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HomeMy WebLinkAbout2017-2806PROPOSALOF -7 CITY OF COLUMBIA HEIGHTS 637 38th AVENUE NE COLUMBIA HEIGHTS, MN 55421 * * * * * * * * ** *PROPOSAL* * * * * * * * * ** FOR HIGHWAY CONSTRUCTION AND MAINTENANCE PROJECTS WITH BIDS RECEIVED UNTIL 10:00 O'CLOCK A.M. ON FRIDAY, JUNE 30, 2017 TO FURNISH AND DELIVER ALL MATERIALS AND TO PERFORM ALL WORK IN ACCORDANCE WITH THE CONTRACT, THE PLANS AND THE APPROVED DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION," 2016 EDITION, EXCEPT AS STATED OTHERWISE IN THE SPECIAL PROVISIONS WHICH ARE PART OF THIS PROPOSAL, FOR STATE PROJECT NO. 113 -010 -022 MINNESOTA PROJECT NO. HS1P 0217 (146) LOCATION: CENTRAL AVENUE NE (TH 65) (47TH AVENUE NE TO 51ST AVENUE NE) TYPE OF WORK: % MEDIAN CONSTRUCTION, SIDEWALK, STREET /PEDESTRIAN LIGHTING & ADA WORK LENGTH: 2,700 FEET (0.511 MILES) STARTING DATE: August 1, 2017 COMPLETION DATE: December 15, 2017 NOTICE TO BIDDERS: In submitting a bid, you must return this complete proposal. You must initial changes made in the Schedule of Prices in the Proposal and acknowledge addenda on the back cover sheet. I certify that this Proposal was prepared by me or under my direct supervision, and that 1 am a licensed professional engineer under the laws of the State of Minnesota. co t D. Haupt, PE License Number 46603 Date: April 28. 2017 BID RIGGING IS A SERIOUS CRIME. IF YOU HAVE ANY INFORMATION CONCERNING COLLUSIVE BIDDING, EVEN A REQUEST TO SUBMIT A COMPLIMENTARY BID, PLEASE CALL THE MINNESOTA ATTORNEY GENERAL'S OFFICE AT TELE. NO. 651-296-1796 S.P. 113-010-022 City of Columbia Heights From: Short Elliott Hendrickson Inc. 3635Vadnain Center Drive 8L Pau[ MN 55110-5196 651.490.2000 To: Document Holders DOCUMENT HOLDERS on the above-named project are hereby notified that this document shall be appended to, take precedence over and become part of the original bidding documents dated April 28, 2017 for this work. Bids submitted for the construction of this work shall conform to this document. This addendum consists of one (1) page and attached Revised Proposal Form' and Drawings No. 2, 4. 51 and 52. Changes toBidding Requirements: 1. Replace the Proposal Form in its entirety with the attached Revised Proposal Form. Changes to Drawings: 2. Replace Drawing 2/86 in its entirety with the attached Revised Drawing 2/60. 3. Replace Drawing 4/66 in its entirety with the attached Revised Drawing 4/66. 4. Replace Drawing 51/66 in its entirety with the attached Revised Drawing 51/66. 5. Replace Drawing 52/00 in its entirety with the attached Revised Drawing 52/86. Note Receipt of this Addendum No. 1 (dated June 23.2O17) shall be acknowledged un Form 21128Oofthe Bidding Documents. Failure to do so may subject Bidder to disqualification. Aaaenaurn COLHT 139409 000011-1 TITLE SHEET �119M F.1 1) To Columbia Heights City Council 2) Notice to Bidders (Bid Rigging) 3) Limitation on Use of Contract Funds for Lobbying 4) Certification Regarding Debarment 5) Notice to Bidders — Traffic Control Prevailing Wage Coverage 6) Debarment Notice 7) Federally Funded Contracts Special Provisions Division A 8) Federal Wage Rates 9) Notice to Bidders (Prompt Payments to Subcontractors) 10) State Wage Rates 11) Notice of Certification of Truck Rental Rates 12) Standard Form of Agreement 13) Performance Bond 14) Payment Bond Division S - Roadway Division SL - Lighting Division ST — Traffic Signs & Striping Stipulation for Foreign Iron or Steel Materials (1910) Fuel Escalation Clause MnDOT Schedule of Materials Control 2016 DBE Special Provisions EEO Special Provisions EEO Appendix A Short Version Notice to Bidders - Abbreviations of Schedule of Prices RHIM] lortz Proposal Form Form 21126D with DBE Goal Attachment Certification 32-34 Non-Collusion Affidavit Responsible Contractor Verification and Certification of Compliance S.P. 113-010-022 Table of Contents COLHT 139409 Page 1 This Page Left Blank Intentionally �•, rr /.DY- City of .a Heiqhts 113-010-022 SEH No. COLHT 139409 Notice is hereby given that sealed Bids will be received by the City of Columbia Heights until 10:00 a.m., Friday, June 30, 2017, at the Columbia Heights Public Works Facility, located at 637 38th Avenue NE, Columbia Heights, MN 55421, at which time they will be publicly opened and read aloud, for the furnishing of all labor and material for the construction of the Central Avenue Safety Improvements. Major quantities for the Work include: Item Remove Concrete Sidewalk Quantit SF Unit 23,600 Common Excavation P CY 1,400 Aggregate Base P CY 1,250 Bituminous Mixture Ton 180 Concrete Curb & Gutter LF 850 Concrete Walk 4" and 6" SF 29,500 8" Concrete Driveway_ Pavement SY 750 Lighting Units & Light Foundations EA 38 Underground Wire LF 44,000 Handholes EA 12 Lighting Control System LS 1 Sign Panels Type C SF 290 Organic Topsoil Borrow CY 800 Sodding, Type Mineral SY 1,500 Bids shall be on the form provided for that purpose and according to the Bidding Requirements prepared by Short Elliott Hendrickson Inc. (SEH®) dated April 28, 2017. The Issuing Office for the Bidding Documents is: Short Elliott Hendrickson Inc. located at 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196, Scott Haupt - 651.490.2000. The Bidding Documents may be viewed for no cost at http: / /www.sehinc.com by selecting the Project Bid Information link at the bottom of the page and the View Plans option from the menu at the top of the selected project page. Digital image copies of the Bidding Documents are available at http: / /www.sehinc.com for a fee of $30. These documents may be downloaded by selecting this project from the PROJECT BID INFORMATION link and by entering eBidDocTm Number 5182736 on the SEARCH PROJECTS page. For assistance and free membership registration, contact QuestCDN at 952.233.1632 or infoCa guestcdn.com. Paper copies of the Bidding Documents may be obtained from Docunet Corp. located at 2435 Xenium Lane North, Plymouth, MN 55441 (763.475.9600) for a fee of $100.00. Bid security in the amount of 5 percent of the Bid must accompany each Bid in accordance with the Proposal Guaranty requirements listed on Form 21126D in the Proposal. A Contractor responding to these Bidding Documents must submit to the City /Owner a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in Minnesota Statutes, section 16C.285, subdivision 3. 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. Advertisement for Bids COLHT 139409 0011 13-1 READ CAREFULLY THE WAGE SCALES AND DIVISION A OF THE SPECIAL PROVISIONS AS THEY AFFECT THIS/THESE PROJECT /PROJECTS The Minnesota Department of Transportation hereby notifies all bidders in accordance with Title VI of the Civil Rights Act of 1964 (Act), as amended and Title 49, Code of Federal Regulations, Subtitle A Part 21, Non - discrimination in Federally- assisted programs of the Department of Transportation, it will affirmatively assure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded maximum opportunity to participate and /or to submit bids in response to this invitation, and will not be discriminated against on the grounds of race, color, disability, age, religion, sex or national origin in consideration for an award; in accordance with Title VI of the Civil Rights Act of 1964 as amended, and Title 23, Code of Federal Regulations, Part 230 Subpart A -Equal Employment Opportunity on Federal and Federal -Aid Construction Contracts (including supportive services), it will affirmatively assure increased participation of minority groups and disadvantaged persons and women in all phases of the highway construction industry, and that on any project constructed pursuant to this advertisement equal employment opportunity will be provided to all persons without regard to their race, color, disability, age, religion, sex or national origin; in accordance with the Minnesota Human Rights Act, Minnesota Statute 363A.08 Unfair discriminatory Practices, it will affirmatively assure that on any project constructed pursuant to this advertisement equal employment opportunity will be offered to all persons without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; in accordance with the Minnesota Human Rights Act, Minnesota Statute 363A.36 Certificates of Compliance for Public Contracts, and 363A.37 Rules for Certificates of Compliance, it will assure that appropriate parties to any contract entered into pursuant to this advertisement possess valid Certificates of Compliance. If you are not a current holder of a compliance certificate issued by the Minnesota Department of Human Rights and intend to bid on any job in this advertisement you must contact the Department of Human Rights immediately for assistance in obtaining a certificate. The following notice from the Minnesota Department of Human Rights applies to all contractors: "It is hereby agreed between the parties that Minnesota Statute, section 363A.36 and Minnesota Rules, parts 5000.3400 to 5000.3600 are incorporated into any contract between these parties based on this specification or any modification of it. A copy of Minnesota Statute 363A.36 and Minnesota Rules, parts 5000.3400 to 5000.3600 is available upon request from the contracting agency." "It is hereby agreed between the parties that this agency will require affirmative action requirements be met by contractors in relation to Minnesota Statute 363A.36 and Minnesota Rules 5000.3600. Failure by a contractor to implement an affirmative action plan or make a good faith effort shall result in revocation of its certificate or revocation of the contract (Minnesota Statute 363A.36, Subd. 2 and 3)." A minimum goal of 21.0% Good Faith Effort to be subcontracted to Disadvantaged Business Enterprises. Bids shall be directed to the City Manager, securely sealed and endorsed upon the outside wrapper, "BID FOR CENTRAL AVENUE SAFETY IMPROVEMENTS, S.P. 113 - 010 - 022." The City reserves the right to reject any and all Bids, to waive irregularities and informalities therein and to award the Contract in the best interests of the City. Walter Fehst City Manager Columbia Heights, Minnesota Advertisement for Bids 0011 13-2 COLHT 139409 According to the advertisement of City of Columbia Heights inviting proposals for the improvement of the section of highway hereinbefore named, and in conformity with the Contract, Plans, Specifications and Special Provisions pertaining thereto, all on file in the office of the (Auditor/Clerk) of City of Columbia Heights: (1)(We) hereby certify that (I am) (we are) the only person(s) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation at all; that an examination has been made of the site of the work and the Contract form, with the Plans, Specifications and Special Provisions for the improvement. (1)(We) understand that the quantities of work shown herein are approximate only and are subject to increase or decrease; that all quantities of work, whether increased or decreased within the limits specified in MnDOT 1903 and 1402, are to be done at the unit prices shown on the attached schedule; that, at the time of opening bids, totals only will be read, but that comparison of bids will be based on the correct summation of item totals obtained from the unit prices bid, as provided in MnDOT 1301. (1)(We) propose to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified, in the manner and at the time prescribed, all according to the terms of the Contract and Plans, Specifications, and the Special Provisions forming a part of this. (1)(We) further propose to do all Extra Work that may be required to complete the contemplated improvement, at unit prices or lump sums to be agreed upon in writing before starting such work, or if such prices or sums cannot be agreed upon, to do such work on a Force Account basis, as provided in MnDOT 1904. (1)(We) further propose to execute the form of Contract within 10 days after receiving written notice of award, as provided in MnDOT 1306. (1)(We) further propose to furnish a Payment Bond and a Performance Bond each equal to the Contract Amount as required by MN Statute § 574.26, as security for the construction and completion of the improvement according to the Plans, Specifications and Special Provisions as provided in MnDOT 1305. (1)(We) further propose to do all work according to the Plans, Specifications and Special Provisions, and to renew or repair any work that may be rejected due to defective materials or workmanship, before completion and acceptance of the Project by City of Columbia Heights. (1)(We) agree to all provisions of Minnesota Statutes, Section 181.59. (1)(We) further propose to begin work and to prosecute and complete the same according to the time schedule set forth in the Special Provisions for the improvement. (1)(We) assign to City of Columbia Heights all claims for overcharges as to goods and materials purchased in connection with this Project resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. This clause also applies to subcontractors and first tier suppliers under this Contract. IM Bid Rigging To report bid rigging activities call: � * The U.S. Department of Transportation (DOT) operates the above toll - free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. (a) Definitions. As used in this clause, "Agency ", as defined in 5 U.S.C. 552(f), includes Federal Executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S. C. 9101(1). "Covered Federal action" means any of the following Federal actions: (1) The awarding of any Federal contract; (2) The making of any Federal grant; (3) The making of any Federal loan; (4) The entering into of any cooperative agreement; and, (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, load, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency" includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under title 5, U.S. Code, including a position under a temporary appointment; (2) A member of the uniformed services as defined in section 101(3). title 37, U.S. Code; (3) A special Government employee as defined in section 202, title 18, U.S. Code; and, (4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, U.S. Code appendix 2. Page 1 of 6 "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. "Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. "Recipient" includes all contractors and subcontractors at any tier in connection with a Federal contract. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi- State, regional, or interstate entity having governmental duties and powers. (b) Prohibition. (1) Section 1352 of title 31, U.S. Code provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) The prohibition does not apply as follows: (i) Agency and legislative liaison by Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (1) of this section, does not apply in the case of a payment of reasonable Page 2 of 6 compensation made to an officer or employee of a person requesting or receiving a Federal activities not directly related to a covered Federal action. (B) For purposes of paragraph (A) of this section, providing any information specifically requested by an agency or Congress is allowable at any time. (C) For purposes of paragraph (A) of this section, the following agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action: (i) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and, (ii) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (D) For purposes of paragraph (A) of this section, the following agency and legislative liaison activities are allowable only where they are prior to formal solicitation of any covered Federal action: (i) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (ii) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and, (iii) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95 -507 and other subsequent amendments. (E) Only those activities expressly authorized by paragraph (i) of this section are allowable under paragraph (i). (ii) Professional and Technical Services by Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (1) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract or an extension, continuation, renewal, amendment, or modification of a Federal contract if payment is for professional of technical services rendered directly in the preparation submission, or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. (B) For purposes of paragraph (A) of this section, "professional and technical services" shall be limited to advice and analysis directly Page 3 of 6 applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer), or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services, Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (D) Only those services expressly authorized by paragraph (ii) of this section are allowable under paragraph (ii). (iii) Reporting for Own Employees. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. (iv) Professional and technical services by Other than Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (1) of this section, does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. Page 4 of 6 (B) For purposes of paragraph (A) of this section, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (D) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (E) Only those services expressly authorized by paragraph (iv) of this section are allowable under paragraph (iv). (c) Disclosure. (1) Each person who requests or receives from an agency a Federal contract shall file with that agency a certification, set forth in , that the person has not made, and will not make, any payment prohibited by paragraph (b) of this clause. (2) Each person who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, Standard Form -LLL, "Disclosure of Lobbying Activities," if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (b) of this clause if paid for with appropriated funds. Page 5 of 6 (3) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraph (2) of this section. An event that materially affects the accuracy of this information reported includes: (i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (4) Any person who requests or receives from a person referred to in paragraph (1) of this section a subcontract exceeding $100,000 at any tier under a Federal contract shall file a certification, and a disclosure form, if required, to the next tier above. (5) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraph (1) of this section. That person shall forward all disclosure forms to the agency. (d) Agreement. In accepting any contract resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 of each such expenditure. (2) Any person who fails to file or amend the disclosure form to be filed or amended if required by this clause, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 or each such failure. (3) Contractors may rely without liability on the representations made by their subcontractors in the certification and disclosure form. (f) Cost allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 or the Federal Acquisition Regulation. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of Part 31 of the Federal Acquisition Regulation. (End of Clause) BILLING CODE 3110 -01 -M Page 6 of 6 By signing and submitting this proposal, the prospective primary bidder is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why he/she cannot provide the certification set out below. Certification or explanation will be considered concerning the City of Columbia Heights's determination whether to enter this transaction. Failure of the prospective primary participant to furnish a certification or a written explanation why he/she cannot provide the certification shall disqualify such people from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the City of Columbia Heights decided to enter this transaction. If it is later decided that the prospective primary participant knowingly rendered an erroneous certification, beyond other remedies available to the Federal Government, the City of Columbia Heights may end this transaction for cause of default. The prospective primary participant shall provide immediate written notice to the City of Columbia Heights if any time the prospective primary participant learns that his/her certification was erroneous when submitted or has become erroneous due to changed circumstances. The terms covered transaction, debarred, suspended, ineligible, 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 Definition and Coverage sections of the rules carrying out Federal Executive Order 12549 dated February 18, 1986. Bidders may contact MnDOT for assistance in obtaining a copy of these regulations. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered, he/she shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, declared in-eligible, or voluntarily excluded from participation in this covered transaction unless authorized by the City of Columbia Heights and MnDOT. Nothing contained in this shall be construed to require establishment of system of records to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The prospective primary participant further agrees by submitting this proposal that he/she will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction" provided by MnDOT without modification in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that he/she and his/her principals are not de-barred, suspended, in- eligible, or voluntarily excluded, from the covered transaction by any Federal agency, unless he/she knows that the certification is erroneous. A participant may decide the method and frequency by which he/she decides the eligibility of his/her principals. Except as authorized by MnDOT, if a participant in a covered transaction knowingly enters a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, beyond other remedies available to the Federal Government, the City of Columbia Heights may end this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1)(We) certify that the firm or any person associated with it in the capacity of owner, partner, director, officer, project director, manager auditor, or any position involving the administration of Federal funds: are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntary excluded from covered transactions by any Federal department or agency; have not within the three-year period preceding this proposal been convicted of or had a civil judgment rendered for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; or violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements; or receiving stolen property; are not presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the above-enumerated offenses; have not within a three-year period preceding this application/proposal had one or more transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this proposal. (1)(We) agree that (my)(our) signatures on this proposal form certification of "status" under penalty of perjury under the laws of the United States. Rev. 11/29/99 lip III! 1 • 294KOITJ:3 The following defines the United States Department of Labor's interpretation of contract labor provision coverage for employees who work for traffic control companies and /or perform traffic control duties. . 0 a • - -• •. a ---- Employees of bona fide "Material Persons/Suppliers" are not covered. A Material Person/Supplier is limited to supply, delivery, and routine maintenance (once a week) of barricades, cones, flashers, etc. to the job site. The following functions, except as qualified in "6." below, do not come under the prevailing wage requirements of the contracts: Supply and delivery of traffic control devices such as barricades, cones, barrels, flashers and signboards. 2. Routine and periodic maintenance service (usually once a week). 3. Removal of equipment from job site. 4. In connection with delivery, they may drop the equipment at a central stockpile location or at various locations along the project. Employees of company may set-up the equipment as long as such set-up is by dropping barrels and cones from the back of a moving truck. 5. Maintenance would consist of inspecting and cleaning the equipment, replacing broken or lost equipment, replacing barricades knocked down or out of line, and changing light bulbs and barricades. 6. If an employee spends more than 20% of their workweek performing the above duties on a Davis-Bacon (Federal-Aid) project or other Davis-Bacon (Federal-Aid) projects, prevailing wage rates would apply for the time so spent. Rev. 11 /29/99 The following functions are covered under the contract labor provisions. Any contractor performing these duties will need to be listed on a Request to Sublet form and their employees performing the duties will need to be listed on a Certified Payroll form and submitted following the appropriate procedures. Related and continuing traffic control services such as, but not limited to: 1. Moving barricades and barriers as construction work progresses. 2. Moving barricades for lane closures and changes. 3. Painting traffic lines. 4. Sandblasting to remove traffic lines. 5. Applying and removing traffic tape. 6. Setting up barrels or barricades other than those dropped from the back of a moving truck. 7. Digging postholes to erect temporary warning signs (only). 8. Erection of advance temporary warning signs. 9. Placing temporary signboards. On Federal-aid Projects (only) when there is no appropriate classification listed under either the state or federal wage determinations, a classification wage rate will be negotiated using the procedures under FHWA 1273, REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS, Part IV. PAYMENT OF PREDERTERMINED MINIMUM WAGE, Subp. 2. Classifications. Page 2of 2 NOTICE TO BIDDERS SUSPENSIONS /DEBARMENTS November 15, 2016 Page I of 4 1 • 1' NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective September 17, 2014 until September 17, 2017: • Jeffrey Plzak and his affiliates, Loretto, MN • Laurie Plzak and her affiliates, Loretto, MN • Honda Electric Incorporated and its affiliates, Loretto, MN • Fibertech, Inc. and its affiliates, Loretto, MN • Jeffrey and Laurie Plzak doing business as Honda Electric Logistics, and its affiliates, Loretto, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective January 12, 2015 until January 12, 2018: • Marlin Dahl, Granada, MN • Dahl Trucking, Elmore, MN • Elmore Truck and Trailer, Inc., Elmore, MN Minnesota Statute section 161.315 prohibits the Commissioner, counties, towns, or home rule or statutory cities from awarding or approving the award of a contract for goods or services to a person who is suspended or debarred, including: 1) any contract under which a debarred or suspended person will serve as a subcontractor or material supplier, 2) any business or affiliate which the debarred or suspended person exercises substantial influence or control, and 3) 3) any business or entity, which is sold or transferred by a debarred person to a relative or any other party over whose actions the debarred person exercises substantial influence or control, remains ineligible during the duration of the seller's or transfer's debarment. NOTICE TO BIDDERS SUSPENSION S /DEBARMENTS November 15, 2016 Page 2 of 4 As of the date of this notice and in accordance with Minnesota Rules 1230.1150, the Minnesota Department of Administration has debarred and disqualified the following persons and businesses from entering into or receiving a State of Minnesota contract: NAME DATE OF SUSPENSION Ace Hydro Seeding, Inc. August 30, 2016 through March 1, 2017 Crystal VanMuyden 909 Central Avenue North #125 Park Rapids, MN 56470 -1290 Asphalt Recycling Solutions, Inc. May 24, 2016 through November 24, 2016 Donald Wesley Johnson 2068 Homestead Ave. Oakdale, MN 55128 -5330 Devos, Ltd. d/b /a Guaranteed Returns December 5, 2014 through December 31, 2099 Dean Volkes, Donna Fallon & Ronald Carlino 100 Colin Drive Holbrook, NY Wide Open Services, LLC March 30, 2016 through September 30, 2016 Steve Mittelstaedt 6938 Highway 169 Virginia, MN 55792 NAME DATE OF DEBARMENT Best Electric May 22, 2015 through May 21, 2018 Thomas Clifton and Earl Standafer (eligible for reinstatement on May 21, 2019) 9909 S. Shore Drive #155 Plymouth, MN 55441 Best Used Trucks of Minnesota, Inc. Nov. 20, 2012 through Nov. 20, 2015 Jason W. Leas (eligible for reinstatement on Nov. 20, 2016) 635 Marin Avenue Crookston MN 56716 C & S Electric, Inc. May 22, 2015 through May 21, 2018 Thomas Clifton and Earl Standafer (eligible for reinstatement on May 21, 2019) 9909 S. Shore Drive #155 Plymouth, MN 55441 Dahl Trucking Aug. 19, 2014 through January 12, 2018 Marlin Dahl 305 Highway 169 South Elmore, MN 56027 Elmore Truck and Trailer Repair, Inc. Aug. 19, 2014 through Jan. 12, 2018 Marlin Dahl (eligible for reinstatement on Jan. 12, 2019) 305 Highway 169 South Elmore, MN 56027 Fibertech, Inc. July 24, 2014 through July 23, 2017 Jeffrey and Laurie Plzak (eligible for reinstatement on July 23, 2018) 5075 Nielsen Circle, P.O. Box 236 Loretto, MN 55357 Glacier, Inc. May 24, 2016 through November 24, 2016 Joan Niesen 122 Summerfield Drive, PO Box 216 Waverly, MN 55390 NOTICE TO BIDDERS SUSPENSIONS /DEBARMENTS November 15, 2016 Page 3 of 4 Groundscape Maintenance, Inc. February 19, 2015 through February 19, 2016 Rob Sievers (eligible for reinstatement February 19, 2017) 1160 County Road 83 Maple Plain, MN 55359 Guaranteed Returns December 5, 2014 through December 31, 2099 Ronald Carlino, Donna Fallon, Dean Volkes 100 Colin Drive Holbrook, NY 11741 Honda Electric, Inc. July 24, 2014 through July 23, 2017 Jeffrey and Laurie Plzak (eligible for reinstatement on July 23, 2018) 5075 Nielsen Circle, P.O. Box 236 Loretto, MN 55357 Hunt's Carpet Service, Inc.' Sept. 15, 2015 through Sept. 15, 2020 Robert and Joni Hunt 4102 46th Avenue North Robbinsdale, MN 55422 McCaa, Webster & Associates, Inc. May 1, 2014 through April 30, 2015 Sammie McCaa (eligible for reinstatement on April 30, 2016) 2751 Hennepin Avenue South, #301 Minneapolis, MN 55408 -1002 MG Carlson Construction Company, Inc. Sept. 5, 2014 through October 5, 2015 Martin Gerald Carlson (eligible for reinstatement on April 5, 2016) 701 East First Street Fort Worth, TX 76102 -3276 Ocuture, LLC Dec. 15, 2014 through Dec. 15, 2015 11930 Camby Park Drive (eligible for reinstatement Dec. 15, 2016) Houston, TX 77047 Ramco Heating and Air Conditioning March 11, 2015 through March 11, 2016 Mark and Cheryl Ramquist (eligible for reinstatement March 11, 2017) 605 Ash Street Downing, WI 54734 Southwest Paving, Inc. March 30, 2016 through March 30, 2017 Greg Brakefield (eligible for reinstatement March 30, 2018) 26412 State Highway 29 Deer Creek, MN 56527 St. Cloud Lawn & Landscaping, Inc. February 20, 2015 through February 20, 2016 Pat Murphy (eligible for reinstatement on Feb. 20, 2017) 10602 County Road 2 Brainerd, MN 56401 TAC Construction Solutions, Inc. August 19, 2014 through August 19, 2016 Christina Woods (eligible for reinstatement on August 19, 2017) 31767 Deacons Way Pequot Lakes, MN 56472 Watab Hauling Co. Jan. 14, 2013 through Jan. 14, 2016 Gary Francis Bauerly (eligible for reinstatement on Jan. 14, 2017) 9695 Deerwood Rd. NE Rice, MN 56367 Minnesota Administrative Rule part 1230.1150, subpart 6 requires the Materials Management Division to maintain a master list of all suspensions and debarments. The master list must retain all information concerning suspensions and debarments as a public record for at least three (3) years following the end of a suspension or debarment. Refer to the following website for the master list: btt : / /wwNv, nmd. acla nin.state.nsn.us;`debarredi°e OI-t.as . ' Debarred by Hennepin County from working on any Hennepin County projects as a general contractor or subcontractor at any tier. Minn. Rules Part 1230.1150, subpart 2, item 13, subitem (1) provides that any vendor debarred by the federal government, the state of Minnesota, or any of its departments, commissions, agencies, or political subdivisions, is automatically debarred by the (Department of Administration, Materials Management) division under the same terms and limits of the original debarment. NOTICE TO BIDDERS SUSPENSIONS /DEBARMENTS November 15, 2016 Page 4 of 4 If the project is financed in whole or in part with federal funds, refer to the following website for vendors debarred by federal government agencies: late Lhh`sani..P-ov. This list does not include preclusion actions taken by cities, counties or local authorities. Consult local authorities to ensure that contractors, subcontractors and materials suppliers are not currently suspended or debarred. Rev. 12/18/2006 FEDERALLY FUNDED CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION LABOR February 1, 116 It is in the public interest that public buildings and other public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on public works projects be compensated according to the real value of the services they perform.' Therefore, the department shall administer this contract pursuant to the Federal Davis -Bacon and Related Acts, Required Contract Provisions Federal -Aid Construction Contracts, Form -1273, U.S. Department of Labor's Field Operations Handbook, State of Minnesota Statutes and Rules, /DOT's Standard Specifications for Construction, /DOT's Contract Administration Manual and MN/DOT's State Aid Manual. II. DEFINITIONS' A. Contract: The written agreement between the contracting authority and the prime contractor setting forth their obligations, including, but not limited to, the performance of the work, the furnishing of labor and materials, the basis of payment, and other requirements contained in the contract documents. B. Contracting Authority: The political subdivision, governmental body, board, department, commission, or officer making the award and execution of contract as the party of the first part. C. Contractor: The term "contractor" in these provisions shall include the prime contractor, subcontractor, agent, or other person doing or contracting to do all or part of the work under this contract.' D. Department: The Department of Transportation of the State of Minnesota, or the political subdivision, governmental body, board, commission, office, department, division, or agency constituted for administration of the contract work within its jurisdiction. E. First Tier Subcontractor: An individual, firm, corporation, or other entity to which the prime contractor sublets part of the contract. F. Independent Truck Owner /Operator (ITO): An individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the owner's services to an entity that provides construction services to a public works project.`' G. Laborer or Mechanic: A worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications.s 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. 1 Minnesota Statute 177.41 2 MN/DOT Standard Specifications for Construction, Section 1103 3 Minnesota Statute 177.44, Subdivision 1 4 Minnesota Rules 5200.1106, Subpart 7(A) 5 Minnesota Rules 5200.1106, Subpart 5(A) I - A Rev. 12/18/2006 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. 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. SRecifications: 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.b P. Trucking Broker: An individual or business entity, the activities of which include, but are not limited to: contracting to provide trucking services in the construction industry to users of such services, contracting to obtain such services from providers of trucking services, dispatching the providers of the services to do work as required by the users of the services, receiving payment from the users in consideration of the trucking services provided and making payment to the providers for the services.' Q. Trucking Firm/Multiple Truck Owner (MTO): Any business entity that owns more than one vehicle and hires the vehicles out for services to brokers or contractors on public works proj ects.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. A. These provisions shall apply to this contract, which is funded in whole or in part with federal funds9 and state funds.10 B. These provisions shall apply to the prime contractor and all subcontractors contracting to do all or part of the work under this contractor' 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.12 These provisions shall be incorporated into written subcontracts and must be displayed on the poster board. 13 E. The department shall administer this contract in accordance with all applicable federal regulations, state statutes and rules 14, along with the plans, specifications and provisions, which are incorporated into and found elsewhere in this contract. 6 Minnesota Rules 5200.1106, Subpart 5(C) 7 Minnesota Rules 5200.1106, Subpart 7(C) s Minnesota Rules 5200.1106, Subpart 7(B) 9 29 CFR Part 5.5(a) 10 Minnesota Statute 177.41 11 Minnesota Statute 177.44, Subdivision 1 12 29 CFR Part 5.5(a)(6) 13 Minnesota Statute 177.44, Subdivision 5 2 -A Rev. 12/18/2006 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. 15 Therefore, the department shall provide enforcement in a manner consistent with the decision notwithstanding any prior notices on the subject. G. For additional information refer to: www .dot.state.mn.us /const/labor /. N. PAYROLLS AND STATEMENTS A. Each week, in which work was performed under this contract, all contractors shall submit a payroll statement to the department. 16 Each statement shall be submitted within seven days after the regular payment date of the payroll period. l' Each payroll submitted shall include all employees that performed work under this contract and provide at a minimum the following information:18 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. 19 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.20 C. All payroll records must be accompanied with a completed and signed MN/DOT, 21658 - Statement of Compliance Form.21 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.22 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.23 14 Minnesota Rules 8820.3000, Subpart 2 15 Minnesota Court of Appeals Case Number: C6 -97 -1582 16 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section V, Subpart 2(c) " 29 CFR Part 3.4(a) 18 Minnesota Rules 5200.1106, Subpart 10 19 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section V, Subpart 2(c) 20 www .dot.state.mn.us /const/labor/ 21 Minnesota Rules 5200.1106, Subpart 10 22 29 CFR Part 5.5(a)(6) 23 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section V. Subpart 2(a) 3 -A Rev. 12/18/2006 F. At the end of each pay period, each contractor shall provide every employee, in writing, an accurate detailed earnings statement.24 G. Upon request from the U.S. Department of Labor (U.S. DOL), Federal Highway Administration (FHWA), Minnesota Department of Labor and Industry (MN /DLI) or the Department, the prime contractor shall promptly furnish copies of payroll records for its workers and those of all subcontractors, along with other records, deemed appropriate by the requesting agency to determine compliance with these contract provisions.25 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). The program has not been approved for federal - aid contracts administered by local units of government and will not be allowed for such contracts. However, the program may be utilized for local state -aid contracts. 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). A. The prime contractor is responsible to ensure that its workers and those of all subcontractors are compensated according to the U.S. DOL federal general decision(s) and the MN /DLI state prevailing wage determination(s) incorporated into and found elsewhere in this contract, whichever is greater. 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. Federal building, heavy and highway general decisions are specific to the county in which the construction work is being performed; a decision does not cross county or state lines.26 If a project extends into more than one county or state, the applicable wage decision for each county or state shall be incorporated into and found elsewhere in this contract. 2. State highway and heavy wage determinations are specific to ten separate regions throughout the state of Minnesota. If a project extends into more than one region, the applicable wage decision for each region shall be incorporated into and found elsewhere in this contract. a. If this contract contains multiple highway and heavy wage determinations, there shall be only one standard of hours of labor and wage rates.27 3. State commercial wage determinations are specific to the county in which the construction work is being performed. If a project extends into more than one county, the applicable wage determination for each county shall be incorporated into and found elsewhere in this contract. a. If this contract contains multiple commercial wage determinations, there shall be only one standard of hours of labor and wage rates.28 B. Wage rates listed in the federal and /or state wage determination(s) contain two components: the hourly basic rate and the fringe rate; together they equal the total prevailing wage rate. A 24 Minnesota Statute 181.032 25 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 26 29 CFR Part 1.7(a) 27 Minnesota Statute 177.44, Subdivision 4 28 Minnesota Statute 177.44, Subdivision 4 4 -A Rev. 12/18/2006 contractor shall compensate a worker at a minimum, a combination of cash and fringe benefits equaling the total prevailing wage rate. 29 C. The applicable certified wage decisions incorporated into and found elsewhere in this contract remain in effect for the life of this contract. The wage decisions do not necessarily represent the workforce that can be obtained at the rates certified by the U.S. DOL or 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 this 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 U.S. DOL or MN/DLI is less than the worker's normal hourly wage.3o 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.31 1. 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 "32 and shall be compensated in accordance with Subpart B of this section, unless the worker is allowed or required to leave the project site. F. 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 . 31 G. 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.34 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.35 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.36 C. Credit toward the total prevailing wage rate shall be determined for each individual employee and is allowed for bona fide fringe benefits that:37 1. include contributions irrevocably made by a contractor on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program; 29 Minnesota Statute 177.42, Subdivision 6 30 Minnesota Statute 181.03, Subdivision 1(2) 31 Minnesota Rules 5200.0120, Subpart 1 32 Minnesota Rules 5200.0120, Subpart 2 33 Minnesota Rules 5200.1106, Subpart 6 J4 Minnesota Statute 177.44, Subdivision 6 3s 29 CFR Parts 5.26 and 5.27 36 29 CFR Part 5.28 37 29 CFR Part 5.23 5 -A Rev. 12/18/2006 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. 38 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. 39 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. G. Contractors shall submit a completed and signed MN/DOT, 21658 - Statement of Compliance Form, identifying any fringe contributions made on behalf of a worker.40 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). e ' A. A contractor shall not permit or require a worker to work in excess of 40 hours per week unless the worker is compensated at a rate not less than 1 -1/2 times the basic hourly rate as determined by the United States Secretary of Labor. al B. A contractor shall not permit or require a worker to work longer than the prevailing hours of labor unless the worker is paid for all hours in excess of the prevailing hours at a rate of at least 1 -1/2 times the hourly basic hourly rate of pay. 42 The prevailing hours of labor is defined as not more than 8 hours per day or more than 40 hours per week.43 C. In addition to the requirements set forth in Subparts A and B 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. A. All contractors shall refer to the federal general decision or the state wage determination incorporated into and found elsewhere in this contract to obtain an applicable job classification. Workers must be classified and compensated for the actual work performed regardless of the worker's skill level.aa The prime contractor shall ensure that all contractors adhere to the following requirements: " 29 CFR Part 5.290 39 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 40 Minnesota Rules 5200.1106, Subpart 10 41 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 7 42 Minnesota Statute 177.44, Subdivision 1 43 Minnesota Statute 177.42, Subdivision 4 44 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 1(a) 6 -A Rev. 12/18/2006 1. Prior to performing work under this contract, all contractors shall review the federal general decision and complete a U.S. DOL, SF -1444 - Request for Authorization of Additional Classification and Wage Rate Form for any labor classification missing from the decision and submit it to the MN/DOT Labor Compliance Unit for processing.45 2. 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 ".46 Contractors should refer to the Master Job Classification List47 to obtain an applicable labor classification. Clarification regarding labor classifications should be directed to the MN/DLI or the MN /DOT Labor Compliance Unit. A. An independent contractor performing work as a laborer or mechanic is subject to the contract prevailing wage requirements48 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.49 B. Pursuant with state regulations, owners, supervisors and foreman performing work under the contract50 shall be compensated in accordance with section V (WAGE TES). 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). C. Pursuant with federal regulations, the contract labor provisions do not apply to owners, supervisors or foreman whose duties are primarily associated with bona fide administrative, executive or clerical positions. These individuals are not deemed to be laborers or mechanics." 1. However, working owners, supervisors and /or foreman who devote more than 20 percent of their time during a workweek to laborer or mechanic duties are considered laborers or mechanics for the time so spent and are subject to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). ..� - A. An apprentice is not subject to the federal and /or state wage decisions incorporated into and found elsewhere in this contract, provided the contractor can demonstrate compliance with Subparts (1 - 4) of this section: 52 1. The apprentice is performing the work of his /her trade. 2. The apprentice is registered with the U.S. DOL Bureau of Apprenticeship and Training or MN /DLI Division of Voluntary Apprenticeship. 3. The apprentice is compensated according to the rate specified in the program for the level of progress. 45 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 2 46 Minnesota Statute 177.44, Subdivision 1 47 Minnesota Rules 5200.1100 48 29 CFR Part 5.2(o) and Minnesota Statute 177.41 49 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 so Minnesota Statute 177.44, Subdivision 1 " 29 CFR Part 5.2(m) 52 Minnesota Rules 5200.1070 7 -A Rev. 12/18/2006 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.53 B. A trainee is not subject to the federal general decision incorporated into and found elsewhere in this contract, provided the contractor can demonstrate compliance with Subparts (1- 4) of this section: 54 1. The trainee is performing the work of his /her trade. 2. The trainee is registered with the U.S. DOL Employment and Training Administration. 3. The trainee is compensated according to the rate specified in the program for the level of progress. 4. The ratio of trainees to journeyman workers on the project is not greater than the ratio permitted under the program. 5. All hours worked in excess of the prescribed hours allowed under the program and /or this contract shall be paid at the journeyman wage rate incorporated into and found elsewhere in this contract. 6. A trainee is not exempt under state law; the contractor shall assign the trainee a job classification that is the "same or most similar ,55 and compensate the trainee for the actual work performed regardless of the trainee's skill level, unless the trainee is:56 a. employed and registered in a bona -fide apprenticeship program; or b. employed in the first 90 days of probationary employment as an apprentice, is not registered in the apprenticeship program, but has been certified by the proper government authorities to be eligible for probationary employment as an apprentice. C. A helper may perform work only if the helper classification is specified and defined in the federal general decision incorporated into and found elsewhere in this contract or is approved pursuant to the federal conformance procedure: 57 1. A helper is not exempt understate law; a contractor shall assign the helper a job classification that is the "same or most similar "58 and compensate the helper for the actual work performed regardless of the helper's skill level.59 D. If a contractor fails to demonstrate compliance with the terms established in Subparts A - C of this section, the contractor shall compensate the worker not less than the applicable total prevailing wage rate for the actual work performed.60 A. If the prime contractor intends to sublet any portion of this contract, it shall complete and submit a MN/DOT, TP- 21834, Request To Sublet Form to the project engineer 10 days prior to the first day of work for any subcontractor. B. The prime contractor shall not subcontract any portion of this contract without prior written consent from the project engineer. 53 MN/DOLI Division of Apprenticeship — April 6, 1995 Memorandum from Jerry Briggs, Director 54 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 4(b) 55 Minnesota Statute 177.44, Subdivision 1 56 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 1(a) 57 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 4(c) 58 Minnesota Statute 177.44, Subdivision 1 59 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 1(a) 60 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 4(a)(b)(c) 61 MN /DOT Standard Specifications for Construction, Section 1801 8 -A Rev. 12/18/2006 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.61 A. The prime contractor shall construct and display a poster board, which contains all required posters, is legible and is accessible to all workers from the first day of work until the project is 100 percent complete.63 The prime contractor is not allowed to place a poster board at an off -site location. 1. 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 (federal -aid) and the quantity needed. A. At any time the prime contractor shall permit representatives from the U.S. DOL, FHWA, MN/DLI, or the Department to interview its workers and those of any subcontractor during working hours on the project.64 A. The prime contractor is responsible to ensure that its workers and those of all subcontractors are compensated in accordance with the federal wage decision 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 an immediately adjacent, dedicated off -site facility" 2. The hauling of any or all stockpiled or excavated materials on the project work site to other locations on the same project.bb B. The prime contractor is responsible to ensure that its workers and those of all subcontractors, are compensated in accordance with the state wage determination 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. 67 62 Minnesota Statute 161.315, Subdivision 3(3) 63 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 1(a) 64 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section V, Subpart 2(g) 6s 29 CFR Part 5.2(1)(2) 66 29 CFR Part 5.20)(1) 67 AL7 Findings of Fact, Conclusions of Law, and Recommendation, Conclusions (7), Case 412- 3000 - 11993 -2 9 -A Rev. 12/18/2006 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. 61 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.69 4. The delivery of materials from a non - commercial establishment to the project and the return haul.70 5. The delivery of materials from another construction project site to the public works project and the return haul, either empty or loaded. Construction projects are not considered commercial establishments." 6. The hauling required to remove any materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment.'? 7. The delivery of mineral aggregate materials from a commercial establishment, which is deposited "substantially in place" and the return haul, either empty or loaded.73 C. The work duties prescribed in Subpart A (1 - 2) and Subpart B (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 this contract labor provisions. D. 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, 74 which are incorporated into and found elsewhere in this contract. 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 .75 The specifications regarding the dates for submission can be found near the bottom of the /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.76 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). 69 Minnesota Rules 5200.1106, Subpart 313(2) 69 Minnesota Rules 5200.1106, Subpart 313(1) 70 Minnesota Rules 5200.1106, Subpart 313(2) 71 Minnesota Rules 5200.1106, Subpart 313(3) 72 Minnesota Rules 5200.1106, Subpart 313(4) 73 Minnesota Rules 5200.1106, Subpart 313(5)(6) 74 Minnesota Rules 5200.1106, Subpart 1 75 Minnesota Rules 5200.1106, Subpart 10 76 Minnesota Rules 5200.1106, Subpart 7(C) 10 -A Rev. 12/18/2006 KXTT tl Is 111 :: f A. No worker under the age of 18 is allowed to perform work on construction projects." B. In accordance with state law, a worker under the age of 18, employed in a corporation totally owned by one or both parents that is supervised by the parent(s), may perform work on construction projects.7 8 However, if this contractor is subject to the federal Fair Labor Standards Act, a worker under the age of 18 is not allowed to perform work in a hazardous occupation.79 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 age80 and compliance with all applicable federal and /or state regulations.$' 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. 82 B. If it is determined that a contractor has violated federal and /or state prevailing wage laws, or any portion of this contract, the department may implement, after written notice, one or more of the following sanctions: 1. Withhold or cause to be withheld from the prime contractor under this contract, or any other federally funded contract with the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay workers employed by the prime contractor or any subcontractor the full amount of wages required by this contract. 83 2. 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. 14 3. 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.85 4. 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. 86 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.87 D. All required documents and certification reports are legal documents; willful falsification of the documents may result in civil action and /or criminal prosecution 88 and may be grounds for debarment proceedings.89 77 Minnesota Rules 5200.0910, Subpart F 78 Minnesota Rules 5200.0930, Subpart 4 79 29 CFR Part 570.2(a)(ii) 80 Minnesota Statute 181A.06, Subdivision 4 81 MN/DOT Standard Specifications for Construction, Section 1701 82 MN /DOT Standard Specifications for Construction, Section 1801 83 Required Contract Provisions Federal -Aid Construction Contracts Form -1273, Section IV, Subpart 6 84 MN/DOT Standard Specifications for Construction, Section 1906 85 Minnesota Statute 161.32, Subdivision 1(d) 86 MN/DOT Standard Specifications for Construction, Section 1808 87 Minnesota Statute 177.44, Subdivision 6 88 Minnesota Statutes 1613, 161.315, Subdivision 2, 177.43, Subdivision 5 177.44, Subdivision 6, 609.63 89 Minnesota Statute 161.315 Il - A General Decision Number: MN170010 01/06/2017 MN10 Superseded General Decision Number: MN20160010 State: Minnesota Construction Type: Highway Counties: Anoka, Carver, Chisago, Dakota, Hennepin, Ramsey, Scott and Washington Counties in Minnesota. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 0 SUMN2016-009 05/01/2014 Rates Fringes BRICKLAYER .......................$ 35.70 18.13 CARPENTER ........................$ 37.46 17.78 CEMENT MASON /CONCRETE FINISHER... $ 35.54 17.57 ELECTRICIAN Electrician .................$ 40.47 26.04 Ground Person ...............$ 28.26 13.92 Lineman .....................$ 42.18 17.82 Wiring System Installer ..... $ 25.84 12.02 Wiring System Technician .... $ 36.90 14.43 IRONWORKER .......................$ 35.40 23.45 LABORER Blaster .....................$ 32.95 17.49 Common or General ........... $ 29.95 17.49 Flag Person .................$ 29.95 17.49 Landscape ...................$ 21.17 13.99 Skilled .....................$ 29.95 17.49 Traffic Control Person ...... $ 29.95 17.49 Underground & Open Ditch (8 ft below grade) .......... $ 30.65 17.49 MILLWRIGHT .......................$ 33.93 20.23 PAINTER (Including Pavement Marking ) .........................$ 33.57 20.12 PILEDRIVERMAN ....................$ 37.46 17.78 POWER EQUIPMENT OPERATOR: GROUP 2 .....................$ 34.39 18.90 GROUP 3 .....................$ 33.84 18.90 GROUP 4 .....................$ 33.54 18.90 GROUP 5 .....................$ 30.50 18.90 GROUP 6 .....................$ 29.29 18.90 Special Equipment Articulated Hauler ......... $ 31.77 17.20 Boom Truck .................$ 33.54 18.90 Landscaping Equipment (includes hydro seeder or mulcher, sod roller, farm tractor with attachment spcifically seeding, sodding or plant, and two- framed forklift (excluding front, posit - track, and skid steer loaders), no earthwork or grading for elevations) .... $ 21.17 13.99 Off -Road Truck .............$ 33.54 18.90 Pavement Marking or Marking Removal Equipment (one or two person operators); Self - Propelled Truck or Trailer Mounted Units ...... $ 32.04 18.26 OPERATING ENGINEER CLASSIFICATIONS GROUP 2: Helicopter Pilot; Concrete Pump; Cranes over 135 ft boom excluding jib; Dragline, Crawler, Hydraulic Backhoe and other similar equpment with shovel -type controls including attachments 3 cu yd & over; Grader or Motor Patrol; Pile Driving GROUP 3: Asphalt Bituminous Stabilizer Plant; Cableway; Concrete Mixer, Stationary Plant; Derrick (guy or stiff leg)(power)(skids or stationary); Dragline, Crawler, Hydraulic Backhoe and other similar equpment with shovel -type controls including attachments up to 3 cu yd; Dredge or Engineers Dredge (Power); Front end loader 5 cu yd & over including attachments; Locomotive Crane Operator; Mixer (paving) concrete paving, Road Mole including Mucking operations, Conway or similar type; Mechanic, Welder; Tractor, Boom type. Tandem Scraper; Truck Crane, Crawler Crane. GROUP 4: Air Track Rock Drill; Automatic Road Machine CMI or similar; Backfiller; Concrete Batch Plant; Bituminous Roller Rubber Tire or Steel Drum 8 tons & over; Bituminous Spreader & Finishing Machine (power), including pavers, Macro Surfacing & Micro Surfacing or similar types (Operator & Screed person); Brokk or RTC remote control or similar type with attachments; Cat Challenger Tractor or similar types pulling Rock Wagons; Bulldozer & Scraper; Chip Harvester & Tree Cutter; Concrete Distributor & Spreader Finishing Machine, Longitudinal Float, Joint Machine, Spray Machine; Concrete Mixer on jobsite; Concrete Mobil; Crusing Plant (gravel, stone) or Gravel Washing, Crushing & Screening Plant; Curb Machine; Directional Boring Machine; Drill Rigs, Heavy Rotary or Churn or Cable Drill; Dual Tractor; Elevating Grader; Fork Lift; Front End, Skid Steer 1 to 5 cu yd; GPS Remote Operating of equpment; Hoist Engineer (power); Hydraulic Tree Planter; Launcher Person; Locomotive; Milling, Grinding, Planing, Fine Grade, or Trimmer Machine; Multiple Machines such as Air Comressors, Welding Machines, Generators, Pumps; Pavement Breaker or Tamping Machine, Mighty Mite or similar type; Pickup Sweeper 1 cu yd & over hopper capacity; Horizontal Boring Machine power actuated over 6 inches; Pugmill; Pumperete; Rubber Tired Farm Tractor with Backhoe attachment; Scraper; Self - Propelled Soil Stabilizer; Slip Form (power driven) paving; Tractor, Bulldozer; Wheel type Tractor over 50 hp with PTO; Trenching Machine excludes walk behind Trencher; Tub Grinder, Morbark or similar type; Well Point installation or Dismantling. GROUP 5: Air Compressor 600 cfm or over; Bituminous Roller under 8 tons; Concrete Saw multiple blade; Form Tench Digger (power); Front End Skid Steer up to 1 cu yd; Gunite Gunall; Hydraulic Log Splitter; Loader, Barber Greene or similar; Post Hole Driving Machine/Post Hole Auger; Power Actuated Auger & Boring Machine; Power Actuated Jack; Pump; Self-Propelled Chip Spreader (Flaherty or similar); Sheep Foot Compactor with blade 200 hp & over; Shouldering Machine (Power) APSCO or similar type including self-propelled Sand and Chip Spreader; Stump Chipper and Tree Chipper; Tree Farmer (Machine). GROUP 6: Cat, Challenger or siliar tractor when pulling Disk or Roller; Conveyor; Dredge Deck Hand; Fire Person or Tank Car Heater; Gravel Screening Plant (portable, not crushing or washing); Greaser (tractor); Lever Person; Oiler (Power Shovel, Truck Crane, Dragline, Crusher and Milling Mazchine; Power Sweeper; Sheep Foot Roller & Rollers on Gravel Compaction including vibrating rollers; Wheel type Tractor over 50 hp. TRUCK DRIVER GROUP 1 .....................$ 30.55 15.20 GROUP 2 .....................$ 30.00 15.20 GROUP 3 .....................$ 29.90 15.20 GROUP 4 .....................$ 29.65 15.20 TRUCK DRIVER CLASSIFICATIONS: GROUP 1: Mechanic, Welder; Tractor Trailer; Truck hauling machinery including operation of hand and power operated winches. GROUP 2: Four or more axle unit straight body truck. GROUP 3: Bituminouos Distributor driver; Bituminous Distributor (one person operation); Three Axle units. GROUP 4: Bituminous Distributor Spray operator (rear and oiler); Dump Person; Greaser; Pilot Car; Rubber Tire self - propelled Packer under 8 tons; Two Axle unit; Slurry Operator; Tank Truck Tender (gas, road oil, water); Tractor under 50 hp. Tunnel Miner .....................$ 30.65 17.49 ---------------------------------------------------------- - - - - -- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health - related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health- related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov /whd /govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Minnesota Statutes that require prompt payment to subcontractors: 471.425 Prompt payment of local government bills. Subd. 1. Definitions. For the purposes of this section, the following terms have the meanings here given them. (d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the metropolitan council or any board or agency created under chapter 473. Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. HIST: 1985 c 136 s 5; 1995 c 31 s 1 TV t'TfTLX1'T7r-rTTTXT1T7KT7 FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE WN-.1239MBEEM Counties within region: • ANOKA-02 *CARVER-10 • CHISAGO-13 • DAKOTA-19 • HENNEPIN-27 • RAMSEY-62 • SCOTT-70 • WASHINGTON-82 Effective: 2016-11-07 Revised: 2017-05-30 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building MS650 John Ireland Blvd St. Paul, MN 55155 (651) 366-4209 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284-5091 DLI.PrevWage2sjats.ma.us 05/30/2017 LABORERS (101 - 112) (SPECIAL CRAFTS 701 - 730) 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT JOURNEYMAN) 103 LABORER, .,D OD LAYER D NURSERY OPERATOR) 104 FLAG PERSON ffi 107 PIPELAYER (WATER, SEWER AND GAS) 108 TUNNEL MINER 2016 -11 -07 30.00 17.44 47.44 2016 -11 -07 29.95 17.49 47.44 2016 -11 -07 21.17 13.99 35.16 2016-11-07 30.00 17.44 47.44 2016 -11 -07 26.60 2016 -11 -07 22.08 2016 -11 -07 32.50 2016 -11 -07 30.70 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT 2016 -11 -07 30.70 FEET BELOW STARTING GRADE LEVEL) 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 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. 16.89 43.49 6.87 28.95 17.44 49.94 17.44 48.14 17.44 48.14 2016 -11 -07 30.00 17.44 47.44 111 TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 2016 -11 -07 30.00 17.44 47.44 05/30/2017 2 112 QUALITY CONTROL TESTER (FIELD AND COVERED OFF -SITE FACILITIES; TESTING OF AGGREGATE, ASPHALT, AND CONCRETE MATERIALS); LIMITED TO MN DOT HIGHWAY AND HEAVY CONSTRUCTION PROJECTS WHERE THE MN DOT HAS RETAINED QUALITY ASSURANCE PROFESSIONALS TO REVIEW AND INTERPRET THE RESULTS OF QUALITY CONTROL TESTERS. SERVICES PROVIDED BY THE CONTRACTOR. 1''1111 liijpj�� gill! all 1111,11 1111 ii 11010 201 ARTICULATED HAULER f f 0 ' 203 LANDSCAPING SEEDER O. MULCHER, OD ROLLER, TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO-FRAMED FORKLIFT (EXCLUDING r POSIT-TRACK, SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS 205 PAVEMENT MARKING OR MARKING REMOVAL EQUIPMENT (ONE OR PERSON OPERATORS); SELF-PROPELLED 2016 -11 -07 16.28 4.07 20.35 2016 -11 -07 33.54 18.90 52.44 2017 -05 -01 33.74 19.70 53.44 2016 -11 -07 33.54 18.90 52.44 2017 -05 -01 33.74 19.70 53.44 2016 -11 -07 21.17 13.99 35.16 2016 -11 -07 33.54 18.90 52.44 2017 -05 -01 33.74 19.70 53.44 2016 -11 -07 31.45 17.95 49.40 2016 -11 -07 34.39 2017 -05 -01 34.59 18.90 53.29 19.70 54.29 9 302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY) 303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY) 304 ALL CRANES WITH OVER 135 -FOOT BOOM, EXCLUDING JIB (HIGHWAY AND HEAVY ONLY) 305 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND /OR OTHER SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURERS RATED CAPACITY INCLUDING ALL ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 306 GRADER OR MOTOR PATROL 307 PILE DRIVING (HIGHWAY AND HEAVY ONLY) 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP 3 2016 -11 -07 33.84 18.90 52.74 2017 -05 -01 34.04 19.70 53.74 �a � . . 310 CABLEWAY 311 CONCRETE MIXER, STATIONARY PLANT (HIGHWAY AND HEAVY ONLY) 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 313 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND /OR SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER 315 FRONT END LOADER, FIVE CUBIC YARDS AND OVER INCLUDING ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 316 LOCOMOTIVE CRANE OPERATOR 317 MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING MUCKING OPERATIONS, CONWAY OR SIMILAR TYPE 318 MECHANIC. WELDER ON POWER EQUIPMENT (HIGHWAY AND HEAVY ONLY) 319 TRACTOR. BOOM TYPE (HIGHWAY AND HEAVY ONLY) 320 TANDEM SCRAPER 321 TRUCK CRANE. CRAWLER CRANE (HIGHWAY AND HEAVY ONLY) 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP 4 2016 -11 -07 33.54 18.90 52.44 2017 -05 -01 33.74 19.70 53.44 323 AIR TRACK ROCK DRILL 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR 05/30/2017 4 6 CONCRETE BATCH PLANT OPERATOR (HIGHWAY ♦ , HEAVY ROLLERS, 327 BITUMINOUS ;; OR STEEL DRUMMED (EIGHT TONS AND OVER) SURFACING 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACR O. SIMILAR (OPERATOR AND SCREED PERSO 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS I 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS 331 CHIP HARVESTER AND TREE CUTTER 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE 333 CONCRETE MIXER ON JOBSITE (HIGHWAY AND HEAVY ONLY) 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT 336 CURB MACHINE 337 DIRECTIONAL BORING MACHINE 338 DOPE MACHINE (PIPELINE) 339 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL (HIGHWAY AND HEAVY ONLY) 340 DUAL TRACTOR 341 ELEVATING GRADER 342 FORK LIFT OR STRADDLE CARRIER (HIGHWAY AND HEAVY ONLY) 343 FORK LIFT OR LUMBER STACKER (HIGHWAY AND HEAVY ONLY) 344 FRONT END, SKID STEER OVER 1 TO 5 C YD 345 GPS REMOTE OPERATING OF EQUIPMENT 346 HOIST ENGINEER (POWER) (HIGHWAY AND HEAVY ONLY) 347 HYDRAULIC TREE PLANTER 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE 351 MULTIPLE MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES, GENERATORS, PUMPS (HIGHWAY AND HEAVY ONLY) 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE 353 PICKUP SWEEPER, ONE CUBIC YARD AND OVER HOPPER CAPACITY(HIGHWAY AND HEAVY ONLY) 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE 355 POWER PLANT ENGINEER, 100 KWH AND OVER (HIGHWAY AND HEAVY ONLY) 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES 05/30/2017 5 357 PUGMILL 358 PUMPCRETE (HIGHWAY AND HEAVY ONLY) 359 RUBBER -TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER 361 SELF - PROPELLED SOIL STABILIZER 362 SLIP FORM (POWER DRIVEN) (PAVING) 363 TIE TAMPER AND BALLAST MACHINE 364 TRACTOR, BULLDOZER (HIGHWAY AND HEAVY ONLY) 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 366 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE 368 WELL POINT DISMANTLING OR INSTALLATION (HIGHWAY AND HEAVY ONLY) GROUP 5 2016 -11 -07 30.50 18.90 49.40 2016 -11 -07 30.50 18.90 49.40 2017 -05 -01 30.70 19.70 50.40 369 AIR COMPRESSOR, 600 CFM OR OVER (HIGHWAY AND HEAVY ONLY) 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) 372 FORM TRENCH DIGGER (POWER) 373 FRONT END, SKID STEER UP TO 1C YD 374 GUNITE GUNALL (HIGHWAY AND HEAVY ONLY) 375 HYDRAULIC LOG SPLITTER 376 LOADER (BARBER GREENE OR SIMILAR TYPE) 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER 378 POWER ACTUATED AUGER AND BORING MACHINE 379 POWER ACTUATED JACK 380 PUMP (HIGHWAY AND HEAVY ONLY) 381 SELF- PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) 382 SHEEP FOOT COMPACTOR WITH BLADE. 200 H.P. AND OVER 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF - PROPELLED SAND AND CHIP SPREADER 384 STUMP CHIPPER AND TREE CHIPPER 385 TREE FARMER (MACHINE) 05/30/2017 6 GROUP 6 2016 -11 -07 29.29 18.90 48.19 2017 -05 -01 29.49 19.70 49.19 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER 388 CONVEYOR (HIGHWAY AND HEAVY ONLY) 389 DREDGE DECK HAND 390 FIRE PERSON OR TANK CAR HEATER (HIGHWAY AND HEAVY ONLY) 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) 392 GREASER (TRACTOR) (HIGHWAY AND HEAVY ONLY) 393 LEVER PERSON 394 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING MACHINES, OR OTHER SIMILAR HEAVY EQUIPMENT) (HIGHWAY AND HEAVY ONLY) 395 POWER SWEEPER 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING 2016 -11 -07 30.10 15.65 45.75 2017 -05 -01 30.65 16.60 47.25 601 MECHANIC. WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2016 -11 -07 29.55 15.65 45.20 2017 -05 -01 30.10 16.60 46.70 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 2016 -11 -07 28.95 14.80 43.75 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 2016 -11 -07 28.95 14.80 43.75 05/30/2017 7 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 609 DUMP PERSON 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER-TIRED, SELF-PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. SPECIAL CRAFTS 701 HEATING AND FROST INSULATORS 702 BOILERMAKERS 704 CARPENTERS 705 CARPET LAYERS (LINOLEUM) 706 CEMENT MASONS 707 ELECTRICIANS 711 GROUND PERSON ffvllfflTslmffl�.� 713 LINEMAN 714 MILLWRIGHT 05/30/2017 2016-11-07 42.90 22.05 64.95 2017-06-01 43.90 23.05 66.95 2016-11-07 35.15 27.02 62.17 2016-11-07 36.05 19.68 55.73 2016-11-07 36.85 18.39 55.24 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PRLV WAGE @STATE.M 2016-11-07 36.65 18.07 54.72 2016-11-07 39.62 26.89 66.51 2017-05-01 40.93 27.43 68.36 2016-11-07 35.22 16.68 51.90 2016-11-07 36.00 24.90 60.90 2016-11-07 42.18 17.82 60.00 2016-11-07 35.13 21.03 56.16 2017-05-01 37.08 21.03 58.11 715 PAINTERS (INCLUDING HAND BRUSHED, HAND 2016-11-07 34.13 18.56 52.69 SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR 2016-11-07 36.85 18.39 55.24 EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 717 PIPEFITTERS. STEAMFITTERS 2016-11-07 43.35 25.54 68.89 2017-05-01 45.45 25.54 70.99 719 PLUMBERS 2016-11-07 44.01 21.94 65.95 2017-05-01 46.01 21.94 67.95 721 SHEET METAL WORKERS 2016-11-07 40.88 25.10 65.98 723 TERRAZZO WORKERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE@STATE.MN.US 724 TILE SETTERS 2016-11-07 29.65 22.44 52.09 725 TILE FINISHERS FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 727 WIRING SYSTEM TECHNICIAN 2016-11-07 10.00 0.00 10.00 728 WIRING SYSTEMS INSTALLER 2016-11-07 25.84 12.40 38.24 2017-07-01 26.49 12.40 38.89 729 ASBESTOS ABATEMENT WORKER 2016-11-07 30.08 16.46 46.54 730 SIGN ERECTOR FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREVWAGE @ STATE.MN.US 05/30/2017 9 05/30/2017 10 NOTICE OF CERTIFICATION OF TRUCK RENTAL RATES AND EFFECTIVE DATE PURSUANT T091 MINNESOTA RULES, PART 5200.1105 From April 6, 2015, to June 5, 2015, the Department of Labor and Industry (DLI) conducted a truck operational cost survey. On January 25, 2016, the Commissioner of DLI certified the minimum truck rental rates for highway projects in the state's ten highway and heavy construction areas for trucks and drivers operating "four or more axle units, straight body trucks," "three axle units," "tractor only" and "tractor trailers." The certification followed publication of the Notice of Determination of Truck Rental Rates in the State Register on November 16, 2015, and the informal conference held pursuant to Minnesota Rules, part 5200.1105 on December 3, 2015. According to Minnesota Rules, part 5200.1105, the purpose of the informal conference is for DLI to obtain further input regarding the proposed rates before the rates are certified. Approximately 8 individuals attended the informal conference. None of the attendees at the informal conference commented on the Determination of the Construction Truck Rental Rates or contacted the department with comments regarding the rates prior to the date of this Certification. Truck rental rates are determined by adding the certified prevailing wage driver rate in each region to the statewide operating cost survey data. The minimum hourly truck rental rate for the four types of trucks in each area is certified to be as follows: Axle Units Effective Date Certified 607 Driver Rate Surveyed Operating Cost Determined Truck Rental Rate Region 1 Certification date $40.60 $37.35 $77.95 Region 2 Certification date $34.26 $37.35 $71.61 Region 3 Certification date $36.91 $37.35 $74.26 May 1, 2016 $38.36 $37.35 $75.71 Region 4 Certification date $40.63 $37.35 $77.98 Region 5 Certification date $43.65 $37.35 $81.00 May 1, 2016 $44.85 $37.35 $82.20 Region 6 Certification date $41.45 $37.35 $78.80 May 1, 2016 $42.90 $37.35 $80.25 Region 7 Certification date $36.91 $37.35 $74.26 May 1, 2016 $38.36 $37.35 $75.71 Region 8 Certification date $13.77 $37.35 $51.12 Region 9 Certification date $43.65 $37.35 $81.00 May 1, 2016 $45.10 $37.35 $82.45 Region 10 Certification date $13.77 $37.35 $51.12 Tractor Effective Date Certified 604 Driver Rate Surveyed Operating Cost Determined Truck Rental Rate Region 1 Certification date $40.70 $50.82 $91.52 Region 2 Certification date $37.06 $50.82 $87.88 May 1, 2016 $38.51 $50.82 $89.33 Region 3 Certification date $37.06 $50.82 $87.88 $49.17 May 1, 2016 $38.51 $50.82 $89.33 Region 4 Certification date $23.88 $50.82 $74.70 Region 5 Certification date $28.17 $50.82 $78.99 Region 6 Certification date $41.55 $50.82 $92.37 $24.45 May 1, 2016 $43.00 $50.82 $93.82 Region 7 Certification date $37.40 $50.82 $88.22 Region 8 Certification date $16.32 $50.82 $67.14 Region 9 Certification date $43.75 $50.82 $94.57 May 1, 2016 $45.20 $50.82 $96.02 Region 10 Certification date $16.02 $50.82 $66.84 Tractor Effective Date Certified 602 Driver Rate Surveyed Operating Cost Determined Tractor Only Truck Rental Rate Plus Trailer Operating Cost Determined Tractor Trailer Rental Rate Region 1 Certification date $43.90 $49.17 $93.07 $11.46 $104.53 May 1, 2016 $45.35 $49.17 $94.52 $11.46 $105.98 Region 2 Certification date $37.57 $49.17 $86.74 $11.46 $98.20 May 1, 2016 $39.02 $49.17 $88.19 $11.46 $99.65 Region 3 Certification date $27.10 $49.17 $76.27 $11.46 $87.73 Region 4 Certification date $24.45 $49.17 $73.62 $11.46 $85.08 Region 5 Certification date $26.27 $49.17 $75.44 $11.461 $86.90 Region 6 Certification date $39.45 $49.17 $88.62 $11.46 $100.08 Region 7 Certification date $27.55 $49.17 $76.72 $11.46 $88.18 Region 8 Certification date $37.57 $49.17 $86.74 $11.46 $98.20 May 1, 2016 $39.02 $49.17 $88.19 $11.46 $99.65 Region 9 Certification date $44.30 $49.17 $93.47 $11.46 $104.93 May 1, 2016 $45.75 $49.17 $94.92 $11.46 $106.38 Region 10 Certification date $24.50 $49.17 $73.67 $11.46 $85.13 The minimum truck rental rate for these four types of trucks in the state's ten highway and heavy construction areas will be effective for all highway and heavy construction projects financed in whole or part with state funds advertised for bid on or after the day the notice of certification is published in the State Register. �. COMMISSIONER r ' s I hereby certify that the following Special Provisions (with the exception of the following sections: (1404) Maintenance of Traffic and Traffic Control, (1707) Public Convenience and Safety, and (2563) Alternate Pedestrian Route) were 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. Scott Haupt, PE Lic. No. 46603 Date 04/28/2017 I hereby certify that the following Special Provisions for Maintenance of Traffic and Traffic Control, Public Convenience and Safety, and Alternate Pedestrian Route were 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. P it Mark Wagner, Lic. No. 51660 Date 04/28/2017 SPECIAL PROVISIONS -SJ20}6 BOOK Created August 20,20I5 Last Revision byCO Special Provisions: O3/0l/l7 Page S.P. 113-010-022 mom SP2016# ITEM# DATA PAGE 8'1 CONTACT INFORMATION ----------------------------------------.l 3P2016-|-------------------------------------------------------'l B-1 --------------------------------------/ S-3 COMPLIANCE WITH TAX LAW REQUIREMENTS ---------------------------1 8-4 EMERALD ASH BORER COMPLIANCE ---------------------------------2 8-5 USE 0P ADHESIVE ANCHORS .................................................................................................................. 2 S920|6-lO ..................................................................................................................................................................... 2 S-6 (]}08) DEFINITIONS --------------------------------------------2 8P20l6-l4.| ......................................................................................... — ..................................................................... 2 S-7 (l203) ACCESS T0 PROPOSAL PACKAGE ............................................................................................... 3 8-8 (1206) PREPARATION 0F PROPOSAL ...................................................................................................... 3 S-0 (l2V9) DELIVERY 0F PROPOSALS ............................................................................................................ 3 S-|O (|2|0) REVISION 0F PROPOSAL PACKAGE 0B WITHDRAWAL 0F PROPOSALS ........................... 4 B']l (|2l2) OPENING OF PROPOSALS .............................................................................................................. 4 8-12 (1404) MAINTENANCE OF TRAFFIC AND (2563) TRAFFIC CONTROL .............................................. 4 SP2Ol6-l8 ............................................................. ....................................................................................................... 4 S-13 (}5O7) UTILITY PROPERTY AND SERVICE ........................................................................................... l4 SP2O}6-2l ................... ......................................................................................................... ............................ ....... l4 B-14 (1508) CONSTRUCTION STAKES, LINES, AND GRADES .................................................................... ]4 BP2Ol6-22- MODIFIED ............................................................................................................................................. |4 S-15 (1514) MAINTENANCE DURING CONSTRUCTION .............................................................................. /5 BP2O]6-27 .......................................................................................... ................. ...................................................... l5 S-16 (l60l) SOURCE 0FSUPPLY AND QUALITY ......................................................................................... ]5 5-17 (|602) NATURAL MATERIAL SOURCES ................................................................................................ )6 3y20l6-3y ................................................................................................................................................................... |6 S-18 (l7Ol)— LAWS T0DE OBSERVED —CARGO PREFERENCE ACT; USE 0FUNITED SVESSELS ....................................................................................................... l6 S'ly (1707) PUBLIC CONVENIENCE AND SAFETY ...................................................................................... |7 Sp2Olh-7- MODIFIED ............................................................................................................................................. |7 S-20 (1714) RESPONSIBILITY FOR DAMAGE CLAIMS ................................................................................ {7 3-21 (1716) 8 RESPONSIBILITY FOR WORK ...................................................................... |7 8-22 (l7l7) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NpDB8) PERMIT ........... )7 8-23 (1718) FURNISHING ---------------------------------'ly S-24 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROLACT ................................................................................................................................ 2O SY20/6-43 .......................................................................................................................................... ........................ 2O SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page ii S.P. 113 -010 -022 S -25 (1801) SUBLETTING OF CONTRACT ......................................................................... .............................20 S -26 (1802) TRAINING FOR CONSTRUCTION TRUCK OPERATORS ............................ .............................20 SP2016 -46 .................................................................................................................................... ............................... 20 S -27 (1803) PROSECUTION OF WORK (ADA) ................................................................... .............................21 S -28 (1806) DETERMINATION AND EXTENSION OF CONTRACT TIME ..................... .............................24 SP2016 -5 0 .................................................................................................................................... ............................... 24 S -29 (1807) FAILURE TO COMPLETE THE WORK ON TIME .......................................... .............................25 SP2016 -52 .................................................................................................................................... ............................... 25 S -30 (1910) COST ESCALATION .......................................................................................... .............................25 SP2016 -53 .................................................................................................................................... ............................... 25 S -31 (2011) AS- BUILTS .......................................................................................................... .............................25 SP2016 -56 - MODIFIED ................................................................................................................ .............................25 S -32 (203 1) FIELD OFFICE — TYPE D MODIFIED .............................................................. .............................26 SP2016 -61 - MODIFIED ................................................................................................................ .............................26 S -33 (203 1) FIELD OFFICE — BROADBAND SERVICES ................................................... .............................27 SP2016 -62 - MODIFIED ................................................................................................................ .............................27 S -34 (2104) REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES ............ .............................28 S -35 (2123) STREET SWEEPER (WITH PICKUP BROOM) ................................................ .............................28 S -36 (2211) AGGREGATE BASE ........................................................................................... .............................28 S -37 (2301) DRILL AND GROUT REINFORCEMENT BAR (EPDXY COATED) ............. .............................28 SP2016 -116 .................................................................................................................................. ............................... 28 S -38 (2357) BITUMINOUS TACK COAT .............................................................................. .............................29 SP2016 -134 - MODIFIED .............................................................................................................. .............................29 S -39 (2360) PLANT MIXED ASPHALT PAVEMENT (LOCAL AGENCY) ( MSCR) ......... .............................29 S -40 (2461) STRUCTURAL CONCRETE .............................................................................. .............................32 S -41 (2471) STRUCTURAL METALS ................................................................................... .............................52 S -42 (2504) ADJUST VALVE BOX ........................................................................................ .............................54 SP2016 -175 - MODIFIED .............................................................................................................. .............................54 S -43 (2506) RECONSTRUCT DRAINAGE STRUCTURE .................................................... .............................54 S -44 (2521) 5" CONCRETE WALK - SPECIAL ...................................................................... .............................54 S -45 (253 1) CONCRETE CURB AND GUTTER ( ADA) ....................................................... .............................55 SP2016 -187 — MODIFIED ............................................................................................................. .............................55 S -46 (2531) 8" CONCRETE DRIVEWAY PAVEMENT ....................................................... .............................55 S -47 (253 1) TRUNCATED DOMES ....................................................................................... .............................56 SP2016 -189 - MODIFIED .............................................................................................................. .............................56 S -48 (2563) ALTERNATE PEDESTRIAN ROUTE ............................................................... .............................56 SP2016 -232 .................................................................................................................................. ............................... 56 S -49 (2565) ADJUST HANDHOLES ...................................................................................... .............................58 S -50 (2573) STORM WATER MANAGEMENT .................................................................... .............................58 SP2016 -243 .................................................................................................................................. ............................... 58 S -51 (2573) EROSION CONTROL SUPERVISOR ................................................................ .............................59 S -52 (2575) ESTABLISHING TURF AND CONTROLLING EROSION .............................. .............................59 SP2016 -245 .................................................................................................................................. ............................... 59 Created August 20, 2015 Page iii S.P. 113-010-022 S-53 (2582) PAVEMENT MARKING SPECIAL ...................................................................................... ......... 60 B-54 (3|O5) BAGGED PORTLAND CEMENT CONCRETE PATCHING MIX GRADE 3Dl8AND 3U|8M ....................................................... ............................................................. ......................... 6l S-55 (3l26) FINE AGGREGATE FOR PORTLAND CEMENT CONCRETE ................................................... 63 S-56 (3]3l) INTERMEDIATE AGGREGATE FOR PORTLAND CEMENT CONCRETE ..................... ........ 6j 8-7 (3137) COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE ............................................ 67 S'8 (315 1) BITUMINOUS MATERIAL (MSCD) ........................ ..................................................................... 67 S-y (3906) WATER FOR CONCRETE AND MORTAR ................................................................................... 68 8+68 FINAL ESTIMATE AND FINAL PAYMENT ............................................................................................ 60 8P2Ol6-2j7 ............................................ .................................................................................................................... 69 Created August 20, 2015 Page 1 S.P. 113-010-022 S -1 CONTACT INFORMATION REVISED 12/02/16 SP2016 -1 Direct questions about this Project, including pre -bid questions, to (Scott Haupt, SEH) at (651.490.2055 and shaupt @sehinc.com). REVISED 06/04/15 The City of Columbia Heights (City) cannot award a construction contract in excess of $50,000 unless the Bidder is a "responsible contractor" as defined in Minnesota Statutes §16C.285, subdivision 3. A Bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in that statute by submitting the "Responsible Contractor Verification and Certification of Compliance" form. A company owner or officer must sign the "Responsible Contractor Verification and Certification of Compliance" form under oath verifying compliance with each of the minimum criteria. THE COMPLETED FORMS MUST BE SUMITTED WITH THE BID PROPOSAL. A bidder must obtain a verification from each subcontractor it will have a direct contractual relationship with. At the City's request, a bidder must submit signed subcontractor verifications. A contractor or subcontractor must obtain an annual verification from each motor carrier it has a direct contractual relationship with. A motor carrier must give immediate written notice if it no longer meets the minimum responsible contractor criteria. The requirement for subcontractor verifications does not apply to: Design professionals licensed under Minnesota Statutes §326.06; and A business or person that supplies materials, equipment, or supplies to a subcontractor on the Project, including performing delivering and unloading services in connection with the supply of materials, equipment, and supplies. But, a business or person must submit a verification if it delivers mineral aggregate such as sand, gravel, or stone that will be incorporated into the Work by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. A bidder or subcontractor who does not meet the minimum criteria specified in the statute, or who fails to verify compliance with the criteria, is not a "responsible contractor" and is ineligible to be awarded the Contract for this Project or to work on this Project. Submitting a false verification makes the bidder or subcontractor ineligible to be awarded a construction contract for this Project. Additionally, submitting a false statement may lead to contract termination. If only one bidder submits a bid, the City may, but is not required to, award a contract even if that bidder does not meet the minimum criteria. The City cannot make final payment to the Contractor until the Contractor demonstrates that it and all its subcontractors have complied with the Income Tax withholding requirements of Minnesota Statutes, section 290.92 for wages paid for work performed under the contract. To establish compliance, the Contractor must submit a "Contractor Affidavit" either online or in paper form (IC 134) to the Minnesota Department of Revenue. The contractor will receive written certification of compliance when the Department of Revenue determines that all withholding tax returns have been filed and all withholding taxes attributable to the work performed on the contract have been paid. The Contractor must then provide this written certification to the City to receive final payment. Every subcontractor working on the Project must submit an approved "Contractor Affidavit" from the Minnesota Department of Revenue to the Contractor before the Contractor can file its own Contractor Affidavit. The Contractor is advised to obtain the certification from each subcontractor as soon as the subcontractor completes work on the Project. Experience has shown that waiting until the project is complete to obtain the forms from all subcontractors is likely to result in significant additional work for the Contractor as it will be difficult or impossible to collect all forms. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 2 S.P. 113 - 010 -022 The Department of Revenue, in association with the Department of Employment and Economic Development, offers a free seminar to help contractors understand tax law requirements. The City strongly urges the Contractor and all subcontractors to attend the "Employment Taxes & Employer Responsibilities Seminar" or similarly offered classes. You can find a schedule and more information on the Department's website at: www.revenue. state.mn.us/ businesses /withholdin u/ Pages /EducationandOutreach.aspx. Complying with this requirement is considered part of the Work under this contract. The City will enforce this requirement equally with all other Contract requirements. Contractor delay in complying with this requirement will cause the City to delay final payment and Contract Acceptance. The City may also report non- compliance to the Department of Revenue, which may result in enforcement action by the Department of Revenue. EMERALD ASH BORER REVISED 01/08/16 All or part of this Project is located in a county which the Minnesota Department of Agriculture (MDA) has placed under an Emerald Ash Borer Quarantine. Contractor may contact MDA at 1- 888 -545 -6684 or visit the Emerald Ash Borer website at hgp://www,mda.state.mn.us/plants/pestmanagement/eab.aspx to find more information. The Contractor must comply with the following requirements. S -4.1 The Contractor will not: (1) Offer any part of an Ash tree (Fraxinus spp.) from a quarantined area to any industry or individual without an Emerald Ash Borer Compliance Agreement with MDA; or (2) Make available any part of an ash tree or any non - coniferous (hardwood) species with bark from the quarantined area for use as firewood; or (3) Transport any part of an ash trees, in any form, outside of a quarantined county without complying with an Emerald Ash Borer Compliance Agreement with MDA; or (4) Transport any part of ash trees, in any form, outside the state of MN without contacting John. o.haanstad @aphis.usda.gov to obtain the United States Department of Agriculture's and the MDA's joint approval of the Emerald Ash Borer Compliance Agreement. S -4.2 The Contractor will: (1) Dispose of ash trees according to the Emerald Ash Borer Compliance Agreement; and (2) Use the ash wood chips within the construction limits for erosion control, construction exit pads, or other project related needs. S -4.3 The City will not directly compensate the Contractor for compliance with these requirements. S -5 USE OF ADHESIVE ANCHORS SP2016 -10 Do not use adhesive anchors in sustained tension. Contractor may use adhesive anchors, in a non- direct tensile application, such as metal rail attachment. S -6 (1103) DEFINITIONS NEW WRITEUP 03./01/16 SP2016 -14.1 The provisions of MnDOT 1103 are supplemented as follows: S -6.1 The following definition is added to MnDOT 1103: Unit Day. 12:00 AM to 11:59 PM (0000 -2359) or any portion thereof. MnDOT 1203 is hereby deleted from the MnDOT Standard Specifications. The provisions of MnDOT 1206 are supplemented and/or modified with the following: S -8.1 MnDOT 1206.1 is hereby deleted from the MnDOT Standard Specifications. S -8.2 MnDOT 1206.2 is hereby deleted from the MnDOT Standard Specifications and replaced with the following: 1206.2 ALLOWABLE SUBSTITUTIONS For all Proposals the Bidder shall use the following method: (1) Submit a Proposal on the Bid Schedule forms provided by the City. The Bidder shall: (1.1) Submit a Unit Price in numeric figures for each Pay Item for which a quantity is shown. Assume a numeric quantity of "1" for each "Lump Sum" Pay Item, except as not required in the case of alternate Pay Items, (1.2) Show the extensions resulting from Unit Prices multiplied by the shown quantities in the specified column, and (1.3) Add the extended Pay Item amounts to show the total amount of the Proposal. The Bidder shall write the figures in ink or provide typed or computer printed figures. In the case of a discrepancy between a Unit Price and extension in a Proposal, the Unit Price will govern. If a Bidder fails to provide a Unit Price for any Pay Item on the Bid Schedule, except for "Lump Sum" Pay Items, the City will reject the Proposal. If a Pay Item in the Proposal requires the Bidder to choose an alternate Pay Item, the Bidder shall indicate its choice in accordance with the Specifications for that Pay Item. An authorized representative of the Bidder must sign the Proposal. The provisions of MnDOT 1209 are modified with the following: When submitting a Proposal in accordance with 1206.2, "Allowable Substitutions," of these Special Provisions, the Bidder shall deliver the Proposal and the Proposal Guaranty in a sealed envelope. The Bidder shall mark the sealed envelope with the name of the Bidder, the Project number, and the letting date. The Bidder shall deliver the sealed envelope to the City as specified in the Advertisement for Bids as follows: (1) To the address specified, (2) In care of the official receiving the Proposals, and (3) By the date and time for opening Proposals. The Bidder shall return paper copies of the following with the submitted Proposal: (1) Proposal title sheet; (2) The complete "Schedule of Prices," with all changes made in ink and initialed; SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 4 S.P. 113- 010 -022 (3) Form 21126D, "Proposal Signature Page" attached to the back of the Proposal, with signatures and all Addenda acknowledged; (4) Form CM 32 -34, "EEO Clause;" (5) Non- collusion affidavit; and (6) Any other forms included in the Proposal Package. If the City receives a Proposal after the date and time for opening Proposals, the City will return the Proposal to the Bidder unopened. 1 1 REVISION PROPOSAL PACKAGE OR WITHDRAWAL PROPOSALS The provisions of MnDOT 1210 are deleted and replaced with the following: When submitting a Proposal in accordance with 1206.2, "Allowable Substitutions," of these Special Provisions, the Bidder may revise or withdraw its Proposal after delivery to the City if the City receives the Bidder's written request for withdrawal or revision before the date and time for opening Proposals. The City reserves the right to revise the Proposal Package at any time before the date and time for opening Proposals. The City will issue a numbered and dated Addendum for any revision of the Proposal Package. The City will post each Addendum as announced in an e -mail or other method of notification to each Bidder on the City's list of Bidders. The City will include each Addendum with all Proposal Forms issued to the Bidder after the date of the Addendum. If revisions made by an Addendum require change to Proposals or reconsideration by the Bidder, the City may postpone opening Proposals. If the City postpones opening Proposals, the City will specify the new date and time for opening Proposals in the Addendum. The Bidder shall acknowledge receipt of each Addendum in the proposal. The provisions of MnDOT 1212 are modified with the following: MnDOT 1212 is hereby deleted from the MnDOT Standard Specifications and replaced with the following: 1212 OPENING OF PROPOSALS The City will open Proposals at the time, date, and place defined in the Proposal Package and the Advertisement for Bids. S -12 (1404) MAINTENANCE OF TRAFFIC AND (2563) TRAFFIC CONTROL REVISED 02/07/17 SP2016 -18 All traffic control devices shall conform and be installed in accordance to: • the "Minnesota Manual on Uniform Traffic Control Devices" (MN MUTCD); • Part 6, "Field Manual for Temporary Traffic Control Zone Layouts" (Field Manual); • the Speed Limits in Work Zones Guideline • the Minnesota Flagging Handbook; • the MnDOT Standard Signs and Markings Manual; SPECL4L PROVISIONS - SP2016 ROOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 5 S.P. 113- 010 -022 And the provisions of MnDOT 1404 and 1710, the Plan, and these Special Provisions. The Contractor shall furnish, install, maintain, and remove all traffic control devices required to provide safe movement of vehicular and/or pedestrian traffic passing through the work zone during the life of the Contract from the start of Contract operations to the final completion thereof. The Engineer will have the right to modify the requirements for traffic control as deemed necessary due to existing field conditions. Traffic control devices include, but are not limited to, barricades, warning signs, trailers, flashers, cones, drums, pavement markings and flaggers as required and sufficient barricade weights to maintain barricade stability. The Contractor is advised of the changes to the Prevailing Wage Coverage as noted in the Notice to Bidders — Traffic Control Prevailing Wage Coverage contained in the front of this Proposal. S -12.1 TRAFFIC CONTROL (A) If traffic control layouts are not present in the Plan, or if the Contractor modifies the layout or sequence from the Plan, the Contractor shall submit the proposed traffic control layout to the Engineer, for approval, at least seven (7) days prior to the start of construction. The Contractor does not need to submit layouts that can be found in the Field Manual. All other layouts that are not found in the plan or Field Manual shall be submitted. At least 24 hours prior to placement, all traffic control devices shall be available on the Project for inspection by the Engineer. The Contractor shall modify his /her proposed traffic control layout and/or devices as deemed necessary by the Engineer. (B) The Contractor shall be responsible for the immediate repair or replacement of all traffic control devices that become damaged, moved or destroyed, of all lights that cease to function properly, and of all barricade ballasts that are damaged, destroyed, or otherwise fail to stabilize the barricades. The Contractor shall further provide sufficient surveillance of all traffic control devices at least once every 24 hours. The Contractor shall furnish names, addresses, and phone numbers of at least three (3) individuals responsible for the placement and maintenance of traffic control devices. At least one of these individuals shall be "on call" 24 hours per day, seven days per week during the times any traffic control devices, furnished and installed by the Contractor, are in place. The required information shall be submitted to the Engineer at the Pre - construction Conference. The Contractor shall also furnish the names, addresses, and phone numbers of those individuals to the following: 1. Columbia Heights Public Works Department (763) 706 -3600 2. Columbia Heights Department (763) 706 -3600 3. Columbia Heights Fire Department (763) 706 -3600 4. City Clerk (Katie Bruno) (763) 706 -3611 The Contractor shall, at the pre - construction conference, designate a Work Zone Safety Coordinator who shall be responsible for safety and traffic control management in the Project work zone. The Work Zone Safety Coordinator shall be either an employee of the Contractor such as a superintendent or a foreman, or an employee of a firm which has a subcontract for overall work zone safety and traffic control management for the Project. The responsibilities of the Work Zone Safety Coordinator shall include, but not be limited to: Coordinating all work zone traffic control operations of the Project, including those of the Contractor, subcontractors and suppliers. Establishing contact with local school district, government, law enforcement, and emergency response agencies affected by construction before work begins. Maintaining a record of all known crashes within a work zone. This record should include all available information, such as: time of day, probable cause, location, pictures, SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 6 S.P. 113 - 010 -022 sketches, weather conditions, interferences to traffic, etc. These records shall be made available to the Engineer upon request. (C) The Contractor shall inspect, on a daily basis, all traffic control devices, which the Contractor has furnished and installed, and verify that the devices are placed in accordance with the Traffic Control Layouts, these Special Provisions, and/or the MN MUTCD. Any discrepancy between the placement and the required placement shall be immediately corrected. The Contractor shall be required to respond immediately to any call from the Engineer or his designated representative concerning any request for improving or correcting traffic control devices. If the Contractor is negligent in correcting the deficiency within one hour of notification the Contractor shall be subject to an hourly charge assessed at a rate of $250.00 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. The Contractor is required to meet the traffic control device quality standards as determined in the Field Manual. The Contractor shall immediately replace traffic control devices that are deemed unacceptable. Signs that are dirty and result in a noticeable loss of reflectivity at night are also considered unacceptable and shall be cleaned or replaced. The Contractor shall be required to respond immediately to any call from the Engineer or his designated representative concerning the notification of unacceptable traffic control devices. If the Contractor is negligent in correcting the deficiency within one day of notification the Contractor shall be subject to a daily charge assessed at a rate of $500 for each day or any portion thereof with which the Engineer determines that the Contractor has not complied. (D) The person performing the inspection in paragraph (C) above shall be required to make a daily log. This log shall also include the date and time any changes in the stages, phases, or portions thereof go into effect. The log shall identify the location and verify that the devices are placed as directed or corrected in accordance with the Plan. All entries in the log shall include the date and time of the entry and be signed by the person making the inspection. The Engineer reserves the right to request copies of the inspection logs, as he deems necessary. The Contractor shall provide copies of the inspection logs on a weekly basis on a day of the week determined by the Engineer. Additionally the Engineer may request copies of the logs at any time he deems necessary. If the Contractor is negligent in providing the inspection logs on the predetermined weekly date or at the Engineer's request, the Contractor shall be subject to a daily charge assessed at a rate of $250.00 per day for each day or any portion thereof with which the Engineer determines that the Contractor has not complied. (E) If, at any time, the Contractor fails to, in a timely manner, properly furnish, install, maintain or remove any of the required traffic control devices, the City reserves the right to correct the deficiency. Each time the City takes such corrective action, the costs thereof, including mobilization, plus $5,000 will be deducted from monies due or coming due the Contractor. S -12.2 GENERAL REQUIREMENTS (A) All portable sign assemblies shall be perpendicular to the ground. No roll -up signs will be allowed unless authorized by the Engineer. No traffic control device (signs, channelizing devices, arrowboards, etc.) shall be weighted so they become hazardous to motorists and workers. The approved ballast system for devices mounted on temporary portable supports is sandbags, unless it is designed, crash tested, and approved for the specific device. During freezing conditions, the sand for bags shall be mixed with a de -icer to prevent the sand from freezing. The sandbags shall be placed and maintained at the base of the traffic control device to the satisfaction of the Engineer. When signs will remain in the same location for more than 30 consecutive days the signs shall be post mounted. This would not include portable signs, which are set up and taken down at the beginning and end of each work shift. The signs must be post mounted according to the Typical Temporary Sign Framing and Installation Detail Sheet found in the Plan or in these Special Provisions. SPECL4L PROVISIONS - SP2016 ROOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 7 s 9XIIIJEW (13) When signs are installed, they shall be mounted on posts driven into the ground at the proper height and lateral offset as detailed in the MN MUTCD. When signs are removed, the sign posts and stub posts shall also be removed from the Right of Way within two (2) weeks or the Contractor shall be subject to a daily charge assessed at a rate of $100.00 per day for each day or portion thereof with which the Engineer determines that the Contractor has not complied. (C) All temporary rigid signs shall be fabricated with an approved retroreflective sheeting material of the appropriate color, and be listed under the Approved/Qualified Products List (APL /QPL ) for either "Sheeting for Rigid Temporary Work Zone Signs, Delineators, and Markers (Type IX and XI) " or "Sheeting for Rigid Permanent Signs, Delineators, and Markers (Type IX and XI) ". Signs remaining inplace that still apply during temporary operations need no change in sign sheeting. Signs shall have an easily identifiable marking on the face to make the identification of approved retroreflective sign sheeting on temporary rigid signs in the field easier. This marking verifies that the sign sheeting has been approved for temporary rigid signs. Temporary rigid signs 4 sq. feet and under in size and all barricades and route markers will be exempt from this marking. The appropriate marking shall be used for each type of the approved sheeting types. Refer to the instructions for the marking of temporary signs that are on the APL or directly at the following link: http: / /www.dot.state.mn.us /products /signing /pdf/typelabel.pdf The sheeting materials APL /QPL, including the retroreflective sheeting types, is located at httlp:/./Nvww.dot.state.mn.us/Xroducts/signing/sheeting.htmI (D) In Place Si ning All in place signs and delineators that interfere with the Contractor's normal operation shall be relocated outside of the work area or removed by the Contractor at the direction of the Engineer. This includes any other sign that interfere with the Contractor's operation. Signs that are removed and will be reused are to be stored in such a manner as to protect the sign from scratching, fading, or other harmful effects until said signs are reinstalled. Upon completion of work at each sign location, or at the direction of the Engineer, the signs shall be replaced as near to their original locations as possible or to a location designated by the Engineer. Signs and structures damaged by the Contractor shall be replaced by him at his own expense. The reinstalled sign posts shall be plumb and the sign panels shall be level. The minimum mounting height shall be 7 feet above the elevation of the traveled roadway. The minimum embedment length of the stub posts shall be 3.5 feet. The splice between the stub post and the riser post shall be a minimum of 12 inches. The Contractor will be assessed a $100 charge for each sign that does not comply with the In Place Signing requirements. In addition the Contractor will be required to correct the deficiency at his own cost within 2 weeks of being notified by the City of Columbia heights. If the deficiency has not been corrected within 2 weeks, the Contractor will be charged $50 per sign per day until the deficiency has been corrected. All costs incurred to relocate, salvage, and reinstall in place signing shall be incidental. (E) Open excavation adjacent to the existing pavement will not be permitted on opposite sides of the roadway at the same time. (F) The Contractor shall provide protective devices necessary to protect traffic from excavations, drop -offs, falling objects, splatter or other hazards that may exist during construction. This work shall be incidental. The Contractor will not be allowed to suspend material, equipment, tools and personnel over traffic unless a lane closure is established below. All costs associated with the lane closure will be considered incidental. (G) The Contractor will not be permitted to park vehicles or construction equipment in a location that obstructs any traffic control device. The parking of workers' private vehicles will not be allowed within the Project limits unless so approved by the Engineer. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 8 S.P. 113-010-022 Note 1 of Layout 2 of the Field Manual is hereby deleted. The Contractor will not be allowed to load or unload material or equipment on the shoulders of the roadway without a full shoulder closure using appropriate signs, barricades and channelizing devices as directed by the Engineer. (H) The Contractor will not be allowed 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 Type B channelizers, barricades or barriers, placed near the object to warn and protect traffic. (I) High Visibility Apparel All workers within the road Right -of -Way who are exposed to either traffic or to construction equipment shall wear reflectorized high - visibility safety apparel. High - visibility safety apparel means personal protective safety clothing that is intended to provide conspicuity during both daytime and nighttime usage, and meets the minimum performance Class 2 requirements of the ANSI /ISEA 107 — 2004 publication entitled "American National Standard for High - Visibility Safety Apparel and Headwear ". Long Pants) Additional Requirements: ANSI /ISEA 107 -2004 Class 3 Requirements (Class 2 Vest with Class E Flaggers— In addition to an ANSI Class 2 vest, shirt, or jacket, flagger shall wear high visibility Class E long pants and a hat. Nighttime and Low Light Conditions — All workers working at night or in low light conditions shall wear high visibility Class E long pants in addition to an ANSI Class 2 vest, shirt, or jacket and retro- reflective headgear. All high visibility apparel must be worn in the manner for which it was designed. All apparel worn on the torso must be closed in the front to provide contiguous 360 degree visibility. If a worker's high - visibility apparel becomes faded, worn, torn, dirty, or defaced, reducing the conspicuity of the apparel, the apparel shall be removed from service and replaced with new apparel. The Contractor will be subject to a non - compliant charge for failure to adhere to the clothing requirements as listed above. Non - compliance charges, for each incident, will assessed at a rate of $500.00 per incident that the Engineer determines that the Contractor has not complied. (J) Night Work When work will be perfonned between the official hours of sunset and sunrise, all appropriate practices for night work will apply. The Contractor shall provide sufficient numbers of light plants to illuminate the work area as determined by the Engineer. All costs incurred to provide such light plants shall be incidental. The Contractor shall provide a sufficient amount of 2 inch wide highly reflective vehicle marking tape to be applied to Contractor vehicles and equipment. This tape shall be considered incidental and shall be on the Approved Products List for " Conspicuity Vehicle Sheeting (Type VII)" as found at: http: / /www.dot.state.mn.us /products /signing /sheeting.html. Vehicle examples to be marked with tape are Contractor rollers, paver, millers and other equipment normally found in the lane closure. The City will assess monetary deductions in the amount of $1000.00 for each Calendar Day or portion thereof, that the Contractor fails to provide sufficient numbers of light plants as described in this Section S -1.2. As light plants may be dedicated or otherwise made available to the Project, this assessment will be chargeable even if reasons beyond the control of the Contractor such as breakdowns, late delivery of materials, weather delays, or other unanticipated problems cause the work to be accomplished in non - daylight hours. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01117 Created August 20, 2015 Page 9 S.P. 113 -010 -022 S -12.3 VEHICLE WARNING LIGHT SPECIFICATION All Contractors, subcontractors' and suppliers' mobile equipment, operating within the limits of the Project with potential exposure to passing traffic, shall be equipped with operable warning lights that meet the appropriate requirements of the SAE specifications. This would include closed roads that are open to local traffic only. This also includes any vehicle that enters the traveled roadway at any time. The SAE specification requirements are as follows: Optical Warning Devices for Authorized Emergency, Maintenance, and Service Vehicles- SAE Specification J845. Directional Flashing Optical Warning Devices for Authorized Emergency, Maintenance, and Service Vehicles - SAE Specification J595. Lights shall be mounted so that at least one light is visible at all times from a height of 3.5 feet and from a 60 foot radius about the equipment. In order to meet the 360 degree at 60 foot radius requirements supplemental lighting may be used. All supplemental lights must be SAE Class 1 certified. This specification is to be used for both day and night time operations. All costs incurred to provide warning lights shall be at no cost to the City. These warning lights shall also be operating and visible when a vehicle decelerates to enter a construction work zone and again when a vehicle leaves the work zone and enters the traveled traffic lane. Non - compliance with the above requirements will be assessed a rate of $100.00 per incident that the Engineer determines that the Contractor has not complied. S -12.4 LANE CLOSURE REQUIREMENTS (A) Temporary lane closures or other traffic restrictions by the Contractor, during work hours and consistent with the time restrictions, will be permitted only during those hours and at those locations approved by the Engineer. Requests for temporary lane closures shall be made at least 2 business days prior to the closure. When a temporary lane closure is used by the Contractor, the closure shall be incidental work. The Contractor shall contact the Regional Transportation Management Center (RTMC) at 651- 234 -7093 at the time when a freeway lane or ramp closure begins and again at the time when the freeway lane or ramp closure ends. The Contractor shall also contact the RTMC at the beginning and end times of full freeway roadway closures. (B) Temporary lane closures will not be allowed during peak periods, defined as 7:00 — 9:00 A.M. and 3:00 — 6:00 P.M., unless otherwise approved by the Engineer, and will otherwise be permitted in accordance with the hours and number of lanes allowed as indicated in the Metro Lane Closure Manual, h0:11www. dot. state. mn. usl metro /tra(Licengllarieclosurel'index htnil. Lane closures that cross segments as defined in the Manual shall follow the more restrictive limits. The Engineer will have the right to lengthen, shorten, or otherwise modify the foregoing periods of restrictions as actual traffic conditions may warrant. If the Contractor is negligent in adhering to the established time schedules, he shall be subject to an hourly charge assessed at a rate of $500.00 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. (C) Unless otherwise approved by the Engineer, any temporary lane closure that is adjacent to traffic, and is extending to or beyond 1000 feet shall have a minimum of one Type III barricade, or three drums, placed in the closed lane for every 1000 feet of extension. Any lane closure that is adjacent to traffic and inplace 3 days or more, shall use the Type III barricade only. (D) All lane closures shall have Drum (Type B) Channelizers with florescent reflectorized sheeting in the lane closure taper and in any shifts in traffic alignment. (E) Short Tenn Duration lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closure will be a greater than normal hazard to traffic. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015` Page 10 S.P. 113-010-022 (F) Temporary lane restrictions and/or closures for removing and/or erecting overhead structures are permitted in accordance with the hours and number of lanes allowed as indicated in the Metro Lane Closure Manual, h(W :/ /www dot state mn us /metro /tra 'icengllaneclosure ! index.html. Lane closures that cross segments as defined in the Manual shall follow the more restrictive limits. The Engineer will have the right to lengthen, shorten, or otherwise modify the foregoing periods of restrictions as actual traffic conditions may warrant. If the Contractor requests to close the road and the Engineer approves that it is necessary to temporarily detour traffic in order to remove or set the structures, the Contractor shall furnish the detour as directed by the Engineer. The temporary detour shall be incidental work. If the Contractor is negligent in adhering to the established time schedules, he shall be subject to an hourly charge assessed at a rate of $1500.00 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. The Contractor may stop all traffic on any road open to traffic to erect or remove overhead structures for periods not to exceed fifteen minutes only from 1:30 A.M. to 5:00 A.M. The Contractor shall allow sufficient clearance time between stopped periods to minimize the delay to traffic. If the Contractor is negligent in adhering to the established time schedules, he shall be subject to an hourly charge assessed at a rate of $1500.00 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. (G) No center lane closures will be permitted. Only double lane closures as shown in the Field Manual will be allowed at the times as directed by the Engineer. This may require night lane closures if traffic volumes warrant. S -12.5 SIGNAL AND LIGHTING SYSTEMS The Contractor shall not interfere with the operation of any traffic signal system, except as required by the Contract. The Contractor shall notify the Engineer at least 24 hours prior to beginning any work that will interfere with any traffic signal system or its detectors. The Contractor shall maintain street lighting by means of the in place lights, the newly constructed lights, or a combination thereof, except as otherwise authorized in writing by the Engineer. S -12.6 MAINTENANCE AND STAGING OF TRAFFIC CONTROL (A) The Contractor shall maintain, at all times, the existing traffic movements at the following intersections: Central Avenue at 47th Avenue NE; Central Avenue at 48th Avenue NE; Central Avenue at 49th Avenue NE; Central Avenue at 50th Avenue NE; and Central Avenue at 51 st Avenue NE. (B) Pedestrian traffic shall be maintained and guided through the Project at all times. See Section S -3 (ALTERNATE PEDESTRIAN ROUTE) of these Special Provisions. (C) 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 as directed by the Engineer. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets as directed by the Engineer. The signs shall conform to the standards shown in the MN MUTCD. Furnishing and erecting these signs shall be incidental. The signs shall remain the property of the Contractor. (D) The Contractor shall cover all signs that are not consistent with traffic operations. The cover should be a plate of solid material covering the entire legend or all of that part of the legend that is inappropriate. Bolt the cover to the sign and place a minimum of 1/8 inch spacers (such as plastic or rubber) between the sign face and the cover. See the Typical Temporary Sign Framing and Installation Details Sheet found in the Plan or at hM2:/ /www dot. state. mii. us/ trafficengiworkzoneiwz- teml2lets /odfllayoUt ° /a2O20.pdf for details. This work will be done as required by the Engineer. (E) Street identification signage shall be maintained at all times. Where the only existing signs are small city or county signs located at the intersection, street names and address numbers shall be maintained by temporary installations as required by the Engineer. This is necessary to maintain the 911 emergency system. f o ' j, I 1 Created August 20, 2015 Page 11 (F) The Contractor shall maintain a lane width of not less than 11 feet in each direction. In no case shall traffic be allowed or forced onto the shoulders as a result of the Contractors operations without prior approval of the Engineer. During the time of lane and speed restrictions, the Contractor's equipment shall follow in line and use the roadway in a manner similar to all other through traffic. (G) No access to or from any public road will be permitted for the Contractor's equipment, material deliveries, the hauling of excavated materials of any kind, or employees' private vehicles, except at in place public road intersections, or at locations and in such manner as approved by the Engineer. (H) As each road is completed, the Contractor shall install the final signing and pavement markings required to safely open that road to traffic. This work shall be completed on or before the date of opening as approved by the Engineer. Overhead signs may be temporarily ground mounted at the Contractor's expense. 5 -12.7 MEASUREMENT AND PAYMENT No measurement will be made of the various Items that constitute Traffic Control but all such work will be construed to be included in the single Lump Sum payment under Item 2563.601 (Traffic Control). 5 -12.8 ADDITIONAL TRAFFIC CONTROL DEVICES AND EXTENDED USE OF TRAFFIC CONTROL DEVICES The Engineer may require extra traffic control devices in addition to the traffic control devices shown on the plan Traffic Control Layouts, or in the Field Manual, as warranted by traffic conditions. The City will pay for extra traffic control devices ordered under this section according the schedule of pre - determined prices in Table 2563 -1. The City will also use the predetermined prices in Table 2563 -1 to pay for (1) additional temporary lane closures for Extra Work; and (2) extended use for all traffic control devices which are impacted by excusable and compensable delays, as defined in MnDOT 1806.213. The City will not use the predetermined unit prices listed in Table 2563 -1 if payment for a device is specifically provided for elsewhere in the Contract. (A) General Requirements: The Contractor must furnish the additional traffic control devices as ordered by the Engineer. The devices installed must meet contract requirements and be in a functional and legible condition as determined in the sole discretion of the Engineer. Devices not meeting these requirements must be immediately replaced or repaired. (B) Measurement: Flashers, barricades, reflectorized drums, portable changeable message signs, 48 x 48 inch signs, and flashing arrow boards will be measured by the number of individual units of each type multiplied by the number of Calendar Days each unit is in service. Driven post supports and all mounting hardware for 48 inch x 48 inch signs and Standard Signs are considered incidental. Standard Signs, other than 48 x 48 inch signs, will be measured by the face area of signs furnished multiplied by the number of Calendar Days each square foot of sign is in service. Standard Signs with Portable Supports will be calculated and paid for as follows: Total Standard Sign Sq. Ft + Portable Support Cost (listed in Table 2563 -1) = Standard Signs with Portable Supports Cost per day. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 12 S.P. 113- 010 -022 Construction Signs - Special will be measured by the sign face area thereof furnished, installed including supports, and removed as specified. Temporary Molded Plastic Barrier and Temporary Concrete Barrier will be measured by the number of linear feet furnished multiplied by the number of Calendar Days each linear foot the barrier is in service Flaggers and Police Officers will be measured by the number of hours each is in service on the job. Police Officers shall be equipped with a patrol vehicle at all times on the job. (C) Payment: For contracts without a sub- contract agreement for traffic control services; reasonable invoices may be accepted for additional traffic control devices obtained. The reasonableness of the invoice for additional traffic control is subject to audit in accordance with MnDOT 1721. Total compensation for Additional Traffic Control Devices and the Extended Use of Traffic Control Devices will have a maximum payout allowance based on average lifespan as determined by the City. The following devices will have a 180 Day maximum pay out allowance: Reflectorized Cones /Weighted Channelizer Devices, Surface Mounted/Weighted Delineators, Opposing Traffic Lane Divider, Reflectorized Safety Drum, Reflectorized Safety Drum w /Down Arrow, Flasher Type A (Low Intensity), Flasher Type B (High Intensity) and Flasher Type C (Steady Burn). The following devices will have a 365 Day maximum pay out allowance: Type I Barricade, Type II Barricade, Direction Indicator Barricade, Type III Barricade, 48 X 48 Inch Standard Sign, 48 X 48 Inch Standard Sign with Portable Supports, Standard Signs, Standard Signs with Portable Supports, Standard Signs Portable Support Cost per day, Construction Sign - Special, Temporary Plastic Molded Barrier and Temporary Concrete Barrier Energy Absorption End Treatment System. The following devices have a maximum pay out allowance five years or greater: Temporary Concrete Barrier, Portable Changeable Message Board, Flashing Arrow Board and Portable Radar Trailer. (C.1) Devices, Flagger and Police Officers: Payment for all additional traffic control devices, Flaggers and police officers, as ordered by the Engineer, will be made in accordance with the following schedule: Table 2563 -1 ADDITIONAL TRAFFIC CONTROL DEVICES FLAGGERS and POLICE OFFICERS Item Number Item Unit Pre- determined Price 2563.610 Flagger Hour * 1 2563.610 Police Officer Hour * 2 2563.613 Reflectorized Cones/Weighted Channelizer Devices Each/Day $0.16 2563.613 Surface Mounted/Weighted Delineators Each/Day $0.25 2561613 Opposing Traffic Lane Divider Each/Day $1.44 2563.613 Type I Barricade Each/Day $0.34 2563.613 Type II Barricade Each/Day $0.31 2563.613 Direction Indicator Barricade Each/Day $0.46 2563.613 Type III Barricade Each/Day $1.76 2563.613 Reflectorized Safety Drum Each/Day $0.61 2563.613 Reflectorized Safety Drum w /Down Arrow Each/Day $0.75 2563.613 Flasher T e A (Low Intensity) Each/D21 $0.29 2563.613 Flasher Type B (High Intensity) Each/Da $0.61 POINVIM11.1 toll t Created August 20, 2015 Page 13 S.P. 113 -010 -022 Item Number %'Item Unit Pre - determined Price 2563.613 Flasher Type C (Stead Burn) Each/Day $0.26 2563.613 48 X 48 Inch Standard Sin Each/Day $0.86 2563.613 48 X 48 Inch Standard Sin W /Port. Sup. Each/Day $1.39 2563.613 Roll up Sign W /Stand Each/Day $1.43 2563.617 Standard Signs S uare Foot/Day $0.17 2563.613 Standard Signs W/ Portable Supports Each/Da $TBD Standard Si n Portable Support Cost per day $0.53 2563.618 Construction Sign Special * 5 Square Foot $44.09 2563.603 Temporary Plastic Molded Barrier Linear Foot/Day $0.29 2563.603 Temporary Concrete Barrier Linear Foot/Day $0.05 2563.613 Temp. Concrete Barrier Energy AbsoEption End Treat. Sys. Each/Day $39.10 2563.613 Portable Changeable Message Board * 3 Each/Day $25.65 2563.613 Flashing Arrow Board * 4 Each/Day $7.88 2563.613 Portable Radar Trailer * 4 Each/Day $24.40 *1 Will be paid in accordance with MnDOT 1904AA. *2 Will be paid at the invoice price plus 10 %. *3 (PCMS) Type C Trailer Mounted Message Signs will be permitted. The Contractor shall continually operate each PCMS at maximum legibility. *4 The Contractor shall continually operate each Flashing Arrow Board or Portable Radar Trailer at maximum legibility. *5 Construction Signs — Special includes fabrication, installation, supports and removal as specified. Construction Signs - Special are not eligible for additional compensation due to extended use as described in Sections C.2 "Labor" and C.3 "Equipment" listed below. (C.2) Labor: Payment for labor to furnish, install, and remove additional traffic control devices listed in Table 2563 -1 as set forth in C.1 "Devices, Flagger and Police Officers ", will be in accordance with 1904.3(4) or 1904.4A. Payment for labor to inspect and maintain additional traffic control devices will be incidental to the 2563.601 (Traffic Control) Item already contained in the Plan during the original contract period, unless a contract revision meets the requirements listed in MnDOT 1402.3. Payment for labor to inspect and maintain all traffic control devices, when an extension of contract time is due to an excusable and compensable delay in accordance with MnDOT 1806.213, will be in accordance with MnDOT 1904.3(4) or 1904AA (C.3) Equipment: Payment for equipment to furnish, install, and remove additional traffic control devices listed in Table 25 63 -1 as set forth in C.1 "Devices, Flagger and Police Officers ", shall be in accordance with MnDOT 1904.3(4) or 1904AC Payment for equipment to inspect and maintain additional traffic control devices will be incidental to the 2563.601 (Traffic Control) Item already contained in the Plan during the original contract period, unless a contract revision meets the requirements listed in MnDOT 1402.3. Payment for equipment to inspect and maintain all traffic control devices, when an extension of contract time is due to an excusable and compensable delay in accordance with MnDOT 1806.213, will be in accordance with MnDOT 1904.3(4) or 1904.4C. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 S -13 (1507) UTILITY PROPERTY AND SERVICE SP2016 -21 Created August 20, 2015 Page 14 S.P. 113- 010 -022 Contractor shall perform construction operations near utility properties in accordance with the provisions of MnDOT 1507, except as modified below: S -13.1 Add the following to MnDOT 1507.2: (3) The Contractor shall acquire a Positive Response confirmation from MnDOT for all proposed excavations when the Gopher State One Call has indicated that proposed excavations may affect MnDOT utilities. The Contractor may call MnDOT Electrical Services Section (ESS) Dispatch Locating to confirm the status of MnDOT owned Utility infrastructure. Contractor can contact MnDOT Electrical Services Section (ESS) Dispatch Locating at (651) 366 -5750 or (651) 366 -5751. The Contractor shall be responsible for all damage to MnDOT owned Utility infrastructure if the Contractor did not acquire a Positive Response confirmation from MnDOT. S -13.2 Any work performed by the Contractor that does not comply with MnDOT 1507.2 may be considered Unauthorized Work in accordance with MnDOT 1512.2. S -13.3 All utilities related to this Project are classified as "Level D," unless the Plans specifically state otherwise. This utility quality level was determined according to the guidelines of CI /ASCE 38 -02, entitled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data." S -13.4 The bidder agrees that it shall use the Plan to identify the location of MnDOT storm water drainage facilities in order to meet the requirements of Minnesota Statutes Ch. 216D and Minnesota Rules 7560.0250 which apply to MnDOT storm water drainage facilities. S -13.5 The following utility owners have existing facilities which the work under this Contract may affect. Where necessary, the utility owners intend to relocate or adjust the facilities in advance of or concurrently with the Contractor's operations. CenterPoint Energy — Gas, CenturyLink — Communications, Comcast — Communications, Xcel Energy — Electric, Street Lights, Zayo Group — Communications, Minnesota Department of Transportation — Storm Sewer, Fiber Optic & Traffic Signals, City of Columbia Heights — Sanitary Sewer & Water Main, City of Hilltop — Water Main. See the utility owner contact link at hM2: / /www. dot. state .mn.us /utility /conta.cts.html. S -13.6 The work under this Contract will affect The City of Columbia Heights utilities such as storm sewer, sanitary sewer, and water supply. Those affected utilities are included in the Plan for adjustment or relocation. The Contractor shall notify Kevin Hansen, City Engineer at telephone 763.706.3700, before the date the Contractor intends to start work. The Contractor shall give that office any information necessary for the responsible authorities to make suitable arrangements. S -14 (1508) CONSTRUCTION STAKES, LINES, AND GRADES SP2016 -22 - MODIFIED The provisions of MnDOT 1508 are hereby modified and supplemented as follows: S -14.1 The following is added to the first paragraph of MnDOT 1508: The Contractor must submit a priority list for staking to the Engineer at the Pre - construction Conference and will be required to inform the Engineer a minimum of 48 hours before any deviation from that list or the need for any additional staking. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 15 S.P. 113-010-022 The Engineer will furnish lath for all control points and Right of Way established before construction staking. The Engineer will set the following construction stakes: (A) Construction stakes identifying existing right -of -way and drainage & utility easements along each side of TH 65. (B) Centerline alignment (if needed for construction). (C) Construction limits on each side of TH 65. (D) One set of proposed sidewalk offset hubs at 50 foot intervals along each side of TH 65. (E) Any needed staking for construction of sidewalk/pedestrian ramps to comply with ADA requirements. (F) Offset stakes for proposed curb and gutter and bituminous swale at 3/4 median. (G) Radius points at driveways /intersections identified in plans for reconstruction. (H) Offset stakes for light pole bases. S -14.2 The following is added to the fourth paragraph of MnDOT 1508: The cost of replacing stakes and marks will be based on the actual number of hours of field and office work in accordance with the following wage and equipment rates: 1 • Engineer or Land Surveyor 2- person crew 1- person crew Hourly $135 per hour $200 per hour $110 per hour The provisions of MnDOT 1514 are supplemented with the following: In addition to the requirements under MnDOT 2051 (Maintenance and Restoration of Haul Roads), the Engineer may require additional sweeping of roads adjacent to the construction site to ensure safety for the traveling public, protect the environment, uphold local requirements, or as otherwise directed by the Engineer. Payment for additional sweeping ordered by the Engineer is specified below. (This price represents a shared cost.) Pick Up Broom W/ Operator ............................... ............................... .........................$55.00 per hour Self Propelled Pavement Broom W/ Operator .... ............................... .........................$30.00 per hour The provisions of MnDOT 1601 are supplemented as follows: In conformance with the provisions of the U.S. Code of Federal Regulations 23CFR635.410 the Contractor will furnish and use only steel and iron materials that have been melted and manufactured in the United SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03101/17 Created August 20, 2015 Page 16 S.P. 113-010-022 States,. Foreign source materials are any domestic products taken out of the United States for any process (e.g. change of chemical content, permanent shape or size, or final finish of product). All bids must be based on furnishing domestic iron and steel, which includes the application of the coating, except where the cost of iron and steel materials incorporated in the work does not exceed one -tenth of one percent of the total Contract cost or $2,500.00, whichever is greater. The state may approve the use of foreign iron and steel materials for particular Contract items, provided the bidder submits, a stipulation identifying the foreign source iron and/or steel product(s) and the estimated invoice cost of the product(s), for one or more of the Contract bid items. The Contractor shall submit a "Stipulation for Foreign Iron or Steel Materials" form for each stipulation with the Contractor's proposal. If the Contractor chooses to use ANY non - domestic iron or steel, the Contractor must submit a stipulation with the proposal. Prior to performing work the Contractor shall submit to the Engineer a certification stating that all iron and steel items supplied are of domestic origin, except for non - domestic iron and steel specifically stipulated and permitted in accordance with the paragraph above. Source of Supply and Quality: MnDOT 1604 is supplemented as follows: All costs of shop inspection at plants outside the United States shall be borne by the Contractor. Monies due or to become due the Contractor will be reduced according to these costs. Partial Payment: All provisions for partial payments shall apply to domestic materials only. The Contractor will not receive payment for materials manufactured outside of the United States until such materials are delivered to the job site. Alternate Bidding Process. Unless an alternate bidding process is specified, use of foreign steel and iron products in quantities in greater than provided above is not permitted. When the alternate bidding process is permitted the Contract may be awarded to the bidder who submits the lowest total bid based on furnishing domestic iron or steel unless such total bid exceeds the lowest total bid based on foreign materials by more than 25 percent. 61 NATURAL MATEMAL SOURCES The provisions of MnDOT 1602 are supplemented with the following: 5 -17.1 The expansion of any existing natural material sources, or the creation of new Natural Material Sources, will be subject to the requirements of the Farmland Protection Act of 1981 (FPPA or the ACT). Coordination to comply with FPPA shall be the responsibility of the Contractor. Contact the Natural Resources Conservation Service (MRCS) office for the county in which the source is located for further information. 0 O BE !i SERVED - CARGO PR OF ) 1 VESSELS The provisions of 1701 are supplemented with the following: 5 -18.1 The Contractor must utilize privately -owned United States -flag commercial vessels to ship at least 50% of the gross tonnage whenever shipping any equipment, material, or commodities pursuant to this Contract. This requirement applies only to the extent that such U.S. -flag vessels are available at fair and reasonable rates. Compute gross tonnage separately for dry bulk carriers, dry cargo liners, and tankers. The term "pursuant to this Contract" means this provision applies to materials or equipment acquired for this specific Project. Materials used for highway construction generally originate from existing inventories rather than being acquired solely for a specific project. For example, the requirements generally do not apply to shipments of Portland cement, asphalt cement, or aggregates, as suppliers and contractors use these materials to replenish existing inventories. But, the Cargo Preference Act does apply if any material or equipment is acquired solely for this specific Project. SPECIAL PROVISIONS - SP20I6 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 17 S.P. 113 - 010 -022 S -18.2 The Contractor must furnish a legible copy, in English, of a rated, "on- board" commercial ocean bill of lading for each shipment of cargo described in clause S -20.1. The Contractor must provide the bill of lading to the City and to the following: Division of National Cargo Office of Market Development Maritime Administration Washington DC, 20590 The Contractor must provide the bills of lading no later than 20 days after the date of loading for shipments originating within the U.S.A., or no later than 30 days after the date of loading for shipments originating outside the U.S.A. S -18.3 The Contractor must include or incorporate this provision in all subcontracts. S -19 (1707) PUBLIC CONVENIENCE AND SAFETY SP2016 -37 - MODIFIED Metro Transit has bus service in the Project area which will be affected by this construction. The Contractor shall notify the following Metro Transit representative prior to the start of the Project: Demetairs Bell Assistant Manager of Street Operations Demetairs.bell@metrotransit.org 612-349-7381 The Contractor shall notify the above representative at least 3 days in advance of any work occurring at bus stops so Metro Transit can communicate to passengers any necessary changes to bus boarding during construction. i The provisions of 1714 are supplemented as follows: The Contractor must have the State of Minnesota, the City of Columbia Heights, and Short Elliott Hendrickson Inc. named as an additional insureds on any insurance coverage the contractor is required to provide. The provisions of 1716 are supplemented as follows: All warranties provided by Contractor, for the work performed on the trunk highway, will flow to, and be enforceable by, the State as the owner of such improvements. NATIONAL i LLUTANT DISCHARGE ELIMINATION PERMIT ; Pollution of natural resources of air, land and water by operations under this Contract shall be prevented, controlled, and abated in accordance with the rules, regulations, and standards adopted and established by the Minnesota Pollution Control Agency (M.P.C.A.), and in accordance with the provisions of Mn/DOT 1717, these Special Provisions, and the following: SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 18 S.P. 113- 010 - 022 S -22.1 By signing the Proposal and completing the NPDES permit application, the Contractor is a co- permittee with the City of Columbia Heights (City) to ensure compliance with the terms and conditions of the General Storm Water Permit (MN R100001) and is responsible for those portions of the permit where the operator is referenced. This Permit establishes conditions for discharging storm water to waters of the State from construction activities that disturb 0.4 hectares [1 acre] or more of total land area. A copy of the "General Permit Authorization to Discharge Storm Water Associated with a Construction Activity Under the National Pollutant Discharge Elimination System (NPDES) /State Disposal System Permit Program" is available at: hM2://www.pca.state.mn.us/index.php/view-docunieiit.html?gid=l 8984 The Contractor shall apply and pay for the NPDES Permit on this Project. Payment for the application shall be incidental to the Contract and no direct compensation will be made. City will provide the Contractor with the application form with Sections I thru 3 and 5 thm 14 completed, as part of the Contract document package. The Contractor shall fill out the Contractor's portion (Section 4 and section 15), complete the application process, and post the Permit and MPCA's letter of coverage onsite. A NPDES Permit declaration form will be sent to the Contractor with the Contract award packet. A copy of the signed permit application and a signed Permit Declaration form must be returned with the Contract and bond. Submittal of the copy of the signed permit application and Permit Declaration is mandatory for Contract approval. No work which disturbs soil and /or work in waters of the state will be allowed on this Project until the NPDES Permit is in effect and the City has received the required documentation. S -22.2 The Contractor shall be solely responsible for complying with the requirements listed in Part II.B and Part IV of the General Permit. The Contractor shall be responsible for providing all inspections, documentation, record keeping, maintenance, remedial actions, and repairs required by the permit. All inspections, maintenance, and records required in the General Permit Paragraph IV.E, shall be the sole responsibility of the Contractor. The word " Permtttee" in these referenced paragraphs shall mean "Contractor ". Standard forms for logging all required inspection and maintenance activities shall be used by the Contractor. All inspection and maintenance forms used on this Project shall be turned over to the Engineer every two weeks for retention in accordance with the permit. The Contractor shall have all logs, documentation, inspection reports on site for the Engineer's review and shall post the permit and MPCA's letter of coverage on site. The meetings with the MPCA, Watershed District, WMO, or any local authority shall be attended by both the Engineer and the contractor or their representatives. No work required by said entities, and for which the Contractor would request additional compensation from City, shall be started without approval from the Engineer. No work required by said entities and for which the changes will impact the design or requirements of the Contract documents or impact traffic shall be started without approval from the Engineer. The Contractor shall immediately notify the Engineer of any site visits by Local Permitting Authorities performed in accordance with Part V.H. S -22.3 Emergency Best Management Practices must be enacted to help minimize turbidity of surface waters and relieve runoff from extreme weather events. It is required to notify the MPCA Regional contact person within 2 days of an uncontrolled storm water release. The names and phone numbers of the MPCA Regional Contact personnel can be found at: h!W://www.pca.state.mn.us/water /stonnwater/stonnwater-c.html. The Contractor is reminded that during emergency situations involving uncontrolled storm water releases that the State Duty Office must be contacted immediately at 1- 800 - 422 -0798 or 1-651-649-5451. S -22.4 The Contractor shall review and abide by the instructions contained in the permit package. The contractor shall hold City harmless for any fines or sanctions caused by the contractor's actions or inactions regarding compliance with the permit or erosion control provisions of the Contract Documents. SPECIAL PROVISIONS tI BOOK Created August 20, 2015 Page 19 I P I S -22.5 The Contractor is advised that Section 1 of the NPDES application form makes reference to a Storm Water Pollution Prevention Plan (SWPPP). This Project's SWPPP is addressed throughout Mn /DOT's Standard Specifications for Construction, as well as this Project's Plan and these Special Provisions. The following table identifies NPDES permit requirements and cross - references where this Contract addresses each requirement. ♦• NPDES Permit Requirements Cross- Reference within this Contract Obtain NPDES Permit; MnDOT 1701, 1702; and 1717 Permit Compliance; Special Provisions: Submit Notice of Termination 1717 (National Pollutant Discharge Elimination System (NPDES) Permit Certified Personnel in Erosion / Sediment Control Site MnDOT 1506, 1717, and 2573; Management Special Provisions: Develop a Chain of Command 1717 (National Pollutant Discharge Elimination System (NPDES) Permit) Project / Weekly Schedule (for Erosion / Sediment Control) MnDOT 1717 and 2573; Completing Inspection / Maintenance Log / Records Special Provisions: 1717 (National Pollutant Discharge Elimination System (NPDES) Permit); and Project Specific Construction Staging The Plans; MnDOT 1717; Special Provisions: 1717 (National Pollutant Discharge Elimination System (NPDES) Permit); and 1806 (Determination and Extension of Contract Time) Temporary Erosion / Sediment Control The Plans; MnDOT 2573, 2574 and 2575 Maintenance of Devices / Sediment removal The Plans; Removal or Tracked Sediment MnDOT 1717 and 2573: Removal of Devices Special Provisions: 1514 (Maintenance During Construction), and 1717 (National Pollutant Discharge Elimination System (NPDES) Permit) Dewatering MnDOT 2105.3C and 2451.3C; May also require DNR Permit Temporary work not shown in the Plans MnDOT 1717, 2573, and 2575; Grading areas (unfinished acres exposed to erosion) Special Provisions: 1717 (National Pollutant Discharge Elimination System (NPDES) Permit Permanent Erosion / Sediment Control and Turf The Plans; Establishment MnDOT 1717, 2573,2574, and 2575; Special Provisions: 1717 (National Pollutant Discharge Elimination System NPDES Permit) i The provisions of 1718 are supplemented as follows: The State of Minnesota, acting through its Commissioner of Transportation is an intended third parry beneficiary of the contract with respect to the portion of the work performed on the State's right -of -way. SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 20 S.P. 113-010-022 S -24 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT SP2016 -43 The bidder is agreeing that the following is true by signing this bid form: (1) That any facility to 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 C.F.R. Part 15), is not listed on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 C.F.R. 15.20. (2) That the state transportation department shall be promptly notified prior to Contract award of the receipt by the bidder of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized for the Contract is under consideration to be listed on the EPA List of Violating Facilities. SUBLETTING OF ' REVISED , The provisions of MnDOT 1801 are modified as follows: S -25.1 For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor shall obtain verifications of compliance with § 16C.285 from subcontractors using a form provided by the City. The Contractor must provide such verifications to the City upon the City's request. S -25.2 The third paragraph of MnDOT 1801 is modified to read: On Contracts with Disadvantaged Business Enterprise (DBE), the Contractor's organization shall perform Work amounting to not less than 30 percent of the total original Contract Amount. The City will deduct specialty items from the total original Contract Amount before calculating the amount of Work that the Contractor shall perform. REVISE) 02/03/17 SP2016 -46 Construction truck operators that haul construction materials such as borrow, aggregate base, asphalt mixtures and concrete paving mixtures are encouraged to become trained in Construction Truck Operator Training (CTOT). The CTOT course covers the Federal and State construction truck and driver requirements and regulations. The course also covers safe driving techniques. The course includes presenters from the Minnesota State Patrol, Minnesota Department of Transportation, and Hennepin Technical College. For additional information, contact: Hennepin Technical College Email: ctsregistration nhennepintech.edu Phone: 763 - 488 -2721 Website: HennepinTech.edu/CTOT Call 952- 995 -1330 to register and/or get location information for upcoming CTOT Classes. SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 East Revision by CO Special Provisions: 03/01/17 Page 21 The provisions of MnDOT 1803 are supplemented and /or modified with the following: S -27.1 SPECIAL PROJECT ADA REQUIREMENTS All pedestrian facilities and shared use paths on this Project must be constructed according to Pub I i c R i ghts —of —Way Access i b i I i ty Gu i de I i nes (PROWAG) which can be found at: http: /• /www. dot. state.mn.us /ada /pdf%PROWAG.pdf. The appropriate pedestrian ramp details for each quadrant are included in the Plan. The Engineer may provide additional details to those provided in the Plan that meet the PROWAG guidelines as the need arises and field conditions dictate. (A) The Contractor must designate a responsible person competent in all aspects PROWAG to assess proposed sidewalk layouts at each site before work begins. Any time work the Contractor is performing concerns pedestrian facilities, the Contractor's responsible person shall be on site. (B) Pedestrian facilities must be constructed to meet the following criteria: (1) Pedestrian Access Routes (PAR) must be constructed to meet the following: 0 Minimum 4 feet width. • A maximum cross slope of 2.0 %. a Vertical discontinuities must be less than 0.25 inches. • Must provide positive drainage without allowing any ponding and maintain existing drainage flow patterns unless indicated otherwise in the Plan. + All grade breaks shall be constructed perpendicular to the path of travel. (2) Landings are part of the PAR and must be constructed to meet the following: • 4 feet by 4 feet minimum width or match the adjacent sidewalk or trail widths. • Maximum slope of 2.0% in all directions. • Required at all locations where the PAR changes directions or inverse grades that are >2 %. • Must be connected to the PAR. • Shall be constructed as a single plane surface having no grade breaks. (3) Ramps are part of the PAR and must be constructed to meet either of the following criteria: Longitudinal slopes less than 5% in the direction of travel requires no landing at the top of the ramp (unless the PAR changes direction). Longitudinal slopes between 5 - 8.3% in the direction of travel require a landing at the top of the ramp. If the Contractor constructs any pedestrian or shared -use trail facilities that are not per Plan, do not meet the above requirements, or do not follow the agreed upon resolution, the Contractor will be responsible for correcting the deficient facilities with no compensation paid for the corrective work. To ensure that the pedestrian facilities are constructed in compliance with PROWAG, the Contractor shall follow the following three steps: (1) The Contractor shall use the appropriate ramp, sidewalk, and driveway details, in the Plan and identify the removal limits for the sidewalk and curb and gutter. If Contractor determines the removal limits are not adequate to meet PROWAG, the Contractor shall stop work immediately and consult the Engineer to determine the best solution. Once the Engineer and the Contractor reach agreement on how to proceed, the Contractor may finish the removals. (2) Curb Ramps at Quadrants: Prior to pouring curb ramps at quadrants the Contractor must verify the zero height curb, and curb transitions will be located as shown in the Plans and SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 22 S.P. 113- 010 -022 will provide an adequate detectable edge as shown on standard plan sheet no. 5- 297.250 (sheet 4 of 5). Verify curb tapers are constructed at correct heights so that positive boulevard slopes and drainage is maintained away from landings and sidewalks, to newly constructed curb and gutter sections. Check to ensure all top back of curb elevations will allow for matching into all required (sidewalk landing areas, doorways, steps, bus stops, and outwalks). The Contractor shall also verify the proposed curb flow lines will provide positive drainage as well as maintain existing drainage patterns including existing gutter inflows /outflows. The curb and gutter shall be constructed as detailed in the Plan with a defined flow line and no vertical discontinuities. For required flow line corrections including curb line raises and curb ramp cross slope "tabling" see Standard Plans (Sheet 6 of 6). Curb shall be poured at 3% inflow around the radius or at a minimum distance of 10 feet from any zero height curb section when machine place. The Contractor shall consult with the Engineer to determine a resolution if any of these conditions cannot be met. Once the Engineer and the Contractor reach agreement on how to proceed, the Contractor may proceed with pouring the curb and gutter. (3) Roadway sections with Pedestrian Facilities: Prior to pouring curb and gutter at roadway section the contractor must verify proposed curb and gutter heights will work with existing roadway and shoulder slopes. The contractor shall also check to ensure all top back of curb elevations will allow for adequate boulevard slopes and PAR slopes and widths while and maintaining all match points required at (sidewalk landing areas, doorways, steps, bus stops, and outwalks). The contractor shall check all driveway locations and widths and follow driveway details and plans for all driveway layout including curb heights, and curb tapers. Driveway curbs sections and aprons shall be constructed to minimize any changes in the sidewalk widths and elevation to avoid the "roller coaster" affect. The Contractor shall consult with the Engineer to determine a resolution if any of these conditions cannot be met. Once the Engineer and the Contractor reach agreement on how to proceed, the Contractor may proceed with pouring the curb and gutter. (4) After the curb has been correctly poured, and the Contractor has set the sidewalk forms. The Contractor shall verify prior to placing the concrete curb ramps /sidewalks that positive drainage is maintained within pubic R/W, as well as maintaining existing off R/W drainage, and that all the requirements in S- 29.1(B) will be achieved. In addition, the longitudinal slopes shown in the Construction Plans and the Standard Plans shall be utilized unless these conditions cannot be met. The starting point for setting the forms on the controlling ramp leg should be the following: Steep (S) = 7% Flat (F) = 4% Landing= 1.5% Sidewalk Cross Slope = 1.5% Fan ramp = 4% If any of these requirements cannot be met the Contractor shall meet with the Engineer to determine the best solution. Once the Engineer and the Contractor reach agreement on how to proceed, the Contractor may proceed with the curb ramp /sidewalk pour. Landings — An initial landing is the first required landing of a pedestrian ramp. All initial landings required at the top of a ramped sloped surface ( >2% longitudinal slope), shall be formed and placed separately in an independent concrete pour. This does not include initial landings placed at roadway grade such as depressed corners, parallel ramps, rural flat landings, or flat cut - throughs. Secondary landings consist of all landings beyond the initial landing. These secondary landings do not require a separate landing pour. SPECIAL PROVISIONS - SP2016 ROOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 23 S.P. 113-010-022 Wet casting or drill and grouting of dowel bars will be required in accordance with the details shown in Standard Plan 5- 297.250 Sheet 5 of 5. These bars may be either smooth or deformed and shall be installed with 2 inch minimum concrete cover. When not accounted for in the Plan, payment for these bars will be made under Item 2301.602 (Drill & Grout Reinforcement Bar (Epoxy Coated)) by the Each at the Predetermined Price of $10.00 per bar furnished and installed. All necessary subgrade preparation and aggregate base placement for the entire ramp construction limit shall be done before the initial landing is constructed at each location. (C) It shall be the responsibility of the Contractor, or Contractor's Surveyor if applicable, to layout all proposed work at each intersection in accordance with the Plan and requirements listed in this Special Provision. The Contractor may confer with the Engineer for guidance in laying out the proposed work, but it will be the Contractor's responsibility to ensure the proposed work meets all the requirements of this Special Provision. This layout includes, but is not limited to placement of grade breaks, curb transitions, gutter flow lines, truncated dome placement, crosswalk marking placement, flares, landing limits, removal limits, driveway tie in limits, and ramp limits. It is important that the Contractor layout this work properly to achieve the construction of a compliant pedestrian facility. The owner's surveyor will only stake points and elevations provided in the Plan. For custom designs, other than specific dimensions provided in the Plan, the Contractor shall be expected to scale dimensions from the Plan as needed to construct the facility. If scaled dimensions do not allow for a facility to be constructed to meet the requirements of this Special Provision, the Contractor shall follow the process listed in 5- 29.1(B). This layout work shall be incidental. (D) The Contractor shall utilize measures and methods when working near existing buildings that will avoid damaging the building's face or structure. The contractor will be responsible for any damage to the building's face or structure, both below and above ground. Any damage resulting from Contractor operations will be repaired at the Contractor's expense to the satisfaction of the Engineer. (E) The Contractor will round all joints and edges of the walk with a 1/4 inch radius edging tool, contraction joints shall extend to at least 30 percent of walk thickness and shall be approximately 1/8 inch wide as per MnDOT 2521. The Contractor shall also have the option of providing saw cuts to construct the sidewalk joints and the gutter joints within the PAR. When greater than 50 feet of continuous sidewalk runs are constructed the contractor shall saw cut all joints. This work shall be considered incidental and no extra compensation paid. The top grade break of walkable flares needs a visual joint to indicate a change in grade. To eliminate the use of excessive contraction joints in the quadrant the visual joint shall meet MnDOT 2521.30, except the depth requirement is reduced to 1/4 inch. In sections where concrete boulevard is placed between the back of curb and the sidewalk the 1/2 inch preformed joint filler material shall be placed at back of curb, and between outside edge of sidewalk and existing building or structures. The 1/2 inch wide preformed joint filler shall not be placed in the longitudinal joint between the sidewalk and boulevard, unless it is necessary to provide expansion at fixed structures. At locations where sidewalk is adjacent to existing buildings, whenever possible extend walk up to the edge of building and place 1/2 inch preformed joint filler 1/2 inch lower than top of walk. Furnish and install Backer Rod of appropriate diameter when joints are 1/4 inch wide or greater, clean surfaces and apply approved silicon joint filler to flush with top of walk. If the transverse sidewalk and boulevard joint layouts cannot be aligned, use approved preformed joint filler with a maximum 1/8 inch width and place between the sidewalk and boulevard to prevent contraction joints from migrating into the adjacent concrete panels. (F) The minimum continuous and unobstructed clear width of a pedestrian access route shall be 4.0 feet. All new or reconstructed sidewalk widths shall match or exceed in place sidewalk and in no case shall it be less than 5.0 feet in width except at locations where obstructions cannot be moved or at driveways where slopes exceed the maximum allowable grades. The cross slope of the sidewalk or trail shall not exceed 2 %, and shall be measured perpendicular to the path of travel across the entire surface width of the sidewalk or trail. Curb ramps should match proposed sidewalk PAR width and shall match full trail widths. Whenever possible the entire landings should be placed in a single concrete placement, if this is not possible due to construction staging, follow requirements for reinforcement bar placement and tie adjacent landings together. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 24 S.P. 113-010-022 In areas where the sidewalk is to be constructed around fixed structures and the grade has been changed, the sidewalk shall be finished around these structures to the satisfaction of the Engineer at no additional cost. Architectural elements such as brick pavers, concrete stamping, and multiple colored concrete placements shall be kept outside the curb ramps and curb ramp landings. Any architectural elements that do not maintain a consistent flat smooth surface shall not be used within the PAR. I6 DETERMINATION AND EXTENSION OF CONTRACT TIME REVISED 12/02/16 SP2016-50 The City will determine Contract Time in accordance with the provisions of MnDOT 1806 and the following: S -28.1 Contractor must start construction operations by July 31, 2017, or no later than eight Calendar days after the date of Notice Contract Approval, whichever is later. Contractor must not begin construction operations before contract approval. S -28.2 Contractor must complete installation of the following items between Station 22 +00 and Station 23 +50 (Left and Right sides of TH 65) prior to Friday, September 1, 2017: (A) Sidewalk (B) Light pole bases (C) Conduit for lighting system S -28.3 Contractor must complete all work required under this Contract, except maintenance work and Final Clean Up, on or before November 30, 2017. S -28.4 Unless authorized in writing by the Engineer, the Contractor must not begin construction operations that impact, restrict, or interfere with traffic, before receiving NTP2. The Engineer will determine whether operations impact, restrict, or interfere with traffic in the Engineer's sole discretion. S -28.5 The Contractor must not perform work that will restrict or interfere with traffic between 12:00 noon on the day before and 9:00 A.M. on the day after any consecutive combination of a Saturday, Sunday, and legal holiday. The Contractor may request exceptions to this requirement. Exceptions must be approved in writing by the Engineer. (A) If the Contractor chooses not to work at all on the day before the holiday period, then the City will not assess working day charges. (13) If the Contractor chooses to work before 12:00 noon on the day before the holiday period (or later than 12:00 noon if approved by the Engineer), then the City will assess working day charges only for the actual hours worked. S -28.6 The City based Contract Time (Completion Date) on an anticipated five day work week, Monday through Friday. S -28.7 Allowable working hours are Monday through Saturday, 7:00 a.m. through 7:00 p.m. The operation of running motorized equipment or machinery between the hours of 7:00 p.m. and 7:00 a.m. on these days is not permitted without written notice. No work shall occur on Sundays without written permission from the Engineer and the City of Columbia Heights. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 l TO COMPLETE THE WORK REVISED 09/25/15 The provisions of MnDOT 1807 are supplemented as follows: Created August 20, 2015 Page 25 S.P. 113 -010 -022 S -29.1 The City may reduce the daily liquidated damages to $200 per Calendar Day when the only remaining items are maintenance or Final Cleanup. S -29.2 For informational purposes only, bidders are advised that in addition to the requirements of MnDOT 1807, other Sections of these Special Provisions, as shown below, contain requirements for assessment of monetary deductions to this Contract: 1404 MAINTENANCE OF TRAFFIC AND (2563) TRAFFIC CONTROL 1706 EMPLOYEE HEALTH AND WELFARE 2563 ALTERNATE PEDESTRIAN ROUTE S -29.3 The liquidated damages set forth in MnDOT 1807 and any monetary deductions as set forth above may apply equally, separately, and may be assessed concurrently. S -30 (1910) COST ESCALATION SP2016 -53 Clause. The provisions of MnDOT 1910 are hereby supplemented with the attached Fuel Escalation 1, I This work shall consist of providing MnDOT and the City of Columbia Heights (City) with as- built electronic data and mark -up drawings, as described below, for the following asset classes that are part of the construction project: 1) Signing (to be provided to MnDOT) 2) Lighting (to be provided to City of Columbia Heights) As- builts shall capture all new asset features and shall capture existing features if they are connected to by new features and/or run through existing conduits (new communication or power cables). The work shall occur in accordance with MnDOT Standard Specifications, MnDOT Standard Plans /Plates, the Plans, and the following: S -31.1 ELECTRONIC DATA COLLECTION AND SUBMITTAL The following provisions shall apply to the data collection and submittal requirements for As- builts: (A) Contractor shall utilize the following two methods for the collection of data. Unless otherwise specified in the Plan, Method (1) shall be used for data collection associated with drainage work, including but not limited to, storm sewer, culverts, catch basins, manholes, and appurtenances. Unless otherwise specified in the Plan, Method (2) shall be used for data collection associated with all other items requiring as -built data. (1) Method (1) All coordinates shall be sub -foot accurate x, y and one - tenth -foot accurate z. Data shall be collected using County Coordinate System. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/1.7 Created August 20, 2015 Page 26 S.P. 113-010-022 (2) Method (2) All coordinates shall be sub -meter accurate x, y. Contractor shall have no more than 10% error in attribute accuracy for Method 2. Unless otherwise specified, the coordinates shall be collected in the 1996 adjustment to the UTMi5N North American Datum (NAD83). (B) The locating of underground facilities for the purpose of this pay item shall be done by the contractor or their sub - contractor and the contractor shall not utilize Gopher State One -call for this work. (C) Data collector shall coordinate with facility installer to exchange information on placement changes or the addition of any items and on the timing of the work. Some feature locations should be collected as they are installed. (D) Refer to website (h=: / /www. dot .state.mn.us /inetro/ isspec /) for feature specific collection guidance and submittal procedure. (E) The Contractor shall acquire MnDOT and City approval of the electronic tabular format prior to collection of the data and submission to MnDOT and City. Data dictionaries shall be used and will be provided by MnDOT. (F) Electronic formats shall be made in American Standard Code for Information Interchange (ASCII) Comma Separated Value file and/or Environmental Systems Research Institute (ESRI) shapefiles. (G) The Contractor will gain approval no later than 15 working days after initial submittal of the final package to MnDOT and City. Any discrepancies will be resolved by the Contractor prior to final approval and/or acceptance by MnDOT and City. S -31.2 MARK -UP DRAWINGS The following provisions shall apply for regional traffic management systems, lighting, and drainage /stonnwater features: (A) The original "as- designed" contract plan set should be marked -up to show all additions, deletions, and other changes made during construction. (1) Track any plan note modifications (2) Two copies of the marked up plans must be submitted to the Construction Project Engineer in .pdf format at the time of initial submittal of the electronic data as specified in Section S- 33.1.G. (3) As -built drawings shall be accurate and are an official record of the project at the time of construction completion. S -31.3 MEASUREMENT AND PAYMENT No measurement will be made of the various Items that constitute As- builts but all such work will be construed to be included in the single Lump Sum payment under Item 2011.601 (As Built), which shall be compensation in full for all costs incidental thereto, including but not limited to data collection, electronic formats, required features, as -built drawings, and all materials and labor necessary. S -32 (2031) FIELD OFFICE - TYPE D MODIFIED SP2016 -61 - MODIFIED In addition to the field office furnishings listed in MnDOT 2031.313 1, the Contractor shall furnish the City with the following equipment for use by City Project personnel: (A) Fax (1) 30 page auto document feeder SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 27 1 11 (2) Transmission speed - 15 seconds (3) 10 pages of memory (4) Telephone hand set with Fax/Phone switching (B) Copier /Scanner (1) 10 ppm minimum (2) 99 unattended copies or greater (3) Copier /scanner should be a multi- function, ail -in -one printer /scanner /copier. S -32.1 The equipment and accessories furnished are subject to approval by the Engineer. S -32.2 Should the above equipment become damaged beyond repair or stolen, the Contractor shall provide an equivalent replacement within three (3) working days of the loss or the use of the equipment during the life of the Contract. Replacement shall be incidental. All repairs needed to this equipment shall be made by the Contractor within the above specified time at no direct cost to the State during the life of this Contract. S -32.3 The above equipment will be returned to the Contractor ninety (90) days after final acceptance of all Contract work is made in accordance with MnDOT 1516.4. S -32.4 The above equipment will be included for payment under Item 2031.501 (Field Office Type D- Modified). S -33 (2031) FIELD OFFICE - BROADBAND SERVICES SP2016 -62 - MODIFIED In addition to the requirements set forth in MnDOT 2031.3, the Contractor shall provide the following for exclusive use by City personnel for the entire length of the Contract including periods of work suspension: S -33.1 GENERAL REQUIREMENTS OF CONTRACTOR The Contractor shall provide City with the information required by the Internet Service Provider (ISP) to authorize communication between the ISP and City staff for purposes of problem resolution. This information shall include the name of the provider, a phone number for technical support and the account number as a minimum. The Contractor shall determine if additional information will be required from the ISP. This information shall be in writing and shall be provided to the Engineer at the Pre - Construction meeting. S -33.2 BROADBAND SERVICES TECHNICAL REQUIREMENTS The Contractor shall provide the following service: Minimum bandwidth size shall be 1.5MB per second. Terminating in an Ethernet connection 1 Static Public IP Address(es) — For Internet Use S -33.3 The Contractor will provide the necessary Hardware to provide wireless access within the Field Office. S -33.4 The above equipment will be returned to the Contractor ninety (90) days after final acceptance of all Contract work is made in accordance with MnDOT 1516.4. S -33.5 The above equipment will be included for payment under Item 2031.501 (Field Office Type D- Modified). Abandoned structures and other obstructions shall be removed from the Right of Way and disposed of in accordance with the provisions of MnDOT 2104, except as modified below: S -34.1 Measurement and payment for the removal and disposal of materials will be made only for those Items of removal work specifically included for payment as such in the Proposal and as listed in the Plans. The removal of any unforeseen obstruction requiring in the opinion of the Engineer equipment or handling substantially different from that employed in excavation operations, will be paid for as Extra Work as provided in MnDOT 1402.5. S -34.2 All removals shall be disposed of by the Contractor outside the Right of Way in accordance with MnDOT 2104.3D3 to the satisfaction of the Engineer. S -34.3 Sawing of sidewalks needed for removal shall be incidental. This work consists of furnishing a street sweeper and operator to remove sediment from roadways adjacent to the project area as directed by the Engineer. S -35.1 CONSTRUCTION REQUIREMENTS The street sweeper shall have the ability to apply water to the surface to remove dust and shall have a pickup broom with a minimum box capacity of 1.5 cubic yards. S -35.2 METHOD OF MEASUREMENT Street Sweeper (With Pickup Broom) will be measured by the hour, which shall reflect the hours of actual working time and necessary travel time within the project limits. S -35.3 BASIS OF PAYMENT Payment will be made under Item 2123.610 (Street Sweeper (With Pickup Broom)) at the Contract bid price per hour, which shall be compensation in full for the use and operation of the street sweeper, and providing the operator. Aggregate base courses shall be constructed in accordance with the provisions of MnDOT 2211 except as modified below: S -36.1 Compaction shall be achieved by the "Penetration Index Compaction Method" as per the Detailed Dynamic Cone Penetrometer Test Procedure described in MnDOT 2211.3D2c. S -37 (2301) DRILL AND GROUT REINFORCEMENT BAR (EPDXY COATED) SP2016 -116 This work shall consist of drilling, grouting, and inserting No. 4 epoxy coated reinforcement bars in accordance with the provisions of MnDOT 2301 and the following: The Engineer will measure by the number of epoxy coated reinforcement bars that are furnished, installed, and grouted in place as specified. The Engineer will make payment under Item 2301.602 (Drill and Grout Reinforcement Bar (Epoxy Coated)) at the Contract bid price per each, which shall be payment in full for all costs incidental thereto. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 S -38 (2357) BITUMINOUS TACK COAT REVISED 04/08/16 SP2016 -134 - MODIFIED MnDOT 2357 is hereby modified as follows: S -38.1 Delete MnDOT 2357.31-3 Acceptance of Tack Material and replace with: H Acceptance of Tack Material Created August 20, 2015 Page 29 S.P. 113 -010 -022 The Engineer will address failures related to 3151, "Bituminous Material," or deficiencies related to workmanship or application, in accordance with 1512, "Unacceptable and Unauthorized Work." The basis of measurement for tack failures or deficiencies is the full width of the lane by station. The Engineer may deduct up to 5% of the mixture Unit Price for failures related to 3 15 1. S -38.2 Delete MnDOT 2357.5 Basis of Payment and replace with: 2357.5 BASIS OF PAYMENT All costs of furnishing and applying bituminous tack coat material will be incidental. S-39 (2360) PLANT MIXED ASPHALT PAVEMENT (LOCAL AGENCY) REVISED 03/01/17 S -39.1 S-39.2 MnDOT 2360 is modified and/or supplemented with the following: Delete MnDOT Table 2360 -2 and replace with: Delete MnDOT 2360.2.E.7 and replace with: E.7 Minimum Ratio of Added Asphalt Binder to Total Asphalt Binder Control recycled materials used in mixture by evaluating the ratio of new added asphalt binder to total asphalt binder as show in Table 2360 -8. Table 2360 -2 PG As halt Grades MSCR Letter A PG Grade MSCR PG 52S — 34 B PG 58S — 28 C PG 58H — 34 E PG 58H — 28 F PG 58V — 34 H PG 58V — 28 I PG 58E — 34 L PG 64S — 22 M PG 49S — 34 Delete MnDOT 2360.2.E.7 and replace with: E.7 Minimum Ratio of Added Asphalt Binder to Total Asphalt Binder Control recycled materials used in mixture by evaluating the ratio of new added asphalt binder to total asphalt binder as show in Table 2360 -8. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 30 S.P. 113 -010 -022 Table 2360 -8 Requirements for Ratio of Added New Asphalt Binder to Total Asphalt Binder, min %: Description Recycled Material Specified Asphalt Gradez RAS Only RAS + RAP RAP Onl PG 58X3 -28, PG 52S -34, PG 49 -34, PG Tolerance of final 2 lifts from the edge of a 10 foot 64S -22 70 70 70 Wear 70 70 65 Non -Wear & bypasses PG 58X3 -34 Tolerance from the edge of a 10 foot straightedge centered Wear & Non -Wear 80 80 80 , The ratio of added new asphalt binder to total asphalt binder is calculated as (added binder /total binder) x 100 Z The Contractor can elect to use a blending chart to verify compliance with the specified binder grade. The Department may take production samples to ensure the asphalt binder material meets the requirements. The blending chart is on the Bituminous Office Website. 3 X= S,H,V,E S -39.3 Remove MnDOT 2360.3.E, "Surface Requirements," and replace with: E 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: Table 2360 -27 Surface Requirements Course/Location Description Tolerance Leveling /1st lift Tolerance also applies to 1st lift placed other than leveling 'h in using automatics when automatics are used. Tolerance of final 2 lifts from the edge of a 10 foot '/4 in Wear straightedge laid parallel to or at right angles to the centerline. Shoulder Wear, Tolerance from the edge of a 10 foot straightedge laid parallel , /4 in Temporary Wear to or at right angles to the centerline. & bypasses Tolerance from the edge of a 10 foot straightedge centered Transverse longitudinally across the transverse joint. Correction by '/4 in joints /construction diamond grinding required unless the Engineer and the joints Contractor agree to a deduct of $1,500. 20 ft. pavement Tolerance from the edge of a 10 foot straightedge placed section excluded parallel to or at right angles to centerline. Does not include from IRI and ALR measurement at terminal header, bridge deck, and approach '/4 in testing in Table panels. Corrective Work required unless both the Engineer 2399 -3. and the Contractor agree to a deduct of $1,500. Tolerance for surface of each lift exclusive of final shoulder Not to vary by more than 0.4 % from Transverse Slope wear. plans. No less than the plan distance or more than 3 inches greater Distance from than the plan distance. The edge alignment of the wearing lift edge of each lift on tangent sections and on curve sections of 3 degrees or less See Description and established can't deviate from the established alignment by more than 1 centerline. inch in an 25 foot section. SPECIAL PROVISIONS - SP2016 ROOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 31 S.P. 113- 010 -022 Table 2360 -27 Surface Requirements Course/Location Description Tolerance Final wear adjacent to After compaction the final lift wear adjacent to concrete concrete pavements must be slightly higher but not to exceed 1/4 inch See Description than the concrete surface. avements. Final wear After compaction the final lift wear adjacent to gutters, adjacent to fixed manholes, pavement headers, or other fixed structures must be See Description slightly higher but not to exceed 1/4 inch than the surface of structures. the structure. Finished surface Must be free of segregated and open and torn sections and of each lift.* deleterious material. *Excluding tight blade and scratch See Description courses. Cut or saw and then remove and replace material placed outside the described limitations at no additional cost to the Department. If the Engineer determines the material can remain in place outside the limits, the Department will pay for the material at a reduced cost of $10 per sq. yd. The Department will consider any single occurrence of material outside the limitations to have a minimum dimension of at least I sq. yd in any dimension. The requirements of 2360.3.E are in addition to 2399, "Pavement Surface Smoothness," if specified in the Contract. When 2399 is required in Special Provisions but no pavement smoothness equation is specified, evaluate using equation HMA -B. 5 -39.4 Mix Designation Numbers for the bituminous mixtures on this Project are as follows: Type SP 9.5 Wearing Course SPWEA240B Type SP 9.5 Wearing Course SPWEA440E 5 -39.5 Asphalt binder meeting AASHTO M332 (MSCR) is required. See Section 5 -3151 (BITUMINOUS MATERIAL (MSCR)) of these Special Provisions. 5 -39.6 The sentence "In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements." is deleted from MnDOT 2360.3.E Surface Requirements. The requirements of MnDOT 2360.3.E Surface Requirements will apply. 5 -39.7 The first paragraph of MnDOT 2360.2.G.4.b Sampling and Testing is revised as shown below: Take QC samples at random tonnage or locations, quartered from a larger sample of mixture. Sample randomly and in accordance with the Schedule of Materials Control. Determine random numbers and tonnage or locations using the Bituminous Manual; Section 5 -693.7 Table A or ASTM D 3665, Section 5, or, an Engineer approved alternate method of random number generation. b b o Sample mixture from behind the paver. Sampling from the truck box at the plant site is not allowed unless approved by the Engineer. In addition to the QC sample, the Contractor will also bring an additional split of the mixture sample to the plant site and store for the Department for 10 calendar days. The procedure for truck box sampling is on the Bituminous Office website. The Contractor will obtain at least a 130 pound [60 kg] sample. Split the sample in the presence of the Inspector. The Inspector will retain possession of the Agency portion of each split sample and randomly submit a minimum of one sample, on a daily basis, to the District Laboratory for Verification testing (see 2360.2.G.3). Store compacted mixture specimens and loose mixture companion samples for 10 calendar days. Label these split companion samples with companion numbers. SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 32 S.P. 113 -010 - 022 S -39.8 The first paragraph of MnDOT 2360.3.D.1 is hereby deleted and replaced with the following: DA Maximum Density Compact the pavement to at least the minimum required maximum density values in accordance with Table 2360 -19, "Required Minimum Lot Density (Mat) ". S -39.9 MnDOT Table 2360 -20 Longitudinal Joint Density Requirement is hereby deleted. S -39.10 MnDOT 2360.3.D.l.h Mat Density Cores is hereby deleted and replaced with the following: D.l.h Mat Density Cores Obtain four cores in each lot. Take two cores from random locations as directed by the Engineer. Take the third and fourth cores, the companion cores, within 1 foot [0.3 m] longitudinally from the first two cores. Submit the companion cores to the Engineer immediately after coring and sawing. If the random core location falls on an unsupported joint, at the time of compaction, (the edge of the mat being placed does not butt up against another mat, pavement surface, etc.) cut the core with the outer edge of the core barrel 1 foot [0.3 meters] away (laterally) from the edge of the top of the mat (joint). If the random core location falls on a confined joint (edge of the mat being placed butts up against another mat, pavement surface, curb and gutter, or fixed face), cut with the outer edge of the core barrel 6 inches ± 0.5 inch [150 mm ± 12.5 mm] from the edge of the top of the mat (ex. center of 4 inch [100 mm] core barrel 8 t 0.5 inches [200 mm ± 12.5 mm] from the edge of the top of the mat). Cores will not be taken within 1 foot [300 mm] of any unsupported edge. The Contractor is responsible for maintaining traffic, coring, patching the core holes, and sawing the cores to the paved lift thickness before density testing. The Engineer may require additional density lots to isolate areas affected by equipment malfunction, heavy rain, or other factors affecting normal compaction operations. S -39.11 MnDOT 2360.3.D.I.j Companion Core Testing is hereby deleted and replaced with the following: The Department will select at least one of the two companion cores per lot to test for verification. S -39.12 MnDOT 2360.3.D.l.n Longitudinal Joint Density is hereby deleted. S -39.13 MnDOT 2360.3.D.l.p Shoulders is hereby deleted. S -39.14 MnDOT Table 2360 -24 Payment Schedule for Longitudinal Joint Density (SP Non -Wear and SP Shoulders, 4% Void) is hereby deleted. S -39.15 MnDOT Table 2360 -25 Payment Schedule for Longitudinal Joint Density (SP Non -wear and SP Shoulders, 3% Void) is hereby deleted. S -39.16 MnDOT 2360.3.D.l.r Pay Factor Determination is hereby deleted. Compaction of all bituminous mixtures shall be in accordance with 2360.D.2, Ordinary Compaction. S -40 (2461) STRUCTURAL CONCRETE REVISED 02/07/17 MnDOT 2461 is hereby modified as follows: S -40.1 MnDOT 2461.2.A.5 shall be added: SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 43/01/17 Created August 20, 2015 Page 33 S.P. 113-010-022 A.5 Ternary Mixes Ternary mixes are defined as portland cement or Type IL and two other supplementary cementitious materials, or blended cement and one other supplementary cementitious material with a maximum replacement of 40% by weight. S -40.2 MnDOT 2461.2.13 shall be deleted and replaced with the following: B Aggregates Provide aggregates from sources listed on the MnDOT Concrete Aggregate Properties list. B.1 Fine Aggregate ................................................................ ............................... ...........................3126 B.2 Intermediate Aggregate .................................................. ............................... ...........................3131 B.3 Coarse Aggregate ............................................................ ............................... ...........................3137 S -403 MnDOT 2461.2.0 shall be deleted. S -40.4 MnDOT 2461.2.D shall be modified to include the following: Provide water from potable sources. The Concrete Engineer will allow clarified water as a substitution for potable water in accordance with the following: (1) From the Approved/Qualified Products list, (2) In any concrete defined as MnDOT Grades B, F, G, M, P, and R, (3) Up to a maximum of 50.0% of total mix water by weight, (4) Provided the clarified water is identified separately on the Certificate of Compliance. S -40.5 MnDOT 2461.2.E shall be deleted and replaced with the following: EConcrete Admixtures ...................................................... ............................... ...........................3113 Provide admixtures from the Approved/Qualified Products list for all concrete grades shown in Table 2461 -6 and Table 2461 -7. Use of any of the following admixtures are at the Contractor's discretion: (1.1) Type A, Water Reducing Admixture (1.2) Type B, Retarding Admixture (1.3) Type D, Water Reducing and Retarding Admixture (1.4) Type F, High Range Water Reducing Admixture (1.5) Type G, High Range Water Reducing and Retarding Admixture (1.6) Type S, Specific Performance Based Admixture Use of the following accelerating admixtures require approval of the Concrete Engineer, in conjunction with the Engineer, unless otherwise allowed in the Contract: (2.1) Type C, Accelerating Admixture (2.2) Type E, Water Reducing and Accelerating Admixture The Engineer will permit the use of Type C or Type E accelerating admixtures when all of the following conditions exist: (3.1) The ambient temperature is below 36 °F, (3.2) An Engineer approved cold weather protection plan is in- place, and SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 34 S.P. 113-010-022 (3.3) Cold weather protection materials are on -site and ready for use. S -40.6 Table 2461 -1 of MnDOT 2461.2.F.1 shall be deleted and replaced with the following: S -40.7 S -40.8 Table 2461 -1 Mix Number Identification First Digit Second Third Digit Fourth Digit Additional Table 3137 -4, "Coarse Aggregate Designation for Concrete" Digit ASTM 9467 2 Digits Type Grade Maximum Coarse Aggregate Additional Digits Designation Designation Slump Gradation Allowed or as Designation Specified MnDOT 2461.2.F. Lb shall be deleted and replaced with the following: F.Lb Grade Designation The Department will designate concrete grade in accordance with Table 2461 -6 and Table 2461 -7 using a letter designating the following: (1) Intended Use (2) Maximum water /cement (w /c) ratio (3) Maximum Cementitious Content (4) Maximum Supplementary Cementitious Substitution (SCM) (5) Slump range (6) Minimum 28 -day compressive strength, f c (7) Coarse Aggregate Quality in accordance with 3137 MnDOT 2461.2.F. Ld shall be deleted and replaced with the following: F.l.d Coarse Aggregate Gradation Designation Select the appropriate coarse aggregate gradation designation in accordance with Table 2461 -3 based on the intended use and the gradation requirements in 3137, "Coarse Aggregate for Portland Cement Concrete." Table 2461 -3 Coarse Aggregate Designation for Concrete Designation Coarse Aggregate Gradation 0 Job Mix Formula (JMF) combination of fine and coarse aggregate Table 3137 -4, "Coarse Aggregate Designation for Concrete" 1 ASTM 9467 2 ASTM #67 3 ASTM #7 4 ASTM #89 7 CA -70 8 CA -80 S -40.9 MnDOT 2461.2.F. Le shall be deleted and replaced with the following: F.Le Additional Concrete Mix Designation Digits Specialty concrete mixes require additional concrete digits in accordance with Table 2461 -6. Use "EX" for exposed aggregate mixes and "CO" for colored concrete mixes. The Contractor may add additional digits to the right of the required digits in the concrete mix number. SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 35 S.P. 113-010-022 5 -40.10 MnDOT 2461.21.2, 2461.2.F.2.a, and 2461.2.F.2.b shall be deleted and replaced with the following: F.2 Concrete Mix Design Requirements The Engineer determines final acceptance of the concrete for payment based on test results, satisfactory field placement and performance. F.2.a Department Designed Concrete Mixes The Department will provide mix designs for the concrete defined in Table 2461-4 and Table 2461-5. F.2.a(1) Department Designed Concrete Requirements No additional submittal is required for Table 2461-4 mix designs. Table 2461-4 Department Designed Concrete Mixes Type of Concrete Mix Number I Specification Mix Design Location Field Batched Patching Mix 3U18 2302 Table 2302-1 Low Slump Concrete 3U17A 2404 Weekly Report of Low Slump Concrete Bagged Patching Mix 3U18 and 3U58M 3105 Table 3105-1 F.2.a(2) Grout and Lean Mix Backfill Submit final mix design proportions on the General Concrete Mix Design Submittal for Grout and Lean Mix Backfill in accordance with Table 2461-5. Table 2461-5 Concrete Mix Design Requirements for Grout and Lean Mix Backfill Mixes Water Cement Fly Ash Fine Coarse Minimum Mix Number Maximum Content Content Content Aggregate Aggregate %Ai r Slump 28-day W/c ratio (pounds) (pounds) (pounds) Calculation Cn alculatio Content Rang g e Compressive ounds) (pounds) Strength, f IAGROUT 0.50 379 758 0 100% 0 3.0% As 4000 psi 1 needed 1 3AGROUT 0.44 379 865 0 100%-1 0 10. 0 As 4000 psi % needed Lean Mix 11 1.00 375 125 250 50% t 50% f f N/A 10 in 75 — 400 # I in Do not provide grout containing coarse aggregate or fly ash, 11 Coarse Aggregate Quality meets requirements of 3137.2.D.1, "Coarse Aggregate for General Use" t After adding the specified quantities of cement, fly ash, and water, provide the remaining aggregate to an absolute volume of 27.00 — 27.27 cu. ft. + Meeting ASTM #67 gradation as shown in Table 3137-4. -# Unconfined compressive strength range. F.2.b Contractor Designed Concrete Mixes The Contractor will provide concrete mix designs for concrete defined in Table 2461-6 and Table 2461-7 and elsewhere as specified in the Contract. The Contractor assumes full responsibility for the mix design and performance of the concrete. F.2.b(1) General Concrete Mix Design Requirements The Department defines the concrete mix design requirements for Contractor Designed Mixes in accordance with Table 2461-6. V � O w M `,A sti Q ti obi fl„ CQ Gl Q C� Q Q (� fQ Gl LQ GQ CQ C-1 �1 Ca M V1 N N N N N N N N N N N N N N N � � V NL• N 0. Q a. p, R. v' v' Q., Q, a. O. A A A A .� O Q= O O kn O O O O O O Cl O O O O O O O O O Cl O O O O C _ O � •ct C' 7 V d• �t V M 7 �t 7 � � <t 7 =U� c " `o lo v v = ~ N cc a N N N N N M N N M M N U T G O O O O d' O V Cl 7t O 7t O 7 O 7 O zr O 7 O V Cl 7 M M M O M O M Cl M O M C M O M O M O M O M O M U W U � � U � 7, UO ® m O O O O 0 0 O O C O O O O O U M ch -1 3 O N N Cl N Q U Cl 0 0 O O O Cl O O O O �'IT., m 3 0 y •� o tc o� to o N Ate t 0 •a� A N A Q . cd ^ N N bA U w O v .x 3 v ' ' p uu a O ai o y o 3 "o w a o O •o ❑ O x o y a xa. o «z Q, 'O U pap c3 o bD O �; o ".. A U o w 'T3 O .a O, a� ccS o ca v; A VD G .�+ ,b ai N 'C O " •O O to 72 O �. ^ � x •p �" cc3 U � � � � ^O 'sy = v� r•~i, o cf; p wo w •n U w � ooQw � a y i-t- -1-1- i-t i'C ✓'C W W O ++ •t-i• N N N O N O N U U U N N N N .-r n N e� v N U N N U U A YC M N N N N rt M M N M 77 d' N N M N �O N N M7 d' 7 �Y' OCh' 7 M MME MM E p O y U <I' a Fn 'J." N �•` MMM �" Q', 7 Q` CA 5-' 'J" �"'' U G� y+ �"` �'" I%C �C In �" �" �" S.+ p U ^O p O 1 M M M M M M M M M M M U /y U o• � cc r- "t t O i/' � C � :2 t O m va X SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 37 S.P. 113-010-022 F.2.b(2) High-Early Concrete Mix Design Requirements The Department defines High-Early (HE) concrete as concrete designed to achieve the minimum strength of 3000 psi for opening at 48 hours. Unless otherwise included in the plans, all HE concrete requires approval of the Engineer prior to incorporation into the work. The Engineer will allow one of the following methods to determine minimum time to opening: (1) Field control cylinders in accordance with 2461.3.G.5.c, "Field Control Strength Cylinders." (2) Maturity method in accordance with 2461.3.G.6, "Estimating Concrete Strength by the Maturity Method." The Department defines the concrete mix design requirements for High-Early concrete in accordance with Table 2461-7. Table 2461-7 High-Early (HE) Concrete Requirements Not applicable to Bri ge Superstructure or Mass Concrete) Concrete Minimum Concrete Maximum Minimum Minimum 3137 Spec. Mix Grades Time to Maximum Cementitious Slump Strength 28-day 3137 Number Allowed Opening w/c ratio Content Range to Compressive Spec. None —(lbs/ yd') Opening StrenlZth, fc 3HE32 F 48 hrs 0.42 750 1 — 3" 3000 psi 4500 psi 2.D.1 3HE52 13, F, G 48 hrs 0.42 750 2 — 5" 3000 psi 4500 psi 2.D.1 Y 3YHE52 (Repairs 48 hrs 0.42 750 2 — 5" 3000 psi 4000 psi 2.D.2 Only) R 3RHE52 (Repairs 48 hrs 0.42 750 2 — 5" 3000 psi 4000 psi 2.13.3 Only) Supplementary Cementitious Materials allowed. Adjust slump in accordance with 2461.3.G.7.a,"Concrete Placed by the Slip-form Method." F.2.b(3) Project Specific Mix Design Requirements Submit project specific contractor designed mixes on the Project Specific Mix Design Submittal forms in accordance with Table 2461-8 and the Contract. S-40.11 MnDOT 2461.21.3 shall be deleted and replaced with the following: F.3 Submittal Requirements At least 21 calendar days before initial placement of the concrete, submit the appropriate General Concrete Mix Design Submittal form to the Concrete Engineer for approval. The Contractor Mix Design Forms are available from the MnDOT Concrete Engineering Website. Table 2461-8 Project Specific Contractor Designed Mixes Concrete Grade Intended Use Specification 3137 Spec. A Concrete Pavement 2301 2.D.3 W and Y Precast Concrete 2462 Varies HPC High Performance Concrete Special Provision 2401 2.D.2 MC Mass Concrete Special Provision 2401 Varies LSM Cellular Concrete Grout 2519 None S-40.11 MnDOT 2461.21.3 shall be deleted and replaced with the following: F.3 Submittal Requirements At least 21 calendar days before initial placement of the concrete, submit the appropriate General Concrete Mix Design Submittal form to the Concrete Engineer for approval. The Contractor Mix Design Forms are available from the MnDOT Concrete Engineering Website. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Design the concrete mix to an absolute volume of 27.00 — 27.27 cu. ft. The Concrete Engineer will: Created August 20, 2015 Page 3 8 S.P. 113- 010 -022 (1) Provide specific gravity and absorption data using oven dry (OD) weights for mix design calculations. (2) Review the mix design submittal and approve the materials and mix design for compliance with the Specifications. Table 2461 -8 defines the mix design submittal requirements for Level 1 and Level 2 Mixes. Table 2461 -9 Mix Design Submittal Requirements SCM Fine Preliminary Aggregate Test Data Submittal Package Substitution Limits Limit Requirements Requirements Level 1 Fly Ash: 0 — 15% 40 — 45% of General Concrete Mix Mixes Slag: g' 0 - 35 ° /° total aggregate 3126 and 3137 None esign * by volume Use Either: Use Either: . General Concrete Level 2 Fly Ash: > 15% None • 3126 and 3137 2461.2.F.3.a Mix Design Mixes Ternary: Any •Job Mix General Concrete Formula (JMF) Mix Design (JMF * High Early concrete in accordance with Table 2461 -7 is defined as a Level 1 Mix. S -40.12 MnDOT 2461.21.1a, 2461.2.F.3.a(1) and 2461.2.F.3.a(2) shall be deleted and replaced with the following: F.3.a Preliminary Test Data Requirements for Level 2 Mixes For Level 2 Mixes, submit the proposed Mix Design Proportions on the General Concrete Mix Design Submittal based upon either a suitable experience record or conventional trial mixtures not to exceed the limits specified in Table 2461 -6 or 2461 -7. F.3.a(1) Suitable Experience Record A suitable experience record consists of at least 30 consecutive tests, or two groups of consecutive tests totaling at least 30 tests, within the previous 18 months. If the Contractor does not have 30 tests, the Concrete Engineer will consider a minimum of 10 test results representing a time period of at least 45 days. The Concrete Engineer considers a suitable experience record to have the following characteristics as compared to the proposed mix: (1) Average compressive strength (fcr) meeting the required 28 -day compressive strength and no greater than 1000 psi above the required 28 -day compressive strength, (2) Same type or grade of cementitious materials, (3) Same class of coarse aggregate, (4) Aggregate weights within 10% of the proposed, (5) Water /Cement ratio no greater than the maximum allowed, (6) Cementitious or SCM material weights within 5% of proposed, and (7) Batching conditions and testing procedures similar to those expected for the proposed work. Submit all test results on the Strength Test Data sheet as part of the Contractor Mix Design Submittal. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 39 The Concrete Engineer reserves the right to request batching data representing the suitable experience record submittal. F.3.a(2) Conventional Trial Mixtures If the Contractor does not have a suitable experience record as required in 2461.2.F.3.a(1) above, establish concrete proportions from trial mixtures, utilizing an AMRL accredited laboratory in accordance with the following: (a) Use proportions and consistencies required for proposed work at the w/c ratios or cementitious materials content that will produce a strength meeting or exceeding the required 28 -day compressive strength 60c) in accordance with Table 2461 -6 or 2461 -7; (b) Design trial mixtures to produce slump within t 0.75 in. of maximum permitted; (c) For air - entrained concrete, design trial mixtures to produce air content within ± 0.5 percent of maximum allowable air content; (d) For each w/c ratio or cementitious materials content, make and cure at least three test cylinders for 28 -day breaks in accordance with ASTM C 192. For HE concrete mixes, in addition to the 28 -day cylinders, make a set of three test cylinders for 48 -hour breaks in accordance with ASTM C 192. Submit all test results for the trial mixtures, certified by the AMRL accredited laboratory, in addition to the Contractor Mix Design Submittal. S -40.13 Table 2461 -11 of MnDOT 2461.2.F.4 shall be deleted and replaced with the following: Table 246141 Mix Design Adjustments Requirements Level Type of Change or Adjustment Mix Design Resubmittal Requirements • Cementitious Sources • Admixture Sources No resubmittal required • Admixture Dosage Rate Level 1 . Aggregate Sources Mixes • Aggregate Proportions Resubmittal of Mix Design • Any cementitious or SCM proportion (< 15% max fly ash) • Any cementitious or SCM proportion (> 15% max fly ash) Resubmittal in accordance with 2461.2.F.3.a • Admixture Dosage Rate • Cement or SCM sources No resubmittal required • Aggregate Source, no change in Aggregate Class Level 2 • < 5% in any cementitious or SCM proportion* Resubmittal of Mix Design Mixes • < 10% in Aggregate Proportions — • Aggregate source and Class of Coarse Aggregate • > 5% in any cementitious or SCM proportion Resubmittal in accordance with • > 10% Aggregate Proportions 2461.2.F.3.a • Admixture Sources * Only one (1) increase in cementitious or SCM allowed per mix design, next adjustment requires resubmittal in accordance with 2461.2.F.3.a, "Preliminary Test Data Requirements for Level 2 Mixes" 5 -40.14 MnDOT 2461.2.G shall be deleted. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 40 S.P. 113 - 010 -022 S -40.15 The first paragraph of MnDOT 2461.3.A.9 shall be deleted and replaced with the following: Provide horizontal axial- revolving blade type mixers (single or multiple shaft) in accordance with the applicable requirements for conventional type mixers in accordance with 2461.3.A.I through 2461.3.A.7 and this subsection. S -40.16 The first sentence of MnDOT 2461.3.D. Lc shall be deleted and replaced with the following: Separately measure each type of mixing water on scales or water metering devices containing the following: S -40.17 The fifth paragraph of MnDOT 2461.3.D.2 shall be deleted and replaced with the following: Provide and use only sacked cement in the original mill containers unless the Contractor calibrates the mixer for the specific materials in use. Do not use previously opened sacks. S -40.18 MnDOT 2461.3.F.1.a(2) shall be deleted and replaced with the following: (2) The Producer will complete MnDOT Form 2163, Concrete Plant Contact Report, prior to the on -site inspection with the Department Representative. (2.1) A MnDOT Certified Concrete Plant Level 1 or 2 Technician, representing the Producer, signs the Concrete Plant Contact Report certifying compliance with the Certified Ready Mix requirements and continual maintenance of the plant to assure that the plant can produce concrete meeting MnDOT Specifications. (2.2) A MnDOT Certified Concrete Plant Level 1 or 2 Technician, representing the Department, signs the Concrete Plant Contact Report signifying that the plant complies with all requirements prior to concrete production. S -40.19 MnDOT 2461.3.F.1.a(3) shall be deleted and replaced with the following: (3) Include a site map showing stockpile locations identified with the MnDOT pit number. S -40.20 MnDOT 2461.3.F. Lb shall be deleted and replaced with the following: F.Lb Maintaining Plant Certification The Producer will maintain plant certification by: (1) Displaying the current Contact Report and site map in plain sight at all times; (2) Updating the Contact Report with any material or equipment changes and submitting to the Department; (3) Sampling and testing the materials in accordance with this section and the requirements of the Schedule of Materials Control; (4) Documenting the production and testing of the materials used in the certified ready -mix concrete in the QC Workbook; (5) Making Producer Plant QC Workbook and QC charts available electronically at all times; (6) Supplying the following information at the request of the Engineer: (6.1) Approved mix design sheets, (6.2) Agency cementitious and admixture test results, (6.3) Agency verification gradation test results, (6.4) Aggregate quality test results. Any procedural changes that cause non- compliance with this program may result in de- certification of the plant and cessation of further production of Department concrete as determined by the Concrete Engineer in accordance with 2461.3.F.4.h, "Certified Ready -Mix Plant Decertification." SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 41 S.P. 113-010-022 S -40.21 MnDOT 2461.3.F.2 shall be modified to include the following: (21) For colored concrete, final color S -40.22 The definition for "Mix design water" and "Batch water" in Table 2461 -13 of MnDOT 2461.3.F.3 shall be deleted and replaced with the following: Term Mix design water Batch water Certified Table 2461 -13 Definition The maximum allowable water content for I cu. yd of concrete. Water actually batched into the truck by the hatcher. Batch water includes potable water and clarified water. S -40.23 MnDOT 2461.3.F.4(7) shall be deleted and replaced with the following: (7) Take cementitious and admixtures samples per Schedule of Materials Control. (8) Document the following samples in the appropriate Sampling Log: (8.1) Cementitious Materials (8.2) Admixtures (8.3) Verification Gradations (8.4) Coarse Aggregate Quality S -40.24 MnDOT 2461.3.F.4.b. 2461.3.F.4.c, 2461.3.F.4.d, and 2461.3.F.4.e shall be deleted and replaced with the following: F.4.b Sampling and Testing Take all samples randomly in accordance with ASTM D 3665, Section 5, at a rate defined in accordance with the Schedule of Materials Control. Perform all sampling and testing in accordance with the Concrete Manual. The Engineer may oversee the QC sampling and testing process. Perform QC gradation and moisture testing at the certified ready -mix plant site. Use mechanical shakers for sieve analysis. Determine the moisture content using the oven -dry method in all fractions of the aggregate. Provide equipment and perform calibrations meeting the requirements of the following: (1) AASHTO T 27, "Sieve Analysis of Fine and Coarse Aggregates," (2) AASHTO T 255, "Total Moisture Content of Aggregate by Drying," (3) AASHTO M 92, "Wire -cloth Sieves for Testing Purpose," and (4) AASHTO M 231, "Weighing Devices Used in the Testing of Materials." F.4.c QC Gradations Complete the Concrete Aggregate Worksheet for each aggregate size and source: (1.l) QC gradations; (1.2) Verification Companion Gradations; The Engineer will not allow a Verification Companion Gradation as a substitute for a QC Gradation. Identify QC companion samples with the following information: (2.1) Date, (2.2) Test number, (2.3) Time, (2.4) Type of material, SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 42 S.P. 113-010-022 (2.5) Plant, and (2.6) Sampling location. FAA Aggregate Gradation QC Charts Complete the MnDOT Aggregate Gradation Control Charts for each aggregate size and aggregate source: (1) Record Producer QC gradation and Department Verification Companion gradation results. These results are included in the moving average calculation. (2) Record Department Verification Gradation results. These results are not included in the moving average calculation. F.4.e Moisture Content Complete the Batching Report for each aggregate size and source. S -40.25 MnDOT 2461.3.F.4.g shall be deleted and replaced with the following: F.4.g Signing the Certificate of Compliance The Producer's MnDOT Certified Plant Level 1 or Level 2 technician will: (1) Review the first Certificate of Compliance for each mix type, each day, for accuracy; and (2) Legibly hand sign the Certificate of Compliance at a location designated for Producer signature signifying agreement to the terms of this program and to certify that the materials comply with the requirements of the Contract; and (3) Write their MnDOT Technical Certification Number next to their signature. S -40.26 MnDOT 2461.3.F.4.h shall be deleted and replaced with the following: F.4.h Certified Ready -Mix Plant Decertification The Concrete Engineer, with coordination from the Engineer, may decertify the plant and halt production of concrete under any of the following conditions: (1) Unauthorized procedural, material, or equipment changes made after the completion of the Concrete Plant Contact Report, (2) Failure to meet the required testing rates, (3) Failure to complete required documents, (4) Disregards any of the requirements of this section, and (5) Falsification of test records or certificates of compliance. S -40.27 NInDOT 2461.3.F.5 shall be deleted and replaced with the following: F.5 Quality Assurance (QA) The Engineer's responsibilities include the following: (1) Confirm the Producer's QC Workbook and aggregate gradation quality charts are accurate and up -to -date; (2) Check Certificate of Compliance for completeness and accuracy; (3) Spot check the actual hatching of concrete to verify batch weights and tolerances; (4) Check the bins and stockpiles for segregation, contamination, and interblending of the aggregates; (5) Obtain Aggregate Quality samples per Schedule of Materials Control; (6) Observe Producer's Certified Technician obtain aggregate samples and run gradation and moisture tests when possible; (7) Verify cement, fly ash, and admixtures are certified and approved; (8) Obtain cement, fly ash, and admixtures samples per the Schedule of Material Control; (9) Provide the following test results to the Producer in a timely manner: SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 43 S.P. 113 -010 -022 (9.1) Cementitious Materials (9.2) Admixtures (9.3) Verification Gradations (9.4) Coarse Aggregate Quality 5 -40.28 The first paragraph of MnDOT 2461.3.G.I shall be deleted and replaced with the following: Notify the Engineer at least 24 h before beginning concrete production to allow the Engineer time to provide inspection forces needed for the work and to approve preparations for concrete placement. If the Contractor fails to provide 24 h notice, the Engineer may delay concrete placement and will consider any concrete incorporated into the work as unauthorized in accordance with 1512.2, "Unauthorized Work." The Engineer will consider any delays to the Contract resulting from unauthorized work as non - excusable in accordance with 1806.2.C, "Non- Excusable Delays." 5 -40.29 MnDOT 2461.3.G.2 shall be deleted and replaced with the following: G.2 Placement Temperatures Maintain concrete temperature from 50 OF to 90 OF until placement. Unless Engineer approved cold weather protection plans are in — place, do not place concrete when the air temperature is either of the following at the point of placement: (1) Below 36 °F, or (2) The National Weather Service predicts the temperature to fall below 36 OF within the following 24 h period. S -40.30 MnDOT 2461.3.G.4 shall be deleted and replaced with the following: G.4 Field Adjustments Mix the load a minimum of 5 min or 50 revolutions at mixing speed after addition of admixture or water. G.4.a Water Adjustments The Engineer will allow water adjustments in accordance with all the following: (1) Prior to discharging approximately 1 cubic yard of concrete, (2) Water available to add stated on the Certificate of Compliance, and (3) Concrete is within 60 min from the initial batch time stated on the Certificate of Compliance. G.4.b Water Adjustments for Concrete Placed by the Slip -Form Method The Engineer will allow water adjustments for all grades of concrete placed by the slip -form method, except Grade A paving concrete, in accordance with all of the following: (1) If water is available to add as stated on the Certificate of Compliance. (2) Concrete is within 60 min from the initial batch time stated on the Certificate of Compliance. G.4.c Admixture Adjustments Approved admixture additions are allowed within 90 min from the initial batch time stated on the Certificate of Compliance. If the load of concrete has no available water to add, or the load is greater than 60 minutes old, the Engineer will allow one admixture adjustment diluted with up to 2 gallons of water. G.4.d Consistency and Air Content Adjustments The Engineer will test the concrete for compliance with 2461.3.G.7, "Consistency," and 2461.3.G.8, "Air Content," in accordance with the following: SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 44 S.P. 113-010-022 (1) If the first test taken by the Engineer passes, the Engineer will continue verification testing in accordance with the Schedule of Materials Control. (2) If the test taken by the Engineer fails, make adjustments and perform any quality control testing before the Engineer performs a final test. Acceptance or rejection of the truck is based on the Engineer's final test result. (3) The Engineer will test up to two additional trucks in accordance with items (1) and (2) above, and (4) If the concrete does not meet the specification after those three trucks, the Engineer will reduce their verification testing rate to once per truck for acceptance for the remainder of the pour. For concrete mixes 3U1 7A and 3U18, allow mix to hydrate 5 min before slump test to assure all cement is saturated. S -40.31 MnDOT 2461.3.G.5, 2461.3.G.5.a, 2461.3.G.5.b and 2461.3.G.5.c shall be deleted and replaced with the following: G.5 Test Methods and Specimens Perform random sampling and testing in accordance with the Concrete Manual and determine testing rates meeting the requirements of the Schedule of Materials Control. The Engineer performs random sampling and testing in accordance with the Concrete Manual, determines testing rates meeting the requirements of the Schedule of Materials Control. Anyone fabricating concrete cylinders or beams is required to hold either a current ACI Field 1 Technician Certification or a MnDOT Field 1 Technician Certification. Anyone performing concrete strength testing of cylinders is required to hold one of the following current certifications: (1.1) ACI Strength Testing Technician Certification, (1.2) MnDOT Strength Testing Technician Certification, or (1.3) WisDOT Strength Testing Technician Certification. The Engineer will furnish molds based on the maximum size aggregate for the test specimens in accordance with the following: (2.1) 4 in x 8 in cylinder molds, (2.2) 6 in x 12 in cylinder molds for maximum aggregate sizes greater than 11/4 in, and (2.3) 6 in x 6 in x 20 in beam molds; use other beam mold sizes as approved by the Engineer The Engineer will transport the cylinders in accordance with the following: (3.1) A minimum of at least 16 hours after casting. (3.2) A minimum of at least 12 hours after casting for high early strength (28 -day) cylinders. (3.3) With securely placed tight fitting plastic caps on plastic molds, or by other methods to prevent moisture loss. (3.4) Protected from jarring, bouncing, and freezing. (3.5) No greater than 4 hours, unless cylinders are maintained in the moistened condition at ambient temperature of 60 °F to 80 °F. G.5.a Moist Curing Environments At least 24 hours prior to concrete placement, provide moist curing environment(s) of adequate size and number, including all ancillary equipment and materials, necessary to maintain moist curing environment(s) in accordance with ASTM C31, 2031.3.C, "Special Requirements," and the following: SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 45 S.P. 113-010-022 For each separate moist curing environment: (1) Provide a calibrated waterproof digital temperature recording device that records the daily maximum and minimum ambient temperatures for the previous 7 days. (2) Maintain the standard (28 -day) strength cylinders or beams in an ambient temperature range from 60 °F to 80 °F during the initial and intermediate curing periods. The Engineer will monitor the daily temperatures of the curing environments. Agency monitoring does not relieve the Contractor of the responsibility to maintain the water temperature as specified herein. If the Contractor fails to comply with the requirements shown here -in, the Engineer may delay concrete placement and will consider any concrete incorporated into the work as unauthorized in accordance with 1512.2, "Unauthorized Work." The Engineer will consider any delays to the Contract resulting from unauthorized work as non - excusable in accordance with 1806.2.C, "Non - Excusable Delays." All costs related to providing and maintaining moist curing environments is considered incidental. G.S.b Standard (28 -day) Strength Cylinders The Engineer will perform the following for standard strength cylinders: (1.1) Cast cylinders (sets of 3) for testing at 28 days in accordance with the Schedule of Materials Control. (1.2) Mark cylinders for identification of the represented unit or section of concrete in accordance with the following: (L1, 1.2, 1.3/ 2.1, 2.2, 2.3/ 3.1, 3.2, etc.). In order to differentiate between portions of a project, prefixes and suffixes are allowed. (13) Cure the cylinders meeting the requirements of the 2461.3.G.5.a, "Moist Curing Environments." (1.4) Complete the MnDOT Concrete Cylinder Identification Card including the results for air content, slump (if required), concrete, and air temperature testing from the same load. The Concrete Engineer defines the curing period as the following: (2.1) Initial curing period as immediately after final finishing for a period of up to 48 hours. After the initial curing period, the Engineer will both transport and further cure the cylinders in the provided curing tanks for intermediate curing up to 7 days from the day of casting or deliver directly to the laboratory for final curing. (2.2) Intermediate Curing Period as the time between specimen pickup from the initial curing site and delivery to the laboratory for final curing, not to exceed 7 days from the day of casting. (2.3) Final Curing Period as the time when cylinders are cured in the laboratory within 7 days of casting. 5 -40.32 MnDOT 2461.3.G.5.c shall be deleted and replaced with the following: G.S.c Field Control Strength Cylinders The Engineer will use field control cylinders to determine when the sequence of construction operations is dependent upon the rate of concrete strength development. The Engineer will cast field control cylinders to determine when the concrete attains the required strength for all desired field control limitations. The Engineer will perform the following for field control strength cylinders: (1) Cast up to three (3) field control cylinders per structure. The Contractor is responsible for any additional field control cylinders. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 46 S.P. 113- 010 -022 (2) Mark field control cylinders for identification of the represented unit or section of concrete in accordance with 2461.3.G.5.a(2). (3) Cure the cylinders in the same location and under the same conditions as the concrete structure or unit involved meeting the requirements of the Concrete Manual, (3.1) For High -Early (HE) Concrete as defined in Table 2461 -7, the Engineer will allow the Contractor to cure field control cylinders using insulated cylinder storage compartment. Provide insulated storage compartments and any equipment necessary to continually monitor temperatures of both the newly poured concrete structure and the insulated cylinder storage compartment. Maintain the insulated storage compartment at a temperature no greater than 5 °F above the newly poured concrete structures temperature. When the temperature exceeds 5 °F or the temperature monitoring system fails, the Engineer will not accept field control cylinder results. (4) Complete the MnDOT Concrete Cylinder Identification Card including the results for air content, slump (if required), concrete, and air temperature testing from the same load. During the Departments normal laboratory operating hours, the Engineer will perform compressive strength testing on the field control cylinders. If Project scheduling requires testing outside of the Departments' laboratories normal operating hours or the Department's nearest laboratory is greater than 30 miles from the project; Provide certified and calibrated hydraulic cylinder - testing machine within 30 miles of the project and at a location approved by the Engineer. Test the field control cylinders in the presence of the Engineer in accordance with ASTM C39. The Engineer will allow the Contractor to submit a strength - maturity relationship curve for use in lieu of field control cylinders in accordance with 2461.3.G.6, "Estimating Concrete Strength by the Maturity Method." S -40.33 MnDOT 2461.3.G.5.e, 2461.3.G.5.e(1), 2461.3.G.5.e(2), 2461.3.G.5.e(3), and 2461.3.G.5.e(4) shall be deleted and replaced with the following: G.5.e Concrete Compressive Strength The Concrete Engineer defines a single strength test as the average (28 -day) strength of three (3) cylinders fabricated from a single sample of concrete and cured in accordance with the Concrete Manual. If 1 of the set of 3 cylinders shows a strength variability of greater than 10% outside of the initial calculated three cylinder average strength, the Engineer will average the remaining two cylinders and report as the 28 -day compressive strength. If 2 or more of the set of 3 cylinders shows a strength variability greater than 10% outside of the initial calculated average strength, the Engineer will use all three cylinder results to calculate the 28 -day compressive strength. The Engineer will consider concrete acceptable in accordance with Table 2461 -17 provided both the single strength test and the moving average of 3 consecutive strength tests are met for a required f c. Table 2461 -17 Acceptance Criteria for Standard 28-day Cylinders Single Strength Moving average of 3 consecutive strength tests x tests f c < 5000 psi > (f c — 500 psi) > f c fc >5000psi >0.90 *fc >fc * If a project does not establish a moving average of 3 consecutive strength tests, use the average of 2 strength tests to determine acceptance. If there is only a single strength test, contact the Concrete Engineer for recommendation. SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 47 S.P. 113 -010 -022 S -40.34 MnDOT 2461.3.G.5.f, 2461.3.G.5.f(1), 2461.3.G.5.f(2), 2461.3.G.5.f(3), and 2461.3.G.5.f(4) shall be added: G.5.f Non - Conforming Material If the Contractor places concrete not meeting the strength requirements of 2461.3.G.5.e, "Concrete Compressive Strength" into the work, the Engineer may not accept nonconforming concrete at the contract unit price. The Engineer will evaluate non- conforming strength results in accordance with the following: G.5.f(1) Single Strength Test <_ 500 psi Below f c If any single strength test (3 cylinders) shows a strength < 500 psi below f c and is not deficient due to erroneous /invalid strength tests as defined in 2461.3.G.5.f(4), "Moving Average Below fc ", no additional investigation will occur and the Engineer will include the low strength test result in the moving average. G.5.f(2) Single Strength Test > 500 psi Below fc If any single strength test (3 cylinders) shows a strength > 500 psi below f and is not deficient due to erroneous /invalid strength tests as defined in 2461.3.G.5.f(4), "Moving Average Below f c ", the Engineer, in conjunction with the Concrete Engineer, will investigate to determine if the concrete has attained the critical load - carrying capacity. The investigation may consist of, but is not limited to reviewing the following (1) Sampling and testing plastic concrete (2) Handling of cylinders (3) Cylinder curing procedures (4) Compressive strength testing procedures (5) Certificate of Compliances (6) Evaluation using Rebound Hammer (ASTM C803), Penetration Resistance (ASTM C805), or other method approved by the Concrete Engineer (7) Review of the design calculations for the concrete in question If it is determined that the concrete represented by the single strength test has attained the critical load carrying capacity, the Engineer will include the strength test in the moving average calculation. If it is determined that the concrete has not attained the critical load carrying capacity, the Engineer will direct the Contractor to remove and replace concrete in accordance with 1503, "Conformity with Contract Documents," and 1512, "Unacceptable and Unauthorized Work." The Contractor may dispute the remove and replace order within 7 days of written notification by the Engineer. If the Contractor disputes the order, follow the dispute resolution coring procedure in accordance with 2461.3.G.5.f(3), "Dispute Resolution Coring for Single Strength Test Failure." G.5.1)(3) Dispute Resolution Coring for Single Strength Test Failure The Engineer and Contractor will mutually agree on an Independent Third Party to core and test the concrete in accordance with ASTM C42. (1) The Engineer will identify a minimum of three (3) locations for the Independent Third Parry to core. (2) The Independent Third Party will take one (1) core at each location. (3) The Independent Third Parry will complete all coring within 14 days of notification of the low strength concrete. (4) The Contractor is responsible for ensuring the core holes are repaired. The Engineer, in conjunction with the Concrete Engineer, will review the core test results and evaluate in accordance with Table 2461 -18, providing all other concrete tests meet requirements. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 48 S.P. 113- 010 -022 Table 2461 -18 Evaluation of Core Test Results Core (average of 3 cores) Engineer considers Cost of Coring Resolution: Test Results: concrete: and Testing: represented by test that brought moving average into non- conformance > 85% of f c and Acceptable to Agency No monetary reduction for single No individual core is < 75% of f c remain in place strength test failure. Engineer. < 87.5% of f Remove and replace concrete in can remain in place, the Engineer will adjust the concrete at a reduction of $100.00 accordance with 1503, "Conformity < 85% of f c Unacceptable Contractor with Contract Documents," and 1512, "Unacceptable and Unauthorized Work," as directed by the Engineer, G.5.f(4) Moving Average Below re If the moving average of three (3) consecutive strength tests < fc, the Concrete Engineer will review the strength test results and determine if a new mix design is required in accordance with Table 2461 -6 or Table 2461 -7. The Engineer will remove any strength test results from the moving average if the following occurs: (1.1) After investigation the deficient concrete strength is found to be an erroneous /invalid strength test (1.2) The suspect concrete was removed and replaced (1.3) Dispute resolution coring identified the concrete acceptable to remain in place Reasons for funding erroneous test results as determined by the Concrete Engineer: (2.1) Cylinders kept in the field longer than 7 days, (2.2) Improper handling/curing of the cylinders, and/or (2.3) Improper testing of the cylinders For the quantity of non - conforming concrete not meeting the moving average of three (3) consecutive strength tests, the Engineer will make determinations regarding the disposition, payment, or removal of the concrete in accordance with Tables 2461 -19. Table 2461 -19 All Concrete Grades Moving average of 3 Monetary Reduction for Moving Average Failure consecutive strength tests $20.00 per cubic yard or 10% of the Contractor - provided invoice for quantity > 93.0% of f c represented by test that brought moving average into non- conformance $50.00 per cubic yard or 25% of the Contractor - provided invoice for quantity > 87.5% and < 93.0% of f represented by test that brought moving average into non - conformance Remove and replace concrete in accordance with 1503, "Conformity with Contract Documents," and 1512, "Unacceptable and Unauthorized Work," as directed by the Engineer. < 87.5% of f If the Engineer, in conjunction with the Concrete Engineer, determines the concrete can remain in place, the Engineer will adjust the concrete at a reduction of $100.00 per cubic yard or 50% of the Contractor- provided invoice for quantity represented by test that brought moving average into non - conformance. SPECL4L PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 49 S.P. 113 -010 -022 5 -40.35 MnDOT 2461.3.G.6.a and 2461.3.G.6.a(1) shall be deleted and replaced with the following: G.6.a Development of Maturity- Strength Relationship The Engineer will allow development of the maturity curve in either the laboratory or in the field, provided the precautions for field curing and testing are followed, as described in the Concrete Manual. Test the concrete strength specimens for development of the maturity curve. Determine the strength development criteria based on the type of concrete in accordance with the following: (1) For concrete pavement: 2301.3.0, "Opening Pavement to Traffic," (2) For concrete pavement repairs: 2302.3.13.4, "Opening to Construction Equipment and Traffic," (3) For concrete structures: 2401.3.G, "Concrete Curing and Protection" (4) For sidewalks, driveway entrances and curb and gutter, a minimum of 3000 psi [20.6 MPa] is required. Until an acceptable strength - maturity relationship is established, verify strength using concrete beams or cylinders. G.6.a(1) Procedure Estimate the in -place concrete strength using the maturity method as described in ASTM C 1074, except as noted in this specification as follows: (a) Fabricate 15 cylinders plus 2 additional cylinders to embed temperature sensors or 15 beams; (b) The Nurse -Saul method of computing maturity; (c) A datum temperature of -10 °C (14 °F); (d) Maintain specimens at temperatures greater than 50° F for the duration of the maturity curve development. Test three (3) strength specimens at five different ages specified in Table 2461 -20 for the type of concrete work. Table 2461 -20 Chronological Testing Ages of Strength Specimens Type of Concrete Testing Ages x Concrete Pavement as defined in 2301 Determined by the Contractor I� Normal Strength Concrete as defined in 2461 1, 2, 3, 7 and 28 days High -Early (HE) Concrete as defined in 2461 12 hours, 1, 2, 7 and 28 days Ultra High -Early (UHE) Concrete as defined in 2302 3, 4 and 8 hours, 1 and 14 days * The Contractor may adjust the testing ages if approved by the Engineer, in conjunction with the Concrete Engineer. Test at least two (2) sets of strength specimens before the anticipated opening strength. 5 -40.36 The first paragraph of MnDOT 2461.3.G.6.c shall be deleted and replaced with the following: Perform a verification strength test to ensure the in -place concrete strength correlates with the maturity - strength relationship as follows: (1) Notify the Engineer at least 24 hours in advance of the time and location of both the verification specimen's casting and strength testing. SPECL4L PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 50 S.P. 113-010-022 (2) When the maturity curve is developed prior to the start of construction or in a laboratory, perform a verification strength test on the first day of concrete placement. (3) Perform a verification strength test at least once every seven (7) calendar days during normal plant production for concrete paving. For all other concrete, perform a verification strength test at least once every thirty (30) calendar days during normal plant production. (4) If the plant has not supplied concrete to the project for a period of greater than thirty (30) calendar days, perform a verification strength test. (5) Cast 3 cylinders plus one additional cylinder to embed the temperature sensor or 3 beams for each verification strength test. (6) The Engineer will test the concrete strength specimens for verification of the maturity curve as close to the maturity value determined to represent the opening, loading or form removal strength criteria in accordance with the Concrete Manual. (7) Record the results of verification test on the Concrete Maturity - Strength Verification form and submit an updated copy with the newest test result to the Engineer the day that the verification test is completed. (8) The Engineer may direct additional verification testing as necessary. (9) Submit electronic data from the maturity meters or temperature loggers in a comma - delimited (.txt or .csv) file format to the Engineer, which includes at least the project number, date and location of the meters or loggers. S -40.37 MnDOT 2461.3.G.6.d(4), 2461.3.G.6.d(5) and 2461.3.G.d(6) shall be deleted. S -40.38 MnDOT 2461.3.G.7.b, Table 2461 -25 and Table 2461 -26 shall be deleted and replaced with the following: G.7.b Non - Conforming Material Only place concrete meeting the slump requirements in the work. If the Contractor places concrete not meeting the slump requirements into the work, the Engineer will not accept non - conforming concrete at the contract unit price. For the quantity of non - conforming concrete not meeting the required slump, the Engineer will make determinations regarding the disposition, payment, or removal of the concrete in accordance with Tables 2461 -23 and 2461 -24. Table 2461 -23 All Concrete Grades > 1 in slum Outside of Slump Range Monetary Reduction Below slump range * No deduction for materials placed as approved by the Engineer. $20.00 per cubic yard or 10% of the Contractor- provided — 1' /2 in above slump range invoice for quantity represented by the materials placed $50.00 per cubic yard or 25% of the Contractor- provided > 1' /2 in above slump range invoice for quantity represented by the materials placed * The Engineer will not reduce contract unit price for low slump concrete placed with the slip -form method as a roved by the Engineer. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 20-15 Page 51 S -40.39 MnDOT 2461.3.G.8.a shall be deleted and replaced with the following: G.8.a Non- Conforming Material Only place Type 3 concrete meeting the air content requirements in the work. If the Contractor places Type 3 concrete not meeting the air content requirements into the work, the Engineer will not accept non - conforming concrete at the contract unit price. For the quantity of non - conforming concrete not meeting the required air content, the Engineer will make determinations regarding the disposition, payment, or removal in accordance with Table 2461 -27. Table 2461 -27 Table 2461 -24 Air Content, % Low Slump Concrete > 10.0 From %Z in to 1 in Outside of Slumg Range Monetary Reduction Below slump range * No deduction for materials placed as approved by the Engineer <' /2 in above slump range — $20.00 per cubic yard or 10% of the Contractor- provided invoice 5.0-8.5 for quantity represented by the materials placed > 3/4 in above slump range — $50.00 per cubic yard or 25% of the Contractor- provided invoice >4.0 — <5.0 for quantity represented by the materials placed * The Engineer will not reduce contract unit price for low slump concrete placed with the slip -form method as approved by the Engineer. S -40.39 MnDOT 2461.3.G.8.a shall be deleted and replaced with the following: G.8.a Non- Conforming Material Only place Type 3 concrete meeting the air content requirements in the work. If the Contractor places Type 3 concrete not meeting the air content requirements into the work, the Engineer will not accept non - conforming concrete at the contract unit price. For the quantity of non - conforming concrete not meeting the required air content, the Engineer will make determinations regarding the disposition, payment, or removal in accordance with Table 2461 -27. Table 2461 -27 All Concrete (Target Air Content 6.5 %) Air Content, % Monetary Reduction > 10.0 $50.00 per cubic yard or 25% of the Contractor - provided invoice for quantity represented by the materials placed >8.5 — 10.0 $20.00 per cubic yard or 10% of the Contractor- provided invoice for quantity represented b the materials placed 5.0-8.5 The Engineer will pay 100 percent of the contract unit price for the concrete represented, for material placed as approved by the Engineer. >4.0 — <5.0 $50.00 per cubic yard or 25% of the Contractor - provided invoice for quantity represented by the materials placed The Engineer, in conjunction with the Concrete Engineer will determine the concrete suitability for the intended use in accordance with 1503, "Conformity with Contract >3.5 —:A.0 Documents," and 1512, "Unacceptable and Unauthorized Work." This may include testing on the hardened concrete as required by the Engineer, in conjunction with the Concrete Engineer. Remove and replace concrete in accordance with 1503, "Conformity with Contract Documents," and 1512, "Unacceptable and Unauthorized Work," as directed by the Engineer. This may include testing on the hardened concrete as required by the Engineer, _< 3.5 in conjunction with the Concrete Engineer. If the Engineer, in conjunction with the Concrete Engineer, determines the concrete can remain in place, the Engineer may not pay for the concrete and may require coating with an approved epoxy penetrant sealer from the Approved/Qualified Products List. S -40.40 MnDOT 2461.3.G.9 shall be deleted and replaced with the following: G.9 Allowable Testing Tolerances Allowable tolerances are based on the results from two different testers and two different pieces of equipment from the same sample. Perform the test within the allowable tolerances in accordance with Table 2461 -28. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 52 S.P. 113 -010 -022 Table 2461 -28 Allowable Testing Tolerances Test Allowable Tolerance Air content, % volume of concrete 1.0% Average slump: < 4 in 1.0 in 4 in — 6 in 1.5 in >6in 2.0 in Unit weight, per cu. ft, calculated to an air -free basis 1.0 lb/cu. ft Compressive strength 3,000 psi — 8,000 psi, average of 3 tests 500 psi S -41 (2471) STRUCTURAL METALS REVISED 01/08/16 - MODIFIED The provisions of MnDOT 2471 are modified with the following: S -41.1 The entire section of MnDOT 2471.3.13.3, "Submittal for Engineer's Review and Approval," is deleted and replaced with the following: Submit shop drawings from the Fabricator directly to Ken Taillon (ktaillon @sehinc.com) at: SEH Attn: Ken Taillon 3535 Vadnais Center Drive St. Paul, MN 55110 Submit two sets of prints of required shop detail drawings, meeting 2471.3.13.2, "Format," from the fabricator to the Engineer for review and release for fabrication. Shop drawings must comply with the contract documents. Provide written authorization from the design FOR (Engineer of Record) for any deviation from the contract documents. Incorporate all contractor comments into shop drawings prior to submittal to reviewer. The reviewer will return one set of prints of the shop detail drawings to the Fabricator with comments. Submit only checked drawings, in complete collated sets, from the fabricator for review. The Contractor may submit details such as ice - breakers, anchorages, bearing plates, and castings, separately to facilitate the work. Fabricator may submit the shop drawings to the Contractor. Stamp these drawings with "For Contractor Use Only ". Do not forward these stamped drawings to SEH. Submit a schedule showing the submission dates of shop drawings and anticipated dates for shop fabrication from the fabricator, as directed by the Engineer. Arrange the schedule to avoid delay in completing the work. If constructing a structure composed of several units, consider submitting shop detail drawings of the separate units in proper order to expedite the review and release for fabrication of the details. If the Engineer requests changes to the submitted drawings or if the fabricator makes additional changes not required by the Engineer, provide revised drawings, with revision control, from the fabricator with circles, underscores, or other marks to distinguish the changes from unchanged details or dimensions. The Engineer will release shop detail drawings for fabrication after corrections are completed. Provide six sets of corrected drawings and additional copies as required by the contract or requested by the Engineer from the fabricator at no additional cost to the City. Mark the corrected drawings as Revision 0 and remove all comments and marks to make clean drawings for approval, stamping and distribution for use. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 53 S.P. 113 -010 -022 The shop drawings approved by the Engineer will become part of the Contract. Do not make changes on approved drawings unless otherwise approved by the Engineer in writing. Mark changes approved by the Engineer on the approved shop drawings with revision version in number sequence next to all changes and resubmit them for approval, stamping as revised sheet and distributing to replace the superseded version of drawings. The Engineer's approval of shop drawings will not relieve the Contractor of full responsibility for submission of complete and accurate drawings and for the accurate assemb141y and fitting of all structural members. S -41.2 The entire section of MnDOT 2471.3.M. Ld, "Radiographic Testing (RT)," is deleted and replaced with the following: Provide Computed Radiography (CR) or Digital Radiography (DR) in lieu of conventional radiography. The City will retain ownership of radiographic images provided by the Contractor. Name image files with bridge number and weld identification shot number. Electronic Radiography method(s) consist of CR utilizing Storage Phosphor Imaging Plate (SPIP) or DR utilizing a Digital Detector Array (DDA). Ensure CR complies with ASTM E2033, "Standard Practice for Computed Radiology (Photostimulable Luminescence Method)," and ASTM E2445, "Standard Practice for Performance Evaluation and Long -Term Stability of Computed Radiography Systems ". Ensure DR complies with ASTM E2698, "Standard Practice for Radiological Examination Using Digital Detector Arrays," and ASTM E2737, "Standard Practice for Digital Detector Array Performance Evaluation and Long -Term Stability ". Ensure SPIP and DDA widths are sufficient to depict all portions of the weld joint, including the HAZs, and provide sufficient additional space for the required hole -type or wire -type IQIs and radiograph identification without infringing upon the area of interest. Ensure all radiographs radiographic images are free from mechanical, chemical, or other blemishes to the extent that they cannot mask or be confused with the image of any discontinuity in the area of interest in the radiograph. Such blemishes include, but are not limited to the following: (1) False indications due to defective plates or internal faults; and (2) Artifacts due to non - functional pixels. Ensure the contrast and brightness range that demonstrates the required sensitivity be considered valid contrast and brightness values for interpretation. When multiple IQIs are utilized to cover different thickness ranges the contrast and brightness range that demonstrates the required IQI image of each IQI is determined. Intervening thicknesses may be interpreted using the overlapping portions of the determined contrast and brightness ranges. When there is no overlap, additional IQI(s) are to be used. When performing CR or DR, ensure a measuring scale is utilized to serve as a length reference. The scale is to be attached to the SPIP holder or DDA prior to exposure. As an alternative, when using SPIPs a transparent scale with opaque gradations may be placed on the SPIP prior to processing. In any case, the reference comparator cannot interfere with interpretation of the image. Provide a work station monitor for evaluating images equipped with a display resolution with a pixel count which is at least equal to the pixel count of the direct imaging plate. Archive images using a reproducible electronic medium. Provide data file format and storage that comply with ASTM E2339, "Standard Practice for Digital Imaging and Communication in Nondestructive Evaluation (DICONDE)" format. Documented and prove the image archival method (at system SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 54 S.P. 113- 010 -022 installation). Include the image file nomenclature to enable the retrieval of images at a later date. Archived image files must maintain the bit depth and spatial resolution of the original image. Image data compression is not allowed. Preserve (store) the initial image presented by the CR or DR system without altering the original spatial resolution and pixel intensity. Preserve (store) the final image used for disposition when additional image processing is applied (excluding window /level and digital image zoom) to achieve the required image quality level. Store annotations made to the image in a manner which will not mask or hide diagnostic areas of the image. S -42 (2504) ADJUST VALVE BOX SP2016 -175 - MODIFIED This work shall consist of adjusting existing valve boxes to new surface elevations without changing the elevation of the valves. The work shall be performed to the satisfaction of the Engineer in accordance with the following: Measurement will be made by the number of boxes adjusted. Payment will be made under Item 2504.602 (Adjust Valve Box) at the Contract bid price per each, which shall be compensation in full for all costs incidental thereto including, but not limited to, furnishing extensions as required and replacing any materials damaged by the Contractor's operations. This work shall consist of pouring inverts at the base of existing drainage structures to connect existing pipe inverts in accordance with the Plans, the applicable MnDOT Standard Specifications, and the following: Measurement will be made by the number of drainage structures reconstructed. Payment will be made under Item 2506.602 (Reconstruct Drainage Structure) at the Contract bid price per each, which shall be compensation in full for all costs incidental thereto including, but not limited to, furnishing, placing, and forming mortar at the manhole base to connect to all existing pipe inverts. S -44 (2521) 5" CONCRETE WALK- SPECIAL This work consists of constructing 5" Concrete Walk - Special in accordance with these Special Provisions, the details in the Plan, and the following: S -44.1 CONSTRUCTION REQUIREMENTS Construct 5" Concrete Walk - Special in accordance with the dimensions and details in the Plan, and in accordance with the requirements of MnDOT Standard Specifications 2521. S -44.2 METHOD OF MEASUREMENT Measurement of 5" Concrete Walk- Special will be made by top surface area in square feet. S -44.3 BASIS OF PAYMENT Payment will be made under Item 2521.501 (5" Concrete Walk Special) at the Contract bid price per square foot, which shall be compensation in full for all costs of furnishing and installing the required materials to the lines and grade on the plans, as specified. Furnishing and drilling Epoxy- Coated Reinforcement Bars will be paid under separate bid items. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 55 S.P. 113-010-022 S -45 (2531) CONCRETE CURB AND GUTTER (ADA) SP2016 -187 — MODIFIED This work shall consist of constructing Concrete Curb and Gutter and the necessary Aggregate Base in accordance with the provisions of MnDOT 2531, other Contract provisions, and the following: Concrete Curb and Gutter - The curb and gutter shall be constructed to meet the details in the Plan. The transition from the existing curb and gutter section to the new curb and gutter section should occur within 5 -10 feet of the point where the curb and gutter construction begins. The gutter inslope shall be constructed as detailed in the Plans. The gutter inslope transitions shall occur outside of the zero height curb area. The proposed gutter width shall be modified as necessary so as not to protrude into the adjacent travel lane with approval from the Engineer. At all locations where new curb and gutter meets existing curb and gutter, place saw cut to leave a minimum 3 feet of in place curb and gutter between an existing joint and the proposed saw cut. If the 3 foot minimum cannot be maintained, place the saw cut over the existing joint. At this saw cut location the Contractor shall drill and grout 2 No. 4 x 12 inch long reinforcement bars (Epoxy coated). Reinforcement bars shall be placed a minimum of 3 inches from face and back of gutter section. When not accounted for in the Plan, payment for these bars will be made under Item 2301.602 (Drill & Grout Reinforcement Bar (Epoxy Coated)) by the Each at the Predetermined Price of $ 10.00 per bar furnished and installed. The Contractor must form, at a minimum, the top 1.5 inches of the gutter face. The Contractor shall not use the existing roadway edge as a form for the top 1.5 inches of the gutter face unless approved by the Engineer. If the gutter flow line in front of the proposed curb ramps exceeds 2.0% slope, the flow line should be adjusted to allow a flatter slope in front of the curb ramps, but still provide positive drainage. The bituminous patch in front of the truncated domes must not exceed 5% measured perpendicular to the flow line. In no case shall a newly constructed curb and gutter flow line exceed 8% unless the roadway profile exceeds 8 %. The Contractor shall not alter any existing drainage patterns unless called for in the plans or approved by the Engineer. The Contractor shall construct a contraction joint through the curb and gutter section at the bottom of the curb height transitions where the curb height equals zero inches. If any curb and gutter joints fall within the PAR, they shall meet MnDOT 25213C. When constructing directional curb where truncated domes are placed perpendicular to the path of travel, the concrete between the grade break/edge of truncated domes and the gutter toe shall be constructed integral. q iii , ii►. This work consists of furnishing and placing 8" Concrete Driveway Pavement using a high -early concrete mixture for all driveways within the project area. In addition, all driveways identified in the Plan that the Contractor is required to maintain continuous access to, shall be constructed half at a time. This work shall be performed in accordance with the applicable MnDOT Standard Specifications, these Special Provisions, the details in the Plan, and the following: S -46.1 CONSTRUCTION REQUIREMENTS Mix design No. 3HE52 shall be used for all concrete driveway pavement on the project in accordance with Section 2461 Structural Concrete of these Special Provisions. All other construction materials needed to produce the mixture and construction requirements to place the mixture shall follow the requirements of MnDOT Standard Specifications 2531. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 S -46.2 METHOD OF MEASUREMENT Created August 20, 2015 Page 56 S.P. 113- 010 -022 8" Concrete Driveway Pavement will be measured by the square yard, based on the length and width of material acceptably placed. S -46.3 BASIS OF PAYMENT Payment will be made under Item 2531.604 (8" Concrete Driveway Pavement) at the Contract bid price per square yard, which shall be compensation in full for furnishing the materials and placement ofthe concrete driveway pavement to the lines and grade on the plans as specified S -47 (2531) TRUNCATED DOMES SP2016 -189 - MODIFIED This work consists of furnishing and installing Truncated Dome Systems (detectable warning surfaces) at pedestrian curb ramps in compliance with the Public Rights -of -Way Accessibility Guidelines (PROWAG). This work shall be performed in accordance with the applicable MnDOT Standard Specifications, these Special Provisions, the details in the Plan, and the following: S -47.1 CONSTRUCTION REQUIREMENTS The Contractor shall select a truncated dome product from the approved products list at http: / /www. dot. state. mn. us / products / miscmaterials /trLmcateddomes.html. The truncated domes shall be placed in concrete and shall be pressed firmly into the concrete to the point that concrete fills the vent holes on the truncated dome plates. No cutting of truncated domes will be allowed unless approved by the Engineer. Any swelling of the concrete that occurs around the truncated domes must be screeded off and the surrounding concrete shall be finished flush with the truncated dome plate edge. To ensure that the truncated domes are well seated in concrete, the Contractor should provide a 3 inch minimum border around the edges of the truncated domes. The Contractor will be allowed to interchange 9 foot 5 inch and 10 foot radial truncated domes when either is called for in the Plan. If the Contractor does make a substitution, the Contractor will be required to modify the curb line radius to match the truncated domes and meet the detectable edge requirements shown on Standard Plan Sheet No. 5- 297.250 (Sheet 4 of 6). The Contractor will be allowed to adjust plan locations of zero inch height curb up to 6 inches laterally to make field fit adjustments for radial truncated domes placement. S -47.2 METHOD OF MEASUREMENT Square or rectangular truncated dome area will be measured by the square foot. Radial Truncated domes will be measured along the long cord and multiplied by 2 feet to compute S.F. S -47.3 BASIS OF PAYMENT Payment will be made under Item 2531.618 (Truncated Domes) at the Contract bid price per square foot, which shall be compensation in full for furnishing and installation of truncated domes. If additional radial domes are required and not called for in the plans they will be paid for at 4 square feet per each additional plate. i 3) ALTERNATE PEDESTRIAN RO REVISED 0 S -48.1 Maintain and guide pedestrian traffic through the Project at all times using continuous Alternate Pedestrian Routes (APRs) per standards set forth in the MN MUTCD Chapter 6D. Provide each APR to the same level of accessibility of each existing access and walkway prior to construction. Incorporate accessible pedestrian SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 57 S.P. 113-010-022 signals (APS), temporary curb ramps, pedestrian barricades, pedestrian channelizers, detectable edges, temporary walkway surfaces and other accessible design features as necessary. Provide continuous walkway surfaces that are smooth, stable and slip resistant. Use accessible device standards as shown in Figures 6K -12 and 6K -13 in the Field Manual. For bypasses and detours, utilize the Alternate Pedestrian Route (APR) Detour detail shown in the Plans as well as Layouts 84 and 85 in the Field Manual. Use 6F.74.1 from the MN MUTCD if using temporary walkway surface devices as part of the continuous walkway surface over short segments of rough, soft or uneven ground. S -4$.2 Minimize disruption to pedestrians to the maximum extent feasible by providing APRs in the following order of preference: Provide an APR on the other side of the street. Where it is not feasible to provide an APR on the other side of the street, provide an APR detour with trailblazing signs. Where it is not feasible to provide an APR detour with trailblazing signs, provide the APR on the same side of the street as the disrupted route utilizing bypasses. If existing parking spots are desired to be used for an APR route within the project limits, contact the Columbia Heights Public Works department for approval and parking banning notification procedures. 5 -48.3 Schedule and coordinate the replacement of pedestrian access to accommodate the needs of businesses and residences 2 days prior to the replacement. Leave the existing sidewalks in -place until such time that it is required to remove them to accommodate new construction. Pedestrian access may be provided to businesses and homes through the use of any public access from adjacent parking lots and side streets. Provide front door access to buildings without alternate public entrances. 5 -48.4 Protect the pedestrian route with pedestrian barricades or pedestrian channelizing devices if it is adjacent to construction, excavation drop -offs, traffic, or other hazards. Protect the pedestrian route with portable barrier if it is on the shoulder, in a parking lane, or in a closed lane adjacent to traffic on a multilane road or if the speed limit is greater than 40 mph. When both sides of a pedestrian route require channelizing devices, use similar types, unless portable barrier is used to protect pedestrians from traffic. S -48.5 No pedestrian curb ramp or blended transition work shall occur concurrently at adjacent intersections. S -48.6 The Contractor is advised that the corridor has Transit service. Re- locations of stops can only be made with the approval of the Engineer. The Contractor is hereby directed to Section S -2 (PUBLIC CONVENIENCE AND SAFETY) of these Special Provisions. 5 -48.7 Notify the Engineer in writing at least 48 hours prior to the start of any construction operation that will necessitate a change in pedestrian access. 5 -48.8 Furnish the name, address, email, and phone number of at least one individual responsible for the maintenance of the APR. This individual shall be "on call' 24 hours a day, seven days per week during the times any devices, furnished and installed by the Contractor, are in place. Submit the required information to the Engineer at the pre - construction meeting. Answer calls immediately and begin corrective measures needed within one hour. If the Contractor is negligent in correcting the deficiency within one hour of notification the Contractor shall be subject to a monetary deduction at the rate of $100.00 per hour when only one residence or location is affected and at the rate of $500.00 per hour in all other cases that the Engineer determines the Contractor has not complied. 5 -48.9 No measurement will be made of the various items that constitute Alternate Pedestrian Route, but all such work shall be construed to be included in the lump sum payment under Item 2563.601 (Alternate Pedestrian Route). The lump sum payment shall be compensation in full for all costs of furnishing, installing, maintaining and removing the individual devices. SPECIAL PROVISIONS - SP2016 BOOR Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 58 S.P. 113-010-022 1 A At the locations indicated in the Plans, adjust each handhole to an elevation as indicated in the Plans in accordance with 2565.3E and as directed by the Engineer. THIS ITEM INCLUDES THE FOLLOWING: 1. Adjust handhole to the elevation of the new surface to the satisfaction of the Engineer. 2. If required, provide and install new handhole(s) and cover(s) to the satisfaction of the Engineer 3. Excavation and backfill. 4. Restoration as directed by the Engineer. Do not reinstall old concrete or metal rings and covers on existing handholes in new sidewalk areas. Replace these concrete or metal rings and covers with new polymer concrete rings and covers. Existing handholes to be adjusted in boulevard areas can have existing concrete or metal rings and covers reused as part of the adjustment work. When required provide and install a new MnDOT approved polymer concrete ring and cover listed on MnDOT's Approved /Qualified Products List for Signals: hM2:/,,'www.dot.state.mn.us/Sroducts/index.btmI Provide and install a new handhole or handhole ring and cover at no expense to the City if the handhole or ring and cover are damaged by the Contractor's operation. Provide and install a new handhole or handhole ring and cover paid for in accordance with 1402 EXTRA WORK if the Engineer determines the salvaged handhole or handhole ring and cover are unusable due to circumstances beyond the Contractor's control. Provide new MnDOT approved handholes or handhole covers listed on MnDOT's Approved /Qualified Products List for Signals: hM://www.dot.state.mn.us/products/index.html Adjusting handholes at the locations where indicated in the Plans are each measured as an integral unit complete in place and is be paid for separately under Item No. 2565.602 (ADJUST HANDHOLE) at the Contract price per EACH, which price is compensation in full for all costs incidental thereto, including removal and replacement of handhole rings and covers in new sidewalk areas with new polymer concrete rings and covers. S -50 (2573) STORM WATER MANAGEMENT REMISED 03/01/16 SP2016 -243 MnDOT 2573 is modified as follows: S -50.1 The following is added to MnDOT 2573.5: J Unit Prices The City will pay the following unit prices for temporary sediment control items in the absence of a Contract bid price: SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 59 S.P. 113 -010 -022 BaleBarrier .................................................... ............................... ..........................$4.10 /In ft ($13.45 /meter) SiltFence, HI ........................................................ ............................... .........................$3.00 / In ft ($10 /meter) Silt Fence, Type MS .......................................... ............................... .........................$2.00 / In ft ($6.50 /meter) Silt Fence, Type SD ....................................... ............................... ........................$10.00 / In ft ($32.80 /meter) Sandbag Barrier ........................................................ ............................... $6.00 square foot ($64.68/ sq meter) Flotation Silt Curtain, Type: Still Water, 1.2 in (4 foot) depth .... .........................$12.50 / In ft ($41.00 /meter) Sediment Trap Excavation ...................................... ............................... $5.50 /cubic yard ($7.20 /cubic meter) Bituminous Lined Flume ................................ ............................... $50.00 /square yard ($59.52 /square meter) SedimentRemoval, Backhoe ................................................ ............................... .......................$175.00 / hour Sediment Removal, Vacuum truck ............................................ ............................... ...................$250.00 /hour Sediment Control Log, Type Wood Fiber ....... ............................... .........................$4.00 / In ft ($13.00 /meter) Sediment Control Log, Type Rock .................. ............................... .........................$5.00 / In ft ($16.50 /meter) FlocculantSock ....................................................................... ............................... ...........................$200 each Section 2573.5H is deleted and replaced by the following: ., A) No measurement will be made of the various duties that the Erosion Control Supervisor performs or of the number of hours required, but all such work will be construed to be included in the single Lump Sum Payment under Item 2573.550 (Erosion Control Supervisor). Upon satisfactory completion of one half of the allowable Working Days for the Project, the Engineer may authorize partial payment not exceeding 50 percent of the Contract bid price. The remaining percentage will be paid upon completion of the Project. S-52 (2575) ESTABLISHING TURF AND CONTROLLING EROSION REVISED 11/06/15 • MnDOT 2575 is modified as follows: S -52.1 The provisions of MnDOT 2575.5(L), "Payment Schedule" are modified as follows: L Payment Schedule The City will pay for establishing and maintaining turf and controlling erosion on the basis of the following schedule: Item No.: Item: Unit: 2575.501 Seeding acre [hectare] 2575.502 Seed, Mixture _, or (Species) pound [kilogram] 2575.505 Sod, Type _ square yard [square meter] 2575.511 Mulch Material, Type _ ton [metric ton] 2575.513 Mulch Material, Type _ cubic yard [cubic meter] 2575.515 Mulch Material, Type 4 square yard [square meter] 2575.518 Temporary Poly Covering square yard [square meter] 2575.519 Disk Anchoring acre [hectare] 2575.523 Erosion Control Blanket, Category _* square yard [square meter] 2575.525 Turf Reinforcement Mat, Category _ square yard [square meter] 2575.526 Compost Blanket square yard [square meter] 2575.527 Shoulder Mulch Overspray pound [kilogram] 2575.535 Water M gallons [cubic meter] SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 60 S.P. 113- 010 -022 Item No.: Item: Unit: 2575.541 Mowing acre [hectare] 2575.545 Weed Spraying acre [hectare] 2575.547 Weed Spray Mixture gallon [liter] 2575.555 Turf Establishment lump sum 2575.560 Hydraulic Tackifier pound [kilogram] 2575.560 Hydraulic Matrix pound [kilogram] 2575.561 — Hydraulic Tackifier square yard [square meter] 2575.561 Hydraulic Matrix square yard [square meter] 2575.570 _ Rapid Stabilization Method 1 acre [hectare] 2575.570 Rapid Stabilization Method 2 acre [hectare] 2575.571 Rapid Stabilization Method 3 M gallons [cubic meter] 2575.572 Rapid Stabilization Method 4 square yard [square meter] 2575.573 Rapid Stabilization Method 5 ton [metric ton] * If maintenance applies, the City will place the subnote, "Includes Maintenance" on the pay item shown in the summary of quantities on the plans. S -52.2 The following is added to MnDOT 2575.5: M Unit Prices The City will pay the following unit prices for temporary erosion control items in the absence of a Contract bid price: Disc anchoring .................................................................. ............................... $45.00/ acre ($110.00/ hectare) Temporary Seed Mixtures 21 -111, 21 -112 or 21 -113 ......... ............................... .........................$1.25 / pound ($2.50 /kilogram) 22 -111 ................................................................ ............................... $2.00 /pound ($4.44/ kilogram) Erosion Control Blanket Category 3N ......................................... ............................... $1.80 /square yard ($2.15/ square meter) Category 4N ......................................... ............................... $2.10 /square yard ($2.51/ square meter) Rapid Stabilization Method 1 ............................................................ ............................... $465.00 /acre ($1162.5/hectare) Method 2 .......................................................... ............................... $800.00 /acre ($1976.75/hectare) Method 3 ............................................... ............................... $726.00/M gallon ($149.5 /cubic meter) Method 4 ......................................................... ............................... $1.84 /sq yd ($2.20 /square meter) Hydraulic mulch ................................................................................ .......................$1.86 /lb ($3.33/kilogram) Hydraulic Stabilized Fiber Matrix ....................................................... .......................$1.81 /lb ($4.4/kilogram) Hydraulic Reinforced Fiber Matrix ..................................................... .......................$1.77 /lb ($4.4/kilogram) Water....................................................................... ............................... $17.00/M gallon ($0.53 /cubic meter) Mowing........................................................................... ............................... $160.00/ acre ($400.00/hectare) WeedSpraying ................................................................. ............................... $60.00 /acre ($150.00/hectare) S -53 (2582) PAVEMENT MARMNG SPECIAL The provisions of MnDOT 2582 are hereby modified and/or supplemented with the following: S -53.1 The language below applies to the permanent pavement markings for this project that are to be placed on concrete curb, utilizing Latex Paint. S -53.2 The pavement marking material utilized for this project must be listed within Latex Paint category on the MnDOT Approved/Qualified Products Lists. S -53.3 The following is hereby added to MnDOT 2582.313, Application: Clean the vertical face and top of curb completely prior to pavement marking application. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 61 S.P. 113 -010 -022 Apply the curb markings to the vertical face and top of curb as recommended by the material manufacturer. S -53.4 The first paragraph of MnDOT 2582.3C.3 is supplemented with: Initial pavement marking retroreflectivity is defined as the pavement marking retroreflectivity as measured between 14 days and 44 days after pavement marking installation. S -53.5 The provisions of MnDOT 2582.5 are hereby deleted and replaced with the following: 2582.5 BASIS OF PAYMENT The contract unit price for permanent pavement markings includes the costs of materials, installation, traffic control, surface preparation, and primers as required by the contract. The City will pay for permanent pavement markings placed on concrete curb based on the linear feet of curb covered (which includes the vertical face and top of curb) and on the basis of the following schedule: ITEM NO. ITEM UNIT 2582.603 Pavement Marking Special ............................... .........................linear foot (meter) S-54 X3105) BAGGED PORTLAND CEMENT CONCRETE PATCHING MIX GRADE 3U18 AND 3U18 REVISED 02/07/17 MnDOT 3105 is deleted and replaced with the following: 3105 BAGGED PORTLAND CEMENT CONCRETE PATCHING GRADE 3105.1 SCOPE Provide dry, bagged concrete patching mix 3U18 for repairing Portland cement concrete pavement and 3U58M for repairing portland cement concrete bridge decks, bridge deck overlays and approach panels. A Materials Provide materials for patching mix meeting the following requirements: A.1 Cement ............................................................................. ............................... ...........................3101 A.2 Fine Aggregate ................................................................ ............................... ...........................3126 A.3 Coarse Aggregate ............................................................ ............................... ...........................3137 A.5 Admixtures ...................................................................... ............................... ...........................3113 Mix 3U58M utilizes air entraining and water reducing admixtures. Provide the manufacturer's Technical Data Information Sheet and the Materials Safety Data Sheet (MSDS) for the proposed dry admixtures when submitting the Quality Plan for approval. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 62 S.P. 113 - 010 -022 Prior to producing concrete patching mix each construction season, a Department Representative shall perform a thorough on -site inspection of the plant with a MnDOT Certified Plant Level 1 or Level 2 Technician representing the Producer. Maintain an approved Quality Control Program, including a Quality Plan, for the production of Bagged Portland Cement Concrete Patching Mix. concrete. The Producer will perform Quality Control (QC) as part of the production of Grade 3U18 The Engineer will perform Quality Assurance (QA) as part of the acceptance process. B.1 Quality Plan Requirements Submit a quality control plan to the Concrete Engineer for review and approval prior to producing Grade 3U18 and Grade 3U18M. The Quality Plan includes the following QC Procedures: (a) Moisture Content (b) Batch Weight Verification (c) Aggregate Gradation Testing (d) Blending (e) Addition of dry admixtures to 3U58M (f) Documentation and Submittals B.2 MnDOT Certified Personnel Provide a MnDOT Aggregate Production Technician to perform moisture content and aggregate gradation testing. Provide a MnDOT Concrete Plant Level 1 or Plant Level 2 Technician to review batch tickets, test results, and oversee all quality control requirements of 3105 and the QC Program. B.3 Daily Production Requirements Each day Grade 3U18 or 3U58M is produced: (a) Perform moisture content and gradation testing on all aggregates. (b) The Producer's Aggregate Technician will complete MnDOT's Bagged Mix Quality Control Worksheet and sign. (c) The Producer's Plant Level 1 or Plant Level 2 Technician will review and sign the Bagged Quality Control Worksheet. (d) Electronically submit all Bagged Quality Control Worksheets and batch tickets to MnDOT the day following production. C Mix Proportioning Proportion the mix in accordance with Table 3105 -1. Use of any other size bag requires approval of the Concrete Engineer. Table 3105 -1 Mix Pro portions Weight, lb Material Gradation Requirements 50 lb bag 75 lb bag 3000 lb bag Type I Cement - 11.9 17.8 712 Coarse Aggregate ASTM #89 or CA -80 18.9 28.3 1132 Fine Aggregate MnDOT 3126 19.3 28.9 1156 SPECIAL PROVISIONS - SP2016 BOOK Created August 20, 2015 Last Revision by CO Special Provisions: 03/01/17 Page 63 S.P. 113 -010 -022 D Blending Dry the coarse and fine aggregates as approved by the Engineer before blending with the cement. Blend all materials completely before bagging the mix. Provide a blending device meeting the following characteristics and requirements: (1) Capable of producing the required mix proportions within ±2 percent, (2) Equipped with a warning device to indicate when the system is out -of- tolerance, (3) Capable of stopping the flow of cement to allow sampling of the blended coarse and fine aggregate, and (4) Designed to allow cement and aggregate to discharge separately for checking material weights. E Bags and Batch Identification Provide moisture -proof bags resistant to tearing. Print the following on the bags: (1) The phrase, "MnDOT 3U18 CONCRETE PATCH MIX" or "MnDOT 3U58M CONCRETE PATCH MIX" (2) Weight of the bag in pounds [kilograms] (3) Mix date (4) Mixing instructions The Producer and Engineer will sample and test in accordance with the Schedule of Materials Control. S-55 (3126) FINE AGGREGATE O. PORTLAND NEW . 02/07/17 S -55.1 3126.2 MnDOT 3126 is hereby modified as follows: MnDOT 3126.2 shall be deleted and replaced with the following: 1 A General Provide fine aggregate consisting of clean, sound, durable particles, uniform in quality and free from wood, bark, roots and other deleterious material. The Engineer may consider the following as the basis for acceptance of fine aggregate for portland cement concrete: (1) Results of laboratory tests, (2) Behavior under natural exposure conditions, (3) Behavior of portland cement concrete with aggregate from the same or similar geological formations or deposits, and (4) Any other tests or criteria as deemed appropriate by the Engineer in conjunction with the Concrete Engineer. Provide fine aggregate from natural sand. If producing fine and coarse aggregates simultaneously from natural gravel deposits during the same operation, the Contractor may provide fine aggregate containing particles of crushed rock with the approval of the Concrete Engineer. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 t . 1 B.1 Washing Created August 20, 2015 Page 64 S.P. 113-010-022 Wash the fine aggregate. B.2 Deleterious Material Provide fine aggregate containing a cumulative quantity of deleterious materials in accordance with Table 3126 -1. Table 3126 -1 Deleterious Materials Quality Test Maximum Percent by > 90% of control at 7 days Weight Shale, Alkali, Mica, and Soft and Flaky 2.5 Particles, Cumulative Total No. 16 Coal and Lignite, Cumulative Total 0.3 B.3 Organic Impurities Provide fine aggregate free of injurious quantities of organic impurities. The Concrete Engineer will reject aggregates that produce a color darker than the standard color when tested in accordance with AASHTO T 21, unless the mortar specimens pass the mortar strength requirements specified in 3126.2.13.4, "Structural Strength." B.4 Structural Strength The Engineer will test the structural strength of fine aggregate in mortar specimens in accordance with AASHTO T 71 and Table 3126 -2. The Engineer will prepare control mortar specimens using Ottawa sand with a Fineness Modulus (FM) from 2.30 to 2.50 for comparison with the proposed fine aggregate. Table 3126 -2 Structural Strength in Fine Aggregate Mortar S ecimens Containing: Com ressive Strength Type I /II Portland Cement > 90% of control at 7 days Type III Portland Cement > 90% of control at 3 days C Gradation Requirements Produce fine aggregate in accordance with the gradation requirements in Table 3126 -3 Table 3126 -3 Fine Aggregate Gradation Requirements Sieve Size Percent Passing*,, % in 100 No. 4 95-100 No. 8 80-100 No. 16 55-85 No. 30 30-60 No. 50 5-30 No. 100 0-10 No. 200 0-2.5 * Percent passing by wei ht through square opening sieves. D Requirements for Uniformity of Grading The uniformity of grading is determined by the Fineness Modulus (FM) of the fine aggregate. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 65 S.P. 113-010-022 Both the Engineer and Contractor will determine the FM of fine aggregate in accordance with the MnDOT Concrete Manual. The established FM is available on the MnDOT Concrete Engineering website. Maintain the FM of the fine aggregate between 2.3 and 3.1. Do not allow the material to deviate from the FM by greater than 0.20. Contact the Engineer, in conjunction with the Concrete Engineer, for an adjustment if the FM approaches the tolerance limit. INTERMEDIATE AGGREGATE ' PORTLAND CEMENT CONCRETE NEW WRITEUP l 3131 3131.1 MnDOT 3131 is deleted and replaced with the following: SCOPE Provide intermediate aggregate for use in portland cement concrete. The Concrete Engineer classifies intermediate aggregate as an aggregate fraction with a maximum size of /2 inch. The Contractor may combine intermediate aggregates with other aggregates to create a Job Mix Formula (JMF). A General Provide intermediate aggregate consisting of clean, sound, durable particles, uniform in quality, and free from wood, bark, roots, and other deleterious material. The Engineer, in conjunction with the Concrete Engineer, may consider the following as the basis for acceptance of intermediate aggregate for portland cement concrete: (1) Results of laboratory tests, (2) Behavior under natural exposure conditions, (3) Behavior of portland cement concrete with aggregate from the same or similar geological formations or deposits, and (4) Any other tests or criteria as deemed appropriate by the Engineer, in conjunction with the Concrete Engineer. B Classification Provide intermediate aggregate meeting the requirements of 3137.2.B. Table 3 13 1 -1 designates the intermediate aggregate as one of the following: (1) Coarse Intermediate Aggregate (CIA) (2) Fine Intermediate Aggregate (FIA) (3) Coarse Sand (CS) (4) Fine Sand (FS) SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 66 S.P. 113 - 010 -022 C Washing Wash the intermediate aggregate. D Quality If the CIA is from the same source as the 3/4 in- fraction, the coarse aggregate quality is determined based upon the composite of the 3/4" in- and the CIA, otherwise quality requirements are based on each individual fraction. D.1 Intermediate Aggregate for General Use Provide CIA in accordance with 3137.2.D.1. Provide FIA, CS and FS in accordance with 3126. D.2 Intermediate Aggregate for Bridge Superstructure Provide CIA in accordance with 3137.2.D.2. Provide FIA, CS and FS in accordance with 3126. D.3 Intermediate Aggregate for Concrete Pavement Provide CIA in accordance with 3137.2.D.3, except as modified in Table 3131 -2. E 3131.3 A B Table 3131 -2 Intermediate Aggregate for Concrete Pavement (CIA) (FIA) Coarse Intermediate Aggregate CIA (b) '/z in 100 100 100 100 % In - - 100 100 No.4 0-90 91 - 100 0-90 91 - 100 No.8 0-50 0 - 50 51-90 51-100 C Washing Wash the intermediate aggregate. D Quality If the CIA is from the same source as the 3/4 in- fraction, the coarse aggregate quality is determined based upon the composite of the 3/4" in- and the CIA, otherwise quality requirements are based on each individual fraction. D.1 Intermediate Aggregate for General Use Provide CIA in accordance with 3137.2.D.1. Provide FIA, CS and FS in accordance with 3126. D.2 Intermediate Aggregate for Bridge Superstructure Provide CIA in accordance with 3137.2.D.2. Provide FIA, CS and FS in accordance with 3126. D.3 Intermediate Aggregate for Concrete Pavement Provide CIA in accordance with 3137.2.D.3, except as modified in Table 3131 -2. E 3131.3 A B Table 3131 -2 Intermediate Aggregate for Concrete Pavement Quality Test Maximum Percent by Weight Coarse Intermediate Aggregate CIA (b) Carbonate in Class C aggregates b weight If > 15% of total mixture 30.0 If < 15% of total mixture 40.0 Provide FIA, CS and FS in accordance with 3126. Gradation Perform all intermediate aggregate gradations in accordance with 3126.3. SAMPLING AND TESTING Preliminary Intermediate Aggregate Testing Sample and test intermediate aggregate fractions separately in accordance with Table 3137 -5 Intermediate Aggregate Test Methods Sample and test CIA in accordance with Table 3137 -6. Sample and test FIA, FS and CS for general use concrete in accordance with Table 3126 -5. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 67 S-57 (3137) COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE REVISED 01/08/16 MnDOT 3137 is hereby modified as follows: S-57.1 The first paragraph of MnDOT 3137.2.D.2 shall be deleted and replaced with the following: Provide coarse aggregate in accordance with 3137.2.D.1, "Coarse Aggregate for General Use," except as modified by Table 3137-2. S-57.2 Table 3137-2 (h) of MnDOT 3137.2.D.2 shall be deleted and replaced with the following: 1.10 T and bridge barrier h) I Absorption for Class B aggregate for all concrete bridge decks :5 S-57.3 Table 3137-4 of MnDOT 3 137.2.E shall be deleted and replaced with the following: Table 3137-4 Coarse Aggregate Designation for Concrete, percent by. weight passing square opening sieves Coarse Aggregate Designation 1 2 3 4 7 8 Sieve Sizes ASTM #467 ASTM 967* ASTM #7* ASTM #89 CA-70 CA-80 2 in [50 mm] 100 1Y2 in [37.5 min] 95-100 - 1 in 125.0 mm] - 100 - % in 119.0 minj 35-70 90-100 100 - 5/8 in 116.0 mm] - - - - 100 Y2 in [12.5 mm] - - 90-100 100 85-100 - % in [9.5 mm] 10-30 20-55 40-70 90-100 50-100 100 No.4 [4.75 mm] 0-5 0-10 0-15 20-55 0-25 55-95 No.8 [2.36 nim] - - - 5-30 - - No.16 [1.18 mm] 0-10 - No.50 1300 ginj - 0-5 0-5 *ASTM #67 and ASTM #7 Gradations are MnDOT Modified. S-58 (3151) BITUMINOUS MATERIAL (MSCR) NEW WRITEUP 01/15/16 MnDOT 3151 is modified as follows: S-58.1 Replace MnDOT 3151.2.A with the following: A Asphalt Binder Only use Performance Graded (PG) Asphalt Binder meeting the requirements of AASHTO M 332, Table 3151-1A, and the Combined State Binder Group Method of Acceptance for Asphalt Binder, available on the Asphalt Products page of the Approved/Qualified Products List. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 68 S.P. 113-010-022 Use asphalt binder supplier recommendations for mixing and compaction temperatures. S -59 Q906) WATER FOR CONC TE AND MORTAR NEW WRITEUP 02/07/17 MnDOT 3906.2 shall be deleted and replaced with the following: 3906.2 REQUIREMENTS Provide water for mixing concrete meeting ASTM C 1602 and the following: (1) Not salty or brackish (2) Clean, and (3) Free of injurious quantities of deleterious substances such as oil, acid, alkali, and organic matter. Provide water for use in curing concrete that does not contain impurities at concentrations that cause discoloration or surface etching. A Potable water Potable water is defined as water suitable for human consumption. The Engineer will allow potable water without testing. B Non - Potable Water Non - potable water is defined as water not fit for human consumption or contains quantities of substances that discolor, make it smell, or have an objectionable taste. Non - potable water does not contain water from concrete production operations. The Engineer may \conduct testing to determine allowable use of a non - potable Contractor proposed water source. Provide non - potable water meeting the requirements of Table 1 of ASTM C 1602. Table 3151 -1A Multi Stress Creep Recovery (MSCR) Test Requirements Grade* Binder Code for Jnr @3.2kPa, o /oR @ 3.2kPa, min. * Jnr Difference, max * ** 2360 Mix Design g maximum PG 58S -28 B 4.5 N/A 75% PG 58H -28 E 2.0 30% 75% PG 58V -28 H 1.0 55% 75% PG58E -28 0.5 75% N/A PG58S -34 4.5 N/A 75% PG58H -34 C 2.0 30% 75% PG58V -34 F 1.0 55% 75% PG58E -34 I 0.5 75% N/A PG49S -34 M 4.5 N/A 75% PG52S -34 A 4.5 N/A 75% PG64S -22 L 4.5 N/A 75% * LTPP Bind temperature for Minnesota is 58 °C for the high PG Binder Grade temperature. The bottom three grades are special use binders and are to be tested at the high temperature indicated by the grade (example: PG 49S -34 is tested @ 49C). ** Use in place of Appendix X1 in AASHTO - M332. * ** Jnr Difference is waived for "E" grade binders. Use asphalt binder supplier recommendations for mixing and compaction temperatures. S -59 Q906) WATER FOR CONC TE AND MORTAR NEW WRITEUP 02/07/17 MnDOT 3906.2 shall be deleted and replaced with the following: 3906.2 REQUIREMENTS Provide water for mixing concrete meeting ASTM C 1602 and the following: (1) Not salty or brackish (2) Clean, and (3) Free of injurious quantities of deleterious substances such as oil, acid, alkali, and organic matter. Provide water for use in curing concrete that does not contain impurities at concentrations that cause discoloration or surface etching. A Potable water Potable water is defined as water suitable for human consumption. The Engineer will allow potable water without testing. B Non - Potable Water Non - potable water is defined as water not fit for human consumption or contains quantities of substances that discolor, make it smell, or have an objectionable taste. Non - potable water does not contain water from concrete production operations. The Engineer may \conduct testing to determine allowable use of a non - potable Contractor proposed water source. Provide non - potable water meeting the requirements of Table 1 of ASTM C 1602. SPECIAL PROVISIONS - SP2016 BOOK Last Revision by CO Special Provisions: 03/01/17 Created August 20, 2015 Page 69 S.P. 113-010-022 C Clarified Water Clarified water is defined as water from concrete production operations that was processed by filtration or a settling system such as a pond or weir(s) to clarify the water. Supply clarified water only from sources listed on the Approved/Qualified Products list, Provide clarified water meeting the requirements of 'Fable 1 and Table 2 of ASTM C1602. The specific gravity of the combined mixing water must not exceed 1.03. 5 -60 FINAL ESTIMATE AND FINAL PAYMENT SP2016 -257 The following provisions shall apply to preparation of the Final Estimate and execution of Final Payment under this Contract: 5 -60.1 FINAL ESTIMATE State Law provides that the final estimate will be made within 90 days after completion of all work required under this Contract. If, however, the total value of the Contract exceeds $2,000,000.00, the 90 day requirement will not apply and the time allowed for making such final estimate shall be 180 days after the work under this Contract has been, in all things,, completed to the satisfaction of the Commissioner. 5 -60.2 FINAL PAYMENT If this Contract contains a "Disadvantage Business Enterprise goal, the following requirement shall apply: "Before final payment is made, the Contractor shall also complete an affidavit showing the total dollar amounts of work performed by disadvantaged business enterprise (DBE)." DIVISION SL— Table ofContents SL-1 COMPLIANCE WITH ELECTRICAL CODES AND STANDARDS ............................................. 1 SL-2 (2y545) ELECTRICAL SYSTEM .................................................................................................... 1 SL-2.1 Scope of Work ................ —....... --- ............... ....................... ............ ...... ............ 1 8L-2.2 General ............................. ................ ............... ------------------'3 SL'2.3 Shop Drawings & Submittals ..... — ............... ---......... ................. —.............. —'3 8L-2,4 Materials .......... —.......... ........ ............. ................... ............ ------------4 SL~2.5 Construction Requirements ............ --........... ............... .......................... —......... 1O SL-3 WARRANTY ............................................................................................................................... 18 SL-4 ASB0LTDRAWINGS AND & M MANUAL .......................................................................... f0 |hereby certify that the Division GLSpecial Provisions were prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State ofMinnesota. Bruce D. McNeil, PE Date: 04/28/17 License No. 177 _____ _____ • ELECTRICAL LIGHTING SYSTEM Bidders are advised that the NEC and the 2016 edition of MNDOT "Standard Specifications for Construction" shall govern. Compliance with provisions of MNDOT 2545.2A, and the first paragraph of MNDOT 2545.3a will be particularly enforced in conjunction with the construction of any kind or type of electrical system, conduit or conduit system for the conveyance of the electrical conductors, or the required portions thereof, as specified in the Contract. The Minnesota Electrical Act requires that a permit be obtained for the performance of all such work, including the installation of conduits. The Contractor shall obtain all necessary permits including, but not limited to, an electrical permit. Work shall be inspected and approved by the Engineer and The City of Columbia Heights. Required Signal and Lighting Certification for all Contractors, Supervisors or Foremen involved in the field installation of the Traffic Signal and /or Lighting portion of this Project. Signal and Lighting Certification is available through the MnDOT Office of Traffic, Safety, and Technology (OTST). Questions regarding certification or past certification may be directed to the MnDOT Office of Traffic, Safety, and Technology (OTST) at Telephone No. 651.234.7055. All material shall meet the requirements of the National Electrical Code (N.E.C.), National Electrical Manufacturers Association (NEMA) specifications, and local codes and ordinances, and shall be Underwriter's Laboratories listed, where U.L. standards for such products exist. All work shall be under the direct supervision of a master electrician. SL-2 (2545) ELECTRICAL SYSTEM The provisions of MNDOT 2471, 2545, and 2565 shall apply in addition to the following: ..- . A. Description: The work included in the project shall include the furnishing of all required labor and materials for a complete and operable electrical system as indicated on the accompanying Plans and as required by the project manual inclusive of all appurtenances not specifically shown or covered by the specifications but required for complete operation of the electrical system as defined in the documents. The work shall also include the testing, adjustment, start up and troubleshooting of the electrical equipment and the training of the City's operating personnel in its operation and maintenance. 2. It shall be the responsibility of the Contractor to furnish a complete and fully operating system. The Contractor shall be responsible for all details which may be necessary to properly install, adjust and place in operation the complete installation. The Contractor shall assume full responsibility for additional costs which may result from unauthorized deviations from the contract documents. 3. Light standards, luminaires, and other electrical equipment is to be furnished and installed as shown in the Plans and including but not limited to the following items: ® poles, luminaire arms, and luminaires S.P. 113 - 010 -022 1 Division SL • PVC conduits • handholes • caps • end bells • circuit wiring conductors • in- the -line fuse holders and fuses • splice blocks • underground cable • pole wiring conductors • service cabinets • foundations • ground rods S. Verification of Drawings: 1. The contract drawings indicate the required size of conduit and cable for wiring. The locations of equipment shall be verified in the field by the Contractor. In the event it should become necessary to change the location of any work due to interference with other work, consult with the Engineer before making any changes. The Contractor shall determine and be responsible for the proper location and character of all anchor bolts, inserts, hangers, sleeves, etc. for the electrical equipment, unless specifically detailed otherwise. Rough -in location confirmation is required to be coordinated with equipment shop drawings prior to installation. 2. The drawings indicate the extent and general layout of the electrical systems. The drawings are drawn to the scale indicated, but the drawings shall not take precedence over field measurements. Make reasonable modifications to the layout to avoid conflict with other trades and underground utilities. C. Quality: 1. All work shall be installed in a neat and workmanlike manner and shall be approved by the Engineer before final acceptance by the City. 2. If equipment is furnished having power and control requirements other than as specified, the Contractor shall make all necessary changes and furnish a complete set of drawings for installing the alternate equipment. The installation shall comply with the requirements of the 2014 edition of the National Electrical Code, local and state codes and ordinances. Where the contract documents call for workmanship or materials in excess of code requirements, the project manual shall take precedence. Electrical equipment and materials shall be Underwriter's Laboratory listed, where U.L. standards for such products exist. 3. All equipment to be installed on the project shall be new and unused except those items identified as relocated. 4. The Contractor shall keep the premises clean and orderly during installation of this work, remove rubbish periodically and as may be directed by the Engineer. Upon completion of this part of the project, remove all dirt, debris, tools, scaffolding, etc. used or resulting from this work. S.P. 113 - 010 -022 2 Division SL D. Coordination: 1. Contractor shall coordinate his activities with the roadway contractor and all other parties occupying the site so as to not impede or delay construction progress. Contractor shall attend regularly scheduled construction progress meetings. 2. It shall be the sole responsibility of the Contractor to coordinate among suppliers and contractors providing equipment for the project. The coordination shall include, but not be limited to, operators, power requirements, etc. 3. Cooperate with other trades to avoid interferences in the installation of this work. Install all equipment and systems so as not to delay progress of construction, and correlate with other trades to avoid delay. Should differences of opinion develop; the Engineer's decision will be final. 4. Contract unit prices shall reflect all construction costs. SL - 2.2 General The distribution circuits of the new Lighting and Receptacle Systems shall consist of conductors installed in PVC. Where specified on the Plan, two conductors in conduit shall constitute one 240 -volt lighting circuit, three conductors shall constitute two 120 -volt receptacle circuits, and a sixth conductor shall be used as an equipment ground. Power supply to the new lighting systems is 120/240 -volt, single phase, alternating current. The systems shall be metered. ., The Contractor shall submit to the City for approval, a complete list of major electrical system components. This list shall include the names of all suppliers and manufacturers and catalog numbers for the various components. This list must be approved by the City prior to the commencement of work on the Lighting System. The Contractor shall furnish to the City five (5) complete sets of shop detail drawings, in accordance with the provisions of MNDOT 2471.313. The shop detail drawings shall be identified by The City of "Columbia Heights" and the fabricator. The five sets of drawings shall be distributed, after approval to the following: A, Contractor B. Contractor's Fabricator C. Project Engineer (2 sets) D. City (3 sets) Submittals shall include the following: A, Drawings: 1. Handholes 2. Luminaires 3. Standards (poles) 4. Service Cabinet 5. Lighting Control System Equipment S.P. 113 - 010 -022 3 Division SL Product Data: 1. Conductors r .,. 3. Fuse Holders 4. Fuses Approval of shop drawings and submittals shall not relieve the Contractor from the responsibility for deviations from the drawings or specifications unless he has, in writing, called the City's attention to the deviations at the time of submission, and secured written approval, nor shall it relieve him from the responsibility for errors in shop drawings or submittals. $L - 2.4 Materials The City reserves the right to sample, test, inspect, and accept or reject any of the materials used for the Lighting Systems based on its own tests. However, the City may at their option, accept materials on the basis of listing by Underwriters Laboratories, Inc. Fabrication and inspection of structural metals used for the Lighting Systems shall be in accordance with the applicable provisions of MNDOT 2471. The contractor shall furnish and install Non - Metallic Rigid Conduit (NMC) underground at the locations indicated in the Plans. Underground conduits shall be capable of being installed by plowing, trenching or directional boring methods. The size of the conduit shall be as indicated in the Plans. All conduit shall be in accordance with the following: 1. Non Metallic Conduit: Non metallic conduit (NMC) and conduit fittings shall be Type 11 heavy wall rigid PVC Schedule 40 plastic conduit and conduit fittings per MNDOT 3803. 2. Prior to the installation of cables and conductors, non - metallic conduit end bells, appropriately sized for type of conduit used, shall be installed to prevent damage to cables and conductors. 3. All conduit shall have markings indicating the manufacturer's name, size, type, UL listing, and any other markings required by the NEC. S. Anchor Rods: 1. Anchor rods, nuts, and washers shall be galvanized in accordance with the provisions of MNDOT 3392, and the details shown in the lighting Plan. 2. Threaded portions of all anchor rods above the concrete foundations shall be coated with an approved rust inhibitor before installation of the service cabinet. C. Electrical Cables and Conductors: 1. All electrical cables and conductors shall conform to the requirements of MNDOT 2545.2D except as modified within these specifications. D. Service Cabinet: 1. The service cabinet shall be as shown in the Plan details and shall be a "UL" approved NEMA 3R, pad mounted, and weatherproof. All door openings shall be sealed with neoprene gasketing and all hinges and hinge pins shall be of non - S.P. 113 - 010 -022 4 Division SL corroding construction. The cabinet shall be listed as "suitable for use as service equipment." 2. The wiring diagram for the service cabinet is shown in detail in the Plans. 3. The Contractor shall furnish and install photoelectric cell with contacts rated at 20 amperes. 4. The photo electric control shall be in accordance with MnDOT 3812 and have a minimum 30- second time delay capability. 5. The photo control shall be bracket mounted immediately behind clear polycarbonate covered holes. 6. Unless otherwise defined the main circuit breaker shall be rated at 200 -amps and 240 -volts with an interrupting rating of not less than 22,000 amps, r.m.s., sym. Circuit breakers shall indicate open, closed, or trip conditions by handle position. Circuit breakers shall be quick make, quick break with thermal magnetic trips having long time and instantaneous tripping characteristics. 7. The electric meter enclosure shall be installed on the cabinet as shown on the service cabinet detail drawing. The electric meter sockets shall be suitable for single phase, 3 wire; 120/240 volt service. Coordinate service connection with Xcel Energy. E.. Lighting Units: 1. The Contractor shall furnish and install all lighting poles, pole collars, luminaires, mounting arms and accessories, as required by the contract documents and in accordance with the Equipment Schedule in the Plans. No substitutions allowed. 2. Each roadway luminaire shall have an internal multi -volt LED dimmable (0 -10V) driver, surge protector and LED arrays. 3. All metal components of the aluminum lighting standards shall have a factory powder -coat finish. 4. The luminaires shall have toolless access for all components. 5. All luminaires shall bear the U.L. label. The label shall be for the type of area the fixture is to be located in. 6. All luminaires shall be complete with guards, clips, retainers, etc. in accordance with the details, manufacturer's specifications governing the installation of the fixtures. 7. The Contractor shall follow manufacturer's instructions regarding luminaire installation. 8. The Contractor shall coat all threaded hardware with an approved zinc -based anti - seize compound prior to assembly. 9. The lighting units and luminaires shall be installed in a workable first class condition, and shall include all miscellaneous hardware required for a complete and operational installation. F. Luminaires: 1. The Contractor shall furnish and install all luminaires, and accessories, as required by the contract documents and in accordance with the Equipment Schedule and Details on the Plans. No substitutions allowed. S.P. 113 -010 -022 5 Division SL 2. All metal components of the luminaire shall have a factory powder -coat finish. 3. All luminaires shall bear the U.L. label. The label shall be for the type of area the fixture is to be located. 4. Luminaires shall have tool less access for all components. 5. Each luminaire shall have an internal multi -volt LED dimmable (0 -10V) driver, surge protector and LED arrays. 6. All fixtures shall be complete with guards, clips, retainers, etc. in accordance with the details, manufacturer's specifications governing the installation of the fixtures. 7. The Contractor shall follow manufacturer's instructions regarding luminaire installation. 8. The Contractor shall coat all threaded hardware with an approved zinc -based anti - seize compound prior to assembly. 9. The luminaire shall be installed in a workable first class condition, and shall include all miscellaneous hardware required for a complete lighting installation. G. Single Conductor Wires: The single conductor feeder wires, distribution wires, pole wires, and control wires shall have Class B stranded annealed un- coated copper conductors and be listed by UL as Type XHHW 2. Service conductors shall bear UL label for Type USE 2. The insulation on each lighting distribution conductor shall be colored red, black, white or green. Single conductor pole wires connecting the luminaires to the distribution circuits shall be 1/c #12 stranded wire with XHHW -2 rated insulation. H. Fuses: 1. Each luminaire in the 240 -volt system shall be fused with two 6 -amp fuses. The two - pole fuse holders for the 240 -volt luminaires shall be a Bussmann Catalog No. HEX - AW- DRLC-A, Littelfuse Catalog No. LEX -AA -S, Mersen Catalog No. FEX-1 1 -11 -BA, or approved equal. 2. Each receptacle in the 120 -volt receptacle circuits shall be fused with one 20 -amp fuse. The single -pole fuse holders for the 120 -volt receptacles shall be a Bussmann Catalog No. HEB- AW- RLC -A, Littelfuse Catalog No. LEB -AA -S, Mersen Catalog No. FEB- 11- 11 -BA, or approved equal. Fuse holders shall be installed in the phase wires of their respective circuits at the access handhole of the light standards. 3. The fuses shall be mounted in inline molded fuse connector /holders with the casing located at the level of the handhole. Fuse holders shall be of the breakaway type, complete with watertight rubber boots. The Contractor shall provide sufficient excess conductor length to allow withdrawal of the connected fuse holder. The grounding wires shall not be fused. Fuses and fuse holders shall be "UL" listed and shall be installed in such a manner that the fuse stays with the load side when holder is separated. In addition, the Contractor shall form loops in the leads on each side of the fuse holders and so position the fuse holders so that they may be easily removed or inserted through the access hole. Lighting Control System Provide, install, and commission a Lighting Control System in accordance with the details in the Plan. The lighting control system equipment and commissioning includes the following: S.P. 113 - 010 -022 6 Division SL 1. Lumewave CPD3000 Powerline luminaire controllers — For "Lighting Unit Type Special'. a. Dual frequency 115 and 132 kHz. Two -way communications on the LonWorks PL channel based on the ISO /IEC 14908 -3 standard. b. Power Line Repeating: Repeat messages within the outdoor lighting network, as requested by the Segment Controller. If PL communications fail between the Segment Controller and a particular CPD 3000 module, the Segment Controller will dynamically specify another CPD 3000 to act as a repeater to maintain overall network communications. c. Metering capability with 2% accuracy d. Maximum current — 5A e. Dimming capability using PWM and 0 -10 V f. Operating temperature range: -40 °C to +70 °C g. Fully potted electronics h. IP rating: IP66 i. Storage Temperature: -40 °C to +85 °C j. Vibration: 5 - 7.5 Hz @ 0.5" D.A., 5.5 - 200 Hz @ 1.5g k. Shock: 30 g @ 11 ms; 100 g @ 3 ms (half sine) 1. FCC Part 15 Class B m. UL 60950, UL 60950 -1 2. Lumewave Powerline Gateway — Lighting Service Cabinet a. Powerline Gateway i. Supported protocols: LON (ISO /IEC 14908 -3 Power Line) and 802.15.4 (Control M) ii. Interface to PL: single or 3 phase iii. Control software: Luminsight Desktop version 5.1 iv. Input Voltage: 240 VAC 50/60 Hz v. Operating temperature: -40 to +70C vi. UL and FCC compliant b. SmartServer i. Processor: MIPS32TM 264MHz. ii. Memory: 64MB flash memory; 128MB RAM. iii. Channel Type: PL -20N or PL -20C power line. iv. LonWorks Network Connector: Screw terminals. v. Operating Input Voltage: 240VAC (- 6 %/ +10 %), 50 /60Hz. vi. Power Consumption: <15 watts. vii. Controls: Service button, Reset button. viii. Indicators: Power On/Wink; Ethernet link, Ethernet activity, 10/100 Mbps; LON Service, BIU, PKD, Tx, Rx; 2 digital inputs; 2 relay outputs; 2 metering inputs; Remote Network Interface connection status. ix. Ethernet Port: 10 /100BaseT, auto - selecting, auto polarity. x. Ethernet Connector: RJ -45, 8 conductor. A. Serial Ports: 1 isolated RS -485 port; 1 EIA -232 port. xii. Serial Connectors: Screw terminals. xiii. Modem Connector: RJ -11, 6 conductor. xiv. Supported External Modems: Cinterion MC75, Cinterion MC63i, ETM9300 1 3G, Janus Terminus GSM864Q, Multitech MTCBA -G -F1, Siemens 35 to 45 Series, Siemens MC55 3G, Siemens MC75 EDGE. xv. Console Port: EIA -232. xvi. Console Connector: DB -9. xvii. Digital Inputs: 2 optically isolated dry contact inputs, 30V AC /DC. xviii. Digital Input Connector: Screw terminals. xix. Relay Outputs: 2 SPST relays rated at 240VAC @ 10A or 24VDC @ 10A. xx. Relay Output Connector: Screw terminals. xxi. Impulse Meter Inputs: DIN 43 864 (open terminal voltage <_12VDC max; max currents 27mA). S.P. 113 - 010 -022 7 Division SL c. Gateway Enclosure i. NEMA 4X ii. Stainless steel iii. Lockable 3. Lumewave Base Station — a. Network Type: Star -Mesh Repeater. b. Standard: IEEE 802.15.4. c. Frequency: 902 -928 MHz. d. Power: +24 dBm. e. Range: 3 km Line of Sight. f. Number of Controllers Supported: 2,000. g. Ethernet Connection Method: Wired Ethernet 10/100. h. Enclosure: NEMA 4X, Stainless steel, lockable i. Mounting: Wall or Pole. j. Dimensions: H: 14.1" / W: 10.0" / D: 5.25 ". k. IP Rating: NEMA 4x (IP66). 1. Temperature Range (Base Station Box): -30 to +70 °C. m. Voltage: 120 -240 (50/60 Hz). 4. Lumewave Wireless Controller— For "Lighting Unit Type Special 1" and "Luminaire (LED)" a. Network Type: Star -Mesh Repeater. b. Standard: IEEE 802.15.4. c. Frequency: 902 -928 MHz. d. Power: +24 dBm. e. Range: 3 km Line of Sight. f. Mounting: on luminaire. g. IP Rating: NEMA 4x (IP66). h. Voltage: 100 -480 (50/60 Hz). i. Power Switching: 1000W j. Power Consumption: <2W @ 120/277V, 3W @ 480V k. Operating Temperature: -40C to +70C 1. Surge Protection: 345J m. Failsafe: Power On, Lamp Level High 5. Luminsight Desktop central management system for wireless and powerline lighting systems. a. Central management system for provisioning, monitoring, and controlling an outdoor lighting control system. b. Provides interactive graphical map that enables design of a lighting control network, with graphical placement of individual lighting control devices. c. Integrates automated asset monitoring of controlled lighting, capturing critical system data such as power consumption, power factor, and lamp run time. d. Allows configuration of alarm conditions and alarm notifications that provide notifications of alarm conditions while maintaining a history of alarms. e. Generates daily, weekly, and monthly energy usage trend charts. f. Direct peer -to -peer communication from occupancy sensors to lighting zones. 6. System commissioning a. Provide a complete and operation lighting control system. b. Provide configuration and operational and training for MnDOT staff. J. Grounding: 1. The equipment grounding conductor shall be bonded to the foundation ground rod where shown on the Plans, and to the grounding lug of the light at every decorative S.P. 113 - 010 -022 8 Division SL light standard. An insulated (green) copper conductor shall be used. The size of the ground conductor shall be as required by the National Electrical Code or No. 6 AWG, whichever is larger. The metal frame of the luminaires shall also be grounded to the pole. 2. Ground rods shall be copper plated steel. , Lighting Handholes: 1. Designed to carry light vehicular traffic. 2. Covers: (a) Bolt down type with stainless steel bolts. (b) Mold the word "Street Lighting" into cover. (c) Cover shall be capable of carrying light vehicular traffic. 3. Materials: (a) Polymer Concrete. (b) Conform to ASTM D -635. (c) Self - extinguishing material. (d) Test to 50 degrees F. (e) No change in physical properties due to weather exposure. (f) Color: Gray. (g) Top dimensions shall not exceed bottom dimensions by more than 1 inch. (h) Extensions shall be of same material. (i) Handholes shall be sized per N.E.C. requirements. Minimum handhole size shall be 13" x 24" x 12" deep. (j) Quazite #PC1324BAl2, or approved equal. 4. All conduits entering or exiting these handholes shall be sealed to prevent entrance of moisture. L, Switch Labels: 1. All switches, other than lighting switches, shall have an engraved label identifying the function of the switch and switch positions. Labels shall be stain -less steel, brass or engraved laminated plastic, attached with screws. +tl Wiring Devices Specification Grade: 1. Wiring devices shall be AC quiet, NEMA specification grade, heavy duty unless otherwise specified. All devices shall meet Federal and NEMA standards, and shall bear the U.L. label. The voltage rating shall be as required for the application. The devices shall have an ampacity of not less than 20 amps. 2. Where applicable, devices located in hazardous areas or areas where adverse conditions exist, shall meet NEMA and National Electrical Code requirements for those areas. N. End Bells: 1. Plastic end bells shall be used when conductors enter or leave a conduit system. S.P. 113 -010 -022 9 Division SL 0. Light Foundation, Design E Modified: 1. The Contractor shall furnish and install a Light Foundation, Design E Modified at locations shown in the Plan. The Light Foundation, Design E Modified shall be in accordance with MnDOT 2545.3F and MnDOT Standard Plate 8127 and the detail in the Plans except that it shall be modified to fit the bolt circle specific to the light pole manufacturer as detailed in the shop drawings to be provided. P. Service Cabinet Foundation. 1. The Contractor shall furnish and install a foundation for the Service cabinet and meter socket, at locations shown in the Plan. The foundation shall be in accordance with the detail on the Plans except that it shall be modified to fit the mounting specified for the service cabinet manufacturer as detailed in the shop drawings to be provided. 2. The equipment pad shall include the conduits and anchorage hardware within the concrete foundation, reinforcement bars if using the pre cast option, all wiring and hardware necessary, and all grounding and bonding materials. SL - 2,5 Construction Requirements A. Maintaining Existing Roadway Lighting Maintain and keep in operation lighting systems in accordance with 2545.3 B and as follows: Except during any periods of authorized work suspension, the Contractor is responsible for all maintenance of the existing lighting, temporary, and newly constructed lighting systems, within the limits of the construction project, during the duration of the lighting project in accordance with the applicable provisions of MnDOT 1514. This maintenance includes.... 1. Lighting units 2. Luminaires and lamps (after 30% or more of the lamps are burned out) 3. Lighting service cabinet(s) 4. Photoelectric controls 5. Foundations (concrete or steel) 6. Electrical cable 7. Damage and knockdowns (due to Contractor operations) 8. Locating all underground lighting facilities in accordance with Minnesota State Statute 216D. .... until final written acceptance of the project by the Engineer (MnDOT 1716). This work is considered incidental work. When disconnecting and removing or salvaging luminaires in an existing lighting circuit, maintain the electrical integrity of the circuit. Provide additional handholes, conduit and wire required to maintain the circuit continuity. NO splices shall be installed underground or in handholes. Unless otherwise noted all splices shall be installed in pole bases. If sufficient wire and conduit length is not available, remove cable in both directions back to the nearest splice point in pole handhole, install additional conduit, wire and handhole if S.P. 113 -010 -022 10 Division SL required inplace of the removed lighting unit and pull new conductors from pole handhole to pole handhole. Wire shall be sized to match the existing circuit conductor size. In the event of an authorized work suspension the contractor must supply an up to date as built drawing to the engineer prior to the work suspension. PROVIDE TO THE CITY THE NAMES AND PHONE NUMBERS OF CONTACT PERSONNEL FOR BOTH DAY AND NIGHT OPERATION FOR THE MAINTENANCE OF THE NEWLY CONSTRUCTED LIGHTING SYSTEM. S. General removal of miscellaneous structures. This work shall consist of removing or salvaging miscellaneous structures in accordance with the provisions of MnDOT 2104 and the following: Salvaged items shall be stored and protected from damage by the contractor until ready for reinstallation or delivery to storage. Any damage resulting from the Contractor's operations shall be repaired or replaced like in kind or better to that condition existing prior to the salvage operation. Existing lighting service cabinets and other painted items may have been painted with lead -based paint. if this is the case, the Contractor shall be responsible for the proper handling, transportation, and disposal of these materials as hazardous waste and the handling, transportation, and disposal of these items shall be in accordance with Occupational Safety & Health Administration (OSHA) and the Minnesota Pollution Control Agency (MPCA) regulations. The Contractor certifies that he or she is familiar with, and will comply with, the applicable requirements in OSHA 29 CFR 1926.62 and Minnesota Rules Chapter 5206, 7025, 7035, 7045 relating to disposal and/or the removal of these lead painted materials. The Contractor shall provide to the Engineer a completed "Contractor Certification of Disposal" form included elsewhere in these Special Provisions. C. Equipment to be Removed or Salvaged. 1. Remove Luminaire (a) Item 2104.509 (Remove Luminaire) shall consist of removing the in place luminaires, lamps, and ballasts located on the in place light standards as indicated in the Plan. Removed luminaires shall become the property of the Contractor. O,. Installation: 1. The Contractor shall furnish, install, wire and start up equipment as required by the contract documents. The manufacturer's installation recommendations shall be observed, and the completed assembly shall meet applicable code requirements. E. Conduit Placement: Conduit shall be installed in accordance with MnDOT 2565.3D, except as follows: 1. Conduit size shall be as specified in the Plans. 2. Contractor shall visit the site and make his own determination of the linear footage of conduit requiring boring in determining his bid on the project. 3. Conduits shall be installed underground in a direct line between light standards (unless trees or other obstructions require an alternate location) within the roadway S.P. 113 - 010 -022 11 Division SL right -of -way to a depth of 24 inches, as shown in the Plans or as directed by the Engineer or City. All conduits installed across surfaced streets shall be installed with a minimum cover of 24 inches. Cover material shall not contain rock or other debris that could damage the conduit. The cover material shall be firmly tamped into place to minimize uneven settlement above or below the conduit. 4. All conduits that are to be placed under driveways, streets, medians and sidewalks that are not scheduled for removal shall be pneuma gophered, directional bored, or another method approved by Engineer or City, which will not damage or disturb the integrity of the driveway, street, or sidewalk. 5. Permanent surfaces such as sidewalks, medians, driveways and streets generally shall not be removed to install underground conduit. Contractor can remove these surfaces where it is necessary for boring on permission of the City. The Contractor is responsible to replace and compact the subgrade material and replace the permanent surface material in kind (exactly as the existing). In general, all conduit runs shall be straight and true, and all offset and bends shall be uniform and symmetrical. Field bends of conduit shall only be accomplished through the use of approved conduit fittings. The Contractor shall adjust the elevations of the conduit assembly for its full length to approximately the same gradient as the finished roadway, and shall furnish and install in the trench, such suitable spacers and framing as may be necessary to maintain the correct grade and alignment. 7. Appropriate couplings shall be used to connect HDPE conduit to PVC conduit at the light foundations and underground runs. PVC cement or epoxy shall not be used to bond HDPE conduit to PVC conduit. 8. Contractor shall avoid disturbing tree roots when installing conduit for the underground electric distribution conductors. Where underground conductors must cross tree roots Contractor shall follow the procedure listed below. 9. Trees less than 12 inches in diameter bore at a minimum of 24 inches below grade. For trees over 12 inches in diameter bore at a minimum of 36 inches below grade. 10. Trenching for boring shall stay out of drip line of trees. The following distances from the tree shall be considered a minimum. Tree Diameter Distance 6 to 9 inches 5 feet 10 to 14 inches 10 feet 15 to 19 inches 12 feet Over 19 inches 15 feet 11. Contractor boring tunnel shall be 1 to 2 feet either side of tree center to avoid damage to tap root. 12. Following installation of cables and conductors, seal the open ends of conduit entering cabinets, pole foundations, or handholes using duct seal compound NRTL classified under general use tapes. S.P. 113 -010 -022 12 Division SL F. Continuous Type HDPE Non - Metallic Conduit: 1. Except for under existing pavements, underground Continuous Type HDPE Conduit shall be placed by trenching, stitching, plowing, or other method approved by the Engineer. Under existing pavements, Continuous Type HDPE Non - Metallic Conduit shall be placed as specified in 2565.3D2b. G. Rigid Non- Metallic Conduit Joints: 1. The Contractor shall install appropriate sized long line couplings when installed under existing roadway surfaces. The applied PVC joint cement shall be allowed to set -up for six (6) hours before pulling the conduit through a directional bored channel. H, Conductor Installation: 1. No splices shall be made in underground distribution wiring except in pole bases. Conductors shall be continuous from pole to pole. Wiring shall be terminated as required in the contract documents. 2. All wire and cable shall be tested for grounds and continuity before the circuit is energized. The Contractor shall assume full responsibility for damage done to the equipment due to circuit grounds or open circuits. I. Splicing: 1. Clean conductor surfaces before installing connectors. 2. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible temperature rise. 3. Underground Lighting System: (a) Splices shall be made only in the service panel and light standard bases. Splices in light bases and service cabinets shall be made using Burndy Uni -tap BIBS, Polaris IPL, Thomas & Betts, or approved equal insulated splice block splicing hardware. (b) Apply two layers of protective vinyl electrical tape over the insulated wire splice connector blocks in the area where the conductors enter the block including the set screw access covers, and extend the wrap at least one (1) inch over the incoming conductor insulation. (c) No splicing shall be performed within handholes. (d) Wire -nuts are not an acceptable method of splicing within pole base. J. Restoration: 1. Trenches shall be restored to grade as directed by the Engineer or City. 2. All sections of sidewalk damaged or removed by the Contractor shall be replaced in full panel increments. Where sections of sidewalk intersections are removed, the Contractor shall remove and replace the entire sidewalk intersection to a point where it connects to the curb radius. 3. The Contractor shall restore any damages resulting from construction activities to acceptable condition as directed by the Engineer or City. This includes but is not limited to restoration of sod, settling /heaving /cracking of pavement due to construction activities and any other damage associated with the installation of the electrical lighting system. S.P. 113 -010 -022 13 Division SL 4. Where sidewalks, pavement, or streets are opened, the opening shall be restored to the original thickness using a material type equal to that removed. 5. Where areas of turf or planting beds are disturbed by construction, they shall be restored to the original condition using a material type equal to that removed. K. Distribution Circuits: 1. The complete underground distribution circuits shall extend from the service cabinets in conduit to the lighting units and pass through the base of each lighting unit. L. Handholes: 1. The Contractor shall furnish and install new handholes at locations shown in the Plan or as directed by the Engineer. Excavate minimum 24 inches below base depth and refill with pea gravel. Handholes shall be installed flush with finished grade. Install stainless steel bolts to hold cover in place. M, Foundations: 1. The Contractor shall furnish and install a light foundation at the locations indicated in the Plan and in accordance with details in the Plan. The foundations shall accommodate the bolt circle specific to the light pole manufacturer as detailed in the shop drawings. 2. Maintain 2 inches of clearance from finished boulevard or sidewalk grade to top of concrete light foundations. The Contractor shall coordinate foundation installation with the Engineer, City and General Contractor to ensure proper foundation elevations are maintained. Maintain a 3 -foot clearance from the back of the curb to the middle of the light foundations unless directed otherwise by the Engineer. 1 All light foundations shall be located in the field following the Plan. The Contractor is responsible for obtaining location of existing utilities and identifying any possible conflicts. Any such conflicts shall be reported immediately to the Engineer and City. 4. The Contractor shall furnish and install a Service Cabinet Foundation in accordance with the details in the Plan. Anchor rods, nuts and washers in the lighting service cabinet concrete foundation shall be installed as per the requirements of the lighting service cabinet shown on the Plans. Anchor Rods in accordance with MNDOT 3385 shall be galvanized full length in accordance with MNDOT 3392 and shall be four (4) in quantity for each cabinet. Each anchor rod shall be threaded a minimum of 4 inches and be provided with two (2) hex -head galvanized nuts and one galvanized washer. (a) Maintain 4 inches of clearance from finished boulevard or sidewalk grade to top of foundation. The Contractor shall coordinate foundation installation with the Engineer, City and General Contractor to ensure proper foundation elevation is maintained. 5. Rust Inhibitor: Threaded portions of all anchor rods above the concrete foundations shall be coated with an approved rust inhibitor before installation of the light standards. 6. The concrete for all foundations shall be mix number 3G52 free of chloride additives conforming to MNDOT Specification 2461. Concrete shall be placed and consolidated using vibratory equipment and be finished smooth, flat and level in accordance with MNDOT 2565.F. Concrete shall be allowed to cure for a minimum of seven (7) days before being placed into use unless otherwise permitted by the Engineer. S.P. 113 - 010 -022 14 Division SL 7. An approved form shall be provided and placed for the foundation to ensure a good symmetrical top. Excavations for the concrete foundations shall be made to the exact dimensions of the foundation so that no backfilling will be required. If the soil conditions are such that the above provisions cannot be met, the Engineer shall be contacted. 8. Where concrete for sidewalks is to be placed adjacent to new foundation, the foundation shall be wrapped with tar felt to prevent bonding of the sidewalk to the new foundation. 9. Factory bent PVC conduit shall be required to bring the wireways in the foundation down to the depth as shown in the details in the Plan. Conduits shall extend a minimum of 2 inches above the foundation. Care shall be taken to ensure that all extended conduits will fit into the opening in the base of the service cabinet. 10. Appropriate couplings shall be used to connect HDPE conduit to PVC conduit at the light foundations and underground runs. PVC cement or epoxy shall not be used to bond HDPE conduit to PVC conduit. N. Installation of Lighting Units: 1. Lighting standards shall be installed plumb and level. 2. All Lighting standards shall be located in the field following the Plan. The Contractor is responsible for obtaining location of existing utilities and identifying any possible conflicts. Any such conflicts shall be reported immediately to the Engineer and City. 0. Installation of Luminaires: 1. Install luminaire as specified on existing signal pole in locations shown on plans. Provide all mounting hardware and adapters required to install a complete and operational unit. 2. Provide three 1/c No. 12 stranded wires in pole to connect the luminaires to their respective branch conductors in the pole base. Provide each luminaire with new fuse holder, fuses and splice blocks; Luminaires shall be protected by two 6 -amp fuses. P. Installation Of Luminaire Control Equipment 1. The Contractor shall install luminaire control equipment within the pole base of each decorative lighting unit per Details in the Plan. One CPD 3000 Powerline Lighting Controller shall be installed within the base of each decorative roadway lighting unit in accordance with the manufacturer's requirements and the Details in the Plan. The Contractor shall furnish and install a mounting bracket to enable the controllers to be mounted within the base of the pole. The controller may be mounted to a short length of 3/4 -inch conduit to allow the controller to stand vertically within the pole base. The controller shall be mounted such that its conductors are oriented downward to avoid water intrusion. The location of the controller shall not interfere with typical maintenance practices. The powerline controller shall be connected to the luminaire circuiting in accordance with the wiring detail in the Plan, and shall use the luminaire's two - pole fuse assembly as over - current protection. One gray and one violet stranded No. 12 AWG Type XHHW -2 conductor shall be connected between the controller and luminaire's respective driver dimming leads. S.P. 113 - 010 -022 15 Division SL 2. The Contractor shall install a LumeWave Powerline Gateway within, or on the outside of the service cabinet "A ", in accordance with the manufacturer's requirements. Gateway components installed on the outside of the service cabinet shall be installed within a Contractor furnished metallic, lockable NEMA 3R enclosure. The Gateway puck style antenna shall be installed on the top of the service cabinet in either installation method. Coaxial cable for antenna shall be concealed within the service cabinet and enclosure. The Contractor shall coordinate with the Engineer and the control system integrator during the commissioning of the control system. The Contractor shall maintain records of the unique controller numbers respective to the pole into which they were installed. An adhesive identification tag shall be removed from the CPD 3000 powerline controller and applied to a clean copy of the Plan next to each respective pole location indicated on the Plan. The box top respective to the TOP 900 wireless controller shall be used to identify the luminaire number upon which the controller was installed. The Contractor shall use a permanent marker to identify the pole /luminaire number on the box top. This Plan and controller box tops shall be furnished to the Engineer prior to system commissioning. 4. The Contractor shall furnish the Echelon Base Station to the owner for future installation. 0. Wiring Of Luminaires, Receptacles, And Control Equipment 1. Each wirelessly or powerline controlled luminaire in the 240 -volt system shall be fused with two 6 amp fuses in accordance with the Details in the Plan. Fuse connectors shall be installed in the phase wires of their respective circuits at the access handhole of the light standards. 2. All conductors of the lighting and receptacle distribution circuits shall pass through the base of each light standard. The conductors shall be fused as previously noted. All splices must take place in the base of the light standard. All splices shall be weather tight and use splicing hardware as previously described. 3. The conductors to the luminaires, receptacles, and control equipment shall be stranded, No. 12 AWG Type XHHW -2 and be connected to the load and ground conductors of their respective distribution circuit. 4. The Contractor shall provide sufficient excess conductor length to allow withdrawal of the connected fuse holder, and splicing and control equipment. The grounding wires shall not be fused. Fuses and fuse holders shall be UL listed and shall be installed in such a manner that the fuse stays with the load side when holder is separated. In addition, the Contractor shall form loops in the leads on each side of the fuse holders and so position the fuse holders so that they may be easily removed or inserted through the access hole. The grounding conductor shall not be fused. R. Wiring of Service Cabinets: 1. Lightning surge arrestors shall be installed in the cabinets on the supply side of the service equipment. 2. At the pad mounted service cabinets, Contractor shall establish a 25 -ohm ground by the use of copper clad ground rods. S.P. 113 - 010 -022 16 Division SL 3. A No. 6 AWG bare copper wire shall be extended from the ground rods and be bonded to the pad- mounted service cabinet. The ground rods shall be cast into the service cabinet foundation and be under the service cabinet frame. 4. From the pad mounted service cabinet, two No. 3/0 AWG (Type USE -2) conductors and one No. 3/0 AWG (Type USE -2) neutral conductor shall extend underground in a 2 -inch rigid non - metallic conduit to the utility transformer or to a pole riser and overhead transformer or secondary conductors. 5. The grounding conductor shall be terminated in and be bonded to the pad mounted service cabinet. The neutral conductor shall be bonded to the grounding conductor in the pad- mounted service cabinet. 6. The utility supply will be furnished from ground mounted or overhead transformer or conductors by Xcel Energy. The Utility will make the final service connections after a Certificate /Affidavit of Inspection has been filed by the Contractor with the Utility. Service equipment: 1. The Contractor shall furnish, install, and make operational service equipment as specified herein at the location indicated in the Plans. Verify exact location for service equipment with the Utility. 2. Service equipment includes the following: (a) Meter socket and mounting brackets. (b) All conduit and power conductors to pad mounted transformer or pole mounted secondary conductors. (c) Wiring connections. (d) Ground rod electrode. (e) Bonding and grounding materials and connections. (f) Other items incidental to a complete meter socket and service installation. 3. The meter will be furnished and installed by the Utility. Verify exact location for service equipment with the Utility. T. Painting: 1. Contractor shall touch -up all lighting equipment damaged during transportation and installation with a color- matched finish. U. Rust Inhibitor: 1. A thorough application of an approved rust inhibitor shall be used to grease or otherwise protect the threads of the anchor rod, prior to pouring the concrete foundation to ensure that the concrete does not mold to the threaded portion of the rod. 2. All threaded stainless steel hardware and dissimilar metal, threaded hardware shall be coated with an approved zinc -based anti -seize compound by the Contractor prior to assembly. V. Electrical Service The Contractor shall coordinate the installation of Electrical Service, provide power to the service cabinets, and verify the actual work to be done and all associated costs. S.P. 113 - 010 -022 17 Division SL Proposed source of power addresses are identified in the Plan. Fees for the "Application for Electrical Service" and payment to the Utility Company for providing the electrical service connections shall be the responsibility of the Contractor The Contractor shall secure approval from the Engineer for any changes to the Electrical Service as reflected in the Plan. No measurement will be made of the various items that constitute Electrical Service, however all such work will be construed to be included as part of the project (the electrical service costs will not be paid for as part of the pay item). The Contractor shall provide the Engineer a copy of the invoice from the power company. Payment will be made for the invoice cost paid to the power company plus 10 %. The payment shall be compensation in full for all costs incidental thereto, including, but not limited to providing power to service cabinets, power company fees, Power Utility Company Coordination, notifying the City of ownership details, and all materials and labor necessary to construct the Electrical Service. The Contractor shall guarantee the operation of the installation and that the materials and workmanship of the equipment be free from defects for a period of one (1) year from the date of acceptance, providing the equipment has been operated and maintained in accordance with the manufacturer's recommendations. If a dispute exists regarding whether the equipment has been maintained according to the manufacturer's recommendations, the Engineer's decision will be final. The guarantee shall include all parts and labor necessary to return the system to normal operation. The guarantee on all equipment shall start after formal acceptance of equipment as defined by the General Conditions and after successful completion of startup procedures. Contractor shall supply accurate as -built drawings of the project to the City. Drawings shall indicate location and setback of conduit, service cabinet and Utility service point, and pole locations along the roadway measured from a reliable location. The Contractor shall collect, gather and assemble into one book the installation details, instructions, schematics of actual equipment and operations directions supplied by the manufacturer with all equipment. Final acceptance of the work will be withheld until such data has been presented complete to the City. The manual shall be available for instruction of operations and maintenance of equipment and systems. SYSTEM TESTING The Contractor shall test the equipment installed under these specifications and shall demonstrate its proper operation to City staff. No equipment shall be tested, or operated for any purpose until it has been fully prepared, connected and made ready for normal operation. Any damage to equipment occasioned by improper or ill -timed operation or testing shall be made good, at the Contractor's own expense, before final inspection and acceptance. B* 6111 Eel . S.P. 113 - 010 -022 18 Division SL 04/26/17 DIVISION ST S.P. 113-010-022 Section Page No. Item No. ST-1 (2104) REMOVING MISCELLANEOUS STRUCTURES .............................. .............................. I-ST ST-2 (2564) TRAFFIC SIGNS AND DEVICES ................................................................ ...................... 2-ST ST-3 (3352) SIGNS, DELINEATORS AND MARKERS .......................................... .............................. 3-ST I hereby certify that the Special Provisions for traffic sign construction (Division ST) contained in this proposal were 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. k Mark Wagneru Lic. No. 51660 Date 04/28/17 04/26/17 S.P. 113-010-022 ST -1.1 DESCRIPTION The Contractor shall remove and salvage miscellaneous structures according to 2104, "Removing Pavement and Miscellaneous Structures" and these Special Provisions. ST -1.2 MATERIALS The Contractor shall use materials according to 2104, "Removing Miscellaneous Structures" and the 2104, "Removing Miscellaneous Structures: Construction Requirements" section of these Special Provisions. ST -1.3 CONSTRUCTION REQUIREMENTS A Remove Sign Type C and Type D For each sign mounted on a light fixture, remove the bracketing and hardware which attaches each sign panel to the light fixture. B Salvage Sign Type C and Type D Inform the Engineer of any damaged in -place Type C or Type D sign panels prior to salvaging. Remove and dispose of the sign structure, nuts, bolts and washers. If the Contractor damages a sign panel, Dispose of the damaged sign panel. Fabricate a new sign panel according to 2564.2F, "Traffic Signs and Devices: Signs and Markers," and these Special Provisions, at no cost to the Department or City of Columbia Heights, Anoka County. Prevent damage to the aluminum sign panels and the sign sheeting materials at all times, including during storage. Methods to prevent damage during storage include but are not limited to: Store sign panels so that they are NOT lying on the ground. Store sign panels so that reflective surfaces do NOT come in contact with dirt, water, or grass. Store sign panels so that they are NOT covered with plastic or a tarp. Salvaged Type C sign panels will be reinstalled under Item No. 2564.537 - InstalI Sign Type C. Salvaged Type D sign panels will be reinstalled under Item No. 2564.537 - Install Sign Type D. ST -1.4 METHOD OF MEASUREMENT & BASIS OF PAYMENT The Engineer will measure each item according to the Contract and the 2104, "Removing Miscellaneous Structures: Construction Requirements" section of these Special Provisions. The Department will include all work described in the Contract and the 2104, "Removing Miscellaneous Structures: Construction Requirements" section of these Special Provisions as part of the contract unit price per unit of measure. The Department will pay for traffic signs and devices on the basis of the following schedule: 1 -ST 04/26/17 S.P. 113-010-022 Item No.: Item: Unit: 2104.509 Remove Sign Type C Each 2104.523 Salvage Sign Type C Each The Department's payment for each item shall be compensation in full for all work, material, and costs involved in performing the work specified on the Plans and these Special Provisions. ST -2.1 DESCRIPTION The Contractor shall furnish and install traffic signs in accordance with 2564, "Traffic Signs and Devices," except as modified in these Special Provisions. ST -2.2 MATERIALS Fabricate all signs, markers, and delineators with material in accordance with 3352, "Signs, Delineators, and Markers" except as modified in these Special Provisions. Fabricate all rigid permanent signs, markers, and delineators with materials from the MnDOT Ayr-oved/Qualifred Products List. Provide sign face material meeting the performance requirements of 3352.2.A.2.b, "Sign Sheeting Type IV" for rigid permanent signs, markers, and delineators described in Table 2564.2 -STI and on the Plans: Table 2564.2 -STI: MnDOT Metro District Sign Sheeting Type IV Requirements Category Item Condition(s) All Sign Panels Type C with the exception of: • R1 -1 STOP, RI -2 YIELD, RI -3P ALL WAY, R5 -1 DO NOT ENTER signs, • W- Series (warning) signs, (1) Sign Panels • S- Series (school) signs, Type C • Mast arm- mounted signs, and • Bridge - mounted signs. Provide sign face material meeting the requirements of 3352.2.A.2.f, "Sign Sheeting Type XI for the exceptions listed in Category (1). (2) Sign PDanels Ground - mounted signs ype Sign Panels Type Overlays which are attached to signs described in (3) Type Categories (1) and (2) Overlay (4) Delineator All Type X3 -1 (5) Delineator White background color T e X4 -6 (6) Delineator All Type X4 -8 Infiltration (7) Area Marker All X3 -6a 2 -ST 04/26/17 S.P. 113- 010 -022 Provide non - fluorescent reflective sheeting for the yellow background color portions for: • Overhead - mounted Type D sign panels, • Sign Panel Type Overlays attached to overhead- mounted Type C and Type D sign panels, and • X3 -6A Infiltration Area Markers. ST -2.3 CONSTRUCTION REQUIREMENTS The provisions of 2564.3, "Construction Requirements, General" are modified and supplemented as follows: The following replaces the fourth paragraph of 2564.3A: Sign locations and sign structure posts lengths indicated on the Plans are approximate. Locate and stake final sign and delineator locations and obtain approval of locations by the Engineer. Determine the final post lengths for Type C signs, Type D signs and delineators in accordance with offsets, mounting heights and clearances detailed on the Plans and field verification of the proposed or inplace slopes. A Fabrication & Warning Stickers Install Department - provided warning stickers on new Type C and D sign panels according to 2564.31-1.2, "Traffic Signs and Devices: Construction Requirements: Sign Panels: Fabrication and Warning Stickers." Give 30 days advance notice to the Department prior to picking up the Department - provided warning stickers: Jeff Streeter 651- 366 -5191 ST -2.4 METHOD OF MEASUREMENT AND BASIS OF PAYMENT The Engineer will measure each item according to the Contract and the 2564, "Traffic Signs and Devices: Construction Requirements" section of these Special Provisions. The Department will include all work described in the Contract and the 2564, "Traffic Signs and Devices: Construction Requirements" section of these Special Provisions as part of the contract unit price per unit of measure. The contract square foot [square meter] prices for Sign Panels Type EA and Type EO includes the cost of providing and installing the flanged channel or S4x7.7 panel mounting posts. The Department will pay for traffic signs and devices on the basis of the following schedule: Item No.: Item: Unit: 2564.531 Sign Panels Type C Square foot The Department's payment for each item shall be compensation in full for all work, material, and costs involved in performing the work specified on the Plans and these Special Provisions. ST -3.1 SCOPE The Contractor shall fabricate traffic signs, delineators, and markers consisting of sign panels 3352, "Signs, Delineators and Markers" and these Special Provisions. ST -3.2 REQUIREMENTS The Contractor shall use materials according to 3352, "Signs, Delineators and Markers" and these Special Provisions. 3 -ST 04/26/17 S.P. 113-010-022 A Sign Sheeting Type IV The provisions of 3352.2.A.2.b, "Signs, Delineators, and Markers: Requirements: Sign Sheeting Type IV" are modified as follows: Provide Sign Sheeting Type IV for highway signing, markers, and delineators. Provide white and fluorescent orange Sign Sheeting Type IV for reboundable plastic drums and weighted channelizers. Additionally, test to ensure the impact resistance of the material at 32 °F [0 °C]. The provisions of 3352.2.A.3, "Signs, Delineators, and Markers: Requirements: Warranty Requirements" are supplemented as follows: Table 3352 -3 Minimum Retroreflectivity Values Minimum Total Daytime Sign Sheeting Warranty T Allowable Luminance Type Period, years Retroreflection Factor Minimum Type IV Signs, 1 - 7 80% - -- Delineators, and Markers Type IV Signs, 8-10 70% - -- Delineators, and Markers ST -3.3 SAMPLING AND TESTING — (BLANK) 4 -ST The attached form is for use when the Contractor plans on using and/or supplying ANY foreign iron or steel materials on a Federal Aid Project. The Contractor is directed to the Proposal to determine if this Stipulation is required for a specific project. September 2004 In accordance with 1601 of these Special Provisions, the Contractor must submit a bid based on supplying material(s) that have been melted and manufactured in the United States, except where the cost of the iron and steel products incorporated in the work does not exceed one tenth of one percent of the total project cost, or $2,500.00, whichever is greater. The Contractor must submit a stipulation for supplying ANY foreign iron or steel materials in accordance with the U.S. Code of Regulations 23CFR635.410 and the requirements of 1601. The line entry must show the pay item number, a description of the foreign steel product, the estimated quantity, and the estimated invoice price. �U 1 r i • / 1; INVOICE QUANTITIES f I i Total Estimated Invoice Price = Percent of Total Bid Price = Contractor Name: Vendor Number: If Applicable: This form must be submitted to the Department by the Contractor before the bid opening, as indicated in the Special Provisions. September 2004 June 4, 2014 (1910) FUEL ESCALATION CLAUSE The provisions set forth in Mn/DOT 1910 are hereby supplemented with the following: These provisions provide for compensation adjustments in the cost of motor fuels (diesel and gasoline) consumed in prosecuting the Contract work. The Engineer will calculate the Fuel Cost Adjustments. Payments or credits will be applied to partial and final payments for work items set forth herein. For this purpose, the Department will establish a Base Fuel Index (BFI) for fuel to be used on the Project. The Base Fuel Index will be the average of the high and low rack prices shown for No. 2 ultra low sulfur fuel oil in the "OPIS Energy Group" tabulation titled "RackFax, Minneapolis, MN, OPIS Direct Gross No. 2 Distillate Fuels" for the day of the Contract letting. A Current Fuel Index (CFI) in cents per gallon will be established for each month. The CFI will be the average of the high and low rack prices shown for No. 2 ultra low sulfur fuel oil in the "OPTS Energy Group" tabulation titled "RackFax, Minneapolis, MN, OPIS Direct Gross No. 2 Distillate Fuels" averaged for the beginning and ending dates of the monthly period being adjusted. The Engineer will compute the ratio of the Current Fuel Index to the Base Fuel Index (CFIBFI) each month. If that ratio falls between 0.85 and 1. 15, no fuel adjustment will be made that month. If the ratio is less than 0.85, a credit to the Department will be computed. If the ratio is greater than 1. 15, additional payment to the Contractor will be computed. Credit or additional payment will be computed as follows: (1) The Engineer will estimate the quantity of work done in that month under each of the Contract items listed below. (2) The Engineer will compute the gallons of fuel used in that month for each of the Contract items listed below by applying the unit fuel usage factors shown. (3) The Engineer will summarize the total gallons (Q) of fuel used in that month for the applicable items. (4) The Engineer will determine the Fuel Cost Adjustment (FCA) from the following formulas: If the Current Fuel Index (CFI) is greater than the Base Fuel Index (BFI), the following formula shall be used to determine the amount of Fuel Cost Adjustment to be paid to the Contractor. FCA = [(CFUBFI) — 1.15] x Q x BFI If the Current Fuel Index (CFI) is less than the Base Fuel Index (BFI), the following formula shall be used to determine the amount of Fuel Cost Adjustment to be credited to the Department. Pagel of 3 June 4, 2014 FCA = [(CFI/BFI) - 0.85] x Q x BFI Where FCA = Fuel Cost Adjustment (cents) CFI = Current Fuel Index (cents per gallon) BFI = Base Fuel Index (cents per gallon) Q = Monthly total gallons of fuel Basis of PgMent A Fuel Cost Adjustment payment to the Contractor will be made as a lump sum each payment period based on the last published CFI. A Fuel Cost Adjustment credit to the Department will be deducted as a lump sum each payment period from any monies due the Contractor. Upon completion of the work under the Contract, any difference between the estimated quantities previously paid and the final quantities will be determined. The CFI in effect on the day of completion of the Contract will be applied to the quantity differences in accordance with the procedures set forth above. Schedule of Work Items (Only items shown will be considered for compensation adjustments.) Page 2 of 3 Item Unit Gallons of Fuel per Unit Unit Gallons of Fuel per Unit (1) Earthwork: 2105.501 Common Excavation Cu. Yd 0.17 in 0.22 2105.503 Rock Excavation Cu. Yd 0.27 m3 0.35 2105.505 Muck Excavation Cu. Yd 0.17 m3 0.22 2105.507 Subgrade Excavation Cu. Yd 0.17 m3 0.22 2105.515 Unclassified Excavation Cu. Yd 0.23 m3 0.30 2105.521 Granular Borrow (EV) Cu. Yd 0.17 m3 0.22 Granular Borrow (CV) Cu. Yd 0.19 m3 0.25 Granular Borrow (LV) Cu. Yd 0.14 m3 0.18 2105.522 Select Granular Borrow (EV) Cu. Yd 0.17 m3 0.22 Select Granular Borrow (CV) Cu. Yd 0.19 m3 0.25 Select Granular Borrow (LV) Cu. Yd 0.14 m3 0.18 2105.523 Common Borrow (EV) Cu. Yd 0.17 m3 0.22 Common Borrow (CV) Cu. Yd 0.19 m3 0.25 Common Borrow (LV) Cu. Yd 0.14 m3 0.18 2105.535 Topsoil Borrow (EV) Cu. Yd 0.17 m3 0.22 Topsoil Borrow (CV) Cu. Yd 0.19 m3 0.25 Topsoil Borrow (LV) Cu. Yd 0.14 m3 0.18 2106.607 Common Embankment (CV) Cu. Yd 0.19 m3 0.25 2106.607 Granular Embankment (CV) Cu. Yd 0.19 m3 0.25 2106.607 Select Granular Embankment(CV) Cu. Yd 0.19 m3 0.25 2106.607 Select Granular Embankment Modified (_ %) Cu. Yd 0.19 m3 0.25 (CV) 2106.607 Excavation - Rock Cu. Yd 0.27 m3 0.35 2106.607 Excavation - Muck Cu. Yd 0.17 m3 0.22 Page 2 of 3 June 4, 2014 t=thickness 0o inches or mm) NOTE: No price adjustments will be made un fuel used for drying and heating aggregates. *** No price adjustment will be made for pipes less than 12" in diameter or jacked pipes. Page 3 of 3 Item Unit Gallons of Fuel per Unit Unit Gallons of Fuel per Unit (2) Aggregate Base: 2211.501 Aggregate Base Tun 0.55 t 0.01 2211.502 Aggregate Base (IV) Cu. Yd 0.77 co 3 1.01 2211.503 Aggregate Base (C\/) Cu. Yd 0.99 ou 3 1.29 2211.607 Open Graded Aggregate Base (C\/) Cu. Yd 0.99 nn s 129 (3) Aggregate Shouldering: 2221.501 Aggregate Shouldering Tun 0.55 t 0.61 2221.502 Aggregate 3bonldcrbmg(L\7) Cu. Yd 0.77 on / 1.01 2221.503 Aggregate Shouldering (CV) Cu. Yd 0.99 no / 1.29 (4) Concrete Pavements: 2301.511 Structural Concrete Cu. Yd 0.98 nn � 128 2301.513 Structural Concrete BE Cu. Yd 0.98 co3 1.20 2301.604 Structural Concrete Sq. \/d. 0.027*/ m z O.00l20*t (5) Bituminous Pavements: 2350.501 Type ( ) Wearing Course Mixture ( ) Ton 0.90 t 0.99 2350.502 Tvoc( ) Non-Wearing Course Mixture ( ) Ton 0.90 t 0.99 2350.503 Type ( ) ( ) Course ( (t)" Thick 8q. Yd 0.051 */ 2350.503 T\npe( ) ( ) Course( , )` (t) nun uzTbiuk z on 0.0024*y 2360.501 l�mo 89( ) Wearing Course Mixture ( ) Ton 0.90 t 0.99 2360.502 Tyne SP( ) Non-Wearing Course Mixture ( ` ) Tun 0.90 t 0.49 2360.583 Type D9( ) ( )Conrae ( , (t)" thick 8q. Yd 0.051 *t 2360.503 Type 39( ) ( )Coursc( , ),hAmmthick or 2 0.0024*/ (d)Pipe: *** 2501.5I1 __ -Pipe Culvert __.P' cCuh/od Lin. Ft. 0.70 cn 2.30 2501.521 ______ Pipe Arch Culvert Lin. Ft. 0.70 zn 2.30 2501.561 Pipe Culvert Des 3O0d Lin. Ft. 0.70 nn 2.30 2501.603 __ Pipe Culvert Lin. FL 0.70 zu 2.30 2503.511 9i c Sewer Lin. ft. 0.70 ou 2.30 2503.521 Pipe Arch Sewer Lin. Ft. 0.70 om 2.30 2503.541 9i e Sewer Des 3006 Lin. f1. 0.70 cn 2]0 2503.003 9ipe Sewer Lin. FL 0.70 ru 2.30 t=thickness 0o inches or mm) NOTE: No price adjustments will be made un fuel used for drying and heating aggregates. *** No price adjustment will be made for pipes less than 12" in diameter or jacked pipes. Page 3 of 3 MnDOT SD -15 June, 2015 (Rev. Sept., 2015) Schedule of Materials Control for 2016 Standard Specifications W I ��J MnD(}T SD- l5 }nne20}5(Rev.Scnt.,70l5) Schedule nf Materials Control for 70I6 Standard Specifications IntroductionPage ............................................. — ......................................................................................................................... l SCHEDULE OF MATERIALS CONTROL (For usewith the 2016 Standard Specifications for Construction): l. Grading, Base and Reclamation Construction Items -----------------------------------'2 D. Bituminous Construction Items for Specification 236O ......... ................................................ ........................................... ll DQ. Construction Items for Bituminous Specialty Items ....................................................................................... ................... }8 PV. Concrete Construction Items .............................................................................................................................................. 23 V. Landscaping and Erosion Control Items .......................................... .................................................................................. 4l V1. Ch000icaltema------------------------------------------------------.44 VD. Metallic Materials and Metal Products .............................................................................................................................. A7 VIII. Miscellaneous Materials .................. .................................................................... ............................................................. 55 IX. Gcoaycthcdua' Pipe, Tile, and Precast/Prestressed Concrete ............................................................................................. 56 X. BrickStonc,undMaaong'Doba---------------------------------------------.6| Xi Electrical, Roadway Lighting, and Traffic Control Signal Equipment Items ..................................................................... 62 CertificationsList .................................... ............................................................................................... .................................... 65 Telephone Index for Schedule ofMaterials Coutro-------------------------------------'68 FormIndex ................................... ................................................................................................................................................ 69 MnDOT SD -15 June, 2015 (Rev. Sept., 2015) Schedule of Materials Control for 2016 Standard Specifications Introduction Page 1,11211 1-0111UNSFUMNIT in 111 MIN 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. Laboratories performing acceptance tests for payment shall be accredited by the AASHTO Materials Reference Laboratory (AMRL) or a comparable accreditation program approved by MnDOT and the FHWA for all test procedures performed. 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. 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 Schedule of Materials Control 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 contact information for the specialty areas if further information is required regarding the various materials. A form index is also included. The Department maintains the Approved /Qualified Products List and the Certified Products and Services List, as well as, the Schedule of Materials Control. All are available electronically on the Office of Materials and Road Research website. www. dot.state.mn.us/inaterials.html 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 MnDOT District Independent Assurance Inspector when project starts to provide the proper servicing of your project. 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Le) kr) kr) kr) m Lr) Cq N CA ^ iN-. � n +O' O CC3 U N � O •� h H O C vi V' Q U O^ H ~ IH S-i �r "=S W O O 0 v v Sr U Oi bA V] wl U N a3 ct tA CC$ ct O by U bA bq O c O � O U Cd Ln U U U U bn o v� by o ri ri cri � vi 4+ Q O O O O O o y o• TS E 0 En W O O N w� Sir V U Q N U � U � U � U N � Q 1 NN� by bA a+ H CC aY cc3 d � O V O r V1 Z N N N N � a-+ c� O O O bA V� � � p ai coo cc: Or u 'v U cio �� knkn �r "=S W O O 0 v v Sr U Oi bA V] wl U N a3 ct tA CC$ ct O by U bA bq O c O � O U Cd Ln U U U U bn o v� by o ri ri cri � vi 4+ Q O O O O O MnDOT SD -15 June, 2015 (Rev. Sept., 2015) Schedule of Materials Control for 2016 Standard Specifications IV. Concrete Construction Items ( -,N,�vw.dot.state.mn.us/ ate .t°ialslconcrete.htn l) The testing rates shown in this Schedule of Materials Control are minimums. Take as many tests as necessary to ensure quality concrete. All field samples shall be taken at the point of placement unless otherwise allowed by the Engineer. It is recommended that the Agency Plant Monitor be present during critical pours, such as superstructure or paving concrete (i.e. 3A21, S mixes, JMF mixes). 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, review either the MnDOT Standard Specifications for Construction or contact the Concrete Engineering Unit for monetary deductions recommendations. 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. 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Q d C C's -0 Cd > C4 U U U cd > Z u O cn fit' kf) O kr) lzr kn �c Lf) kr) mot ��c N in W'� "T �c kr) W> It 110 kr) kr) 't 110 kn 1- 1 kf) O C4 7j Cy O C/D In W bD o •tz > al �� .— 14-- = C� to t4 to (1) . a) C) bi) to Fz —a3 tw zt- 2 E? u V o C) . g In 0 t N Q 0ry Dn u —Cd A u o u Ct 't U C,5 -0 o r- = 25 r, -0 -0 0 b-0 —Ct -T.-j -0 -Q en Q U V) en a) Z al Ln Q) Q C) " cd cd v ca Cc 0 > = — 0 ct +' "' C� to t 6 " E -- t 7 'o tD. 7; En Ln C.) ct c3 u rl (= > U 0 ct b,� cn a) Q > 0 v M 45 0 CL ct cl 171 JR IZ r" ci3 VD fA 0 U E rz cn ct aaaa U U U U U U U 0 "t N N N N N C-1 N N rq kr� 00 00 00 00 00 00 cc cn CC cn to ti lut "0 CCt 0 0 U u v 0 U Q M C,3 "71 ct r � U U W ooP6 ooU kr) kr) kr) C> V) kr) W) kr) tr) kr) kr) kr) kr) kr) tn Lr) kr) Cq Cq N C�l O C,3 O CIO) tp a3 In al cn It C6 Ic; ct -G o M ;2l cn —V1 .14 In cd M p 0 to 0 C) C/) — CS u .� CIS N .4 eq .?M Lo bi) Cc V 0 u e4 ct tb rA .4 bi) > •2 5 C) bjQ C) bi) (D ED uo 14 00 W) 00 M m 00 00 cc It C13 In In r. v -0 9 .9 cc 0 —Cd th tw C4 E .2 0 -;� 44 4E .1 al Cf) g 0 > kr) tn kr) MnDOT SD-15 June, 2015 (Rev. Sept., 2015) Schedule of Materials Control for 2016 Standard Specifications P 6 5 Certifications List Material SMC Section Sub Page Certification Needed Section All Base, Surface, and I. Grading & Base Many 2-10 Form G&B-104 (24346) include gradation, crushing, bitumen Granular Materials content, and quality test results Plant Mixed Asphalt (PMA) 11. Bituminous Many 11-15 All PMA from certified supplier vk j Shingles 11. Bituminous 12 Contractor shall provide documentation that of all RAS /TOSS (Tear Off Shingle) material is from a MPCA certified supplier. Bituminous Material 11. Bituminous 16 Only Bituminous Materials from certified asphalt binder sources are allowed for use. The most current list of Certified Sources can at http:i,"www.dot.state.iiiii.u.s:'prodLicts Emulsified Asphalt 11. Bituminous 16 Use Emulsion for seal coat from a certified emulsified asphalt source. Portland Cement IV. Concrete 24 Concrete Plant Batching Materials: All materials must come Fly Ash from certified approved, or qualified sources. All certified Ground Granulated Blast sources must state so on the Bill of Lading Delivery invoice Furnace Slag Cement including MnDOT standardized certification statement for Admixtures cement, flyash, and slag. The most current list of certified/approved sources can be found at www, dot. state,nun, us.products. Certified Ready Mix IV. Concrete Many 25-26 Contact Report from Ready-Mix Plant. All concrete from certified plant including a computerized certificate of compliance with each load. Plastic for Curing IV. Concrete 32 A Certificate of Compliance shall be submitted to the Project Engineer from the Manufacturer certifying that the plastic complies with AASHTO M171. Profiler IV. Concrete 36 Contractor provides MnDOT certified Inertial Profiler Results for bumps/dips and/or Areas of Localized Roughness for the entire project. Aggregate for Low Slump IV. Concrete 37 Aggregate pit numbers and I passing gradation result per Overlays fraction per source for Concrete IV. Concrete 38 Aggregate pit numbers and I passing gradation result per ,Aggregate Pavement Repair fraction per source Aggregate for Dowel Bar IV. Concrete 40 Aggregate pit numbers and I passing gradation result per Retrofits 1 fraction per source MnDOT SD-15 June, 2015 (Rev. Sept., 2015) Schedule of Materials Control for 2016 Standard Specifications D o 6, Certifications List (cont.) Material SMC Section Sub jPage n Section Certification Needed Plant Stock & Landscape Materials V: Landscaping etc. 2 41 Several certifications Silt Fence V: Landscaping etc. 5 42 Certificate of Compliance with MARV values Flotation Silt Curtain V: Landscaping etc. 6 42 Manufacturers' certification of compliance Mulch Type 3 V: Landscaping etc. 12 42 Certified Vendor by Minnesota Crop Improvement Association must be tagged grain straw only on label. Mulch Type 6 Wood Chips V: Landscaping etc. 13 43 Emerald Ash Borer Compliance Agreement with the MDA Seeds V: Landscaping etc. 14 43 Certified Vendor by Minnesota Crop Improvement Association must be tagged. Seeds - Native V: Landscaping etc. 14 43 ,must Certified Vendor by Minnesota Crop Improvement Association be tagged. Sod V: Landscaping etc. 15 43 A certified tag by Minnesota Crop Improvement Association for Salt tolerant sod. A certificate of Compliance for all other types of sod listing grass varieties. Compost V: Landscaping etc. 16 43 APL/QPL with certified test reports. Waterproofing material membrane waterproof system VI: Chemical Items 44 Certificate and test results Waterborne latex traffic marking paint VI: Chemical Items 45 Certificate of Compliance Epoxy traffic paint VI: Chemical Items 45 Certificate of Compliance Traffic marking paint VI: Chemical Items 45 Certificate of Compliance Non-traffic marking paint VI: Chemical Items 45 Certificate of Compliance Bridge structural steel paint VI: Chemical Items 46 Certificate of Compliance Exterior masonry paint VI: Chemical Items 46 Certificate of Compliance Noise wall stain VI: Chemical Items 46 Certificate of Compliance Drop-on glass beads VI: Chemical Items 46 Certificate of Compliance Pavement marking tape VI: Chemical Items 46 Certificate of Compliance Steel sign posts VII: Metallic 2 48 Certification of domestic source if applicable under 1601 Posts for traffic or fence VII: Metallic 3A 48 Certification of domestic source if applicable under 1601 For fence: Fence certification form (Optional) Fence components VII: Metallic 313 48 Fence certification form (Optional) Fence gates VII: Metallic 3C 48 Fence certification form (Optional) Fence barbed wire fabric VII: Metallic 3D 48 Fence certification form (Optional) Fence woven wire fabric VII: Metallic 3E 49 Fence certification form (Optional) Fence chain link wire fabric VII: Metallic 3F 49 Fence certification form (Optional) Reinforcing steel uncoated bars VII: Metallic 5A 49 Certificate of Compliance & certified mill analysis Reinforcing steel epoxy bars VII: Metallic 513 50 Inspected tag or Certificate of Compliance & certified mill analysis Steel Fabric VII: Metallic 5E 50 Certificate of Compliance Dowel Bars VII: Metallic 5F 50 Certificate of Compliance Pre or post tensioning strand VII: Metallic 5G 51 Mill analysis Anchor rods & Structural Fasteners VII: Metallic 7,8 51 IYearly MnDOT passing test report MnDOT SD -15 June, 2015 (Rev. Sept., 2015) Schedule of Materials Control for 2016 Standard Specifications 11 _. " 7 Certifications List (cont.) Material SMC Section Sub Page Certification Needed Section Timber & lumber VIII: Miscellaneous 1 55 Certified on invoice Bearing pads VIII: Miscellaneous 4 55 Certificate of Compliance Corrugated metal pipe IX: Geosynthetics IA 56 Certified on invoice & Pipe Corrugated metal structural IX: Geosynthetics 1B 56 Certified on invoice plate & Pipe Corrugated metal aluminum IX: Geosynthetics IC 56 Fabricator's Certificate and guarantee plate & Pipe Concrete pipe IX: Geosynthetics 3A 56 Certified stamp and certification document & Pipe Precast box culverts IX: Geosynthetics 4A 57 Stamped & field inspection report & Pipe Prestressed beams & posts, etc. IX: Geosynthetics 4B 57 Stamped & field inspection report & Pipe Manholes & catch basins IX: Geosynthetics 5 58 Certification document or stamped & Pipe Thermoplastic pipe ABS & IX: Geosynthetics 7 58 Certificate of Compliance PVC & Pipe Corrugated PE Pipe: IX: Geosynthetics 8 58 Certificate of Compliance Single wall — edge drains & Pipe Corrugated PE Pipe: dual wall IX: Geosynthetics 13 59 Certificate of Compliance — 12 " -48" & Pipe Geotextile fabric IX: Geosynthetics 14 60 Manufacturers' Certification of compliance & Pipe Brick sewer concrete X: Brick, Stone, 1B 61 Air content statement Masonry Concrete masonry units X: Brick, Stone, 2A 61 Air content statement Masonry Light poles XI: Electrical & 1 62 Certificate of Compliance Signal Cable & Conductors XI: Electrical & 7 62 Usually inspected at the distributor. Documentation showing Signal project number, reel number(s), & MnDOT 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 & 14 64 Electrical Systems are to be reported as a "System" using the Signal Lighting, Signal, and Traffic Recorder Inspection Report. Traffic control signal systems XI: Electrical & 15 64 Traffic Control Signal Systems are to be reported as a "System" Signal using the Lighting, Signal, and Traffic Recorder Inspection Report. MnDOT SD -15 June, 2015 (Rev. Sept., 2015) Schedule of Materials Control for 2016 Standard Specifications 11) a a o 6 8 Telephone Index for Schedule of Materials Control Section Page Section Name Contact Phone Part I Page I Grading, Base & Reclamation — Terry Beaudry (651) 366-5456 Specifications 2105, 2106, 2118, 2211, John Bormann (651) 366-5596 2212, 2215, and 2221 Melissa Cole (651) 366-5432 Website: -,vwNv.dot.state.nisi,usi'niaterials;'gradiiiaa�idbase.litfnI Part 11 Page 9 Bituminous - Spec. 2360 John Garrity (651) 366-5577 Part 11 C Page 14 Asphalt Binder Allen Gallistel (651) 366-5545 Jason Szondy (651) 366-5549 Website: w-%v w. dot. state. inn. us/m aterials,,"bit aininotis.han I Part III Page 16 Bituminous Specialty Items Terry Beaudry (651) 366-5456 Greg Schneider (651) 366-5403 Melissa Cole (651) 366-5432 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 Concrete — Paving Rob Golish (651) 366-5576 Concrete — Bridges Ron Mulvaney (651) 366-5575 Concrete — Pavement Rehabilitation Gordy Bruhn 1(651) 366-5523 Website: %vww,ciot,state.iii.ii.,usii-n.?,terialsicoiierete.!-,tii I Part V Page 39 Landscaping and Erosion Control Items Erosion Control Lori Belz (651) 366-3607 Landscaping Scott Bradley (651) 366-4612 Wood Chips Tina Markeson (651) 366-3619 Part VI Page 42 Chemical Items Allen Gallistel (651) 366-5545 Dave Iverson (651) 366-5550 Part VII Page 45 Metallic Materials and Metal Products Sampling Steve Grover (651) 366-5540 Test Results Laboratory (651) 366-5560 Bridge Structural Metals Todd Niemaim (651) 366-4567 Part VIII Page 53 Miscellaneous Materials Sections Ithru 3 Steve Grover (651) 366-5540 Section 4 Todd Niemann (651) 366-4567 Test Results Laboratory (651) 366-5560 Part IX Page 54 Geosynthetics, Pipe, Tile, and Precast/Prestressed Concrete Sections I thru 11, & 13 Steve Grover (651) 366-5540 Section 12 Rich Lamb (651) 366-5595 Section 14 Blake Nelson (651) 366-5599 ITest Results Laboratory (651) 366-5560 Part X Page 59 Brick, Stone and Masonry Units/Modular Retaining Wall Blocks Sections 1, 2A,3, & 4 Steve Grover (651) 366-5540 Section 2B Blake Nelson (651) 366-5599 Test Results Laboratory (651) 366-5561 Part XI Page 60 Electrical & Signal Susan Zarling (651) 234-7052 Sections 1, 8-11 Steve Grover (651) 366-5540 Section 2, 4- 7 Wendy Garr (651) 366-5423 Section 3 Laboratory (651) 366-5560 Test Results MnDOT SD -15 June, 2015 (Rev. Sept., 2015) Schedule of Materials Control for 2016 Standard Specifications F. 9' .6 Form Index Grading and Base Form No. Form Name G &B — 001 Grading & Base Report G &B — 002 Random Sampling Acceptance G &B — 003 Weekly Grading and Base Testing Summary Report G &B — 101 Sieve Analysis G &B — 103 Percent Crushing Report G &B — 104 Certificate of Aggregates & Granular Materials G &B — 105 Moisture Test G &B — 203 (Table 2105 -6, 2106 -6) DCP Penetration Index Method G &B — 204 (Table 2211 -3) DCP Penetration Index Method G &B — 205 2215 DCP Penetration Index Form — Full Depth Reclamation G &B — 303 Moisture - Density (Proctor) Test G &B — 304 Relative Density Test G &B — 305 Estimated Optimum Moisture Content G &B — 401 IDepth Report — FDR, CIR, SFDR 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) 121412 Weekly Report of "Low Slump Concrete" 21763 Concrete Aggregate Worksheet 21764 Concrete Aggregate Worksheet JMF - Paving 21765 Concrete Aggregate Worksheet JMF 24143 Weekly Certified Ready -Mix Plant Report (Verification) 24300 ID Card Cement Samples 124308 ID Card Fly Ash Samples 24327 Field Core Report Concrete W/C Ratio Calculation Worksbeet Incentive /Disincentive Smoothness Worksheet Bituminous Form No. Form Name 2413 Asphalt Sample Identification Card Miscellaneous Form No. Form Name 2410 Sample ID Card 02415 Inspection Report for Small Quantities (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 (right side of page at website location below) v.c w,dirt.statc,inn us/Ilial eri als/lab.h tail DEPARTMENT OF TRANSPORTATION 11"isadvantaged Business Enterprise Special Provisions DBE Special Provisions Revised 3/27/2017 State Project Number: This contract uses the following project delivery method: This contract will be solicited and administered by: ® Design- bid -build (DBB) The Minnesota Department of Transportation ❑ Design -build (DB) (MnDOT) ❑ Construction Manager /General Contractor (CM/GC) ZA local governmental unit OR ❑ This is a professional - technical (PT) services contract Federal Regulations Govern. Some or all of the funds for this contract will come from the U.S. Department of Transportation (USDOT). Therefore, the federal Disadvantaged Business Enterprise (DBE) program described at Title 49, Part 26 of the Code of Federal Regulations (CFR) applies to this contract. The responder is responsible for understanding and following the requirements of 49 CFR Part 26. Purpose. These special provisions (1) outline the responder's obligations under the federal DBE program, (2) explain the process MnDOT Office of Civil Rights (OCR) will follow to evaluate the responder's compliance with DBE program requirements, and (3) identify sanctions for failing to comply with DBE program requirements. These provisions apply in addition to any other requirements applicable to award of this contract. Policy Statement. MnDOT must ensure nondiscrimination in the award and administration of federally eligible highway projects. The DBE program seeks to: • Create a level playing field on which DBEs can compete fairly for federally eligible highway projects, • Ensure that the DBE program is narrowly tailored, • Ensure that only eligible firms are permitted to participate as DBEs, • Help remove barriers to the participation of DBEs in federally eligible highway projects, and • Provide flexibility in establishing and providing opportunities for DBEs. Contract Assurance. The USDOT requires MnDOT, as a recipient of federal funds, to include the following paragraph in contracts for federally funded projects. It applies to the responder, and the responder must also include it in subcontracts the responder executes for this project. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to, (1) withholding monthly progress payments, (2) assessing sanctions, (3) liquidated damages, and /or (4) disqualifying the contractor from future bidding as non- responsible. Application and Interpretation. Terms must be interpreted as follows: • "Responder" refers to the bidder, apparent low bidder, proposer, or apparent successful proposer. • "Proposal" includes a bid, proposal or price proposal. DBE Special Provisions Revised 3/27/2017 "CRL" refers to AASHTOWare Project Civil Rights and Labor. For additional information about CRL, see Attachment 5. DBE Directory. A directory of all certified DBEs in the state of Minnesota is available at the following link: httD://mnueD.mete.state.mn.us/Default.aspx The Minnesota Unified Certification Program (MnUCP) maintains this directory. It is the definitive source of information regarding the DBE certification status of firms in Minnesota. A firm must be certified prior to contract execution in order to qualify for credit toward the DBE goal. False Claims. The Federal False Claims Act (31 USC §§ 3729 -3733) and Minnesota False Claims Act (Minn. Stat. § 150.02) apply to statements and certifications the responder makes in connection with the DBE program. DBE Goal The DBE goal for this project is 21.0 %. or0 Race /Gender Neutral To be eligible for award of this contract, the responder must demonstrate that the responder has (1) obtained sufficient DBE participation to meet the DBE goal or (2) made adequate good faith efforts (GFE) to meet the DBE goal. The responder must submit the information specified in Table A in the time specified in Table B. If the contract has a specific numerical DBE participation goal, all responders must include their DBE commitment for the contract at the time the proposal is submitted. If the responder does not properly document the responder's efforts or submit timely and complete documentation to MnDOT OCR, MnDOT must reject the responder's bid. Race /Gender Neutral Goal If the DBE goal is Race /Gender Neutral (RGN), all responders are encouraged to include their anticipated DBE utilization for the contract in their proposals. Each responder will still be required to submit a bidders list of all subcontractors and suppliers (both DBE and non -DBE) on projects with an RGN goal. While DBE participation is encouraged on proposals with an RGN goal, responders are not required to submit GFE documentation specified in Table A, other than a bidders last (parts D and E of Exhibit B, the GFE Consolidated form). Payment information described in Table C is required on all projects. DBE Credit DBE work may be counted toward the DBE goal for any of the following activities: • hiring a DBE as a subcontractor or consultant to do project work, • purchasing materials from a DBE (typically sixty percent of the supplier's contracted amount will count toward the goal), • leasing equipment from a DBE, • entering into a joint venture with a DBE (this requires approval from OCR before bid opening), or • using DBEs for other services specifically approved by OCR before bid opening. • If the responder is an eligible DBE, the responder may count all work being self - performed towards the subcontractor goals on this project. DBE credit is counted for work actually performed by a DBE. The DBE must perform a commercially useful function. Attachment 1 describes how MnDOT will count DBE credit and how MnDOT will determine whether a DBE performs a commercially useful function. 2 DBE Special Provisions Revised 3/27/2017 Table A — What to Submit to MnDOT Design- bid -build administered by MnDOT Construction Contract administered by heal [:]Construction Manager/General Contractor governmental unit administered by MnDOT T contract administered by MnDOT or local []Design-build administered by MnDOT governmental unit IF THE DBE GOAL IS MET IF THE DBE GOAL IS MET • Exhibit A for each DBE participating on the project • Parts A, B, C, D, and I of the GFE consolidated form • Exhibit A for each DBE participating on the project • The responder must submit their bidders list or bidder /quoter • Parts A, B, C, D, E, and I of the GFE consolidated form information electronically via CRL. For this reason, the responder does not need to fill out parts E of the GFE consolidated form. IF THE DBE GOAL IS NOT MET IF THE DBE GOAT, IS NOT MET • Exhibit A for each DBE participating on the project • Parts A, B, C, D, F, G, H and I of the GFE consolidated form • Exhibit A for each DBE participating on the project • The responder must submit the bidders list or bidder / quoter • Parts A, B, C, D, E, F, G, H and I of the GFE information electronically via CRL. For this reason, the consolidated form responder does not need to fill out part E of the GFE • Any additional information that will help explain the consolidated form. responder's efforts to obtain DBE participation (ONLY • Any additional information that will help explain the IF the responder does not meet the DBE goal) responder's efforts to obtain DBE participation (ONLY IF the responder does not meet the DBE goal) DBE Special Provisions Revised 3/27/2017 Table B _; When and How to Submit Information to MnDOT ✓ Design -bid builld ®Parofessional- technical Date and Time Date and Time The submission due date is the 51 calendar day after the bid due The submission due date is the 51 calendar day after the date. Documentation is due before 4:30 PM Central Time on successful responder is notified by MnDOT. Documentation is the 5` calendar day after the bids are due. due before 4:30 PM Central Time on the 5` calendar day after the date of the successful responder letter /email issued Format and Location by MnDOT. The responder can submit documents via email, fax, hand delivery, or U.S. mail. Submit to MnDOT OCR as follows: Format and Location The responder can submit documents via email, fax, hand delivery, or U.S. mail. Submit to MnDOT OCR as follows: Email: ocrformsubmissions .DOT @state.mn.us Fax: 651-366-3129. Email: ocrformsubmissions .DOT @state.mn.us To hand - deliver or submit by U.S. mail, address printed Fax: 651- 366 -3129. documents to MnDOT Office of Civil Rights, 395 John Ireland Boulevard, Mail Stop 170, St. Paul, MN 55155. To hand - deliver or submit by U.S. mail, address printed Submissions by U.S. mail will satisfy the timing requirement if documents to MnDOT Office of Civil Rights, 395 John Ireland postmarked by the time specified in the "Date and Time" Boulevard, Mail Stop 170, St. Paul, MN 55155. Submissions section above. by U.S. mail will satisfy the timing requirement if postmarked by the time specified in the "Date and Time" section above. MCOnstruction Manager /General Contractor sign -build Date and Time Date and Time The submission due date is the letting date. Documentation is The submission due date is 9:30AM on the Price Proposal due due before 4:30 PM Central Time on the letting date. date. Documentation is due no later than 9:30AM on the Subsequent bid packages are due no later than 4:30 PM on the Price Proposal due date. fifth calendar day following the letting of that bid package. Format and Location Format and Location See the Design - Build "Instructions to Proposers" for format and The responder can submit documents via email, fax, hand location delivery specifics. delivery, or U.S. mail. Submit to MnDOT OCR as follows: Email: ocrformsubmissions .DOT @state.mn.us Fax: 651 - 366 -3129. To hand- deliver or submit by U.S. mail, address printed documents to MnDOT Office of Civil Rights, 395 John Ireland Boulevard, Mail Stop 170, St. Paul, MN 55155. Submissions by U.S. mail will satisfy the timing requirement if postmarked by the time specified in the "Date and Time" section above. If the date the responder's submission is due is a Saturday, Sunday, federal holiday, or Minnesota state holiday, the documentation is due on the next calendar day that is not a Saturday, Sunday, federal holiday, or Minnesota state holiday. The responder may submit a written request for an extension from the Director of MnDOT Office of Civil Rights for good cause shown. However, until the responder receives written approval of their request, the due date for its submission remains as specified above. DBE Special Provisions Revised 3/27/2017 If the responder does not meet the DBE goal, MnDOT OCR will conduct a Good Faith Efforts (GFE) review to determine whether the responder made adequate GFE to meet the goal based on the documentation the responder has provided by the submission due date. The standards MnDOT OCR will use to evaluate GFE are described in Attachment 2. Also, if MnDOT OCR determines that the responder did not make adequate GFE to meet the goal, the responder will be deemed non - responsible. The responder may request an administrative reconsideration of that determination. The process for administrative reconsideration is described in Attachment 3. DBE Commitments, Termination, and Replacement The DBE Description of Work and Field Monitoring Report (Exhibit A) commits the responder to using the specified DBEs to perform work or supply materials. This commitment is binding on the responder unless the responder requests and is granted written approval from MnDOT OCR. If the responder fails to use a specified DBE for the amount of compensation the responder has specified in the Exhibit A form, without requesting and receiving written approval from MnDOT OCR, the responder has materially breached this contract and may not be entitled to payment for the work or materials that were committed to be performed by the DBE. MnDOT OCR will not approve the responder's request to terminate a DBE unless the responder (1) gives written notice to the DBE, with a copy to MnDOT OCR, of the responder's intent to request to terminate the DBE's subcontract, (2) allow at least five business days for the DBE to advise the responder and MnDOT OCR of the reasons, if any, it objects to the proposed request to terminate, (3) demonstrate good cause to terminate the DBE as described in Attachment 4, and (4) either replace the DBE with another DBE for at least as much compensation as the initially specified DBE or make GFE to do so. MnDOT OCR will use the GFE standards described in Attachment 2 to determine whether the responder made GFE. MnDOT OCR may shorten the five -day DBE response period if there is a public necessity. The responder may request assistance from MnDOT OCR to identify available replacement DBEs. If the responder is involved in a negotiated procurement with MnDOT, the responder must obtain written approval from MnDOT as described in this section before deleting or substituting a DBE the responder has identified as part of a negotiation package. The responder must notify MnDOT OCR of any changes or substitutions to DBE participation, including changes occurring during the negotiation phase of the contract. Continuing Good Faith Efforts After contract award, the Contractor has a continuing obligation to make adequate good faith efforts to meet the DBE goal for the duration of the contract. Good faith efforts are explained in Attachment 2. To receive credit for DBE participation added after award, the responder must report the participation to MnDOT OCR and submit a DBE Description of Work and Field Monitoring Report (Exhibit A). Prompt Payment to Subcontractors The responder must pay each subcontractor no later than 10 business days of receiving payment for undisputed services provided by the subcontractor. This applies to all subcontractors. The responder must pay the subcontractor interest charges of 1.5 percent per month, or any part of a month, on any undisputed amount not paid within 10 days. The responder must make prompt and full payment of any retainage kept by the prime contractor to the subcontractor within 10 days after the subcontractor's work is satisfactorily completed "Satisfactorily completed" means all tasks identified in the subcontract have been accomplished and documented as required by MnDOT. If MnDOT has incrementally accepted a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. The responder must report payment information as specified in Table C. If the responder fails to comply with prompt payment requirements, including reporting requirements, the responder has materially breached this contract. 5 DBE Special Provisions Revised 3/27/2017 Furthermore, verification of the responder's final payment to each subcontractor is a condition of final clearance from MnDOT (SCR and final navment from MnDOT. Table C — Required Payment Submissions �[ Design -bid -build administered by MnDOT ©nstruction Contract administered by local :[3 Construction Manager /General Contractor gCi!tF %unit administered by MnDOT Des' n -build administered b MnDOT OPT contract administered by nDOT ' ® Within 10 business days of the responder's receipt of MnDOT Within 10 business days of the responder's receipt of payment: MnDOT or Local Government Unit payment: • the responder must submit information about individual • the responder must submit a Contractor Payment Form payments to subcontractors via CRL. to MnDOT after each payment to a subcontractor. When final payment has been made to subcontractors: When final payment has been made to all • the responder must submit information about the responder's subcontractors: final payment to each subcontractor via CRL. • the responder must submit a Total Payment Affidavit to • the responder must submit a Total Payment Affidavit to MnDOT OCR after final payment to all DBE MnDOT OCR after final payment to all DBE subcontractors. subcontractors. To fax your submission, use 651- 366 -3129. To fax your submission, use 651 - 366 -3129. To email your submission, attach documents as PDFs and To email your submission, attach documents as PDFs and send to send to ocrformsubmissions .dot @state.mn.us ocrformsubmissions.dot@state.mn.us To submit by U.S. mail, address printed documents to To submit by U.S. mail, address printed documents to MnDOT MnDOT Office of Civil Rights, 395 John Ireland Office of Civil Rights, 395 John Ireland Boulevard, Mail Stop Boulevard, Mail Stop 170, St. Paul, MN 55155. 170, St. Paul, MN 55155. Appendices Explanatory Attachments • Attachment I — Counting and Commercially Useful Function • Attachment 2 — Good Faith Efforts Documentation and Standards • Attachment 3 — Administrative Reconsideration • Attachment 4 — Good Cause to Terminate a DBE • Attachment 5 — Information about AASHTOWare Project CRL Forms • Exhibit A — DBE Description of Work and Field Monitoring Report • Exhibit B — GFE Consolidated Form (Parts A -I) • Exhibit C — Contractor Payment Form • Exhibit D — Total Payment Affidavit DBE Special Provisions Revised 3/27/2017 Attmohmmmtl — Countingmnd Commercially Useful Function DBE Counting _ Generally kd When u DBE participates inucontract, MoD0T will only count the value ofthe work actually performed 6n the DBE toward DBE goals. l. Tbeortbrumountofthcpodiouof0000stcuoti0000ntruct(orothoccootruotuctcuve/ed6vpanagrupb49C.p.AL.O 20.55(u)(2)) that im performed hv the DBE's own forces. Include the cost uf supplies and materials obtained bvthe DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies, and equipment the DBE subcontractor purchases o/ leases from the prime contractor or its at5liatc). 2. The entire amount of fees or commissions charged hva DBE finmfor providing u bona fiduservice, such oa professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, counts toward DBE goals, provided that MnDOT determines the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontract work may be counted toward DBE goals only if the DBE's subcontractor ia itself uDBE. Work that u DBE subcontracts tou non- DBE firm will not count toward DBE goals. (b) When a DBE perforins as a participant in ajoint venture, MnDOT will count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work o[ the contract that the DBE performs with its own forces toward DBE goals. (c)Ifu firm im not currently certified uou DBE inaccordance with the standards of49CFBL Part 26 subpart Z)ut the time of execution of the contract, MoI)OT will not count the firm's participation toward any DBE goals. (d) The dollar value of the work performed under a contract with a firm after it has ceased to be certified will not be counted toward the overall goal. (e)MoD()T will not count the participation ofu[)B2mubcontractor1nwardthereoyouder`oOnu/oozuy]iauouvvdhthe responder's DBE obligations on a contract until the responder has paid the amount to the DBE. DBE Counting — Materials and Supplies (D MuIJ()TvviD count the responder's expenditures with I}QBa for materials or supplies toward DBE goals as fbUop/a. |. MuD0T will count |00%of the cost of the materials or supplies toward DBE goals if the responder obtains the materials oc supplies from a DBE manufacturer. 2. For purposes of this section (f),u manufacturer imu firm that operates ormuiotubnsofbctoryoreatAbliahmoottha1 produces, oo the premises, the materials, supplies, articles, or equipment ooquiredundczdbecootractundofthe general character described iothe specifications. 3. If the responder purchases the materials or supplies from a DBE regular dealer, Mn[)()T will count 6OY6of the cost of the materials m supplies toward DBE goals. 4. For purposes of this section (f), u regular dealer io u firm that owns, operates, or maintains umtorc, p/urobonoc, or other establishment in which the materials, supplies, articles or equipment of the gencruobucucterdcucrihedhvtbe N DBE Special Provisions Revised 3/27/2017 specifications and required under the contract are bought, kept in stock, and regularly sold to or leased to the public in the usual course of business. A. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. B. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business as provided in 49 C.F.R. §26.55(e)(2)(ii) if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long -term lease agreement and not on an ad hoc or contract -by- contract basis. C. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this section (e). D. If a DBE firm is supplying bulk materials such as petroleum products, steel, cement, gravel, stone or asphalt which are delivered to the project site or a commercial establishment for processing or storage prior to reaching the project site, the firm will receive 60% credit only for the total cost of materials and associated hauling used on this contract. (g) With respect to materials or supplies the responder purchases from a DBE which is neither a manufacturer nor a regular dealer, MnDOT will count the entire amount of fees or commissions the responder pays for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided MnDOT determines the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. MnDOT, however, will not count any portion of the cost of the materials or supplies themselves toward DBE goals. Commercially Useful Function — Generally (h) MnDOT will count expenditures of a DBE toward DBE goals only if the DBE performs a commercially useful function on the contract. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the materials, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, MnDOT will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and DBE credit claimed for its performance of the work, and other relevant factors. 2. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, MnDOT must examine similar transactions, particularly those in which DBEs do not participate. 3. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, MnDOT must presume that it is not performing a commercially useful function. DBE Special Provisions Revised 3/27/2017 4. When a DBE is presumed not to be performing a commercially useful function as provided in the preceding paragraph, the DBE may present evidence to rebut this presumption. MnDOT may determine that the firm is performing a commercially useful function given the type of work involved and normal industry practices. 5. MnDOT decisions regarding commercially useful function are subject to review by the concerned operating administration but are not administratively appealable to DOT. Commercially Useful Function — Trucking (i) MnDOT will use the following factors to determine whether a DBE trucking company performs a commercially useful function. I . The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of the meeting DBE goals. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures and operates using drivers it employs. 4. The DBE may lease trucks from another DBE firm, including an owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. 5. The DBE may lease trucks equipped with drivers from a non -DBE firm. In such a case, the DBE is entitled to credit for the total value of transportation services provided by the non -DBE firm not to exceed the value of transportation services provided by DBE -owned trucks or leased trucks with DBE employees. Additional participation by trucks and drivers from non -DBE firms will receive credit only for the fee or commission paid to the non -DBE firm as a result of the lease arrangement. 6. The DBE may also lease trucks without drivers from a non -DBE firm. If the DBE firm uses its own employees to drive the leased trucks, the DBE firm is entitled to credit for the full value of the transportation services. 7. For purposes of this section, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for the use of the leased truck. Leased trucks must display the name and identification number of the DBE. M DBE Special Provisions Revised 3 /27/2017 v Attachment 2 — Good Faith Efforts Documentation and Standards If the responder's DBE commitment falls short of the DBE goal, the responder must demonstrate adequate good faith efforts (GFE) in order to be eligible for contract award (49 CFR § 26.53). To demonstrate that the responder made adequate GFE, the responder must show documentation that the responder took all necessary and reasonable steps to achieve the DBE goal which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if the responder were not fully successful. The efforts employed by the responder should be those that one could reasonably expect the responder to take if the responder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the contract requirements. The GFE consolidated form, attached to these provisions as Exhibit B, provides a helpful start to the responder's documentation, but the responder is not limited to the information specified in the consolidated form. When the responder submits GFE documentation, the responder must explain the relevance of any documents the responder submits that are not mentioned in these special provisions or the related forms. Responder is encouraged to submit ALL information that supports good faith efforts with an explanatory narrative. Only documentation provided to MnDOT OCR by the submission due date can be considered by MnDOT to determine GFEs. Good Faith Efforts Evaluation MnDOT will consider the actions listed below when evaluating the responder's GFE documentation. This list closely resembles a list in 49 CFR Part 26, Appendix A. The listed actions are consistent with GFE, but the list is not a mandatory checklist, nor is it intended to be exclusive or exhaustive. MnDOT will also consider the performance of other bidders relative to the DBE goal. Other factors or types of efforts may be relevant in appropriate cases. MnDOT will make GFE determinations on a case -by -case basis. (a) Conducting market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at pre -bid and business matchmaking meetings and events, advertising and /or written notices, posting of Notices of Sources Sought and /or Requests for Proposals, written notices or emails to DBEs that specialize in the areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project. The bidder should solicit this interest as early as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up on initial solicitations. (b) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation. (c) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract. (d) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE 10 DBE Special Provisions Revised 3/27/2017 goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. (e) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non -union status) are not legitimate causes for the rejection or non - solicitation of bids in the contractor's efforts to meet the project goal. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals. A prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the contractor has the ability to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE's reasonable quote. (f) Making efforts to assist interested DBEs in obtaining bonding, lanes of credit, or insurance as required by the recipient or contractor. (g) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. (h) Effectively using the services of available minority /women community organizations; minority /women contractors' groups; local, State, and Federal minority /women business assistance offices; and other organizations as allowed on a case -by -case basis to provide assistance in the recruitment and placement of DBEs. After reviewing the responder's GFE documentation and the performance of other bidders relative to the DBE goal, the Director of MnDOT OCR, or his or her designee, will determine whether the responder met the DBE goal or made adequate GFE. MnDOT OCR will mail the Director's determination to the responder approximately 15 business days after the responder's submittals are received. if the Director determines that the responder failed to meet the DBE goal or make adequate GFE, MnDOT OCR will send the notice by certified U.S. mail. 11 DBE Special Provisions Revised 3/27/2017 - Attachment 3 — Administrative Reconsideration If the Director determines that the responder failed to make adequate good faith efforts (GFE), the responder may request administrative reconsideration of that determination (49 CFR §26.53(d)). Requesting Reconsideration The responder's request for reconsideration must be written and timely. Otherwise, the responder will be deemed to have waived the right to reconsideration. If the responder sends the request by fax or personal delivery, MnDOT must receive it no later than 4:30 PM on the Fifth business day after the responder receives notice of the Director's determination. If the responder sends the responder's request by U.S. mail, it must be postmarked no later than the fifth business day after the responder receives notice of the Director's determination. The responder is deemed to have notice as of the date indicated on the certified mail receipt signed by the responder or the responder's representative at the time of delivery. The responder's written request must be submitted to the attention o£ MnDOT Deputy Commissioner at: MnDOT, 395 John Ireland Blvd., St. Paul, MN 55155; or by fax at 651- 366 -4795. A copy of the same request must be sent to the Director of the MnDOT Office of Civil Rights at 395 John Ireland Blvd., St. Paul, MN 55155 or by fax at 651- 366 -3129. Reconsideration Process The Commissioner of MnDOT will designate officials to serve as Reconsideration Officials. The Reconsideration Officials shall not have any role in the original determination that the responder failed to meet the DBE goal or make adequate GFE to do so. As part of the reconsideration process, the responder will have the opportunity to: • Provide the Reconsideration Officials written documentation and arguments as to why the responder believe the responder met the DBE goal or made adequate GFE to do so (49 CFR § 26.53(d)(1)). • Meet in person with the Reconsideration Officials to explain why the responder believes the responder met the DBE goal or made adequate GFE to do so (49 CFR § 26.53(d)(3)). The Reconsideration Officials will reconsider the record documenting the GFE the responder made. The reconsideration process is a review of only the GFE the responder made as of the submission due date specified in Table B. GFE made after that date will not be considered. MnDOT will provide the responder with a written decision within 5 business days following the date the responder is scheduled to meet with the Reconsideration Officials. The written decision will include an explanation of reasons for the decision. The decision is not subject to administrative appeal to the U.S. Department of Transportation (49 CFR § 26.53(d)(5)). 12 DBE Special Provisions Revised 3/27/2017 The responder may not, without written approval from MnDOT OCR, terminate or replace a DBE whose participation the responder represented in the original DBE commitment. MnDOT OCR will not approve a request to terminate or replace a DBE unless the responder demonstrates good cause to do so. In accordance with 49 CFR § 26.53(f), good cause includes the following circumstances. (a) The DBE subcontractor fails or refuses to execute a written contract; (b) The DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work in the subcontract results from the bad faith or discriminatory action of the prime contractor; (c) The DBE subcontractor fails or refuses to meet the prime contractor's reasonable, nondiscriminatory bond requirements; (d) The DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; (e) The DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to 2 CFR parts 180, 215 and 1,200 or applicable state law; (f) OCR has determined that the DBE subcontractor is not a responsible contractor; (g) The DBE subcontractor voluntarily withdraws from the project and provides to OCR written notice of its withdrawal; (h) The DBE is ineligible to receive DBE credit for the type of work required; (i) A DBE owner dies or becomes disabled with the result that the DBE contractor is unable to complete its work on the contract; or 0) Other documented good cause that MnDOT OCR determines compels the termination of the DBE subcontractor. Good cause does not exist if the responder seeks to terminate a DBE represented in the responder's DBE the DBE. 13 DBE Special Provisions Revised 3/27/2017 Attachment 5 — Information about AASHTOWARE Project CRL General Information AASHTOWare Project Civil Rights Labor (CRL) is a web-based system that currently allows contractors to submit electronic payroll, subcontract and subcontractor payment information, and Bidder/Quoter submittals. Design-bid-build construction contracts let by MnDOT, advertised after July 1, 2013, report information through the CRL system. More information regarding CRL requirements can be found in the MnDOT Standard Specifications for Construction: Electronic Submission of Payrolls and Statements and Bidders Lists for Federally Funded Projects. Registration and Training Information on annual contractor training, vendor and user registration, system support, forms, and manuals can be found at: https://Nvww.dot.state.mn.us/const/labor/civil-rights-labor.html MnDOT also provides access to a CRL Interactive E-learning Tool at: httl2s: / /www. dot. state .mn.us /onlineleaniing /Icu /crl/ Rev. 3/17 M1 DEPARTMENT OF Exhibit A - DBE Description of Fork and Field Monitoring Report TRANSPORTATION A contract will not be awarded to the Prime Contractor unless this form is submitted with a signed subcontract, purchase order, or affidavit for each DBE participating in the contract. This form is complete when the DBE subcontractor has filled in all of the applicable information in sections A through D and signed in section E. PLEASE PRINT CLEARLY OR TYPE. Section (A): (All DBE subcontractors, including trucking firms, must complete this section.' ) MUST BE COMPLETED BY THE DBE PINCIPAL Letting Date: Prime Contractor: DBE Subcontractor: DBE Principal Name: State Project Number: Phone #: Phone #: Total Subcontract $: DBE Participation Claimed: Percent % Amount $ Section (B): (All DBE subcontractors, including trucking firms and suppliers, must complete this section.) 1. Did you bid and sign a subcontract agreement with the above -named prime contractor? 2. List the line items to be performed and the associated North American Industry Classification System (NAICS) codes for each item: Scope of Work Associated NAICS Code 3. If equipment to be used is not owned by your firm, please provide the following infonnation: a. Will you be renting or leasing any of the following: (Attach a copy of the lease or rental agreement(s). Equipment Insurance Operator _ or Maintenance b. Lessor's name: Amount to be paid: Number of days to be used: 4. Will there be any other firm(s) providing work listed in your (DBE) subcontract? If yes, answer the following: Firm's Name: $ amount of the work: 5. What is the name of the person supervising your work on this project? Is this your employee? 6. Is your firm purchasing materials (including Bulk Materials such as AC Oil, Cement, Gravel, etc.) to be supplied or installed on the project? YES NO (If "Yes" Complete Section C below) Section (C) (DBE firms purchasing or supplying materials on the project complete this section.) Please submit Purchase Agreement, Materials Invoice, or Purchase Order from manufacturer(s) or primary material supplier(s). 1. What material(s) are you supplying? 2. Total dollar amount of materials to be supplied? 3. 4. 5. 6. Who are you purchasing the materials from? What is the quantity of material to be purchased? Where are the materials being delivered? (ie. project site or plant) Is the delivery equipment owned and operated by your firm? YES If not, who owns and operates the equipment? rZ Rev. 3/17 MnDOT OCR Section (D) TO BE COMPLETED ONLY BY DBE TRUCKING FIRMS AND MATERIAL HAULERS 1. 2. 3. 4. C The number of hours contracted or quantities to be hauled on this project? How many fully operational units will be used on this Project? (Tractor /trailers: How many fully operational units will be yours? (Dump trucks: How many other units will be yours? (Tractors: T T..... , VrC, . 41i 11 . oa n.. +1,i, —;—+9 (T—t -- TYAi pm Dump trucks: Tractors /trailers: ) Trailers: Damn Trucks 1 Name of DBE ITOs (add a list if necessary) Dollar Amount of Contract/Agreement Number of Dump Trucks, Tractors /Trailers (specify) 1. 2. 3. 4. Section (E): (All DBE subcontractors, including trucking firms, must complete this section.) I hereby certify that the information presented above is correct. I agree to inform the Office of Civil Rights in writing of any change within 10 days of the change. DBE Company: DBE Principal: Signature 1 Ytie uaie Section (F): TO BE COMPLETED BY MnDOT OFFICE OF CIVIL RIGHTS STAFF PERSON Reviewed by OCR: OCR Main Phone No: 651- 366 -3073 Email for OCR Forms: OCRFormSubmissions .DOT @state.mn.us Section (G): TO BE COMPLETED BY PROJECT ENGINEER WHEN THE DBE's PORTION OF WORK IS 1/3 TO'/7, COMPLETED 1. Does it appear that the DBE firm is performing the work specified in (Exhibit "A ") description of work? Yes No 2. Does it appear that the DBE contractor is managing their portion of the project and using their own company employees? Yes No 3. Does it appear that the DBE contractor is providing the equipment for their items of work or other work specified? Yes No 4. Does it appear that the quality of the DBE contractor's performance, scheduling and project management are meeting industry standards? Yes No 5. If the DBE is supplying materials, are the quantities proportionate for what is required on the project (refer to Section C above)? Yes No 6. Comments: NOTE: If you, as the Project Engineer, have checked "NO" to any of the above questions or have any other comments, it is important that you contact the MnDOT Office of Civil Rights Staff Person assigned to this project. Project Engineer: Date: oaEpARTnaeNTHoF Exhibit B - Office of Civil Rights - Good Faith Efforts Consolidated Form TRANSPORTATION (Includes Parts A -I) This form will assist you in demonstrating that you met the DBE goal or made adequate good faith efforts to meet the goal. You must provide this form and all supporting GFE documentation to the MnDOT Office of Civil Rights prior to the submission due date identified in Table B of the DBE Special Provisions. PART B - PROJECT DESCRIPTION (You must complete this part.) STATE PROJECT # CONTRACT # (if Applicable) []Attach copy of MnDOT Advertisement ANTICIPATED START DATE (Based on progress schedule) EXPECTED COMPLETION DATE (Based on progress schedule) DBE GOAL DBE COMMITMENT 1pe of GFE Information — Check one only) VS re -award ost- award /Execution TOTAL DBE PARTICIPATION DOLLARS BASED ON ADVERTISED DBE GOAL (Total prime bid $ * DBE % Goal) PART C — PROJECT SUMMARY AMOUNTS You mast complete this art. TOTAL PRIME BID TOTAL DOLLARS COMMITTED TO NON-DBE 'S (Not including suppliers) TOTAL DOLLARS COMMITTED TO DBE' S (Not including suppliers) TOTAL DOLLARS COMMITTED TO DBE SUPPLIERS (Total paid to DBE suppliers 60 %) WORKED PERFORMED BY PRIME PERCENT OF WORK PERFORMED BY PRIME TOTAL DBE PARTICIPATION REMAINING (Difference between DBE goal $ and DBE commitment $ ) $ Rev. 3/17 O en O O O CIS O 9 LL z 0 I.- I— Z :10 "- a. uj < QI CIO El c' El El 0 1:1 E I E 1 E I F 1 0 1c O 3a O ai .22 V1 Jew O cC r:) u u T-14, C) .22 El 7c" F—I .. El ® El Fl 4c' El El �0� i:i El 7� �d 9z 4.1 cl tb C) w Cd qj qj 0- 9z CC CC ct O 4C.) 0 gz 2 z 00 Lu Z 1.-0 9L F, 2 C) z u u z u u tA Z uj ¢ pa Z 3 z T-14, rrTOT� F^�Y 0 O U W w ,.O 0 0 L7 U 4-. O U U LL Z 00 ~ Q Z M W O N WQ O V t� O i � rtr F z � G a� t ^o � �'a t a� d E i01 c o � •3 y � W o Q � a � { � U • o �3 � 0 � Q � o v .n d G 4� a3 h � U L y. ti CO y � Q d CC U C U LLB ) A O p A U Ed i �Q Ui'i A •� x � b 2 0 � U RS O ca d U o 1 a O N cd U r 'y O e.H O 0 'w 6 v A • mmmommossommus it 1 r CC v h bA O v C� r% n C N 1 r CC v h bA O v C� r% n C N E O O U t O O O cn LL Z 02 FI-- Z uj 0 M 4n uj OL R 0 Ci I c. O O rTl LID cz O o Ll. 0.0 w 0.2 A 4- cy VD cy Pw Z 06 R 0 Ci I M1 DEPARTMENT OF TRANSPORTATION Rev. 3/17 Office of Civil Rights— Good Faith Efforts Consolidated Form State Project Number: Contractor: PART H — DESCRIPTION OF GOOD FAITH EFFORTS (Complete this part only if DBE goal is not met. Use additional sheets if necessary.) Please describe below or in a separate letter any aspects of your efforts to obtain DBE participation that are not already apparent from the information provided in parts A -G. This is an opportunity to "tell the story" of your GFE. Please give special attention to the factors identified in Attachment 2 of the DBE special provisions and 49 CFR Part 26, Appendix A. The following questions may help you organize your description. The questions below are not intended to be a checklist or an exhaustive list of what is considered in evaluating GFE. Information not submitted will not be considered in making a finding of Good Faith Efforts. Questions to consider: • Did you use the current DBE directory to identify DBEs? • Did you break out work into units that small businesses such as DBEs could reasonably perform? • Did you solicit DBE participation for work you could have self - performed? • Did you overlook any DBEs whose business operations are geographically close to the project? • Did you host any DBE informational workshops or attend any MnDOT sponsored DBE events? • Did you contact minority business organizations about DBE opportunities? • Did you send timely written (fax, e -mail, etc.) solicitation notices to certified DBEs? • Did your solicitation notice include the following information? name and location of project, bid date, scope of work requested, location where DBEs can review plans and specifications, date and time to submit quote, contact name for technical assistance, any special requirements • Did you provide any contacts for possible bonding, insurance, or lines of credit? • Did you provide any technical assistance relative to bonding, insurance, or lines of credit? • Did you maintain a follow -up log to track responses to your initial solicitations? • Did you track the following information after initial solicitation? name of DBE firm, type of contact (fax, telephone, e -mail, etc.), date and time DBE contacted, name of contact person, response received, reason for DBE not bidding (f applicable) • Did you receive bids from DBE's that you did not accept? If so, what were your reasons? Type Response Below: M11 Exhibit B — Good Faith Efforts Consolidated Form Rev. 3/17 DEPARTMENT OF TRANSPORTATION PART I — CERTIFICATION / GOOD FAITH EFFORTS AFFIDAVIT (You must complete this part.} STATE OF MINNESOTA COUNTY OF I (Full Name) 1. I am the of being first duly sworn, state as follows: (Title) (Name of Individual, Company, Partnership, or Corporation) that has submitted a bid for State Project 2. I have the authority to make this affidavit for and on behalf of the apparent low bidder. 3. The information provided in the attached Good Faith Efforts Consolidated Form is true and accurate to the best of my belief. SIGNATURE (Bidder or Authorized Representative) TITLE DATE Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 Pursuant to 49 CFR § 26.107, if any person or firm has willfully and knowingly provided incorrect information or made false statements in connection with the Federal DBE program, the USDOT may initiate suspension or debarment proceedings against such person or firm under 49 CFR Part 29, take enforcement action under 49 CFR Part 31, Program Fraud and Civil Remedies, and/or refer the matter to the Department of Justice for criminal prosecution under 18 U.S.C. 1001, which prohibits false statements in Federal programs. 15 aCi Q. 2 5" tm 0 Cc, Ll ooa P4 ti O CL W o 0 02 ZE • 2 5" Ll ti bD O u. in O c.n CIO Jt 40. � 0 40, - MA DEPARTMENT OF TRANSPORTATION Total Payment Affidavit Pursuant to MnDOT Standard Specifications for Construction, Section 1516.3, the following DBE Total Payment Affidavit shall be executed by the Prime Contractor after all work contracted to be performed by DBEs has been satisfactorily completed. This Affidavit is required prior to MnDOT Office of Civil Rights issuing final clearance on the project. Identify each DBE firm that worked on the project and the dollar amount of the subcontract. If the dollar value of DBE firm's total work is less than the DBE's original subcontract, please attach an explanation. State Project Number: 1 �D • • • • 11 (Full Name) 1. I am the authorized representative of being first duly sworn, state as follows: (Name of Individual, Company, Partnership or Corporation) and I have the authority to make this affidavit for and on behalf of said Prime Contractor. 2. The following DBE Subcontractors /Suppliers /Service Providers /Sub - Consultants have work on the above project with a total dollar value of: Name of DBE Firm ( Dollar Amount of Subcontract I Total Dollar Amount Paid 3. I have fully informed myself regarding the accuracy of the statements made in this Affidavit. Signed: (Prime Contractor or Authorized Representative) Subscribed and sworn to before me This day of , 20, (Notary Public) My commission expires , 20, Prepare affidavit in duplicate. Submit one affidavit to the Project Engineer, and one to: nDOT's Office of Civil Rights, 395 John Ireland Blvd., MS 170, St. Paul, IWN 55155 or email completed form to: ocrformsubmissions .dot@state.mn.us No. 1516.3 — Standard Specifications for Construction Unless the Contractor has presented an Affidavit showing the total dollar amounts of work performed by Disadvantaged Business Enterprises (DBE), a final clearance letter will not be issued. Rev. 3/17 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (MnDOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 6, 7-8, 9-14, 15, 16-17, 22-26, 27-38). The MnDOT Office of Civil Rights monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding, and has a total dollar value exceeding $ 100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 6, 9-14, 16-22). MnDOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statutes §363A.36 and its accompanying rules. MnDOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 23-38 of these Special Provisions may be omitted from projects with no Federal funding. 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 EEO Compliance Review Report ............................................................................................................. 22 On-The-Job Training Program: Trainee Assignment ............................................................................... 23 Certification of On-the-Job Training Hours: Federal-Aid Projects .............................. .............................24 On-the-Job Training (OJT) Program Approval Form ................................................................................ 25 On-the-Job Training (OJT) Program Trainee Termination Form .............................................................. 26 Required Contract Provisions: Federal-Aid Construction Contracts ............................ .............................27 EEO Page 1 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 I i I ' I' �! ' I, V 1 The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 4), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 7- 8), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 9 -14), the "Equal Opportunity Clause" (EEO Page 15) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 27 -38). 2. The goals and timetables for minority and women participation, expressed in percentage terms of hours of labor for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 16 -17. These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non - federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60 -4, and /or Minnesota Statutes §363A.36 and its accompanying rules shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a) for Federal or federally assisted projects, and Minnesota Statutes §363A.36, and its accompanying rules for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60 -4 for Federal or federally- assisted projects and /or Minnesota Statutes §363A.36 and its accompanying rules for state or state - assisted projects. Compliance with the goals will be measured against the total work hours performed. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed. EEO Page 2 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 11 IN V 101-a IN 011 IN 1 IN 0104 1 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 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its accompanying rules are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying rules is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 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). 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. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non - discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Freeman Building, 625 Robert Street North, Saint Paul, Minnesota 55155. (651) 539 -1100, TTY 296 -1283, Toll Free 1- 800 - 657 -3704. The Contractor shall notify each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals. EEO Page 4 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 It is the Minnesota Department of Transportation's (MnDOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. MnDOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on MnDOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job - related efforts of supervisor to direct /evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and /or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on MnDOT projects shall ensure that their managers, supervisors, foremen /women and employees are familiar with MnDOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen /women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently 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 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 PWJ1,PVJWAP REPORTING , 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. 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 upon request. Please call the Office of Civil Rights, (651) 366 -3073 EEO Page 6 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIUM (23 CFR 230, lt, i 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 21 U.S.C., as established by Section 22 of the Federal -Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. b. The contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. e. The contractor and all his /her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to State highway agency contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: (1). Periodic meetings of supervisory and personnel office staff will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2)_ All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3). All personnel who are engaged in direct recruitment for the project will be instructed by the EEO officer or appropriate company official in the contractor's procedures for locating and hiring minority group employees. b. In order to make the contractor's equal employment policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1). Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2). The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 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.) e. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (cont.) classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e. apprenticeship, and on -the- job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event the Training Special Provision is provided under this contract, this subparagraph will be superseded as indicated in Attachment 2. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If a contractor relies in whole or in part upon unions as a source of employees, the contractor will use his /her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and /or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents thecontractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. EEO Page 8 Revised 07/12 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 07/12 CONSTRUCTION , i . SPECIFICATIONS ' 60-4.3 an9 Minnesota Unless noted, the following apply to both Federal /federally assisted projects and State /state assisted projects. Item 3 applies to Federal /federally assisted projects only 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Fax 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 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 C411TANDARD FEDERAL AND STATE EEO CONSTRUCTION 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of Civil Rights. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section §363A.36 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 10 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 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 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 STANDARD FEDERAL AND STATE EEO CONSTRUCTION SPECIFICATIONS CONTRACT i (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment- related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(1) in Minnesota Rules.) EEO Page 12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 I "• I • (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 0 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 CONTRACT 0TANDARD FEDERAL AND STATE EEO CONSTRUCTION ! 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section §363A.36. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section §363A.36, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section §363A.36, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section §363A.36 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60 -4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment - related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. EEO Page 14 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60-1.4 b,7-l46Edition) The applicant hereby agrees that it will incorporate or cause to6e incorporated into any contract for construction work, nr modification thereof, as defined in the regulations of the Secretary of Labor at 41 CF8 Chapter 60, which ia paid for io whole orinpart with funds obtained from the Federal Government or borrowed oo the credit of the Federal Government pursuant zou grant, contract, loan, insurance, o, guarantee, the following equal opportunity clause: During the performance nf this contract, the Contractor agrees aufollows: |. 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 (SRA) 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 qnu|ifiudapplicants 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 ur workers' representative ofthe 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 (FRWA) 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 Bxxcmjvo Order 11246 ur6yrule, regulation, oz order ofthe Secretary ofLabor, or as otherwise provided bylaw. 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 oy 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 SBA to enter into such litigation to protect the interest of the State. lu addition, theCootrocto may request the United States toenter into such litigation to protect the interests of the United States. The applicant further agrees that it will bo bound 6y 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 iuu State *rlocal government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate iu work 000r 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 ofthe Secretary uf Labor, that d will furnish the administering agency and the Secretary of Labor such information ay 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 d will refrain from entering into any contract or contract nzudifioa600subject zo 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 D` Subpart Du[the Executive order. Tu addition, the applicant agrees that ifb fails or refuses tocomply with these undertakings, the administering agency may take any uo all uf the following actions: Cancel, terminate, or suspend bu whole orin part this grant (oonouo, loan, insurance, guaruntc); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 15 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Rfinority and Women Employment Goals Revised 07/12 County Federal Goals Minority Goal Women Goal State Goals Minority Goal Women Goal Aitkin 2.2% 6.9% 5% 6% Anoka 2.9% 6.9% 22% 6% Becker 0.7% 6.9% 6% 6% Beltrami 2.0% 6.9% 6% 6% Benton 0.5% 6.9% 3% 6% Bi Stone 2.2% 6.9% 4% 6% Blue Earth 2.2% 6.9% 4% 6% Brown 2.2% 6.9% 4% 6% Carlton 1.2% 6.9% 5% 6% Carver 2.9% 6.9% 22% 6% Cass 2.2% 6.9% 6% 6% Chippewa 2.2% 6.9% 4% 6% Chisa o 2.9% 6.9% 3% 6% Cla 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 Wina 2.2% 6.9% 6% 6% Dakota 2.9% 6.9% 22% 6% Dod e 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% Henn in 2.9% 6.9% 32% 6% Houston 0.6% 6.9% 4% 6% Hubbard 2.0% 6.9% 6% 6% Isanti 2.2% 6.9% 3% 6% Itasca 1.2% 6.9% 5% 6% Jackson 0.8% 6.9% 4% 6% Kanabec 2.2% 69% 3% 6% Kandi ohi 2.2% 6.9% 3% 6% Kittson 2.0% 6.9% 6% 6% 1.2% 6.9% 5% 6% -Koochichina Lac Qui Parle 2.2% 6.9% 4% 6% Lake 1.2% 6.9% 5% 6% Lake of the Woods 2.0% 6.9% 6% 6% Le Sueur 2.2% 6.9% 4% 6% Lincoln 0.8% 6.9% 4% 6% Lyon 0.8% 6.9% 4% 6% EEO Page 16 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 EEO Page 17 Federal Goals State Goals County Minority Goal Women Goal Minority Goal Women Goal Malmomen 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% -Murr2L 0.8% 6.9% 4% 6% Nicollet 2.2% 6.9% 4% 6% Nobles 0.8% 6.9% 4% 6% Norman 2.0% 6.9% 6% 6% Ohnsted 1.4% 6.9% 4% 6% Otter Tail 2.2% 6.9% 6% 6% Pennin ton 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% 32% 6% Red Lake 2.0% 6.9% 6% 6% Redwood 0.8% 6.9% 4% 6% Renville 2.2% 69% 3% 6% Rice 2.2% 6.9% 4% 6% Rock 0.8% 6.9% 4% 6% Roseau 2.0% 6.9% 6% 6% Scott 2.9% 6.9% 22% 6% Sherburne 0.5% 6.9% 3% 6% -Sibl2L 2.2% 6.9% 4% 6% St. Louis 1.0% 6.9% 5% 6% Stearns 0.5% 6.9% 3% 6% Steele 0.9% 6.9% 4% 6% Stevens 2.2% 6.9% 6% 6% Swift 2.2% 6.9% 4% 6% Todd 2.2% 6.9% 6% 6% Traverse 2.2% 6.9% 6% 6% Wabasha 0.9% 6.9% 4% 6% Wadena 2.2% 6.9% 6% 6% Waseca 2.2% 6.9% 4% 6% Washington 2.9% 69% 22% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wri ht 2.9% 6.9% 3% 6% Yellow Medicine 2.2% 6.9% 4% 6% EEO Page 17 N h O N 0.i W W O �i N W W Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 07/12 project This form should be submitted at the Pre-Con to the Project Engineer prior to the start of your first MnDOT construction i. r year (Prime and Contractor Name and Address self - explanatory. 2. Employment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable MnDOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self - explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 2e. Gender is to be indicated with an "M" for Males or an "F" for Females. 2f. Trade/Foreman, Supervisors, Managers self - explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a MnDOT approved Trainee. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366 -3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through MnDOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact MnDOT's Office of Civil Rights at (651) 366-3015. EEO -12 Rev. 05/09 EEO Page 19 O O O cc I PC O al O cl� C) cj El wt:+ I vz Ll . ga ;E OW cc Cd —__: -- fll� �16L 1"d — I — � kr), — — — — — — — O al O clq O O • • • LZ O C73 0 O O O O pw14, ,a UO O Cli tz 'o 0 4.1 o C) cz 421 0 ct Ln en TS tt M In CA cC CA U M a.) kn ct (D r- Ct 78; p ct ct >1 u tb C) C) Ln cq LQ Ict ;G 4� 0) W C4 CA rA CA ct 73 cz 40. CA c13 7E .0 C.) ct 0 m C'n ct 4. ca 0 cc 0 0 tn E E 0 a. n n ct a_, s. N u cd .0 —M 0 L6 as cn cd 40� od 9b cz O ea ct Ct gb Ln 1=. u cn 0 C4. CJ a) Q n 0 44 E cn —14 > ct C.) > .0 ;I. cl ci C3 t; 44 bb aj a) Ct cn a. O L4 EEO COMPLIANCE REVIEW REPORT Total Company Workforce (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 EEO SP Revised 07/12 EEO -8 Rev. 07/07 EEO Page 22 ESCkTq FS rep OF T SP #: Project Engineer: Prime Contractor: Address: City: EEO Officer: Tel: Training Contractor: Address: City: EEO Officer: Tel: Job Title or Trade Classification: Name: Address: City: EEO Officer: Tel: MINNESOTA DEPARTMENT OF TRANSPORTATION ON-THE-JOB TRAINING PROGRAM TRAINEE ASSIGNMENT Location: Phone: Phone: District: State: Zip: Project Manager: Phone: State: Zip: Project Manager: I 11.71iI = 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: Number of Training Hours on this Project: S.S.#: Phone: Project Manager: 0-3 1. Ethnic Background: Hispanic _; Black_; Asian/Pacific Islander White Am. Ind/Alaskan (Verify with Tribal T.D. # or Affiliation 2. Male; Female; EEO-5 Rev. 05/09 EEO Page 23 EEO SP Revised 07/12 Mn/DOT 21860 Contractor: submit c CONTRACTOR ADDRESS I— 110,12 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS CER TIFICA TION OF ON- THE -JOB TRAINING HOURS FEDERAL-AED- PROJECTS and one copy monthly to the HOURS WORKED ( WORKED PREVIOUSLY THIS PERIOD AMOUNT OF CLAIM HOURS @ Progress of Trainee(s) ❑Excellent ❑Very Good ❑Good COMMENTS (Please detail any supplementary training offered): EEO-6 REPORTING PERIOD: S.P. NO. (LOW): F.P. NO.: TOTAL HOURS TO DATE PER HOUR = $ ❑13elow Good CONTRACTOR: The undersigned contractor hereby certifies that the listed employees are bonafide trainees as required by the On- the-Job Training Special Provision and that they have worked the hours as reported above. Contractor Signature /Title Date PROJECT ENGINEER: I hereby certify that the On-the-Job training hours reported above have been reviewed and found correct. Engineer Signature /Title Date EEO Page 24 -' Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights On- the -Job Training (OJT) Program Approval Form The Special Provisions of the contract clearly indicate that training and upgrading of minorities and women toward Journey worker status is the primary objective of the training provisions. We, S.P. # submit the following training program for (Trade) for approval. Prime (Name o ontractor) Recruiting Resource i_ vrnjeet inmrmatnnn Contractor Name S.P. # Countv Prime Sub Recruiting Resource Address city State Zip Contact Person/ EEO Officer Phone # e -mail address Project Goals Trainees Hours H. Prniect Traininu Plan Infnrmatinn Trade # of Trainees Projected Hourly Assignment per Trainee Estimated Start Date Estimated End Date Recruiting Resource Planned Training Activities III. Contractor Acknowledgment Statement. I understand and will comply fully with the plans and specifications under which this training is being performed, and will report subsequent revisions to the training program as changes occur. Contractor's Representative Signature Title Date IV. Instruction for the Contractor. 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 07/12 Minnesota Department of Transportation EEO Special Provisions Contractor Name County Prime Sub Address ity State Zip EEO Officer Phone # e -mail address Trainee Name Phone # Social Security No. Address city State zip Race/Ethnicity El Hispanic ❑ White ❑ Asian ❑Black ❑ American Indian ❑ Other Gender Classification/Trade S.P. # ❑Female ❑Male Start Date Termination Date Hours Assigned Hrs Completed D--- f r Tnrminn4inn /Curio roiinn lT --ff- ❑ Construction phase completed ❑Death ❑Fired (please explain below) ❑Illness/health problems ❑Lack of transportation and /or travel distance ❑Military duty ❑Relocated ❑Personal ❑Quit to work for another company ❑ Other lease explain below) Please provide comments: Contractor's Representative Signature Title Date EEO Page 26 07/12 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Form -1273 (52 FR 36920, October 2. 1987, revised October 21 1993 FHWA Electronic Version May 1 2012) 1. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements Xl. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) 1. Form FHWA -1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA -1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA -1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design- builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA -1273 in bid proposal or request for proposal documents, however, the Form FHWA -1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625 -1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60 -43. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625 -1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. EEO Page 27 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) The following provision is adopted from 23 CFR 230, Appendix b. All new supervisory or personnel office employees will be A, with appropriate revisions to conform to the U.S. Department given a thorough indoctrination by the EEO Officer, covering all of Labor (US DOL) and FHWA requirements. major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625 -1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and /or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. EEO Page 28 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) b. The contractor will periodically evaluate the spread of wages b. The contractor will use good faith efforts to incorporate an paid within each classification to determine any evidence of EEO clause into each union agreement to the end that such union discriminatory wage practices. will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and /or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. S. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT - approved DBE program are incorporated by reference. EEO Page 29 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form Fl -1WA -1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any 07/12 location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS -BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right -of -way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA -1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph l.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each 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. The wage determination (including any additional classification and wage rates conformed under paragraph Lb. of EEO Page 30 Minnesota Department of Transportation EEO Special Provisions Offi( REQUIRED CONTRACT PROVISIONS (cont.) this section) and the Davis -Bacon poster (WH -1321) 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. ;e of Civil Rights 07/12 which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs l.b.(2) or l.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain EEO Page 31 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http: / /,A-ww.dol.gov /esa/whd /forms /wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form W1-1-347 shall satisfy the requirement for submission of the 07/12 "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. EEO Page 32 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cunt.) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 07/12 c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA -1273 in any subcontracts and also require the subcontractors to include Form FHWA -1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). EEO Page 33 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights 07/12 REQUIRED CONTRACT PROVISIONS (cont.) c. The penalty for making false statements is prescribed in the subcontractor or lower tier subcontractor with the clauses set U.S. Criminal Code, 18 U.S.C. 1001. forth in paragraphs (1.) through (4.) of this section V. CONTRACT WORK HOURS AND SAFETY STANDARDSACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The tern may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day -to -day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its EEO Page 34 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self - performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self- performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his /her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 07/12 In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA- 1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid /proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. EEO Page 35 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1, Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 07/12 f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (hitps: / /www.eRls.g2y/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; EEO Page 36 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) (2) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and 'voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a Drim First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). 'Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httns: /hvww.epls.aov /), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - -Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently EEO Page 37 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights REQUIRED CONTRACT PROVISIONS (cont.) debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grans, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS 07/12 This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (lc) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order maybe placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (Ic) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. EEO Page 38 MINNESOTA DEPARTMENT OF TRANSPORTATION EEO Special Provisions OFFICE OF CIVIL RIGHTS Revised 11/2015 APPENDIX . 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 IV.2, Classification 2. Classification a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IVA(c), when such a classification prevails in the area in which the work is performed. 1 = EEO Page 39 SCHEDULE OF PRICES NOTICE TO BIDDERS Particular note should be made in regard to the clarity of numerals (figures) and to the procedure for alterations and the required certificate as directed by Section 1301. The following abbreviations may be used in item description and unit of measure in the Schedule of Prices. A Arch JA Jacked A -S Antiseepage LIN FT Linear Feet AB Asbestos Bonded LG Long ACT Actuated MAINT Maintenance AGG Aggregate MATL Material ALUM Aluminum MGM 1000 Board Feet ASB Asbestos MET Metal ASPH Asphaltic MOD Modification ASSY Assemblies MPA Metal Pipe Arch B +B Balled & Burlapped MTD Mounted BC Bituminous Coated NON MET Non Metallic BIT Bituminous NON PERF Non - Perforated BLDG Building NON REINF Non - Reinforced BR Bridge OH Overhead CAL Caliper P -A Pipe -Arch CB Catch Basin PAVT Pavement CEM Cement PERF Perofrated C and G Curb and Gutter PL Plate Cl Cast Iron PNEUM Pneumatic C -I -P Cast -in -Place PREC Precast CL Class PREST Prestressed COMM Commercial PVC Poly Vinyl Chloride CONC Concrete RCPA Reinforced Concrete Pipe Arch COND Conductor REINF Reinforced CONN Connection RELO Relocation CONST Construct RESTOR Restoration CONT Continuously RMC Rigid Metallic Conduit CP Cattle Pass RNMC Rigid Non Metallic Conduit CTD Coated RDWY Roadway CU FT Cubic Feet S -G Sand & Gravel CU YD Cubic Yard SIG Signal CULV Culvert SPE Special CWT Hundred Weight SQ FT Square Feet DES Design SQ YD Square Yard DBL Double STA Station DI Drop Inlet STD Standard DIAM Diameter STL Steel DRWY Driveway STKPL Stockpile EXC Excavation STR Strength EXP Expansion STRUCT Structural FAB Fabric SPPA Structural Plate Pipe Arch FE Fence SYS System FERT Fertilizer T Traffic F +I Furnish & Install TBR Timber FOUND Foundation TEMP Temporary FT LG Feet Long THERMO Thermoplastic FURN Furnish TRTD Treated GA Gauge UNDERGRD Underground GRAN Granular UNTRTD Untreated HI High VAR Variable INP In Place VM Vehicular Measure INST Install WEAR Wearing Revised Proposal Form CUyofC�umbkaHe�h� Bidder:-1 w���~ Public Works Facility S3738th Avenue NE Total Bid Amount: - Columbia Heights, MN 55421 Time ��>�. Attention: City Manager Re; Central Avenue Safety Improvements (S.P. 113-010-022) City Columbia Heights, Anoka County, Minnesota The undersigned has examined the contract documents, consisting nf the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, and Addenda and is familiar with the site and location of the project, the nature of the work and local conditions affecting the cost of the work and hereby proposes to furnish all labor, materials, and equipment required for completing the work as described, in strict conformance with all requirements of the Bidding Documents for the Total Base Bid amount of: Line 2104.503 REMOVE CONCRETE Est. 0 No. Item No. Description Unit Qty Bid Unit Price Bid Price 1 2011.601 AS BUILT LS 1 2 2021.501 MOBILIZATION LS 1 00 ae 3 2031.501 FIELD OFFICE TYPE D- K8DD|FIED EACH 1 PAVEMENT GQYD 451 4 2104.501 REMOVE CURB & GUTTER L|N FT 473 3 H9 L.56 S 21O45O3 � REMOVE GO YD 635 � 6c) 10 2104.689 MEDIAN 8O FT 250 G 2104.503 REMOVE CONCRETE 0 SIDEWALK S{)FT 23.669 7 2104.505 REMOVE CONCRETE 8C)YO 507 DRIVEWAY PAVEMENT 8 2104.505 REMOVE BITUMINOUS PAVEMENT GQYD 451 0 2184.505 REMOVE BITUMINOUS 3 H9 L.56 DRIVEWAY PAVEMENT GO YD 635 10 2104.689 REyNOVELU[W|NA|RE EACH 10 11 2104.500 REMOVE MARKER EACH 1 12 2104.508 REMOVE SIGN TYPE C EACH 21 s/1 13 2104.509 REMOVE CASTING EACH 1 Revised - Proposal Form -1 Line �_-- �� BU P � bd d Bid �- 14 2104.513 SAWING BIT PAVEMENT UNFT 1.32Q � � (FULL DEPTH) . � 15 2104.523 SALVAGE SIGN TYPE C EACH 21 YD 1.398 a 16 2105.501 CDyN[WON B<C/YvY\T0N (P) CU ` 17 2123.610 STREET SWEEPER (WITH HOUR 20 � PICKUP BROOM) � 18 2130.501 WATER PWGAL 25 � 19 2211.503 AGGREGATE BASE (C\) CU YD 1.241 � ° CLASS 5(P) 20 2301.602 DRILL & GROUT RE|NFBAR COATED) EACH 450 � (EPDXY u 21 2360.501 TYPE GPQ.5WEARING TON 135 COURSE MIX (2.B) 22 2360.501 TYPE SP9.5 WEARING TON 44 �� ~~ COURSE K8|)((4.E) 23 2504.802 ADJUST VALVE BOX EACH 1 m 24 2506.516 CASTING ASSEMBLY EACH 1 25 2506.522 ADJUST FRAME &RING EACH �� 10 � CASTING 26 2606.602 RECONSTRUCT DRAINAGE EACH 1 $A4wa. LO � * $ ~ STRUCTURE I 8C)FT 2G.G1S � �� � � 27 25215O1 5''CDNCRETEVVALK __��.. � 28 2521.501 5" CONCRETE WALK- GO FT 1.845 SPECIAL 29 2521.501 6' CONCRETE WALK G[)FT 893 u- ~ 30 2531.501 CONCRETE CURB & L|NFT 74 � GUTTERDES|GNBG12 ---------' ^ & 31 2531.501 CONCRETE CURB 8 L|NFT 53 ' GUTTER DESIGN 8G18 32 2631.501 CONCRETE CURB & BS24 L|N FT Cz LA 541 L� ' GUTTER DESIGN 33 2531.501 CONCRETE CURB & L|NFT 175 � . GUTTER DESIGN O424 � 8O ,/ � � 34 25315O3 CONCRETE GQYD , � 35 2531.507 8" CONCRETE DRIVEWAY 743 PAVEMENT 8C>YD 36 2631.618 TRUNCATED DOMES 8O FT 70 Revised' Proposal Form-2 Line No.._ ..Item No. _ ...._ __ ..... Description _ Unit - 37 2545.511 LIGHTING UNIT TYPE SPECIAL EACH 38 2545.511 LIGHTING UNIT TYPE SPECIAL 1 EACH 39 2545.513 LUMINAIRE (TYPE LED) EACH 40 2545.515 LIGHT FOUNDATION DESIGN E MODIFIED EACH 41 2545.523 2" NON - METALLIC CONDUIT 42 2545.523 2" NON- METALLIC CONDUIT $ $_ 33,9HL% (DIRECTIONAL BORE) 43 2545.531 UNDERGROUND WIRE 1 $�' l..i. $ 13,4 / COND NO 4 44 2545.531 UNDERGROUND WIRE 1 COND NO 6 45 2545.531 UNDERGROUND WIRE 1 COND NO 12 46 2545.541 SERVICE CABINET 47 2545.544 SERVICE EQUIPMENT 48 2545.545 EQUIPMENT PAD 49 2545.553 HANDHOLE 50 2545.601 LIGHTING CONTROL SYSTEM 51 2563.601 TRAFFIC CONTROL 52 2563.601 ALTERNATE PEDESTRIAN ROUTE 53 2564.531 SIGN PANELS TYPE C 54 2564.537 INSTALL SIGN TYPE C 55 2565.602 ADJUST HANDHOLE 56 2573.530 STORM DRAIN INLET PROTECTION 57 2573.533 SEDIMENT CONTROL LOG TYPE STRAW 58 2573.535 STABILIZED CONSTRUCTION EXIT 59 2573.550 EROSION CONTROL SUPERVISOR LIN FT LIN FT Est. Qty 19 19 10 38 4,600 1,400 LIN FT 18,600 LIN FT 18,600 Bid Unit -Price - _ -Bid Price_ _ . _ $_ass} �3 $ �7 $Q __j I - $ I bL100& 28 $ i U.CJ $_ l W, , 1 � $ $_ 33,9HL% s q, 034J2- $ q tb3� . 5Z $�' l..i. $ 13,4 / LS 1 LIN FT 6,850 $Q __j I - $ I i u%1.0Q) EACH 1 s q, 034J2- $ q tb3� . 5Z EACH EACH EACH LS LS 1 1 12 1 1 LS 1 SQ FT 292 EACH 21 EACH 17 EACH 54 LIN FT 4,920 LS 1 LS 1 60 2574.508 FERTILIZER TYPE 3 POUND 237 Revised - Proposal Form - 3 $ 2- s� .(;7 $ d3 ,dQ $ 6r6 ,2_(o 7, M) s3, <0 0 $ 32 . L4 5 $ � � 0.00 $ 1, (fi:1 $ bo.oc) $ 1 $ $ 2(Do•Ib s � • �M Line No Item N0 Description .Unit. _. _ Est. Qty —Bid Unit Price. Bid Prlce---- 61 2574.525 ORGANIC TOPSOIL BORROW CU YD 800 62 63 64 65 2575.501 2575.502 2575.505 2575:523 SEEDING SEED MIXTURE 25 -131 SODDING TYPE MINERAL EROSION LA BLANKETS CATEGORY 3N ACRE POUND SQ YD SQ YD 0.8 261 1,507 3,864 $ �4 O� • 6-0 $_ $ 5 $ i 1 $_ _ `� LC) $ C—�� $! L —71 $ 66 2582.502 4" SOLID LINE EPDXY LIN FT 500 $ 3,3 b $ 67 2582.603 PAVEMENT MARKING SPECIAL LIN FT 20 $ TOTAL BID PRICE $ ✓ ! t 7 -7ei ®� A single contract, if awarded, will be based on the lowest responsive bid that includes the Total Bid Price. Bid security in the amount of at least five percent (5 %) of the Total Base Bid accompanies this Bid, the same being subject to forfeiture in the event of default. If this bid is accepted, the undersigned agrees to furnish Contractor's bond and execute the contract form(s) provided by the City of Columbia Heights within ten (10) days after receiving notice of acceptance of the bid and further agrees that if awarded such contract, work shall be commenced and be fully performed as provided in the proposal documents. It is understood by the undersigned that the Owner reserves the right to reject any or all bids and to waive irregularities and formalities in order to serve the best interest of the Owner and that this bid may not be withdrawn until sixty (60) days after the date of opening. It is understood that if accepted by the Owner, this Bid becomes a part of the Contract documents, and failing to comply with any part of this Bid will be taken as failure of the Bidder to comply with the Contract Documents and will be just cause for rejection of the work. Respec Bidder Firm: By: Title: Address: Telephone: Email: End of Bid Form Document Revised - Proposal Form - 4 Form 21126D (FF Rev. 1 -09) State Project No. _ The undersi ed here adden a, amendments, bid and contra ff r s . , TOTAL that all requirements included in the hard copy proposal, aeiiications, and supplemental specifications are a part of this PROPOSAL GUARANTY required by 1208 of the Specifications: "A (certified check) (bond), prepared as required by 1208'of the Specifications and payable to the City of Columbia Heights Treasurer, in an amount equal to at least 5% of the total amount of the bid is submitted herewith as a proposal guaranty. DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION: Our firm will meet a minimum goal of 10 of this contract to Disadvantaged Business Enterprises. A bidder who fails to indicate a specific goal above must fulfill the total goals indicated in the proposal. NON - COLLUSION AFFIDAVIT: A Non - Collusion Affidavit is found in this proposal which must be signed by each bidder. RECEIPT OF ADDENDA as required by 1210 of the Specifications: The undersigned hereby acknowledges receipt of and has considered: Addendum No. I Dated (Z 177 Addendum No. Dated Addendum No. Dates Addendum No. Dated EXECUTION OF PROPOSAL as required by 1206 of the Specifications: This proposal dated the day of , 20 Signed: , P.O. Address Signed: , P.O. Address doing business under the name and style of Signed: , for NAME BUSINESS ADDRESS as an individual. as an individual. a partnership. Name of Secretary tj We, 5 Business Address Name of Treasurer 1e, Ncu- -_% Business Address W 0 (NOTE: Signatures shall comply with 1206 of the Specifications.) z z ATTACHMENT CM 32 -34 March 26, 1969 THE FOLLOWING CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED ORTS SHALL BE EXECUTED BY THE BIDDER. The bidder hereby certifies the he /she has as not , participated in a previous contract or subcontract subject to the equal opportuni clause, as required by Executive Orders 10925, 11114 or 11246, and that he /she has ,has not ,filed with the Joint Reporting Committee, the Director, of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. otJ -5 (Company) By: X1 (Title) fQ /�j/ CFO— Date: % Note: The above certification is required by the Equal Employment Opportunity Regulations ofthe Secretary of Labor (41CFR 60- 13(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are exempt from the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. |(UiVlAMR\GJUT� THOMAS AND SONS CONSTRUCTION, INC. ks hereby certified aoa contractor hvthe Minnesota Department of Human Rights, This certificate |m valid from 1/27Y2O14 to 1/27/2O18. This certification is subject to revocation or suspension prior to its expiration if the department issues finding of noncompliance or if your organization fails to make a good faith effort to implement its affirmative action plan. Minnesota Department of Human Rights FOR THE DEPARTMENT BY: �fl' - Put . Kevin M, Lindsey, Commissioner �xn):a 0,,UxTVwiT)[uM//Y[K I Vo/Ninw,os&�mnSl/pmN^xh,x`im Paul, NVn/n"x^-)5|s The following Non - Collusion Affidavit shall be executed by the bidder: State of Minnesota ) ss County of i /1e yn ) . 109 ' 1, t l c4 , do state under penalty of (name of person signing this affidavit) perjury under 28 U.S.C. 1746 of the laws of the United States: (1) that I am the authorized representative of GCS (name of person, partnership or corporation submitting this proposal) and that I have the authority to make this affidavit for and on behalf of said bidder; (2) that, in connection with this proposal, the said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding; (3) that, to the best of my knowledge and belief, the contents of this proposal have not been communicated by the bidder or by any of his/her employees or agents to any person who is not an employee or agent of the bidder or of the surety on any bond furnished with the proposal and will not be communicated to any person who is not an employee or agent of the bidder or of said surety prior to the official opening of the proposal, and (4) that I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed: (bidder or his authorized representative) ATTACHMENT A •' t• '•' Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor or motor carrier that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is in compliance with Department of Revenue and Department of Employment and Economic Development registration requirements if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three -year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three -year period, provided that a failure to pay is "repeated" only if it involves two or more separate and distinct occurrences of underpayment during the three -year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three -year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* Revised 9/29/2015 Page 1 of 5 Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Subd. 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain annually from all motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all motor carriers providing for -hire transportation of materials, equipment, or supplies for a project. Revised 9/29/2015 Page 2 of 5 The contractor or related entity is in compliance with and, during the three - year period before submitting the (3) verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three -year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three -year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and (7) All subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Subd. 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain annually from all motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all motor carriers providing for -hire transportation of materials, equipment, or supplies for a project. Revised 9/29/2015 Page 2 of 5 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation document. A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. A verification of compliance need not be notarized. An electronic verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of compliance under this section provided that it contains an electronic signature as defined in section 325i_.02, paragraph (h). NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. Revised 9/29/2015 Page 3 of 5 ATTACHMENT A -1 I. • •. SUBMIT PRIOR TO EXECUTION OF a - • N CONTRA NUMBER: STATE PROJECT •1 Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. Attach additional sheets as needed for submission of all first -tier subcontractors. Revised 9/29/2015 Page 4 of 5 KNOW ALL BY THESE PRESENTS, that THOMAS & SONS CONSTRUCTION, INC as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF COLUMBIA HEIGHTS TREASURER' in the sum of FIVE PERCENT OF THE DOLLAR AMOUNT BID as Obligee, hereinafter called the Obligee, Dollars ($ 5% of amount bid ), 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 SP 113 - 010 -022, HSIP 0217 (146), CENTRAL AVENUE SAFETY IMPROVEMENTS SIDEWALK AND LIGHTING REPLACEMENT 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 fur- nished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30TH day of NNE 20 17 THOMAS & SONS CONSTRUCTION, INC (Seal) (Principal) (Witness) (Seal) Kyl e lbmias (Tide) CFO l f72 a,,�e� CONT 00270400 I- (SURETY) (Seal) (Witness) Attorney-In-Fact (Seal) MARK NORDAHL (Title) INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT STATE OF COUNTY OF ss On the day of 20 before me, a Notary Public within and for said county, personally appeared, to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowl- edged to me that he /she executed the same as his /her free act and deed. Notary Public County, (Notarial Seal) My commission expires STATE OF Minnesota COUNTY OF Wri ght On the 30th personally appeared ss day of June Kyle Thomas , 20 17 , before me, to me known, who being by me duly sworn, did depose and say: that he resides in Ramsey, MV 55303 that he is the CFO President of the Thomas and Sons Construction, Inc. the corporation described in and which executed the foregoing instrument; that he 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 cor- poration; and that he signed his name thereto by like order. a Charlotte Gabler t( NOTARY PUBLIC Notary Public C �CA r `b MINNESOTA Coun MY Commission Expires Jan. 31, 2020 �' My commission e ires� X20_ Za ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF RAMSEY ss On the 30TH JJJ day of JUNE 20 17 before me, appeared MARK NORDAHL to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney -in -fact of the UNITED FIRE & CASUALTY 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 in 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 and e of said corporation. -- I A � I �yA f Notary Public MELINDA BEROSIK MELINDA M. BEROSIK County, RAMSEY TARY•a!� � ESOTA My commission expires 1 -31 -2020 on X Jan, 31, 2020 fA Inquiries;; Sut ety, DegartMent 218 Secaud A3�e S7� CA Cedar Ranicis, IA ,52401 mg under e Sfate `of California: apppiz�t � • I 1 i t • 1 • !' Lei • I - THIS AGREEMENT is by and between the City of Columbia Heights (Owner) and Thomas and Sons Construction, Incorporated (Contractor). Owner and Contractor hereby 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: 3/ Median Construction, Sidewalk, Street/Pedestrian Lighting and ADA Work. ARTICLE 2 — THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Central Avenue Safety Improvements. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Short Elliott Hendrickson Inc. (SEW'). 102 The Owner has retained SEH (Engineer) to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before November 30, 2017, and completed and ready for final payment in accordance with MnDOT 1908 on or before December 15, 2017. Substantial Completion is defined as all Work except for punch list items and maintenance /warranty work. B. The following Milestone(s) shall be completed prior to the project's overall Substantial Completion date listed in Paragraph 4.02.A: Completion of installation of the portions of sidewalk and lighting as described in the Special Provisions, Division S -28.2, by September 1, 2017. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed and milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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): Standard Form of Agreement COLHT 139409 005200-1 4.04 Substantial Completion: Contractor shall pay Owner $1,200 (in accordance with MnDOT 1807) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000 (per MnDOT 1807 and Special Provisions, Division S -29) for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor shall pay Owner $1,200 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1 (Paragraph 4.02.13.1), until Milestone 1 is achieved. Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item as indicated in Contractor's Bid. The Bid Prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. Estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in MnDOT 1901. The Estimated Total of All Unit Price Work is: $ 946,246.62 ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment, including necessary submittals, to Engineer for review and processing. 6.02 Progress Payments, Retainage A. Subject to the provisions of MnDOT 1906, Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications of Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Standard Form of Agreement 005200-2 COLHT 139409 Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract: 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with MnDOT 1516, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in MnDOT 1908. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate required by law at the project location. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Contract Documents, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Contract Documents, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; 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; and the Site - related reports and drawings identified in 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; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 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. Standard Form of Agreement COLHT 139409 005200-3 I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. Addenda (number 00 00 11). 2. This Agreement (pages 00 52 00 -1 to 00 52 00 -6, inclusive). 3. Performance Bond (Document 00 61 13). 4. Payment Bond (Document 00 61 14). 5. The 2016 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction ". 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings consisting of 81 sheets with each sheet bearing the following general title: Central Ave Safety Improvements. 8. Exhibits to this Agreement (enumerated as follows). a. Contractor's Bid. b. Documentation submitted by Contractor prior to Notice of Award (pages _ to inclusive). c. Certificate of Insurance (provided by Contractor) including the required types of insurance and required minimum coverages specified for each per the requirements of MnDOT 1714. Policies shall name the City of Columbia Heights, Minnesota Department of Transportation, and Short Elliott Hendrickson, Inc. as additional insureds. 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Field Order(s). c. Work Change Directive(s). d. 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 the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, 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, money that may become due Standard Form of Agreement 005200-4 COLHT 139409 and money that is 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. 10.02 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.03 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. 10.04 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 10.04: "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; "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Standard Form of Agreement COLHT 139409 005200-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on July 24, 2017 (which is the Effective Date of the Contract) [CORPORATE SEAL] City of Columbia Heights 590 40th Avenue, NE Columbia Heights, MN 55421 (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner - Contractor Agreement). Designated Representative: Name: Title: Address: Phone: Facsimile: [CORPORATE SEAL] Address for Giving Notices: License No. (Where Applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Standard Form of Agreement 005200-6 COLHT 139409 E_"J D _ ENGINEERS 101ST CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Thomas and Sons Construction, Inc. 13925 Northdale Blvd. Rogers, MN 55374 OWNER (name and address): City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT SURETY (name and address of principal place of business): United Fire & Casualty Company 118 Second Avenue SE Cedar Rapids, IA 52407 -3909 Effective Date of the Agreement: July 24, 2017 Amount: %951,779.22 Description (name andlocation): Central Ave. Safety Improvements, City of Columbia Heights, Minnesota BOND Bond Number: 54-217328 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: ❑ None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Thomas & Sons Construction, Inc (seal) Contractor's Name and Co orate Seal By: Signature Ky! e— Thomas- Print Name CFO Title Attest: Signature United Fire & casualty Company (seal) Surety's Name and Corporate Seal By: =(2&, Signature (attach power of attorney) MARK NORDAHL Print Name ATTORNEY —IN —FACT Title �f Atte ignature Randi M Linde — customer SPr- ,iAc-e—°ep Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC10 C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. i of 3 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 6. If a notice of non - payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed 3. If there is no Owner Default under the Construction amounts. Contract, the Surety's obligation to the Owner under this of the Construction Contract and to satisfy claims, if any, Bond shall arise after the Owner has promptly notified the 7.3 The Surety's failure to discharge its obligations Contractor and the Surety (at the address described in under Paragraph 7.1 or 7.2 shall not be deemed to Paragraph 13) of claims, demands, liens, or suits against constitute a waiver of defenses the Surety or the Owner or the Owner's property by any person or Contractor may have or acquire as to a Claim, entity seeking payment for labor, materials, or equipment except as to undisputed amounts for which the furnished for use in the performance of the Construction Surety and Claimant have reached agreement. if, Contract, and tendered defense of such claims, demands, however, the Surety fails to discharge its liens, or suits to the Contractor and the Surety. obligations under Paragraph 7.1 or 7.2, the Surety Claim; and shall indemnify the Claimant for the reasonable 4. When the Owner has satisfied the conditions in Paragraph attorney's fees the Claimant incurs thereafter to 3, the Surety shall promptly and at the Surety's expense recover any sums found to be due and owing to defend, indemnify, and hold harmless the Owner against a the Claimant. duly tendered claim, demand, lien, or suit. Claimant under this Bond, and shall have under this Bond 5.2 Claimants who are employed by or have a direct 8. The Surety's total obligation shall not exceed the amount 5. The Surety's obligations to a Claimant under this Bond of this Bond, plus the amount of reasonable attorney's shall arise after the following: fees provided under Paragraph 7.3, and the amount of this 13). Bond shall be credited for any payments made in good 5.1 Claimants who do not have a direct contract with faith by the Surety. the Contractor, changes of time, to the Construction Contract or to related 9. Amounts owed by the Owner to the Contractor under the 5.1.1 have furnished a written notice of non- Construction Contract shall be used for the performance payment to the Contractor, stating with of the Construction Contract and to satisfy claims, if any, substantial accuracy the amount claimed under any construction performance bond. By the and the name of the party to whom the Contractor furnishing and the Owner accepting this Bond, materials were, or equipment was, they agree that all funds earned by the Contractor in the furnished or supplied or for whom the performance of the Construction Contract are dedicated labor was done or performed, within to satisfy obligations of the Contractor and Surety under ninety (90) days after having last this Bond, subject to the Owner's priority to use the funds performed labor or last furnished for the completion of the work. materials or equipment included in the Claim; and 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated 5.1.2 have sent a Claim to the Surety (at the to the Construction Contract. The Owner shall not be address described in Paragraph 13). liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond 5.2 Claimants who are employed by or have a direct no obligation to make payments to or give notice on contract with the Contractor have sent a Claim to behalf of Claimants, or otherwise have any obligations to the Surety (at the address described in Paragraph Claimants under this Bond. 13). 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond areas follows: EJCDC® C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 STATE OF ) ss COUNTY OF ) On the day of and for said county, personally appeared 20 , before me, a Notary Public within to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that _he_ executed the same as h free act and deed. (Notarial Seal) STATE OF Minnesota ) ss. COUNTY OF Wright ) Notary Public, County, My commission expires STATE OF MINNESOTA ss. COUNTY OF RAMSEY ��s ��� ;�"' �� UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries. Sure", Department UNITED FIRE &INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE U f 91M FINANCIAL PACIFIC INSURANCE COMPANY, ROCMN, CA Cedar Rapids, IA 52401 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY„ a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly, organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California {herein collective )y called the Cotrippanies), and having their corporate headqqu�arters in Cedar Rapids, State of Iowa, does make, constitute and appoint JEROME H. E4LAD,;,OR MARY A. MILLER, QR MARK NDRDAHL, ALL 'INDIVIDUALLY 0f_ kw AP ' their true and lawful Attorneys) -iii -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 13th day of March, 2018 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE ;& INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY, This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their, respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these' resents to be signed b Its p Y QP °,oPPORq 9�r� vice president and its corporate seal to be hereto affixed this 13t h day of March, 2016 R9 CORPORATE coRPORwrE Qa a �U1Y 22 � �o �= UNITED FIRE & CASUALTY COMPANY � _•_ � _s� a v, _ SEAL s> AL t 4° 1986 UNITED FIRE &INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY IIIIIIIttitt + + "\"` By: State of Iowa, County. f Linn, ss:`� tY � Vice President On113th'day'of March, 2016, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations-, 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 corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations: w�+ Judith A, Davis WNI oar Iowa Notarial Seal Commission number 173041 f Public My Commission Expires 04/23/2018 My commission expires: 04123/2018 I, David A Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of ITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcri pts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 31 ST day of ,TUTtV 120_1_7_ ctisi» / /i /// �F CORPORATE'- =` CORPORATES WLY 22 Q= By, P 5, ,o t� [966 jxa� SEAL SEAL Ile" C, Secretary, OF &C Assistant Secretary, OF &I/FPIC BPOA00450115 EJC _ _C _ ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Thomas and Sons Construction, Inc. 13925 Northdale Blvd. Rogers, MN 55374 OWNER (name and address): City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT SURETY (name and address of principal place of business): United Fire & Casualty Company 118 Second Avenue SE Cedar Rapids, IA 52407 -3909 Effective Date of the Agreement: July 24, 2017 Amount: %951,779.22 Description (name and location): Central Ave. Safety Improvements, City of Columbia Heights, Minnesota BOND Bond Number: 54-217328 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: E] None F-1 See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. 141ork �• .. SURETY Thomas & Sons Construction, Inc (seal) United Fire & Casualty Company (seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By. By: ( 7 Signature Signature (attach power of attorney) Kyle Thwas Print Name CFO Title Attest: Signature Title MARK NORDAHL Print Name ATTORNEY -IN -FACT Title Attes Signature Randi M Linde - Customer Service R Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation underthis Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. if the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 11. 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond areas follows: E1CDC® C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 STATE OF ) ss COUNTY OF ) On the day of and for said county, personally appeared, 20 , before me, a Notary Public within to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that _he_ executed the same as h free act and deed. (Notarial Seal) STATE OF Minnesota ss. COUNTY OF Wright ) Notary Public, County, My commission expires STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) On this 31 ST day of JULY 12017 , before me appeared MARK NORDAHL to me personally known, who being by me duly sworn, did say that Xhe_ is the aforesaid officer or attorney in fact of the UNITED FIRE & CASUALTY 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 in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledge said instr ent to be a free act and deed of said corporation. • l } i 10101 1 §11111111 Eel 1 �� I Vs ACO`R ° CERTIFICATE LIABILITY INSURANCE r ATEs /2/201;' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES• NOT- AFFIRMATIVELY- OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES- - BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dani He land NAME: g PHONE. Ex : (651) 644 -7200 CC No: (651)644 -9131 AssuredPartners of Minnesota LLC ADDRESS:dhegland @apminnesota . com 2361 Highway 36 West INSURER(S) AFFORDING COVERAGE NAIC # St. Paul MN 55113 INSURERA:United Fire & Casualty Co. 113021 INSURED INSURER B :American Interstate Insurance 131895 INSURER C :Nautilus Insurance Company Thomas & Sons Construction Inc. INSURER D: 13925 Northdale Blvd. INSURER E: Is 100,000 P.O. BOX 303 INSURER F: _ j $ 5,000 Rogers MN 55374 COVERAGES CERTIFICATE NUMBER:17 /18 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE : ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM /DDIYYYY . LIMITS X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence Is 100,000 X MED EXP_(_Any one person) _ j $ 5,000 Property Damage X Y 60430180 4/1/2017 4/1/2018 X XCU & Contr. Liab. 'PERSONAL &ADVINJURY 1$ 1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY K PE� � LOC PRODUCTS - COMP /OPAGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A A NY AUTO BODILY INJURY (Per accident) � $ JX ALL OWNED SCHEDULED AUTOS AUTOS X Y 60430180 1 4/1/2017 4/1/2018 . NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS i AUTOS Per accident PIP -Basic $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB ( CLAIMS -MADE iDED 1 X (RETENTION$ 10.,.0.00 I$ X 60430180 4/1/2017 4/1/2018 WORKERS COMPENSATION X STATUTE ORTH- AND EMPLOYERS' LIABILITY Y / N j E.L. EACH ACCIDENT $ 1, 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE ( B OFFICER/MEMBER EXCLUDED? (Mandatory in NH) fl N/A AVWCMN2588792017 4/1/2017 4/1/2018 E.L. DISEASE - EA EMPLOYEE $ 1 000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 000 C Professional Liability iCCP201784110 4/1/2017 i 4/1/2018 ;Limit 2,000,000 iPollution Liability 4/1/2017 4/1/2018 Limit 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Columbia Heights, MnDOT, SEH, the department, its officers, and its employees are listed as Additional Insured with regards to General Liability and Automobile Liability. Waiver of Subrogation applies The City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 ACORD 25 (2014/01) INS025 onuni 1 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 Michael Raasch /DAN( ✓L. _ems -"" `� - L ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD