid specification, the city's contract with the contractor must stipulate an incentive payment if the installed new pavement meets or exceeds a certain density. The last course of asphalt the contractor installed this year, as well as the intermediate course last fall, exceeded the required density. This is the same type of incentive payment the city has been required to pay to contractors in the past for quality workmanship in the installation of the asphalt pavement. The amount of change order No.1 is $4,393.22. Funding The original amount of the contract for the Boone Avenue infrastructure improvement project was $666,952.20. With change order No.1 at $4,393.22, the revised contract amount is $671,345.42. Change order No.1 is 100 percent eligible for state aid funds. Attachments The engineer's recommendation, the change order, and the resolution are attached. CITY OF NEW HOPE Resolution No. 12-102 Resolution approving change order No.1 in the amount of $4,393.22, for the Boone Avenue infrastructure project (improvement project 883) WHEREAS, the city has entered into a contract with Northwest Asphalt Inc., for the Boone Avenue infrastructure improvement project; and, WHEREAS, during the course of construction, modifications to the approved plans and specifications were needed to meet requirements of the Mn/DOT State Aid office; and, WHEREAS, a pay incentive for high quality workmanship on the installation of the asphalt pavement is required to meet state aid specifications; and, WHEREAS, the city engineer and staff have reviewed the costs submitted by Northwest Asphalt Inc., and find the cost of the incentive to be appropriate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves change order No.1 for a total amount of $4,393.22. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of June, 2012. '414d 4''V"'"" Mayor Attest: -Z fesdLec."T City Clerk June 15, 2012 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax; (651) 636-1311 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Boone Avenue Improvements - Change Order No. 1 Client Project No.: 883 Stantec Project No.: 1938000971000034-10231-0 Dear Guy: Enclosed find Change Order No. 1 which provides for the incentive payment to the Contractor for the bituminous binder and wear course pavement density as stipulated in the Contract. The total amount of the change order is $4,393.22, which is eligible to be funded using State Aid Funds. We recommend approval of the enclosed Change Order No. 1 for the work completed. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC t k,'4*<- Christopher W. Long, P.E. Attachments: Change Order No. 1 Cc: Guy Johnson New Hope; Mark Hanson, Katie Warner - Stantec ULM" ATKtF X RiL'1 MlY3 ANN. 011I9i ` LEGEND: PART 1(42ND AVE. TO 46TH AVE.) PART 2 (46TH AVE. TO 49TH AVE.) �� ►',�`1 son immm •.11111111 HWgOF II7fN sclr . IIIf11ENYV PROJECT LOCATION N■■■■■■■� ■r�■ -- ■ l■■g■■��%� SCS ■■■■■■■��� � ■viii ai �_ �- ��� �- `_ ■11111■ �: ■�� 11` � �--- ■11111 j' iM �y MM M. 1■k, I. M■ ■ w - MM 1111111�11]li ii i - -= 111 .. ONElion mm 111 ■ CITY OF NEW HOPE, MINNESOTA BOONE AVENUE IMPROVEMENTS I:\,34\34102310\CAD\DWG\341023102FD03R.DWG Aa YWG f11. 4 a 40D 600 MR Harfzari!al sole In FM a. IF • NME S340M FIGURE. 1R Bonestmo DATE: 2/8111 03W 34-10231-0 New 9 2FOK Ave. N., New Hope, MN 55428 CHANGE ORDER NO. 1 BOONE AVENUE IMPROVEMENTS CITY PROJECT NO. 883 S.A.P. 182-101-017 STANTEC PROJECT NO. 193800097 Date June 1 ILTA I2 CITY'S COPY Description of Work This Change Order provides for the incentive payment to the Contractor for the bituminous binder and wear course pavement density as stipulated in the Contract. Both items are eligible (100%) to be funded using State Aid Funds. No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 BITUMINOUS PAVEMENT DENSITY INCENTIVE - LS rt $3,852.97 $3,852.97 BINDER COURSE ADJUSTMENT 2 BITUMINOUS PAVEMENT DENSITY INCENTIVE - LS 1 $540.255 $540.25 WEAR COURSE ADJUSTMENT TOTAL CHANGE ORDER NO. 1: $4,393.22 19380M"CHOl.xls Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by, STANTEC CONSULTING SERVICES, INC. Age; 2� Date - Approved by Contractor: NORTHWEST ASPHALT, INC. / f G " i Irl IX) . Date $666,952.20 Approved by Owner: Cl OF NEW HOPE r Date State of Minnesota is not a participant in this contract, signing by the District State Aid Engineer is for FUNDING PURPOSES Y. Reviewed for compliance with State and Federal Aid Rules/Pollcy. Eligibility does not guarantee funds will be available. project Is eligible for: cc: Owner Contractor Bonding Company Stantec Consulting Services, Inc. MnDOT State Aid Office 193800097CHOl.xls Federal Funding State Aid Funding Local Funding June 28, 2012 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 Subject: Change Order No. 1 for Project No. 883 At its meeting of June 25, 2012, the New Hope City Council authorized change order no. 1 for $4,393.22. This brings the revised contract amount to $671,345.42. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Chris Long, Stantec Guy Johnson, director of public works CITY OF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 554284898 + www. ci.new-hope.mn.us City Hall: 763-531-5100 + Police (non -emergency): 763-531-5170 + Public Works: 763-592-6777 + TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 www.MinnLocal.com NUN MEDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known asGV, NH, Crystal, Robbinsdale Sun -Pest and has full knowledge of the facts stated below: (A) The newspaper has compiled with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A,02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 4 day of October 2012, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2012; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abodE g u nopqrstuvwxyz City of New Hope (Official Publication) CITY OF NEW HOPE NOTICE OF HEARING ON ASSESSMENTS FOR BOONS AVENUE STREET AND INFRASTRUCTURE IMPROVl=11lENT NO. 883 Notice is hereby Ilven that the City Coun- cil of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 22nd day of October, 2012 at 7:00 p.m. to consider objections to the proposed assessments for the Boone Avenue Street and Infrastructure Improvement Na883 heretofore ordered by the City Coundl. The general nature of the Improvement was the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42nd Avenue North to 49th Avenue North. This required the removal of all bituminous surfacing, preparation of existing aggre- gate base and newbituminous paving on the street roadway. water main improve- ments were limited to removing and re- placing existing hydrants and spot re- placement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for Improvement In 201b were replaced with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings were replaced and all storm sewer structures that are constructed of block were re- placed with precast concrete structures. Finally, all non-conbrming open pick hole sanitary sewer manhole covers were re- placed with concealed pick hole covers and sears were added to existing sanitary manhole accesses. Only the street Im- provements will be apecielly assessed. The street Improvements were separated into two parts as described in the Janu- ary 2011 feasibility report Part 1 included the section of Boone Avenue from 42nd to 48th Avenues North and Part 2 Includ- ed the section of Boone Avenue from 46th to 49th Avenues North. The street reconstruction project aiso included all other appurtenant works and services reasonably required to complete the pro- ject. The City allocates annually a portion Of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are spe- cially assessed for the Cost of street im- provements according to the City's ape- c€al assessment policy. 5 The proposed assessment roll is on file with the City Clerk and open to public �in- 4�spection. BY: The area proposed to be assessed con - CFO sists of every lot, piece or parcel of land benefitted by said Improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: Subscribed and sworn to or affirmed before me on this 4 day of October , 2012, t c6-�.� Notary Public JULIA 1. HELKENN NOTARY PU13UC- MINNESOTA qty Comm. go. Jan. 8f, 901E ---------------- Address PID number House of Hope 07-118-21-42.0036 Lutheran Church 4800 Boone Avenue North New Hope Church 07-118-21.42-0030 EFCA 4741 Zealand Avenue North New Hope Church 18-118.21.21-0106 EFCA 4217 Boone Avenue North Family Hope 18-118-21-21-0107 Service, Inc. 4201 Boone Avenue North The total amount proposed to be as- sessed is $110,927.44. written or oral objections will be consid- ered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessmentand filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written abjection signed by the affected property owner is fled with the Clerk prior to the assessment hearing or presented to the preskAng of- ficer at the hearing. All objections to the aesasements not receivetl it the assess - mot hearing in the manner prescribed by Minnesota Statutes, section 429.061 are wahred, unless the failure to objectto the assessment hearing is due to a rea- sonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any home- stead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Min. nesota National Guard or other military reserves ordered into active service for wham It would be a hardship to malas the Payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 at. al., a copy of which is available upon request at the of. floe ofthe City Clerk. The notice of this hearing mailed to prop- erty owners contains additional intorma- lion. Dated: September 24, 2012 BY ORDER OF THE CITY COUNCIL aftlerte Leone City perk (Oct. 4, 2012) P2-ImprovementNo663 Leone Valerie From: Steven Sondrall [SAS@JSPAttorneys.com] Sent: Tuesday, September 25, 2012 3:31 PM To: Sunlegals - Lisa (sunlegals@ecm-inc.com) Cc: Leone Valerie; Johnson Guy Subject: two public hearing notices for publication Attachments: public hearing notice assessment hearing2 - proj hearing - proj. 883 docx Lisa Please find attached two public hearing notice Please send the billing to Valerie Leone, New 55428 and send me a copy of the affidavit of Steve Sondrall New Hope City Attorney Steven A. Sondrall, Esq. Jensen Sondrall & Persellin, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 Direct (763)201-0211 Firm: (763)424-8811 Fax; (763)493-5193 877.docx; public hearing notice assessment ,s for publication on October 4, 2012. Hope City Clerk, 4401 Xylon, New Hope publication at the address below. Thanks. WARNING: Actual receipt of E -Mail communications should not be assumed. E -Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mails a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments (if any)cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments (if any) 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. If you received this communication in error, please immediately notify sender via E -Mail reply. CITY OF NEW HOPE NOTICE OF HEARING ON ASSESSMENTS FOR BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEMENT NO. 883 Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 22nd day of October, 2012 at 7:00 p.m. to consider objections to the proposed assessments for the Boone Avenue Street and Infrastructure Improvement No. 883 heretofore ordered by the City Council. The general nature of the improvement was the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42nd Avenue North to 49th Avenue North. This required the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main improvements were limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 were replaced with ductile iron pipe to the right-of-way. Further, non -city standard stone sewer catch basin castings were replaced and all storm sewer structures that are constructed of block were replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers were replaced with concealed pick hole covers and seals were added to existing sanitary manhole accesses. Only the street improvements will be specially assessed. The street improvements were separated into two parts as described in the January 2011 feasibility report. Part 1 included the section of Boone Avenue from 42nd to 46th Avenues North and Part 2 included the section of Boone Avenue from 46th to 49th Avenues North. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The proposed assessment roll is on file with the City Clerk and open to public inspection. The area proposed to be assessed consists of every lot, piece or parcel of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: Address PID number House of Hope Lutheran Church 07-118-21-42-0036 4800 Boone Avenue North New Hope Church EFCA 07-118-21-42-0030 4741 Zealand Avenue North New Hope Church EFCA 18-118-21-21-0106 4217 Boone Avenue North Family Hope Service, Inc. 18-118-21-21-0107 4201 Boone Avenue North The total amount proposed to be assessed is $110,927.44. Written or oral objections will be considered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is available upon request at the office of the City Clerk. The notice of this hearing mailed to property owners contains additional information. Dated: September 24, 2012 BY ORDER OF THE CITY COUNCIL s/Valerie Leone City Clerk Separate notices prepared for three properties. Mailed on 10/3/12. House of Hope Lutheran Church: 07-118-21-42-0036 (4800 Boone Avenue N.) $38,457.42 New Hope Church EFCA mailed to 4225 Qgftsburgl 07-118-21-42-0030 (4741 Zealand Avenue N.) $29,471.14 18-118-21-21-0106 (4217 Boone Avenue N.) $25,122.94 Family HoRe Service Inc. 18-118-21-21-0107 (4201 Boone Avenue N.) $17,875.94 TOTAL $110,927.44 New Hope Church EFCA 4225 Gettysburg Ave N New Hope, MN 55428 E NOTICE OF HEARING ON ASSESSMENTS FOR BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEMENT NO. 883 TO: PROPERTY TO BE ASSESSED ASSESSMENT: INTEREST RATUTERM: House of Hope Lutheran Church 07-118-21-42-0036, 4800 Boone Avenue North $38,457.42 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22nd day of October, 2012 at 7:0012.m. to consider objections to the proposed assessments for the Boone Avenue Street and Infrastructure Improvement No. 883 heretofore ordered by the City Council. The general nature of the improvement was the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42nd Avenue North to 49th Avenue North. This required the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main improvements were limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 were replaced with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings were replaced and all storm sewer structures that are constructed of block were replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers were replaced with concealed pick hole covers and seals were added to existing sanitary manhole accesses. Only the street improvements will be specially assessed. The street improvements were separated into two parts as described in the January 2011 feasibility report. Part 1 included the section of Boone Avenue from 42nd to 46th Avenues North and Part 2 included the section of Boone Avenue from 46th to 49th Avenues North. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. CITY OF AIEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 * www. ci.new-hope.mn.us City Hall: 763-531-5100 * Police (non -emergency): 763-531-5170 * Public Works: 763-592-6777 * TDD: 763-531-5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PIDI NUMBER/ House of Hope Lutheran Church: ADDRESS: 07-118-21-42-0036 (4800 Boone Avenue N.) New Hope Church EFCA 07-118-21-42-0030 (4741 Zealand Avenue N.) 18-118-21-21-0106 (4217 Boone Avenue N.) Family Hol2e Services Inc. 18-118-21-21-0107 (4201 Boone Avenue N.) TOTAL AMOUNT OF The total amount proposed to be assessed is $110,927.44. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City CIerk. -2-- SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6%. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2013, The assessment will be spread in equal annual installments over 10 years_bearing interest at 6%. The first installment will include interest on the total assessment from November 1, 2012, through December 31, 2013, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2012, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - Que partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. October 3, 2012 BY ORDER OF THE CITY COUNCIL sl Valerie Leong City Clerk -3- NOTICE OF HEARING ON ASSESSMENTS FOR BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEMENT NO. 883 TO: New Hope Church EFCA PROPERTY TO BE ASSESSED 07-118-21-42-0030, 4741 Zealand Avenue North ASSESSMENT: $29,47114 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22� of October, 2012 at 7-.0012.m. to consider objections to the proposed assessments for the Boone Avenue Street and Infrastructure Improvement No. 883 heretofore ordered by the City Council. The general nature of the improvement was the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42nd Avenue North to 49th Avenue North. This required the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway, Water main improvements were limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 were replaced with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings were replaced and all storm sewer structures that are constructed of block were replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers were replaced with concealed pick hole covers and seals were added to existing sanitary manhole accesses. Only the street improvements will be specially assessed. The street improvements were separated into two parts as described in the January 2011 feasibility report. Part 1 included the section of Boone Avenue from 42nd to 46th Avenues North and Part 2 included the section of Boone Avenue from 46th to 49th Avenues North. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. CzTy of NEw HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www. ci.new hope.mn.us City Hall: 763-531-5100 + Police (non -emergency): 763-531-5170 + Public Works: 763-592-6777 + TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City CIerk and open to INSPECTION: public inspection, AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ House of HQ12e Lutheran Church: ADDRESS: 07-118-21-42-0036 (4800 Boone Avenue N.) New Hol2e Church EFCA 07-118-21-42-0030 (4741 Zealand Avenue N.) 18-118-21-21-0106 (4217 Boone Avenue N) Family Hope Services Inc. 18-118-21-21-0107 (4201 Boone Avenue N.) TOTAL AMOUNT OF The total amount proposed to be assessed is $110,927.44. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. A., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6%. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2013. The assessment will be spread in equal annual installments over 10 years bearing interest at 6%. The first installment will include interest on the total assessment from November 1, 2012, through December 31, 2013, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT -You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2012, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2, PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. October 3, 2012 BY ORDER OF THE CITY COUNCIL sl Valerie Leone City Clerk -3- NOTICE OF HEARING ON ASSESSMENTS FOR BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEMENT NO. 883 TO: PROPERTY TO BE ASSESSED ASSESSMENT: INTEREST RATE/TERM: New Hope Church EFCA 18-118-21-21-0106, 4217 Boone Avenue North $25,122.94 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22nd da of October, 2012 at 7:00 p.m. to consider objections to the proposed assessments for the Boone Avenue Street and Infrastructure Improvement No. 883 heretofore ordered by the City Council. The general nature of the improvement was the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42nd Avenue North to 49th Avenue North. This required the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main improvements were limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 were replaced with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings were replaced and all storm sewer structures that are constructed of block were replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers were replaced with concealed pick hole covers and seals were added to existing sanitary manhole accesses. Only the street improvements will be specially assessed. The street improvements were separated into two parts as described in the January 2011 feasibility report. Part 1 included the section of Boone Avenue from 42nd to 46th Avenues North and Part 2 included the section of Boone Avenue from 46th to 49th Avenues North, The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (nonemergency): 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 ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/P11D NUMBER/ HgU2e of Hove Lutheran Church: ADDRESS: 07-118-21-42-0036 (4800 Boone Avenue N.) New Hope Church EFCA 07-118-21-42-0030 (4741 Zealand Avenue N.) 18-118-21-21-0106 (4217 Boone Avenue N.) Family Hope Services Inc. 18-118-21-21-0107 (4201 Boone Avenue N.) TOTAL AMOUNT OF The total amount proposed to be assessed is $110,927.44. PROPOSED ASSESSMENT. WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk, LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. —2— SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6%. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2013. The assessment will be spread in equal annual installments over 10 years bearing interest at 6%. The first installment will include interest on the total assessment from November 1, 2012, through December 31, 2013, or 14 months" interest. PAYMENT OPTIONS 1, FULL PAYMENT -You may prepay the entire assessment to the Finance THIS YEAR Director or Assessment Clerk of the City prior to December 1, 2012, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. October 3, 2012 BY ORDER OF THE CITY COUNCIL s/ Valerie Leone City Clerk -3- NOTICE OF HEARING ON ASSESSMENTS FOR BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEMENT NO. 883 TO: PROPERTY TO BE ASSESSED ASSESSMENT: INTEREST RATE/TERM: Family Hope Services Inc. 18-118-21-21-0107,4201 Boone Avenue North $17,875.94 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22n6 day of October, 2012 at 7.00 p.m. to consider objections to the proposed assessments for the Boone Avenue Street and Infrastructure Improvement No. 883 heretofore ordered by the City Council. The general nature of the improvement was the reclamation and replacement of the entire bituminous surfacing of the Boone Avenue North roadway from 42nd Avenue North to 49th Avenue North. This required the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving on the street roadway. Water main improvements were limited to removing and replacing existing hydrants and spot replacement of existing valves on the main line that parallels Boone Avenue. Also, water main leads to adjoining streets scheduled for improvement in 2015 were replaced with ductile iron pipe to the right-of-way. Further, non -city standard storm sewer catch basin castings were replaced and all storm sewer structures that are constructed of block were replaced with pre -cast concrete structures. Finally, all non -conforming open pick hole sanitary sewer manhole covers were replaced with concealed pick hole covers and seals were added to existing sanitary manhole accesses. Only the street improvements will be specially assessed. The street improvements were separated into two parts as described in the January 2011 feasibility report. Part 1 included the section of Boone Avenue from 42nd to 46th Avenues North and Part 2 included the section of Boone Avenue from 46th to 49th Avenues North. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota- OWNER/PID NUMBER/ House of ILol2e Lutheran Church: ADDRESS: 07-118-21-42-0036 (4800 Boone Avenue N.) New Hope Church_EFCA 07-118-21-42-0030 (4741 Zealand Avenue N.) 18-118-21-21-0106 (4217 Boone Avenue N.) Family Hope Services Inc. 18-118-21-21-0107 (4201 Boone Avenue N.) TOTAL AMOUNT OF The total amount proposed to be assessed is $110,927.44. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. —2— SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roil, interest will accrue on the assessment at the rate of 6%. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2013. The assessment will be spread in equal annual installments over 10 years bearing interest at 6%. The first installment will include interest on the total assessment from November 1, 2012, through December 31, 2013, or 14 months' interest, PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the enre assessmM1 to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2012, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. October 3, 2012 BY ORDER OF THE CITY COUNCIL ssLValerie Leone City Cleric —3— COUNCIL Request for Action � Originating Department Approved for Agenda Agenda Section Public Works October 22, 2012 Public Hearin Item No. 7.2 By: Guy Johnson By: Kirk McDonald, City Manager Resolution adopting assessments for improvement project No. 883 (Boone Avenue street and infrastructure improvements) Requested Action Staff is recommending that the Council approve a resolution to adopt the proposed assessments for the Boone Avenue street and infrastructure improvement project No. 883. Policy/Past Practice Assessments are proposed to be levied against benefited, tax-exempt properties, in accordance with New Hope's assessment policy. Background On November 8, 2010, Council authorized preparation of a feasibility report for a proposed infrastructure project for Boone Avenue. On January 24, 2011, the feasibility report was presented and accepted by the Council. On February 14, 2011, Council set the project's public hearing for March 14, 2011, and authorized the preparation of plans and specifications. Council also directed staff to notify House of Hope Lutheran Church, Family Hope Services, and New Hope Church, utilizing assessment role A. The city clerk notified the property owners regarding the proposed assessment project and notified their representatives of the hearing. On March 14, 2011, Council approved plans and specifications, and ordered advertisement for bids. Council awarded a contract to Northwest Asphalt Tic. in the amount of $666,952.20 on April 25, 2011. One change order was approved for $4,393.22 on June 25, 2012, bringing the revised contract to $671,345.42. The 2011 Boone Avenue improvement project involved street surface reclamation, spot curb and sidewalk replacement, and spot utility infrastructure work between 42nd Avenue and 49th Avenue. Motion by Secoad-by-. To:Ape- L•IRPAIPUBW0RKS120121883 Boone Ave. Public Hearing Adopting Assessments.doc Request for Action October 22, 2012 Page 2 On September 24, 2012, Council approved a resolution declaring costs to be assessed and established a public hearing to consider the assessments at the October 22 Council meeting. The city clerk has notified the property owners of the public hearing and the proposed assessment. Using the New Hope assessment policy, the city engineer has determined that the total cost for the street portion of the 2011 Boone Avenue improvement project is $724,700.09. Using New Hope's assessment policy, the assessment rate for commercial/industrial properties is $96.63 per foot for street reclamation work. The Boone Avenue infrastructure improvement project includes four tax exempt properties for assessment. The properties to be assessed for the Boone Avenue improvement project are: Address Front footage PID Number Assessment Amount New Hope Church EFCA 4741 Zealand Avenue N. 305 feet 07-118-21-42-0030 $29,471.14 New Hope Church EFCA 4217 Boone Avenue N. 260 feet 18-118-21-21-0106 $25,122.94 Sub -Total $54,594.08 House of Hope Lutheran Church 4800 Boone Avenue N. 398 feet 07-118-21-42-0036 $38,457.42 Family Hope Service Inc. 4201 Boone Avenue N. 185 feet 18-118-21-21-0107 $17,875.94 GRANT) TOTAL: $110,927.44 The proposed total assessment amount for the project is $110,927.44. Funding The remainder of the project cost is being funded by the street infrastructure fund., state aid fund, storm water fund, and the water fund. Council also passed a resolution on February 14, 2011, that gives the city the option to incur debt through a bond sale for water infrastructure expenditures. Attachments A resolution prepared by the city attorney and a memorandum from the city engineer is attached. h \RFAIPUBWORK5120121883 Boone Ave. Public Hearing Adopting Assessmenks.doc RESOLUTION NO. 12 - _15 7 RESOLUTION ADOPTING ASSESSMENT FOR BOONE AVENUE STREET AND INFRASTRUCTURE IMPROVEIMENT PROJECT NO. 883 WHEREAS, pursuant to notice duly given as required by law, the City Council met on October 22, 2012 and heard and passed on all objections to the proposed assessment for the Boone Avenue Street and Infrastructure Improvement Project No. 883, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofNew Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of said installments to be payable with general taxes for the year 2013, collectible with such taxes during the year 2013. b. To the first installment shall be added interest at the rate of six percent (6%) per annum on the entire principal amount of the assessment from the date of this Resolution until December 31st of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (3 0) days from the date hereof; and such property owner may at any time prior to November 15th of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31St of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. Adopted by the City Council this 22nd day of October, 2012. f � Kathi Hemken, Mayor Attest: 11,4-1 Valerie Leone, City Clerk PAATTORNEYMMI CIADMFUN C[TY OF NEW NOPM9MI871MWNE STAM PROJ.2011}1RFWLUTION ADOPTING ASSESSMEWTAOC Assessment Roll - Project 883 House of Hope Lutheran Church. 07-118-21-42-0036 (4800 Boone Avenue N.) $38,457.42 New HoRe Church EFCA mailed to 4225 GgUysbury 07-118-21-42-0030 (4741 Zealand Avenue N.) $29,471.14 18-118-21-21-0106 (4217 Boone Avenue N.) $25,122.94 Family Hope Service Inc. 18-118-21-21-0107 (4201 Boone Avenue N.) $17,875.94 TOTAL $110,927.44 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 "^ Fax: (651) 636-1311 October 17, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Boone Avenue Improvements — Public Hearing on Assessments Client Project No.: 883 5tantec Project No.: 193800097 Dear Guy: The street construction costs have been identified and assessment rates calculated for the Boone Avenue Improvements and now a public hearing can be held. One rate was calculated for the reclamation improvement completed on Boone Avenue. The reclamation improvement rate has a value for both residential and non-residential properties. Below is a summary of the calculated rates for the project: Total Project Cost = $838,685.80 Final Project Total Street Cost = $724,700.09 Treatment/Rate Residential Rate per FF Non -Residential Rate per FF Reclamation $64.42 $96.63 City policy states tax paying properties are exempt from assessment for infrastructure improvements. Therefore, assessment amounts have been calculated only for the tax exempt properties within the project. The table on the following page lists the tax exempt properties and their corresponding assessment amount. ymaea Page 2 of 2 Reference: Boone Avenue Improvements - Public Hearing on Assessments Proeein FF Treatment PEQRZ Rate Assessment House of Hope Luth Church 398 Reclaim Non - $96.63 $38,457.42 4800 Boone Ave Residential New Hope Church EFCA 4741 Zealand Ave 305 Reclaim Non - Residential $96.53 $29,471.14 New Hope Church EFCA 260 Reclaim Non - $96.63 $25,122.94 4217 Boone Ave Residential Family Hope Services 4201 Boone Ave 185 Redaim Non - Residential $96.63 $17,875.94 Total Assessment Amount $110,927.44 It is recommended to adopt the assessments for the Boone Avenue Improvements project. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Ou•x7j"- Christopher W. Long, P.E. Cc: Shawn Markham — New Hope; Mark Hanson, Jason Petersen — Stantec. D �J �- f I LEGEND: SdENCE CENTER DR PART 1(42 -ND AVE. TO 46TH AVE.) PART 2 (46TH AVE. TO 49TH AVE.) C. 4. RAIL SYS'[EI NOL[OAY VA=K NEiV Nf1F. Olf�f I NEN Hm A?NLEC 00 Q11 o® 9 o0amD CITY OF NEW HOPE, MINNESOTA BOONE AVENUE IMPROVEMENTS I:\34\34102310\CAD\DWG\34I02310zFo01R.DwG mill'i '4 MR mom PAIII� mm= se WE mm 1111 inn i AVE N f AL`!i. YNG 0 400 800 HoCzontal Scale In Feet G. 'm' AM 9p1aoL FIGURE: IR Bonest DO DATE: 2/8/11 COMM: 34-10231-0 PROJECr LOCATION MERCER TWO I I '4 MR mom PAIII� mm= se WE mm 1111 inn i AVE N f AL`!i. YNG 0 400 800 HoCzontal Scale In Feet G. 'm' AM 9p1aoL FIGURE: IR Bonest DO DATE: 2/8/11 COMM: 34-10231-0 October 22, 2012 Mayor Hemken & New Hope City Council 4401 Xylon Avenue North New Hope, MN 55428 RE: Property Assessment for the Boone Avenue Street and Infrastructure Improvement Project #883. Dear Mayor Hemken & City Council, On behalf of the Leadership & Congregation of New Hope Church, we want to thank you for the way you handled this project We had two properties affected by Project 883— • 4217 Boone Avenue North Q 4401 Xylon Avenue North Your communication and coordination with us in preparation for the project and during the project was much appreciated. As the project is now coming to completion, we want to acknowledge the quality of the work performed and thank you for keeping the assessment amounts lower than originally estimated. New Hope Church will pay our share of the assessments by November 15, 2012. Sincerely, ='e— David Rodquist Senior Associate Pastor Cc Steve Goold, Senior Pastor Roger Mehrer, Elder Chairman in generosity JOYFULLY GIVING TO GOD 4225 gettysburg avenue north new hope, minnesota 55428 763.533.2449 www.newhopechurchmn.org an evangelical free church 6f 1 Originating Department Public Works By: Bob Paschke, Director COUNCIL Request for Action Approved for Agenda October 28, 2013 By: Kirk McDonald, City Manager Agenda Section Consent Item No. 6.10 Resolution accepting the Boone Avenue infrastructure improvement project and approving the final payment request to Northwest Asphalt Inc. (improvement project No. 883) Requested Action Staff recommends that Council approve a resolution to accept the Boone Avenue infrastructure improvement project and authorize final payment to Northwest Asphalt Inc. in the amount of $61,348.61. Background Council authorized preparation of a feasibility report for the Boone Avenue infrastructure project on November 8, 2010, and on January 24, 2011, the city engineer presented the feasibility report for this improvement project. On February 14, 2011, Council set the project's public hearing date and authorized the preparation of plans and specifications. The city clerk notified the property owners regarding the proposed assessment project and a public hearing was held on March 14, 2011. After closing the public hearing, Council ordered construction of the Boone Avenue infrastructure improvement project, approved the plans and specifications, and ordered advertisement for bids. A contract was awarded to Northwest Asphalt Inc. in the amount of $666,952.20, at the April 25, 2011, Council meeting. Council approved a resolution on October 22, 2012, to adopt the proposed assessments for the Boone Avenue infrastructure improvement project. The Boone Avenue infrastructure project involved street surface reclamation, spot curb and sidewalk replacement, and spot utility infrastructure work between 42nd Avenue and 44th Avenue. Motion by Second by To: A,66t hL A.0/3—1 qY-r I: RFA\ PUB WORKS\2013 \ 883 Boone Avenue Infrastructure Final.doc Request for Action October 28, 2013 Page 2 Funding Northwest Asphalt Inc. originally bid $666,952.20 for the project. As required by state aid specification, the city's contract with the contractor stipulated an incentive payment if the new pavement installed meets or exceeds a certain density. The last course of asphalt the contractor installed in 2012, as well as the intermediate course in 2011, exceeded the required density. A change order was approved on June 25, 2012, for $4,393.22 as an incentive payment for the high quality of workmanship in the installation of the asphalt pavement. The change order was 100 percent eligible for state aid funds and brought the revised contract to $671,345.42. During replacement of some of the utility infrastructure, poor soils were encountered in a few areas and soil corrections were necessary. The additional work increased the value of completed work by $3,592.42, for a project total of $674,937.84. The final payment request is $61,348.61. Funding was from the city's state aid account, assessments, water fund, storm water fund, and the sanitary sewer fund. Attachments RFA Resolution Engineer's memorandum recommending acceptance of the project Final pay request I:\RFA\PUBWORK5\20131883 Boone Avenue Infrastructure Final.doc City of New Hope Resolution No. 13-144 Resolution accepting the Boone Avenue infrastructure improvement project and approving the final payment request to Northwest Asphalt Inc. (improvement project No. 883) WHEREAS, the city has entered into a contract with Northwest Asphalt Inc. for construction of the Boone Avenue infrastructure project; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 883 and approve final payment to Northwest Asphalt Inc. in the amount of $61,348.61; and, WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends that final payment be made to Northwest Asphalt 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 Boone Avenue infrastructure project from Northwest Asphalt Inc. 2. That the city manager is hereby directed to authorize the final payment of $61,348.61, to Northwest Asphalt Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 28th day of October, 2013. Mayor Attest:` '� %-0— City Clerk wvnen _ City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: _September 5, 2012 or Period: 6/16/2012 to 8/29/2012 Request No: _ 3/Final Antractor: Northwest Asphalt Inc., 1451 Stagecoach Rd., Shakopee, MN 55379 CONTRACTOR'S REQUEST FOR PAYMENT BOONE AVENUE IMPROVEMENTS STANTEC PROJECT NO. 193800097 / 000034-10231-0 CITY PROJECT NO. 883 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved by Contractor: NORTHWEST ASPHALT, INC. Specified Contract Completion Date: 19M097RE03FINAUdsm Approved by Owner: CITY OF N W HOPE Date: �624ZZ.3 - $ 666 952.20 $ 4,393.22 $ 0.00 $ 671,345.42 $ 674 937.84 $ 0.00 $ 674,937.84 $ 0.00 $ 674 937.84 $ 613,589.23 $ 0.00 3/Final $ 61,348.61 Approved by Owner: CITY OF N W HOPE Date: �624ZZ.3 - No. 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ril 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Item BASE BID MOBILIZATION REMOVE CURB AND GUTTER REMOVE WATER MAIN REMOVE BITUMINOUS DRIVEWAY PAVEMENT REMOVE CONCRETE WALK REMOVE MANHOLE OR CATCH BASIN REMOVE CASTING REMOVE VALVE BOX REMOVE HYDRANT SAWING BITUMINOUS PAVEMENT (FULL DEPTH) COMMON EXCAVATION (P) SELECT TOPSOIL BORROW SPECIAL (LV) STREET SWEEPER (WITH PICKUP BROOM) WATER FOR DUST CONTROL AGGREGATE BASE CLASS 5 RECLAIM BITUMINOUS PAVEMENT BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 12.5 WEARING COURSE MIXTURE (3,E) TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,B) PATCH BITUMINOUS DRIVEWAY 4" INSULATION HYDRANT 6" GATE VALVE AND BOX 8" GATE VALVE AND BOX 12" BUTTERFLY VALVE AND BOX CONNECT TO EXISTING WATER MAIN ADJUST VALVE BOX ADJUST HYDRANT 6" WATERMAIN DUCTILE IRON CL 52 8" WATERMAIN DUCTILE IRON CL 52 CONSTRUCT DRAINAGE STRUCTURE SPECIAL, 2'x3' RECTANGULAR CATCH BASIN CONSTRUCT DRAINAGE STRUCTURE SPECIAL, 4' DIA CBMH CONSTRUCT DRAINAGE STRUCTURE SPECIAL, 6.5' DIA MH FURNISH AND INSTALL R3065 CASTING, INCL. CONCRETE ADJ RINGS FURNISH AND INSTALL R1642 CASTING, INCL. CONCRETE AD] RINGS INSTALL CHIMNEY SEAL CONNECT EXISTING PIPE TO STORM STRUCTURE 4" CONCRETE WALK CONCRETE CURB & GUTTER DESIGN 8618 6" CONC WALK FOR PEDESTRIAN CURB RAMP TRUNCATED DOMES TRAFFIC CONTROL NMC LOOP DETECTOR PROTECTION OF CATCH BASIN, NON -PAVED STREET PROTECTION OF CATCH BASIN, PAVED STREET SODDING TYPE LAWN PAVEMENT MESSAGE (LEFT ARROW) PAINT PAVEMENT MESSAGE (RIGHT-THRU ARROW) PAINT PAVEMENT MESSAGE (ONLY) PAINT 4" DOUBLE SOLID LINE YELLOW -PAINT 4" BROKEN LINE YELLOW -PAINT 4" SOLID LINE WHITE -PAINT 12" STOP LINE WHITE - PAINT ZEBRA CROSSWALK WHILE PAINT TOTAL BASE BID CHANGE ORDER NO. 1 1 BITUMINOUS PAVEMENT DENSITY INCENTIVE - BINDER COURSE ADJUSTMENT' 2 BITUMINOUS PAVEMENT DENSITY INCENTIVE - WEAR COURSE ADJUSTMENT TOTAL CHANGE ORDER NO. 1 TOTAL BASE BID TOTAL CHANGE ORDER NO. 1 TOTAL WORK COMPLETED TO DATE 593=087REWFINILWam $4,393.22 $670,544.62 $4,393.22 $674,937.84 Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LUMP SUM 1 9900.00 1 $9,900.00 LIN FT 1530 4.00 34 1660 $6,640.00 LIN FT 252 10.00 260 $2,600.00 SQ YD 18 5.85 142 $830.70 SQ YD 510 11.25 108 279 $3,138.75 EACH 6 500.00 7 $3,500.00 EACH 17 75.00 12 $900.00 EACH 7 75.00 7 $525.00 EACH 6 500.00 6 $3,000.00 LIN FT 273 5.00 302 $1,510.00 CU YD 3877 4.00 4579.27 $18,317.08 CU YD 110 22.50 22 102 $2,295.00 HOUR 10 125.00 3.25 9.5 $1,187.50 1000 GAL 50 35.00 12 42 $1,470.00 TON 125 7.50 3806.84 $28,551.30 SQ YD 17450 2.28 916 18366 $41,874.48 GALLON 880 4.00 1598 $6,392.00 TON 1655 52.65 1509.81 $79,491.50 TON 7175 48.80 255.64 6342.5 $309,514.00 SQ YD 1B 25.00 34 142 $3,550.00 SQ YD 14 35.00 $0.00 EACH 6 3450.00 9.74 $33,603.00 EACH 3 1400.00 5 $7,000.00 EACH 1 1800.00 1 $1,800.00 EACH 3 2000.00 3 $6,000.00 EACH 8 250.00 8 $2,000.00 EACH 9 425.00 5 $2,125.00 EACH 6 50.00 4 $200.00 LIN FT 194 30.00 37.4 302.9 $9,087.00 LIN FT 60 35.00 98.69 159.69 $5,589.15 EACH 2 1200.00 3 $3,600.00 EACH 3 2250.00 3 $6,750.00 EACH 1 4000.00 1 $4,000.00 EA 6 550.00 1.1 $605.00 EA 11 750.00 7.33 $5,497.50 EACH 11 165.00 11 $1,815.00 EACH 14 150.00 10.46 24.46 $3,669.00 SQ FT 3600 2.95 1628 $4,802.60 LIN FT 1530 12.65 34 1660 $20,999.00 SF 1134 4.50 823 $3,703.50 SQ FT 128 30.00 144 $4,320.00 LUMP SUM 1 3450.00 1 $3,450.00 EACH 2 800.00 6.67 $5,336.00 EA 16 0.01 16 $0.16 EA 16 0.01 $0.00 SQ YD 970 4.88 1133 $5,529.04 EACH 6 50.00 4 $200.00 EACH 6 75.00 4 $300.00 EACH 3 100.00 1 $100.00 LIN FT 6606 0.18 4501 $810.18 LIN FT 1203 0.09 500 $45.00 LIN FT 18930 0.06 12345 $740.70 LIN FT 211.5 1.80 212 $381.60 SQ FT 1242 1.64 792 $1,298.88 $670,544.62 LS 1 $3,852.97 1 1 $3,852.97 LS 1 $540.25 1 1 $540.25 $4,393.22 $670,544.62 $4,393.22 $674,937.84 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 883 STANTEC PROJECT NO. 193800097 / 000034-10231-0 CONTRACTOR NORTHWEST ASPHALT, INC. CHANGE ORDERS No. Date Dpsrrintinn Ammint 1 6/15/2012 This Change Order provides for additional work on this $4,393.22 lDroiect. See Change Order. Payment Retainage Completed 1 Total Change Orders $4,393.22 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 08/01/2011 12/07/11 477 213.87 25 116.52 502 330.39 2 12/08/2011 06 15/12 136 375.37 32 294.17 645 883.40 3/FINAL 06/16/2012 08/29/12 61 348.61 674 937.84 Material on Hand otaI Payment to Date678 584.08 Original Contract $666,952.21 tetaina a Pa No. 3/Final Change Orders $4,393.2 otal Amount Earned $678,58-08 Revised Contract 671345.4; 183800097RER3FINAL,)ftM Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Te!: (651) 636-4600 `r -tan."` Fax: (651) 636-1311 October 21, 2013 File: 193800097 Attention: Bob Paschke City of New Hope 5500 International Parkway New Hope, MN 55428 Reference:City Project #883 — Boone Avenue Improvements — Final Payment Dear Bob, Enclosed find the final pay request and the IC -134 forms for the Boone Avenue Improvements project. The contractor, Northwest Asphalt, Inc. has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $61,348.61 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $666,952.20. The contract was amended to include one change order, resulting in a Revised Contract Amount of $671,345.42. The Final Construction Amount is $674,937.84, which is more than the Revised Contract Amount. This project had a $3,592.42 over run, which was primarily due to additional subgrade excavation required to improve the poor soils encountered on Boone Avenue. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. r Christopher W. Long, P.E. c. Paul Coone — New Hope; Adam Martinson, Rohini Ray— Stantec. Page 1 of 2 MIN ESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-294-610-176 Submitted Date and Time: 7 -Oct -2013 9A0:34 AM Legal Name: NORTHWEST ASPHALT INC Federal Employer ID: 41-1321372 User Who Submitted: northwest Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: 640450560 5333310 CITY OF NEW HOPE CP 883 22 -Sep -2011 09 -May -2012 BOONE AVENUE IMPROVEMENTS $674,937.84 Subcontractor Summary Name ID Affidavit Number NEW LOOK CONTRACTING INC 2321133 1983643648 AMS CONTRACTING LLC 1119687 412868 CURB MASTERS INC 2207114 910458880 MID STATE RECLAMATION INC 1719563 1208483840 SAFETY SIGNS LLC 5139558 2040758272 IIEIKES FARMS INC 1531541 1085865984 HIGHWAY TECHNOLOGIES INC 5194523 1206124544 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need :further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) https://www.mndor.state.mn.us/tplretrieve?type=PrintFriend&key 1=275318016&key2=13... 10/7/2013 Page 1 of I MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary ConErmation Number. 0405-483-264 Submitted Date and Time: 3 -Oct -2013 11:01:36 AM Legal Name: NEW LOOK CONTRACTING INC Federal Employer ID: 41-1615712 User Who Submitted: Kmitchellnlc 1 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Account Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1.983643648 2321133 CITY OF NEW HOPE CP 883 15 -Aug -2011 30 -Jun -2012 BOONE AVENUE IMPROVEMENTS $153,586.23 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division -at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmation page for your records using the print or save functionality built into your browser.. https:/lwww.mndor.state.mn.usltp/retrieve?type=PrintFriend&key 1=59770112&key2 =456... 10/3/2013 M1NNES()TA- REVENUE Contractor's Withholding Affidavit Confirmation AMS CONTRACTING LLC lb 1119687 Please keep this information far your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 412868 Fri Oct 21 08:11:06 CDT 2011 CITY OF NEW HOPE CP 883 October 2011 October 2011 SOONE AVENUE, NEW MOPE No subcontractors listed. i KSV 1 Vl 1 https://www.tnndor.state.MrLus/we/action/confirmationPrint 10/21/2.011 MNESOTA-REVENUE YWr Coaww:itor Aftidsavil request is Appmved. A copy 'Of this pa& MLIST be provklod to t Conlractor dr gigiantne t agcncy that Bred you. . Submitted. Date and Term; 31 -Oct -2012 12.19:1$ PPI Coni-Im ation Number: Name:. IES: AffidaAl Nnntl�r: Project O%Tler. Project Number. Procct Bryn Date: Project.End Dials:; Project Uvation: Mt:,j 0 Amant; Sulie�ntractc 0=25"S8-176. ..MB MAMWRS.INC 2207114 CITY OF NENY HOPE: ..4510 5tf 1MI1 ��f2Cil? BOONE AVENUE: IMPROVEMENTS - NEWI IQPE XOu'Can OivaYs SCO:C ipies Of YOUr tran exioas by. n' w you r.R.equCsts taby� 110M.' Rir.a . paper ems: ofthis;Onf mi-atioln.:elirk on the ."Printer Frknd1y Y>ew" button; Plea. ' hia goarjrnvtin eft (Or,)TUfMvqr4 usisrg The mint: orsave full a*ali.ty built .into fir. tror+w, ION 108 TJ U1l 12;19 pm Page 1 of 1 M NNESC7I'A• REVENUE Your.Contractor Affidavit request is Approved_ A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 24 -May -2012. 7:29:04 AM Confirmation Number: 0-983-198-208 Name: MID STATE RECLAMATION INC ID: Affidavit Number: Project Owner: Project Number: Project Begin. Date: Project End Date: Project Location: Project Amount: Subcontractors: 1719563 1208483840 CITY OF NEW HOPE 1709 9/23/2011 9/23/2011 BOONE AVENUE IMPROVEMENTS, NEW HOPE $12,999.50 No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please print this confirmation agne for your records using the print or save functionality built into your browser. https://huww. rnndorstate.nzn. usltp/retrieve?type=PrintFri end&key I =75 7.73 03 04&key2=17... 5/2412012 tIN06/20/2012 12:25 9524696689 SAFETY SIGNS PAGE 01/02 Pagel of] NESOTA- REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time- 20 -Ju- 2012 11:59:46 AM Confrmation Number: 0-948-124-] 60 Name: SAFETY .SIGNS LLC ZD: 5139558 Affidavit Number: 2040758272 Project Owner: CITY OF NEW HOPE Project Number: NA Project Begin Date: 8/15/2011 Project End Date: 5114/2012 Project Location: BOONE AVE IMPROVEW NTS Project Amount: $3,450.00 Subcontractors: No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View"' button. Please int this confirmation a for your records using the print or save fimctionality built into your browser. httns://www.mndor_state.=.us/tn/retrieve?type--PrxntF'riend&key1=1123396608&key2=747857326 6/20/201 �- - — t UU-,a 1V.Ua.4,+ tkJIYI I P rrom: `fences ramr. inc. 6119112��TT httpsJ`www.m�nddoorr.state.mn.usltplretrieve?type=PrintFriend&keyZ=1294643872&key2=688636609 ++� Your Contractor Affidavit request is Approved. A copy ofthis page MUST be provided to the contractor or government agency that hired you. Submined Uate and Time: 19 -Jun -2012 102055 AM Confinreition Number: 1-741-765-1.20 Natree: HELKES FARMS INC TD: - 1531541 Affidavit Number: 1085865984 Project Owner: CITY OF NEW HOPE Project Number: 883 Project Begin Date: 10/15/2011 Project End Date: 10/2612011 Project Location: NEW I10PFs, MN Project Amount: $4,733.60 Subcontractors: No Subconti-actors You canalways see copies ofyour transactions by going to your Requests tabyour Home page. For a paper copy of tli.is confirmation, click on the `Printer Friendly View" button. Please pd this coni rn-ation page for your records using the print or save fimctionality bink into your browser. https:llwww.mndar.staie.mn_us/tptretrieve?type=PrintFriend&key1=1294543872&key2=688636609 111 Page 1 of 1 MINNESOTA - REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 18 -Jun -2012 3:29:23 PM Confirmation Number: 1-756-314-112 Name: HIGHWAY TECHNOLOGIES INC ID: 5194523 Affidavit Number: 1206124544 Project Owner. CITY OF NEW HOPE Project Number: BOONE AVE Project Begin Date: 10/13/2011 Project End Date: 5/10/2012 Project Location: NEW HOPE Project Amount: $5,900.73 Subcontractors: No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please print this confirmation RAge for your records using the print or save functionality built into your browser. https://www.nmdor.state.mn.usltplretrieve?type =PrintFriend&keyl=541207552&key2=15... 6/18/2012