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Imp. Proj. #322 CONTRACT DOCUMENTS FOR THE CITY OF NEW HOPE, MINNESOTA SANITARY SEWER AND APPURTENANT "\10RK SEWER IMPROVEMENT NO. 322 Date: Novrneber 22, 1976 Set. No. ORR-SCHELEN-MAYERON & ASSOCIATES, INC. CONSULTING ENGINEERS 2021 EAST HENNEPIN AVENUE MINNEAPOLIS, MINNESOTA 55413 COMMISSION NO. 025-2702 I hereby certify that this plan, specifi- cation, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. @~~~- fl# , gene H. - nderson Date: November 22, 1976 Reg. No. 6275 CONTRACT DOCUMENTS CITY OF NEW HOPE, HINNESOT.i\ TABLE OF CONTENTS SEC'l'ION CODE Advertisement for Bids AB Instructions to Bidders IB General Conditions GC Special Provisions SP Special Conditions for Sanitary & Storm SeV-ler SC-SS Proposal Form PF Contract for Construction CC Affidavit Affidavit Appendix 025-2702 ADVERTISEMENT FOR BIDS FOR SANITARY SEWER LIFT STATION MODIFICATION AND APPURTENANT WORK FOR THE CITY OF NEW HOPE, MINNESOTA SEWER IMPROVEMENT NO. 322 Notice is hereby given that sealed proposals will be received by the City Council of the City of New Hope, Hennepin County,' Minnesota, at the New Hope City Hall, 4401 Xylon Avenue North; New Hope, Minnesota 55427, until 11:00 A.M. on the lOth day of December, 1976, and will be publicly opened at said time and place by two or more designated officers or agents of the City of New Hope, said proposals to be for the furnishing of all labor and materials for the construction, complete in place, of the following approximate quantities. 1 Sanitary Sewer Lift Station Modification 1300 L.F. 8" Force Main and Appurtenant Work Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal forms provided in accordance with contract documents, plans and specifications as prepared by Orr-Schelen-Mayeron & Associates, Inc., Con- sulting Engineers, 2021 East Hennepin Avenue, Minneapolis, Minnesota 55413, which are on file with the City Clerk of New Hope and may be seen at the office of the Consulting Engineers. Copies of Proposal Forms, Plans and Specifications for use by Contractors submitting a bid may be obtained from the Consult- ing Engineers, Orr-Schelen-Mayeron & Associates, Inc., 2021 East Hennepin Avenue, Minneapolis, Minnesota 55413, upon deposit of $25.00 per set. The full amount of the deposit for one set only of drawings and specifications will be returned to contractors who submit a bona fide bid and who return the drawings and specifications in good condition within fifteen (15) days after the opening of bids. One half the deposit amount will be returned on all other deposits, including deposits made to secure documents for subcontractors or material suppliers estimating purposes, 025-2702 -1- AB upon the return of the documents in good condition within fif- teen (15 ) days after the bids are opened. Individual drawings and sections of specifications may be purchased at a rate of One Dollar ($1.00) per plan sheet and Ten Cents ($.10) per sheet of specification for which no refund shall be made. No bids will be considered unless sealed and filed with the City Clerk of New Hope and accompanied by a cash deposit, cashier's check, bid bond or certified check, payable to the City Clerk of New Hope, for five percent (5%) of the amount bid to be forfeited as liquidated damages in the event the bid be accepted and the bidder shall fail to enter promptly into a written contract and furnish the required bond. The City of New Hope reserves the right to reject any and all bids and to waive informalities. Date: November 22, 1976 By: Order of the City Council /s/ Harlyn G. Larson City Manager City of New Hope, I-linnesota 025-2702 -2- p.B INSTRUCTIONS TO BIDDERS INDEX Item Page l. Examination of Plans, Specifications and Site of Work 1 2 . Bid Security 1 3. Contract Documents 1 4. Preparation of Proposal 1 5. Conditions in Bidder's Proposal 2 6. Interpretation of Estimates 2 7 . Delivery of Proposals 2 8 . Rejection of Proposals 2 9. Withdrawal of Proposals 2 10. Public Opening of Proposals 3 ll. Disqualification of Bidders 3 12. Equipment 3 13. Furnishing of Evidence of Responsibility 3 140 Requirements of Contract Bond 3 15. Failure to Execute Contracts 4 16. Unit Prices 4 INSTRUCTIONS TO BIDDERS l. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK The bidder shall examine to his satisfaction the quantities of work to be done as determined from the plans and specifications. Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and bidders must rely on their own calculations. Bidders shall be thoroughly familiar with the Contract Documents including all General Conditions and Special Conditions. Bidders shall inform themselves of the character and magnitude of work and the conditions under which the work is to be performed concerning the site of the vlOrk, the structure of the ground, the existe.nce of surface and ground water, availability of drainage, the obstacles which may be encountered, means of approach to the site, manner of delivering and handling materials, facilities of transporting equipment and all other relevant matters pertaining to the complete execution of this contract. No plea of ignorance of conditions that exist or that may hereafter exist, or of diffi- culties that will be encountered in the execution of the work here- under which result from the failure to make necessary examinat and investigations, will be accepted as a sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of this contract, or will be accepted as a basis for any claim whatsoever for extra compensat or for an extension of time. No bidder may rely upon any state- ments or representations of any officer, agent, or employee of the Owner with reference to the conditions of the work of the character of the soil or other hazards which may be encountered in the course of construction. 2 . BID SECURITY Each bid shall be accompanied by a bid security in the form and amount as specified in the Advertisement for Bids. Such bid security is a guaranty that the bidder will enter into a contract with the Owner for the work described in the proposal, and the amount of the bid security of a successful bidder shall be for feited to the Owner as liquidated damages in the event that such bidder fails to enter into a contract and furnish Contractor's bond. 3. CONTRACT DOCUflliNTS The Contract Documents will consist of the Advertisement for Bic1s1 Instructions to Bidders, General Conditions, Special Conditions, Proposal Form, Form of Contract and all plans and drawings. T11ese documents are on file with the Owner. 4. PP~PARATION OF PROPOSAL The bidder shall submit his proposal on the forms provided by the -l- IB Engineer without removing them from the bound Contract Documents. He shall also submit a duplicate proposal on the additional un- bound forms provided by the Engineer. The blank spaces in the proposals shall be filled in correctly with ink where indicated for each and every item for which a quantity is given, and the bidder shall state the prices for which he proposes to do each item of the work contemplated. The bidder's proposal shall be signed correctly with ink. If proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the State under the law of which the corporation was chartered and names, titles and business addresses of the President, Secretary, and Treasurer. All bids from Corporations shall bear the official seal of the Corporation. S . CONDITIONS IN BIDDER'S PROPOSAL The bidder shall not stipulate in his proposal any conditions not provided for on the proposal form. 6 . INTERPRETATION OF ESTIMATES The Engineer's estimate of quantities as shown in the proposal shall be used as a basis of calculation upon which the award of contract will be made, but these quantities are not guaranteed to be accurate and are furnished without any liability on the part of the Owner. 7 . DELIVERY OF PROPOSALS All bids shall be placed in a sealed envelope with a statement thereon showing the work covered by the bid, and addressed to the address as stipulated in the Advertisement for Bids. Pro- posals may be mailed or submitted in person. No bids will be received after the time set for receiving them. Bids arriving by mail at the office of the Owner after the hour designated for receiving bids will be returned to the sender unopened. 8 . REJECTION OF PROPOSALS Proposals may be rejected if they show any omission, alteration of form, additions not called for, conditional bids or alternate bids not specified or irregUlarities of any kind. Proposals in which the prices are obviously unbalanced may be rejected. 9. WITHDRAWAL OF PROPOSALS A bidder may withdraw his proposal without prejudice to himself provided he files a written request with the Owner before the hour of letting, and such withdrawn proposal may be modified -2- IB and resubmitted by the bidder at any time prior to the hour set for the opening of bids. 10. PUBLIC OPENING OF PROPOSALS Proposals will be opened publicly and read aloud in such place as designated at the time and the date set in the "Advertisement". Bidders or their authorized agents are invited to be present. 11. DISQUALIFICATION OF BIDDERS More than one proposal for the same project from an individual firm, partnership or corporation under the same or different names will not be considered. Evidence that any bidder is interested in more than one proposal for the same work will cause rejection of all such proposals. Collusion between the bidders will be considered sufficient cause for the rejection of all bids so affected. Failure on the part of any bidder to carry out previous contracts satisfactorily or his lack of the experience or equipment neces- sary for the satisfactory completion of the work may be deemed sufficient cause for his disqualification. 12. EQUIPMENT When requested by the Owner, the bidder shall furnish a complete statement of the make, size, weight (where weight is one of the specified requirements) condition and previous length of service of all equipment to be used in the proposed work. 13. FURNISHING OF EVIDENCE OF RESPONSIBlLITY When requested by the Owner the Bidder shall furnish a balance sheet, certified by a certified public accountant as to a date not more than sixty (60) days prior to date of the opening of proposals which shall set forth outstanding assets and liabilities in reasonable detail. The bidder shall also furnish a list of work of similar nature performed with dates of completion thereof. The bidder shall also furnish any other additional information relative to financial responsibility and competence to do the work as may be requested by the Owner prior to acceptance of any proposal. 14. REQUlRE~lliNTS OF CONTRACT BOND The successful bidder, at the time for the execution of the con- tract shall furnish and at all times maintain a satisfactory and sufficient bond in full amount of the contract as required by law with a corporate surety satisfactory to the Owner. The Form of Bond is that required by Statute. Personal sureties will not be approved. -3- IB 15. FAILUPili TO EXECUTE CONTP~CTS Failure to furnish the contract bond in a sum equal to the amount of the award, or to execute the contract within ten (10) days, as specified, shall be just cause for the annulment of the award; and it shall be understood by the bidder that in the event of the annulment of the award, the amount of the guaranty deposited with the proposal shall be retained by the Owner, not as a penalty, but as Liquidated Damages. 16. UNIT PRICES In case of error in the extension of prices, the unit big prices shall govern. The owner reserves the right to waive any infor- mality in the bids at his discretion. , -4,,- IB - GENEPiliL CONDITIONS TABLE OF CONTENTS Article Page l. In General 1 2. Definitions 1 3. Interpretation of ProDosed Contract Documents 2 4. Form of Contract 3 5. Contractor's Insurance ..., .) 6. Compliance with Laws, Building Codes & Regulations 5 7. Permits and Licenses 5 8. Assignment of Contract 5 9. Sub-Contracting 6 10. Contractor's Responsibilities 6 ll. Termination of Contractor's Responsibility 7 12. Prosecution of Work 7 13. Limitations of Operations 7 14. Conformity with Plans and Allowable Deviations 8 15. Coordination of Plans and Specifications 8 16. Contractor's Right to Request Changes 8 17. Alterations of Plans or Character of Work 8 18. Increased or Decreased Quantities of 1i'lork 9 19. Changes in the Hork 9 20. Claims and Protests 11 2l. Superintendence and Supervision 11 22. Engineer's S tat us 12 23. Inspection of Hork 12 24. Delays and Extension of Time 13 25. Correction of Hork Before Final Paymen~ 14 26. Correction of Hork After Final Payment 14 27. Failure to Complete Work on Time 15 28. The Right of the Owner to do the Work 1 ~ -LJ 29. Right of the Owner to Declare the Contractor in Default 1 ~ -LJ 30. Exercise of the Right to Declare in Default 17 3L Quitting the Site 17 32. Completion of the Hork After Default 17 33. Partial Default 18 34. Scope of Payment 18 35. Applica~ion for Payments 18 36. Partial Payments 19 37. Certificates of Payment 20 38. Payments Withheld 20 39. Final Inspection 20 Article Page 40. Final Payment 21 4l. No Waiver of Legal Rights 22 42. Defense of Claims or Suits 22 43, Patented Devices, Materials and Processes 23 44. Naterials 23 45. Defective ~vork 25 46. Protection of the Work 25 47. Damage to Existing Improvements 27 4Q Protection and Restoration of Property 27 _ u . 49. Privileges of Contractor in Streets, Alleys and Rights-of-Way 29 50. Work in Storms 29 5l. Night Work 30 52. Use of Explosives 30 53. Noise Elimination 30 54. \'va ter 30 55. Sanitary Provisions 30 56. Fossils 30 57. Accident Prevention 31 58. "Or Equal" Clause 31 590 Labor 31 60. Discrimination on account of Race, Creed, Or Color Prohibited in Contract 31 6l. Sites to be Kept Clean 32 62. Measurements 32 63. Guarantee 33 GENERAL CONDITIONS CITY OF NEW HOPE, t-1INNESOT.Z\ 1- IN GENERAL The standard form of the 1I...111erican Institute of Architects, entitled "The General Conditions of the Contract", and con- taining Articles 1 to 14 inclusive, is a part of these spec- ifications, except that the following General Conditions shall take precedence over and modify any statements of the "General Conditions of the Contract" and shall be used in connection with them as part of the Contract Documents. A copy of these General Conditions of the Contract is on file in the Engineer;s Offices and is subject to inspection by this Contractor. Un'. familiarity with the terms of these General Conditions of t11e Contract will not relieve this Contractor of the terms contained therein. The '<'lord "Architect" In the General Conditions of tll.e Contract shall be construed to mean the same as "Engineer" In this specification. 2. DEFINITIONS The following terms ,tlhen used in the Contract Documents have t11e intent and meaning as given below: (a) The "O'tlner" means the City of New Hope, Minnesota. (b) HEngineer" means the Consulting Engineers as designated for the project by .....' Ovmer, in this case, Orr-Schelen- l-J.1e Ivlayeron & Associates, Inc. , Minneapolis, Minnesota. (c) "Contract Documents" are the Advertisement for Bid, Inform'. ation to Bidders, General Conditions, Special Provisions Special Conditions, Proposal Form; Form of Contract and all plans and drawings. (d) "Inspector" means an authorized representative of the Engineer, assigned to make any or all necessary inspec- tions of the work performed and the materials furnished by the Contractor. (e) "Laboratory" means the testing laboratory which may be approved by the Engineer to inspect and determine the suitability of materials. (f) "Bidder" means any individual, firm or corporation sub- mitting a proposal for the work contemplated, acting directly or through a duly authorized representative. (g) lIContractor" means the individual, firm or ...... corpOraL-lOn with whom the Owner contracts to complete the work and unless specified otherwise includes sub-contractors, (11 ) nproposal Form" means the prepared form so marked In t 11 (:: Contract Documents on 'ilhich the Bidder is to or has SU;)- mitted his, their or its proposal for the vlOrk contemplated -1- GC (i) "p lans" , all approved drawings or reproduction of dr 0.'/7-- ings, pertaining to the construction of the \vork and appurtenances. (j ) "Specifications", the directions, conditions, provisions and requirements contained herein, together with all written agreements made or to be made, pertaining to the method and manner of performing the work, or to the quantities of materials to be furnished under the contract. (k) "Pro)Josal", the written Proposal of the bidder on the Form furnished for the work contemplated. (1) "Proposal Guaranty" the security designated in the Pro- posal to be furnished by the Bidder as a guarantee or good faith to enter into a contract with the Owner, if the work is awarded to him. (m) lIContract", the agreement covering the perrormance or the work and the furnishing of materials in the construc- tion of the work. The Contract shall include the II Corl- tract Documents" and "Con tract Bond", also any and all supplemental agreements which reasonably may be requlred to complete the construction of the work In a substantial and acceptable manner. (n) "Contract Bond 1I , the approved form of security fur .nis112cl by the Contractor and his Surety or Sureties as a guar- antee of good faith on the nart of the Contractor to execute the work In accordance with the terms of the Contract. (0 ) "Surety" , the individual or corporate body which is bound with and for the contractor for the acceptable performance of the Contract and for his payment of all obligations pertaining to the work. (p) The term "Work" of the Contractor or sub-contractor includes labor or materials or both. (q) " A. S , T . t'l. " , American Society For Testing Materials. (r) Meaning of expressions. In order to avoid cumbersome and confusing repetition of expressions in these speci- fications, and whenever it is provided that anything is or is to be done, or as, or when, or where "contem- plated", "required II , "directed", "specified", "authorized", "ordered" , "given", Iidesignated", "indicated", "considered necessary" , "permitted" , "suspended", "approved", "accept- able", "unacceptable", "suitable", "unsuitable", "satis- factory" , "unsatisfactory", or "sufficient", it shall be taken to mean and intend, by or to the Engineer. 3 . INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS If any person contemplating submitting a bid for the proposed contract is In doubt as to the true meaning of any part or the -2- GC plans, specifications or other proposed contract documents, 11e may submit to the Engineer, a written request for an inter- pretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such contract documents and such other prospective bidder as have requested that they be fur- nished with a copy of each addendum. The Owner will not be res~ ponsible for any other explanation or interpretations of the proposed contract documents. 4. FO~l OF CONTRACT The Form of Contract to be used shall be the form prescribed and provided by the Owner in the Contract Documents. 5. CONTRACTOR'S INSURANCE No Contractor nor subcontractor shall commence work under this contract until he has obtained at his own cost and expense, all insurance required by this Article, such insur- ance to be approved by the Owner and maintained by the Con- tractor until final completion of the work. Completed Opera- tions Insurance shall also be maintained by the Contractor for a period of one (1 ) year after final completion date. A. Workmen's Compensation Insurance The Contractor shall take out and maintain for the duration of this 'contract statutory Workmen's Compensation Insurance and Employer's Liability Insurance as shall be required under the laws of the State of Minnesota. B. General Liability Insurance (1) Public Liability Insurance The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect him from all claims for bodily injury including accidental death as well as from all claims for Property Damage arising from operations under this con- tract. The minimum limits which are required are: $2001000 for injuries including accidental death to anyone person, and $500,000 for injuries including accidental death result- ing from one accident; Property Damage in the amount of not less than $300,000 per accident and the same amount in the aggregate. Such policy shall include coverage for: (a) Injury to or destruction of any property arising out of the collapse of/or structural injury to any building or structure due: (1) To grading of land, excavation, borrQ'i,ving, filling, backfilling, tunneling, pile driving, coffer-dam work or caisson work, or, -3- GC (2 ) To moving, shoring, underpinning, raising, or demolition of any building or structure or removal or rebuilding of any structural support thereof. (b) Injury to or destruction of wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus In connection therewith, beneath the sur- face of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving or injury to or destruction of property at any time resulting therefrom. (c) Injury to or destruction of any property arising out of blasting or explosion. (2 ) Automobile Insurance The Contractor shall carry Automobile Insurance on all auto- motive equipment owned, rented or borrowed in the minimum amounts of $200,000 for injuries including accidental death to any one nerson and $500,000 for injuries including death resulting from any one accident. This policy muse also pro- vide $100,000 Property Damage coverage. (3 ) Contractual Liability Insurance The Contractor agrees to hold harmless and indemnify the Ovmer, the Engineer and their agents from every claim, action, cause of action, liability, damage, expense or payment incurred by reasons of any bodily injury including death, or property damage resulting from the Contractor's operations ' , . on enlS proj ect . (4) Owner's Protective Liability and Property Damage Insurance The Contractor shall provide Owner's Protective Liability and Property Damage Insurance In the name of the Owner and the Engineer, insuring against bodily injury and property damage liability In the limits set forth above for which they may become legally obligated to pay as damages sustained by any persons, caused by accident and arising out of opera- tions performed for the named insured by independent contrac- tors and general supervision thereof. C. Builder's Risk-Fire and Extended Coverage Insurance If the nature of the entire installation or portion thereof, is such that it is insurable against the perils of fire, ev- ", tended coverage, vandalism and malicious mischief, such lnsur- ance shall be nrocured and maintained by the Contractor In behalf of himself, the Owner and his subcontractors, on a complete value form. -4- GC Insurance certificates evidencing that the above insurance is In force with companies acceptable to the Owner and in the amounts required shall be submitted to the Owner for examination and approved concurrently with the execution of the contract, after which they shall be filed with the Own e r . In addition to the normal information provided on the insurance certificates, they shall specifically provide that: (a) A certificate will not be modified except upon ten day's prior written notice to the Owner. (b) Coverage is included for blasting, collapse and underground hazards, and (c) The contractual liability hazard has been insured. 6. COMPLIANCE WITH LAWS, BUILDING CODES AND REGULATIONS The Bidder is assumed to have made himself familiar with all Codes, State Laws, Ordinances and Regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the work and no plea of misun- derstanding will be considered on account of the ignorance thereof. The provisions of such codes, laws or ordinances are deemed to be a part of these specifications and the Con- tractor will be bound by the provisions thereof. The Contractor shall and also by a Surety agree to indemni and save harmless the Owner and all of its officers, agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regula- tion or decrees, whether by himself or his employees. If the Contractor shall discover any provisions in the Plans, Contract, or these Specifications or any direction of the Engineer or inspector T,vhich is contrary to or inconsistent with any such law, ordinance, regulation or d~cree; ,he sb~tl forthwith report its inconsistency to the Englneer In wrl~lng, 7. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of work. 8. ASSIGNMENT OF CONTRACT No assignment by the Contractor of any principal construc- tion contract or any part thereof or of the funds to be received thereunder by the Contractor, will be recognized -5- GC unless such assignment has had the written approval of the Owner, and the Surety has been given due notice of such assignment and has furnished written consent thereto. In addition to the usual recitals in assignment contracts, the following language must be set forth: "It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract In favor of all persons, firms or corporations rendering such services or supplying such materials." 9. SUBCONTRACTING All subcontractors shall be subject to the approval of the Owner and the Engineer and no subcontracts shall be let without such approval. 10. CONTRACTOR'S RESPONSIBILITIES The Contractor shall furnish all necessary machinery, tools, labor, and material of every character required, and shall fully complete the work in accordance with the plan, speci- fications and detail drawings, for the prices bid. The entire work to be performed under the contract for this improvement is to be at the Contractor's risk, and he is to assume the responsibility for and risk of all damages to the work or to property adjacent to or on the line of said work. The Contractor shall have charge of and be responsible for the entire improvement until its completion and acceptance. He shall be liable for any defects which may appear or be discovered on his work. Whenever the Contractor is not present on the work, direc- tions will be given to the Superintendent or Foreman who may have immediate charge thereof, and shall by him be received and strictly obeyed. The Contractor shall designate one per- son who shall have charge of the job and to whom the inspector shall give directions. If any person employed on the work shall refuse or neglect to obey the directions of the Engineer, or his duly authorized representative, in anything relating to the work, or shall appear to be incompetent, disorderly, or unfaithful, he shall, upon the request of the Engineer, be at once discharged and not again employed upon any part of the work. -6- GC ll. TERMINATION OF CONTRACTOR'S RESPONSIBILITY Except as otherwise provided for in these specifications and in the Contractor's Bond, the Contractor's responsibility on his contract shall continue until final acceptance of his work by the Owner upon recommendation of the Engineer, such accep- tance to be made promptly after final completion of the work; and thereafter until all obligations contained in the con- tract shall have been fully performed by the Contractor according to the terms of the contract. 12. PROSECUTION OF WORK 11_11 dealings of the Owner will be with the Contractor. No work shall be started until the Contract has been executed. Definite notice of intention to start work shall be given to the Owner at least five (5) days in advance of beginning the \vork. Such starting time shall be within ten (10 ) calendar . days after the date of receipt by him of notice to proceed. The official starting time shall be taken as the date On which the Contractor is notified by the Engineer that he has ful- filled all preliminary requirements of the Owner. The official completion date will be calculated from the number of calendar days bet\veen the starting date and the completion date or time allowed for completion, using the official starting date as hereinbefore defined. Should the prosecution of the vlOrk for any reason be discontinued temporarily, by the Contractor, with the consent of the Engineer, he shall notify the Engineer at least twnety-four (24) hours before again resuming operations. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in \vhich the Contractor proposes to carryon the work, with dates at which the Contractor will start the several parts of the work; and estimated dates of completion of the several parts. If deemed necessary by the Engineer, he shall have the right to change such schedule of operation as required. The work shall be prosecuted in such manner as to insure it:s completion within the time set for it in the Contract. In case of failure to prosecute the work in such a manner as to insure its completion within the date specified, the Engineer shall have the right to require the Contract:or to place in operation such additional force and equipment as is deemed necessary. 13. LIMITATIONS OF OPERATIONS In case of a dispute arising between two or more Contractors engaged on the same work, as to the respective rights of each under these Specifications, the Engineer shall determine the matters at lssue and shall define the respective rights of the -7- GC various interest involved, in order to secure the completion of all parts of the work in general harmony, and with satis- factory results, and his decisions shall be final and binding on all parties concerned and shall not in any way be a cause for claim for extra compensation by any of the parties. 14. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS No deviation from the plans for the work of the approved work- ing drawings of the structures will be permitted without the written order of the Engineer. 15. COORDINATION OF PLANS AND SPECIFICATIONS This Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, but the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment to the intent of the Plans and Specifications. Any work not herein or on the plans specifically specified but which may be fairly implied or understood as included in the Contract, shall be done by the Contractor without extra charge. Any ambiguity or discrepancy in the Plans and Specifications shall be adjusted by using the best class of work or materials. In thE:) case of any discrepancy between the scale and figures on all plans, drawings, etc. , the figured dimensions shall govern. In the case of any discrepancy between the quantities shown in the proposal and those shown on the plans, the plans shall prevail. In case any other discrepancy occurs between the plans and these Specifications, the decision of the Engi- neer shall be decisive thereon. 16. CONTRACTOR'S RIGHT TO REQUEST CHANGES If the Contractor shall discover prior to or during conscruc- tion anything in the plans or specifications or in supplemen- tary directions by the Engineer which in the opinion of the Contractor appears to be faulty engineering or design, he shall forthwith advise the Engineer in writing of the par- ticulars. It is understood and agreed that, if no obj ection is raised by the Contractor under the provisions of this paragraph, the Contractor waives any right to contest the provisions of his Contract on the basis of faulty engineer- ing or design. 17. ALTERATIONS OF PLANS OR CHARACTER OF WORK The Engineer is glven the right as the work progresses, co make such alterations in the plans or in the character of the -8- GC work as may be considered necessary or desirable, in order to complete fully and perfect the construction of the work. Such changes shall in no way invalidate the contract. The Contractor will be informed in writing of all or any such alterations in character of work, before being ordered to per- form such work. After receipt of such notice, the Contractor will be given a reasonable length of time to accept or to protest the performance of work covered by such alterations. Should the Contractor, after having been notified and before any agreement has been reached, perform any of the work covered by such alterations, it will be construed that he has accepted such alterations of the work. The plans and specifications show the work to be performed. Construction conditions may require that minor changes be made In location and installation of the work and equipment to be furnished and other work to be performed hereunder and the Contractor when ordered by the Engineer shall make such adjustments and changes in said locations and work as may be necessary without additional charge, provided such adjUStments and changes do not alter the character, quantity or cost of work as a whole and provided further the plans and specifica- tions showing such adjustments and changes are furnished the Contractor by the Engineer within a reasonable time and before any work involving such adjustments and changes are made. 18. INCREASED OR DECREASED QUANTITIES OF WORK The Engineer is given the right to increase or decrease any or all of the items specified in the Plans, Proposal and Contract, including the elimination of one or more of such items. Such changes shall in no way invalidate the Contract. The Owner through the Engineer reserves the right to termi- nate the Contract as it applies to the item or items in ques- tion and to make such arrangement as he may deem necessary to complete such item or items of work. No allowance for anticipated profits will be made. 19. CHANGES IN THE WORK The Owner, to the extent authorized by law, may order extra work or make changes by altering, adding to, or deducting from the work without invalidating the contract, and the contract sum will be adjusted accordingly. No such order for extra work or change shall be valid unless authorized by official action of the Owner, and communicated to the Contractor in writing. All -9- GC such work shall be executed under the conditions of the origi- nal contract, except that any claim for extention of time caused thereby shall be adjusted at the time of ordering such change. The value of any authorized extra work or changes shall be determined for purpose of compensating the Contract in One or more of the fOllowing ways: A. By unit orlces named in the contract wherever such unlt ~rices are applicable to the extra work or change. B. By an acceptable lump sum proposed from the Contractor. C. By force account paid for in the fOllowing manner: 1) For all labor and foreman In the direct charge of the specific work, the Contractor will receive the actual wages paid for each and every hour that said labor and foreman are actually engaged In such work, plus the cost of bond, insurance, and taxes allowable to such wage cost, to which cost shall be added 15% of the sum thereof. No charge shall be made by the Contractor for organlzatlon or overhead expenses. 2) For all materials used the Contractor will receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added ten (10%) percent of the sum thereof. ~fuere materials are not specifically purchased for "Force Account" work, but are taken from the Contractor1s stock, the Contractor shall submit an affidavit of the quantity, price and freight on such materials in lieu of original bills, and invoices. This affidavit shall be approved by the Engineer. 3) For any machinery, trucks, or equipment including fuel and lubricants, which it may be deemed necessary or desirable to use, the Contractor will receive a reasonable rental price, for each and every hour that said machinery, trucks and equipment are ln use on such work, and to which sum no per- centage will be added. Such rental price shall not exceed the rates established by the A.G.C. for this district for comparable ren~als and shall be subject to the Engineer1s approval. 4) The compensation as herein provided shall be received by the Contractor as payment. ln full for '\vork done by II Force Account" and said fifteen (15%) percent for labor and said -10- GC "cen (10%) percent for materials shall be agreed to cover profit, superintendence, general expense, overhead, bond premiums, insurance and the use of small tools and equipment for \vhich no rental is allowed. ,... \ The Contractor or his representative and the Engineer J/ or his representative shall compare records of \vork on a uForce Account" basis at the end of each day. Copies of the records shall be made in triplicate on "Force Account" forms, provided for this purpose by the Engineer and signed by both parties. To all such claims for Force Account Work; the Contractor shall attach receipted bills for, or affidavits of, materials used, and freight receipts recoverlng freight on such materials used, and said claims shall be presented to the Engineer for payment not later than the twentieth (20) day of the month following that in which the work was actu- ally performed and shall include all labor charges and material charges insofar as they can be verified. Should the Contractor refuse or fail to execute the wor]e as directed, or to submit his claim as required, the Owner may withhold payment of all current estlmates until the Con trac-- tor's refusal or failure is eliminated, or after giving the Contractor due notice the Owner may make payment for said work on a basis or a reasonable estimate of the value of the work performed. 20. CLAHIS AND PROTESTS If the Contractor claims that any instructions by drawings or otherwise to be .c . or involve extra cost under this Contracc unLalr for which he would claim extra compensation, he shall give the Engineer written notice thereof \'li thin a reasonable time after the receipt of such instructions, and in any event berore pro- ceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided for changes in the \'1Ork. No such claim will be valid unless so made. 2l. SUPERINTENDENCE AND SUPERVISION The Contractor shall keep h' work during its progress a on ..l S competent superintendent and any necessary assistants, all satisfactory to the Engineer. The superintendent shall not be changed except itli th the consent or the Engineer unless the superintendent proves unsatisfactory to the Contractor and ceases to be in h' employ. The superintendent shall repre- ..lS sent the Contractor in his absence, and all directions given to him shall be as binding as if glven to the Con1:ract:.or. Impor- tant directions shall be confirmed in writing to the Contractor, Other directions shall be so confirmed on written request In each case. -11- GC The Contractor shall give efficient superV1S1on to the \c'70rk using his best skill and attention, shall carefully study and compare all draY'lings, specifications and other instrucc.ions and shall at once report to the Engineer any error, inconsis- tency, or omission which he may discover, but he shall not be held responsible for th e i r existence or discovery. The Contractor will be supplied, by the Engineer, copies of t.he Plans and Specifications. He shall have said Plans and Speci- fications available on the tdork, at all times, during the pros- ecution of the work. He shall give the \vork his constant atten- tion to facilitate the progress thereof and shall cooperate vii th the Engineer in setting and preserving stakes, bench marks, etc. 1 and in all other things that are necessary for satisfactory com- pletion of the work contemplated. 22. ENGINEER'S STATUS The Engineer shall have general supervision and direction of the v70rk. He is the agent of the Owner only to the extent provided in the contract documents and as authorized by law. He has authority to stop the work whenever such stoppage may be necessary to insure proper execution of the contract. lie is recognized by both parties to the contract as the inter- preter of the contact documents. He shall, within a reason~ able time, make decisions on all claims of 1:.he Owner, or the Contractor, on all matters relating to the execution and pro- gress of the work, or the interpretation of the contract docu- ments. The Engineer shall decide any and all questions as to quality of material furnished for the \york, and shall decide all questions regarding the interpretations of specifications or plans relating to the \york, and shall determine the amount and quantity of the several kinds of work performed, and mate- rials furnished, which are to be paid for under the contract, Any work not specifically specified on the plans, but t,yhich may be fairly implied, or understood, as included in the con- tract, shall be done by the Contractor without extra charge; and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the ful- fillment to the extent of the plans and specifications. In the case of any discrepancy occuring between the plans and specifications, the decision of the Engineer 1S final. 23. INSPECTION OF WORK The Engineer and his representatives shall at all times ha\7e access to the work ~1erever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for inspection. An inspector may be stationed on the work to report to 1:.he Engineer as to the progress of the work and the manner 1n -12- GC which it is performed, also to report when it appears that the materials furnished, or the work performed by the Contrac- tor fail to fulfill the requirements of the contract and to call to the attention of the Contractor any such failure or infringement. In case of any dispute arising between the Contractor and the Inspector as to the material furnished, or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until s -etch matter can be referred to, and decided by the Engineer, No advice which the Inspector may give the Contractor shall be construed as binding upon the Owner nor will such advice release the Contractor from the fulfillment of the terms of the contract. If the specifications, the Engineer's . . laws; ordi- lnstructlons, nances, or any public authority require any work to be special tested or approved, the Contractor shall give the Engineer timely notice of its readiness for the inspection, and if t l:le inspection is by another authority than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made and where practicable at the sources or supply. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engi- neer, and if so ordered, the work must be uncovered by the Contractor. If such "vork be found in accordance with the con- tract documents, the Owner shall pay the cost of re-examina- tion and replacement. If such work be found not in accor- dance vvi th the contract documents, the Contractor shall pay such cost unless he shall show that the defect In the work was caused by another Contractor, in vihich event the Owner shall pay the cost. 24. DELAYS AND EXTENSION OF TIME If the Contractor be delayed at any tlme in the progress of Lb.e viOrk by an act or neglect of the Owner or the Engineer or any employee of either, or by any other Contractor employed by the Owner, or by changes ordered In the vwrk, or by , . 1 fire SLrlKe, unusual delay In transportation, unavoidable casualties or other causes beyond the Contractor's control, or by any cause vihich the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable t:ime as the O",mer may decide; and the decision of the Owner shall be binding on both parties and shall not be arbitrary or unrea-- sonable. No such extension shall be made for delay unless claim therefore is made in writing to the Engineer within seven ( 7) days after the period of delay shall have commenced. The Con- tractor shall not be entitled to extension of time for each one -13- GC of several causes of delay operative concurrently, but on :Lor the actual period of delay, nor shall the Contractor be entitled to an extension for causes of delay if one of such causes for which extension is authorized above. The Contractor shall have no claim for damages against the Owner for delay in performance of the contract due to any act or omission of the Owners or an:y of its representatives, and his sole remedy on account thereof shall be his right to apply to the Engineer for extension of time as provided herein. 25. CORRECTION OF WORK BEFORE FINAL PAYMENT The Contractor shall promptly remove from the premises all ]"rra- terials condemned by the Engineer as failing to conform to the contract, whether incorporated in the work or not and the Con- tractor shall promptly replace and re-execute his own work in accordance with the contract documents and without expense to the Owner and shall bear the expense of making good all work of the other Contractors destroyed or damaged by such removal or replacement. All materials not f . to the requirements of these soeci- con_ormlng fications shall be considered as defective and all such materials whether In place or not, vIi 11 be rejected and shall be removed immediately from the right-of-way, unless otherwise permitted. No material which has been rejected, the defects of which have been corrected or removed, shall be used until approval has been given. T.c the Contractor does not remove such condemned work and ma- _.1.. terials within a reasonable time fixed by written notice, the O'il'1ner may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal \'7i thin ten (10) days thereafter, the Owner may upon ten (10 ) davs written notice sell such materials at: auctlon or at prlvate sale and shall account for the net proceeds there- of, after deducting all the cost and expenses that should have been borne by the Contractor. 26. CORRECTION OF WORK AFTER FINAL PAYr'ffiNT Neither the final certificate, nor payment, nor any provision of the contract documents, shall relieve the Contractor of responsibility for faulty material or 'it>lorkmanship.' and unless otherwise specified he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear 'ill thin a period of one year from the date of final approval and acceptance by the Owner. The O\vner shall glve. notice of observed defects \'7i th reasonable promptness. p__11 ques- tions arising under t:his article shall be decided by the Eng -14- GC 27. FAILURE TO COMPLETE WORK ON TI~lli The Contractor guarantees that he can and will complete the work within the time limit stated in the Agreement, or within the time as extended as provided elsewhere in the contract documents. In.-- asmuch as the damage and loss to the Owner which will result from the failure of the Contractor to complete the work within the st ulated time; will be most difficult or impossible of accurate as- sessment; the damage to the Owner for such delay and failure on ~he part of the Contractor shall be liquidated at a daily rate in an amount as specified in the Special Provisions for each calendar day; Sundays and holidays included, by which the Contractor shall fail to complete the work or any part thereof in accordance with the provisions hereof; and such liquidated damages shall not be considered as a penalty. The Owner will deduct and retain out of any money due or becomes due hereunder the amount of liquidated damages, and in case those amounts are less than the amount of liquidated damages the Contractor shall be liable to pay the dif- ference upon demand. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after t112 date to which the time for completion may have been extended, s11al in no way operate as a waiver on the part of the Owner of any of its rights under the contract. Neither by the taking over of the work by the Owner, nor by the termination of the contract, shall the Owner forfeit the right to recover liquidated damages from the Contractor or his Sure for failure to complete the contract. 28. THE RIGHT OF THE OvffiER TO DO THE WORK If the Contractor should neglect to prosecute the work proper or fail to perform any provision of the contract, the Owner after three ( 3) day I s written notice to the Contractor, may without pre- judice to any other remedy the Owner may have, make good such de- ficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, hOlvever, that the Engineer shall approve both such action and the amount charged to the Con- tractor. 29. RIGHT OF THE OWNER TO DECLARE CONTRACTOR IN DEFAULT In addition to those instances specifically referred to in other articles herin, the Owner shall have the right to declare the Con- tractor in default of the whole or any part of the work if: A. The Contractor becomes insol ven t; or if B, The Contractor makes an assignment for the benefit of cr ,.,- tors pursuant to the statutes of the State of Minnesota; or if -15- GC C. A voluntary or involuntary petition in bankruptcy be filed by or against the Contractor; or if D. The Contractor fails to commence work when notified to do so by the Engineer; or '.c l.L E. The Contractor shall abandon the work; or if "' The Contractor shall refuse to proceed with the work when aIle. .L . as directed by the Engineer; or if G. The Contractor shall without just cause reduce his vvod;::ing force to a number which, '.c maintained, would be insufficient l.L the opinion of the Engineer, to complete the work in accordance with the approved Progress Schedule, and shall fail or refuse suf-. ficiently to increase such working force when ordered to do so the Engineer, or ' .c l.L H. The Contractor shall sublet, assign, transfer, convey cr ot:.her-- wise dispose of his contract other than as herein specified, or ., " r, A receiver or recelvers are appointed to take charge of the Contractor's property or affairs; or if J . The Engineer shall be of the opinion that the Cont:.ractor lS or has been willfully or In bad faith violating any of the provi-- sions of this contract; or if K. The Engineer shall be of the opinion that the Contractor lS - has been unnecessarily or unreasonably or willfully delay t11e performance and completion of the work, or the award of necessary sub-contracts, or the placing of neces s ary material and equiplnent orders; or if T The Engineer shall be of the opinion chat the work cannot be ..:...Jtl competed l'1ithin the time herein provided therefore or within the time to which such completion may have been extended; provided. - , however, that the impossibility of time ly 1 " , in the En-- comp_eclon lS gineer's opinion, attributable to conditions within the Con trac CC)IC ~.~ control; or if M. The Engineer shall be of the opinion that the Contractor is n.ot. or has not been executing the contract In good faith and in accor-- dance with its terms; or if No The work lS not completed within the time herein provided therefore or within the time to which the Contractor may be ell- titled to have such completion extended. -16- GC O. Before the Owner shall exercise its right to declare the Con tractor in default by reasons of the conditions set forth in items number A., D. , E. , F 0 , G. , J. , K. , L. , M. , and N. , he shall give the Contractor an opportunity to be heard, on two days' notice at:. ,:lhich hearing the Contractor may have a stenographer present; pro.- vided, however, that a copy of such stenographic notes, i rclC({ 7 shall be furnished to the Owner. 30. EXERCISE OF THE RIGHT TO DECLARE IN DEFAULT The right to declare in default for any of the grounds specified or referred to in Article 29 hereof, shall be exercised by s the Contractor a notice, signed by the Engineer, setting forth the ground or grounds upon which such default is declared. 3l. QUITTING THE SITE Upon receipt of such notice the Contractor shall iThuediately dis continue all further operation under this contract and shall im- mediately quit the site, leaving untouched all plant materials equipment, tools and supplies then on the site. 32. COMPLETION OF THE VIORK AFTER DEFAULT The Ovmer, after declaring the Contractor in default, ma'.l tll.en 11a~ the work completed by such means and in such manner, by COll tract with or without public letting, or otherwise, as it may deem advis able, utilizing for such purpose such of the Contractor1s plant materials, equipment, tools and supplies remaining on the site ar1Ci. also such sub-contractors as it may deem advisable. After such completion, the Engineer shall make a certificate the expense incurred in such completion, which shall include the of reletting and also the total amount of liquidated damages (at rate provided for In the Specifications) from the date when the should have been completed by the Contractor in accordance with the t:.erms hereof to the date of actual completion of the work. SUCll certificate shall be binding and conclusive upon the Contractor, his Sureties, and any person claiming under the Contractor, as co the amount thereof. The expense of such completion, as so certified by the Eng shall be charged against and deducted out of such monies as vlou.ld have been payable to the Contractor, if he had comoleted the work the balance of such monies, if any, subject to the other provision of this contract, to be paid to the Contractor without interest:. af ter such completion. Should the expense of such completion, so eer.. tified by the Engineer, exceed the total sum which would have been payable under this contract, if the same had been completed by tl~le Contractor, any such excess shall be paid by the Contractor to the Owner upon demand. -17- GC 33. PARTIAL DEFAULT In case the Owner shall declare the Contractor In default as to a part of the work only, the Contractor shall discontinue such part, shall continue performing the remainder of the work in strict conformity with the terms of the contract, and shall in no way hinder or interfere with any other Contractors or persons whom the Owner may engage to complete the work as to which the Contractor was np,~, clared in default. The provisions of the clauses herein relating to declaring the Con tractor in default as to the entire work shall be equally appli-. cable to a declaration of partial default, except that the Owner shall be entitled to utilize for completion of the part of the wo as to which the Contractor was declared in default only such plant materials, equipment, tools and supplies as had been previous usee by the Contractor on such part. 34. SCOPE OF PAYVlliNT The Contractor shall receive and accept the compensation as herein provided, In full payment for furnishing all materials, labor, tools equipment, royalties, fees, insurance, permits, bonds, ecc., and LUL performing all i,'70rk contemplated and embraced under the Contract also for all loss or damage arising out of the nature of the wo or from the action of the elements, until its final acceptance the Owner, and for all risks connected with the prosecution of che work, also for all expenses incurred by, or In consequence or, cne suspension or discontinuance of said prosecution of the work as herein specified and for completing all of the work eW.J1::lraced in the Contract. The Contractor shall under this contract prlce furnish and pay T0Y' all material and incidental work, furnish all accessories, and do everything which may be necessary to carry out the contract In faith, which contemplates everything completed in good working orde of good material with accurate workmanship. 35. APPLICATION FOR PAYlflliNTS The Contractor shall submit to the Engineer an application ror each payment verified as required by law for claims against the Owner and, if required, receipts or other vouchers showing his payments for materials, and labor, including payments to subcontractors plication for progress payments authorized by the concract shall submitted at least twenty (20) days before each payment falls due and, if required, the Contractor shall before the first application submit to the Engineer a schedule of values of the varlOUS parcs = work, including the quantities aggreqating the total sum of ttH: c tract divided so as to facilitate payments to sub-contractors, mace out in such form, and supported by such evidence as to lts correcc~ ness as the Engineer may direct. In applying for payments the Ccn tractor shall submit a statement based upon this schedule, supported bv such evidence as the Engineer may direct, showing his right to payment claimed. Payment claimed on account of materials delivered -18- GC and suitably stored at the site, but not incorporated in the work shall, if required by the Engineer, be conditioned upon submission by the Contractor of bills of sale, or such procedure as will es- tablish the title of the Owner to such material, or otheTIlise ad- equately protect the interest of the Owner. The Engineer will ex- amine claims for payment promptly, and his determination of the amount due on progress payment will be final. 36. PARTIAL PAn1ENTS Unless payments are withheld by the Owner for reasons hereinbefore stated, payment will be made at least once a month on a basis of ninety (90%) percent of the work done, provided the work is pro~" gressing to the satisfaction of the Engineer. Monthly estimates may include the value of acceptable materials required in the construction, which have been delivered on the site of the work or adjacent railway siding, and for which accep- table provisions have been made for their preservation and s From the total value of the materials so reported, ten (10%) percen will be retained. Such material, when so paid for by the Ownerl shall become the properLY of the Owner, and in the event of the de~' fault on the part of the Contractor, the Owner may use or cause LC used such materials In the construction of the work provided for in the contract. The amount thus paid by the Owner for materials shall go to reduce estimates due the Contractor as the material s used in the work. Vouchers will be passed for payment by the Owner not later than the tenth (10th) of the follOi.ving month, unless delayed by ments for examination or auditing by other authorities. -19- GC 37. CERTIFICATES OF PAYMENT If the Contractor has made application as above! the Engineer shall, not later than the date when each payment falls due, issue to the Contractor a certificate for such amount as he decides to be properly due. No certificate issued nor payment made to the Contractor, not partial, or entire, use, or occupancy of the work by the Owner shall be acceptance of the work or materials not in accordance with this contract. 38. PAY~lliNTS WITHHELD The Owner may withhold, in addition to retained percentages from payment to the Contractor such an amount or amounts as may be necessary to cover: A. Defective work not remedied. B. Claims for labor or materials furnished the Contractor or sub-contractor, or reasonable evidence indicating probable filing of such claims. C. Failure of the Contractor to make payments properly to sub-contractors or for material or labor. D. A reasonable doubt that the contract can be completed for the balance then unpaid. E. Evidence of damage alleged to be caused by the Contractor to other persons or property in connection with the work under the contractor for which claim has been or will be asserted against the Contractor, the Owner or the Engineer. The Owner may disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment therefrom, but the Owner assumes no obligation to make such disbursement. The Owner will render to the Contractor a proper accounting of all such funds disbursed. 39. FINAL INSPECTION The Engineer will make final inspection of all work included in the contract or any portion thereof, as soon as practicable after notification by the Contractor that such work is near- ing completion. If such work is not acceptable to the Eng- ineer at the time of his inspection, he will advise the Con- tractor in writing as to the particular defects to be remedied -20- GC before such work can be accepted. If, within a period of ten (10) days after such notification, the Contractor has not taken steps to speedily complete the work as directed, the Engineer may, without further notice and without In any way impairing the contract, make such other arrangements as he may deem necessary to have such work completed in a satis- factory manner. The cost of so completing such work shall be deducted from any monies due, or which may become due the Contractor on his contract. 40. FINAL PAYMENT Upon completion of the work and its acceptance by the Engi- neer, the Engineer will prepare a final estimate containing complete quantities of each and every item of work performed by the Contractor, and the value thereof, upon acceptance of said final estimate by the Contractor, the Engineer will cer- tify in writing to the Owner as to the completion and his acceptance of the work, and to the entire amount and value of each and every item of work performed in accordance with the terms of the contract. Unless as herein provided, the Owner will accept the Certificate and Final Estimate for final pay- ment and will notify the Contractor and his Surety or Sureties of the acceptance of the work. The action of the Owner and the Engineer, by which the Contractor is to be bound and the contract concluded according to the terms thereof, shall be evidenced by the aforesaid Certificate and Final Payment. 23,.11 prior certificates or estimates upon which payments may have been made are merely partial estimates and subject to correc- tion in the final payment. Before final payment is made for the work on this Project! the Contractor must make a satisfactory showing that he has complied with the provisions of Minnesota Statutes Annotated 290.92 requiring the withholding of State income tax for wages paid employees on this Project. Receipt by the Clerk of the Owner of a Certificate of Compliance from the Cowmis- sioner of Taxation will satisfy this requirement. The Con- tractor is advised that before such certificate can be issued! he must first place on file with the Commissioner of Taxation an affidavit that he has complied with the provisions of M,S.A. 290.92. The required affidavit form will be supplied by the Commissioner of Taxation, Centennial Building, St. Paul, Minnesota 55101, on request. Final payment will not be made until the Contractor shall have filed with the Owner evidence in the form of an affidavit and such other evidence as may be required that all claims against him by reasons of the contract have been fully paid or sai:is~ factorily secured. In case such evidence is not furnished, tr1e Owner may retain out of any amount due said Contractor sWus sufficient to cover all claims unpaid. -21- GC 41. NO WAIVER OF LEGAL RIGHTS The Owner, or its Engineer, shall not be precluded or stopped by any measurement, estimate or certificate, made or given by them, or by any of their agents or employees, under any prov- ision or provisions, of the Contract, any time either before or after the completion and acceptance of the work and payment thereof pursuant to any measurements, estimate or certificate from showing at any time, that any such measurements, estimate or certificate is untrue or incorrectly made in any particular or that the work or materials or any part thereof do not conform in fact to Specifications and Contract, and the Owner shall have the right to reject the whole or any part of the afore- said work or material, should the said measurement, estimate certificate or payment be found, or be known to be inconsistent with the terms of the Contract, or otherwise improperly given and the Owner shall not be precluded or stopped notwithstand~ ing any such measurement, estimate, certificate and payment in accordance herewith, from demanding and recovering from the Contractor and his Surety such damages as it may sustain by reasons of his failure to comply with the terms of the Speci- fications and Contract. Neither the acceptance of the Owner or its Engineer or any of their agents or employees, nor any certificates by the Engineer! for payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the Owner, or its Engineer, nor any extension of time, nor any possession taken by the Owner or its employees, shall operate as a waiver of any portion of the Contract or any power herein reserved by the Owner, or any right to damages herein provided, nor shall any waiver of any breach of the Contract be held to be a waiver of any other or subsequent breach. 42. DEFENSE OF CLAIMS OR SUITS The Contractor shall indemnify and save harmless the Owner and all of its officers, agents and employees, from any and all loss, damages, expense, including cost and expense and attorneyls fees of litigation arising from all suits, actions; or claims or any character, name and description, brought for, or on account of any injuries or damages received or sustained by any person, or persons or property by or from the said Contractor or by or in consequence of any neglect in safeguarding the work, or through the use of unacceptable materials ln constructing the work or by or on account of any act or omission, neglect or mis- conduct of said Contractor, or by or on account of any claims or amounts recovered for any infringement of patent, trademarks or copy right, or from any claims or amounts arising or recovered under the "Worker! s Compensation Law", or any other law, by-Iaitv p ordinance? order or decree and so much of the money due the said Contractor under and by virtue of his Contract as shall be con- sidered necessary by the Owner may be retained for the use of said Owner; or in case no money is due his Surety shall be held -22- GC until such suit or suits, action or actions, claims or claims: for injuries or damages, as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner. The unauthorized use by the Contractor of public or private prop- erty for any purpose may be considered an injury or damage to the property so used. No monies; payable under the Contract, or any part thereof except the estimate for the first month, or period, shall become due and payable, if the Owner so elects, until the Contractor shall satisfy the said Owner that he has made a satisfactory settlement for all materials and equipment used in or upon the work and labor done for the preceeding month in connection therewith. 43. PATENTED DEVICES, ~~TERIALS AND PROCESSES If the Contract requires, or the Contractor desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, he shall provide for such use by suitable legal agreement with the patentee or Owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor and the Sure shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design device, material or process, or any trademark or trade name or copy- right in connection with the work agreed to be performed under the Contract? and shall indemnify the Owner for any costs? expenses ana damages <'i'7hich_ it may be obliged to pay, including cost" expense, and attorneyis fees incident to litigation by reason of any such infr ment at any time during the prosecution or after the completion of the work. 44. MATERIALS Unless otherwise specified all materials shall be new, arld bOt1":l workmanship and material shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials or tools used by him. The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source of any material will stand only so long as the material itself conforms to the specifications. Only materials confo to the requirements of these specifications shall be used in the work. The source of any material shall not be changed at any time without the written approval of the Engineer. The Contractor may be required at any time to furnish a complete statement of the orig~ inal f composition and manufacturer of any or all materials requir.ed in the work, or to submit samples of the same. -23' GC Materials shall be stored so as to insure the preservation of their quality and fitness of the work and such materials, even though approved before storage, shall be subject to test and must meet the requirements of these specifications at the time it is proposed to use them in the work. Materials shall be stored in a manner that will facilitate inspection. The portion of the site or right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and for the placing of the Contractor's plant and equip~ menti but any additional space required, unless otherwise stipula.~' ted, shall be provided by the Contractor at his expense. All materials, supplies, and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized reputable manufacturers. From the co~mencement of the work until the completion of the same the Contractor shall be solely responsible for the care of the work covered by this contract and for the materials delivered at the site intended to be used in work and all injury or damage to the same from whatever cause, shall be made good at his expense before the final estimate is made. He shall provide means of protection for and shall protect all materials intended to be used in the work and all work in progress as well as completed work. He shall take all necessary precautions to prevent injury or damage to the work in progress of construction by flood, freezing or from inclemenc of the weather at any and all times and only approved methods shall be used for this purpose. When tests of materials are necessary, such tests shall be made and at the expense of the Contractor unless otherwise provided" rrh:p Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the mater- ials represented by the samples until tests have been made and the materials have been found to satisfy the requirements of these spec~ ifications. The Contractor in all cases shall furnish the required samples without charge. All materials not conforming to the requirements of these specifi.. cations shall be considered as defective and all such materials whether in place or not, will be rejected and shall be removed i~uediately from the right-of-way, unless otherwise permitted. ~\jo material which has been rejectedr the defects on which have been corrected or removed, shall be used until approval has been given If the Contractor does not remove such condemned work and materials within a reasonable time fixed by written notice, the Owner may remove them and may store the materials at the expense of the Con-- tractor. If the Contractor does not pay the expense of such removal -24- GC within ten days thereafter, the Owner may, upon ten day's written notice, sell such materials at auction, or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor" The Contractor shall promptly remove from the premises all mater- ials condemned by the Engineer as failing to conform to the contract whether incorporated in the work or not and the Contractor shall promptly replace and re-execute his own \vork in accordance with the Contract Documents without expense to the Owner and shall bear the expense of making good all work of the other Contractors des~ troyed or damaged by such removal or replacement. 45. DEFECTIVE WORK All work not conforming to the requirements of these Specifications shall be considered as defective and will be rejected. The Con- tractor shall remove and renew or repair all such defective work as ordered, in writing, by the Engineer. Should the Contractor fail, or refuse to remove or renew any de- fective work performed previously, or to make any necessary re- pairs in an acceptable manner and in accordance with the require-. ments of these Specifications, within the time indicated in writ the Engineer shall have the authority to cause the unacceptable or defective work to be removed and renewed or repaired at the Con- tractor's expense. Any expense incurred by the Owner in making these removals, renewals, or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor, or may be charged against th-e "Contract Bondli deposited, and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully and in acceptable manner shall be sufficient cause for the Owner at his option, to purchase materials, tools and eguip~ ment, and employ labor or to contract with any other individual, firm or corporation to perform the work. All costs and expenses incurred thereby shall be charged against the Contractor, and the amount thereof deducted from any monies due or which may become due him under this contract, or shall be charged against the "Con~ tract BondH deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him. The Owner shall also have authority to take over and use defective work without compensation to the Contractor when the Contractor fails or refuses to rebuild such faulty work. 46. PROTECTION OF THE WORK The Contractor shall furnish, erect and maintain good and sufficient: lighted barricades at all approaches to the work and as necessary -25- GC to protect the work and the public. He shall protect all por- tions of the improvements from damage or defacement, and shall keep all traffic and extraneous loads off from the several parts of the improvement for the periods of time herein specified or as required by the Engineer. Where the work is carried on in, or adjacent to, any street, alley or public place, the Contractor shall at his own expense furnish and erect such barricades, fences, lights and danger signals and shall provide such watchmen and shall take such other precautionary measures for the protection of persons and property, and of the work, as are necessary. Excavations in or adjacent to public streets or alleys in which water stands more than one (1 ) foot shall be securely barricaded with snow fence so as to prevent ac- cess by small children at all times work is not being carried on at the site of excavation. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Con- tractor shall furnish and maintain at least two (2) flashing a~ber lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watclli~en in suf~ ficient nu..rnbers to protect the work. When a detour is necessary because a street is blocked by the work, the Engineer shall designate its route and the Contractor shall furnish and post detour signs of type and size as required by the Owner, at places designated by the Engineer. When existing sewers have to be taken up and removed, the Contrac~ tor shall at his own cost and expense provide and maintain tempor- ary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drain age which will be received from these drains and sewers; and for this purpose he shall provide and maintain, at his O\'1n expense? cl.G - equate pumping facilities and temporary outlets or diversions. T118 Contractor at his O\'In expense shall construct such troughs; pll)es 1 or other necessary structures, and be prepared at all times to dis- pose of drainage and sewage received from these temporary conne '.....' until such time as the permanent connections are built and in ser~ vice. The existing sewers and connections shall be kept in service and maintained under the contract, except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be dis-- posed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. At all shaft sites and on all open cut work, the Contractor shall provide and maintain free access to fire hydrants, water and gas valves, manholes and similar facilities. Gutters and waterways shall be kept open or other satisfactory provisions made for the removal of storm water. -26- GC The Contractor shall provide at his own cost and expense all meth- ods for adequately draining the work and shall assume full respon-'. sibility and liability for damage to any persons or property resul- ting from such damage. No separate compensation will be paid for sub-drains, or other methods of draining, but the cost thereof shall be merged with such contract pay items as are provided in the pro- posal and contract. No trees shall be cut except upon the specific authority of the Engineer. Trees adjacent to the work shall be protected from all damage by the construction operations. 47. DAViliGE TO EXISTING IMPROVEMENTS All damage done to existing improvements during the progress of this improvement shall be repaired by the Contractor under the direction of the Engineer. Such repairs shall be made according to the requirements of the standard specifications of the Village or City for various types of improvements or classes of work re- quired. The Contractor shall be entirely responsible for the protection of all improvements that are not designated by the Engineer to be removed for proper construction of the project. 48. PROTECTION AND RESTORATION OF PROPERTY v-Jhere the work passes over or through private property, the Owner will secure right-of-way or easement. The Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the Owner in obtaining right-of-way or ease ment. The Contractor shall not enter upon private property for any pur- pose without having previously obtained permission from -the Oilmer. The Contractor shall be responsible for the preservation of; and shall use every precaution to prevent damage to all trees, s11rub~ bery, plants, lawns, fences, culverts, bridge, pavements, drive- ways, sidewalks, etc 0 ; all water, sewer and gas lines; all conduits all overhead pole lines or appurtenances thereof; and all other pub-- lie or private property along or adjacent to the work. The Contractor shall notify the proper representatives of any pub-- lic utility, corporation, and company or individual, not less than forty-eight hours in advance of any work which might damage or interfere with the operation of their or his property along or adjacent to the work. The Contractor shall be responsible for all damages or injury to property of any character resulting from any act, omission, neglect or misconduct in the manner or method of executing the work, or due to his non-execution of the work, or at: any time due to defective work or materials. He shall restore, or -27- GC have restored at his own cost and expense, such property to a con dition similar or equal to that existing before such damage or in- jury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage from injury in a manner acceptable to the Owner or the Engineer. In case of failure on the part of the Contractor to restore such property or make good such damage or injury, the Engineer may, upon forty-eight hours' written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair re- build, or otherwise restore such property as may be determined nec- essary, and the cost thereof will be deducted from any monies due to the Contractor under this contract if not so deducted, the Con- tractor will be obligated to forthwith reimburse the Owner for the cost thereof. Prior to construction, the Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas main and other private utilities as well as public utilities of the Village, City, County or State which may be underground or overhead within street and highway right-or-way or within easements and which may be interfered with under this contract. Existing underground, surface, or overhead structures are not nec~ essarily shown on the plans, and those shown are only approximately correct and no responsibility is assumed by the Owner or the Engi neer for the accuracy of location. The Contractor shall make such investigations as are necessary to determine the extent to which existing structures may interfere with the work contemplated under this contract. The sizes, locations and depths of such structures as are ShO'"vlll. orl the plans and profiles are only approximately correct and the Con-' tractor shall satisfy himself as to the accuracy of the information. given. The Contractor shall not claim or be entitled to receive compensa~ tion for any damages sustained by reason of the inaccuracy or the omission of any of the information given on the drawings, relative to the surface, overhead, or underground structures or by reason of his failure to properly protect and to maintain structures. The Contractor is to exercise extreme care in crossing or working adjacent to all utilities and shall be responsible to protect and maintain their operation during the time the work is in progress, The Contractor shall restore, at his own expense, any public stru.c tures such as water mains, water connections and appurtenances, sewers, manholes, catch basins and sewer connections which are damaged or injured in any way by his acts. -28- GC The Owner shall be indemnified and saved harmless from any suit or expense claim brought for or on account of any damage, maln- tenance,removal and/or replacement, or relocation of mains, con~ duits, pipes, poles, wires, cables or other such structures or private utility firms or corporations, whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. However, in cases where the alignment, as shown on the plans, coincides with the existing location of either an overhead or underground privately owned util~ ity (installed and located in accordance with a permit issued by the Village or City) so that, in the opinion of the Engineer the relocation or said utility is required to complete the installa- tion, the Owner shall provide for such relocation. 49. PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHTS-OF-WAY For the performance of the contract, the Contractor will be per- mitted to occupy such portions or streets or alleys, or other pub- lic places, or other rights-of-way, as shown on the plans; or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space, but not more than is necessary to avoid delays in the construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed, nor inconvenience occupants or adjoin- ing property. Other Contractors or the Owner may, for all purposes, required by their contracts, enter upon the work and premises used by the Contractor; and the Contractor shall give to other contrac- tors of the Owner all reasonable facilities and assistance ror the completion of adjoining work any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. Where the work encroaches upon any right-or-way of any railway or State or County Highway, the Owner will secure the necessary ease- ment or permit for the work. Where railway tracks or such highways are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company and Highway Department as to methods of doing the work, or precautions for safety to property ex- cept the right-of-way, shall be made by the Contractor at his expense. The Contractor will not be paid direct compensation ror such rai or highway crossings, unless so provided in the special provisions and proposal. 50. WORIZ IN STORL'1S The Engineer may have the right to stop work during rain or snow storms and all freshly placed work, unless otherwise protected, shall be protected by canvas or other suitable covering in such a manner as to prevent running water from coming in contact with it Sufficient covering shall be provided and kept ready for this pur- pose. The Contractor will not be entitled to extra compensation Ior work so stopped or delayed by the Engineer. -29- GC 51. NIGHT WORK Work shall be done at night only in the case of emergency and only upon the direction of the Engineer. The Engineer has the right to order work to be carried on at night, if in his opinion, it is for the best interest of the Owner. Work performed after dark shall be adequately illuminated, and suitable and sufficient lighting facilities shall be provided for this work. No extra com- pensation will be allowed the Contractor for work under this item, 52. USE OF EXPLOSIVES If it is necessary to use explosives in the performance of the work, the Contractor shall take out permits and comply with all the laws, ordinances and regulations governing same. He shall fully protect all completed works as well as all overhead surface or underground structures and shall be liable for any damage done to the work or to other structures on public or private property and injuries sus~ tained by persons, by reason of the use of explosives in his oper- ations. Explosives shall be handled, used and fired only by ex- perienced men. All firing shall be done by electricity. All explos ive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly "DANGER- OUS - EXPLOSIVES". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 53. NOISE ELIMINATION The Contractor shall eliminate noise to as great an extent as pos- sible at all times. Air compressing plant shall be equipped with silencers and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers. 54. WATER The Contractor shall make arrangements with the proper Village or City officials and/or private parties for obtaining any water which may be needed. 55. SANITARY PROVISIONS The Contractor shall comply with all laws, rules and regulations of the State and Local Health Authorities and shall take the nec- essary precautions to avoid unsanitary conditions. Suitable sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided and maintained by the Contractor. 56. FOSSILS If any fossils or treasure or other unusual or valuable geological formations are found in the progress of excavating, such fossils, treasure or sfu~ples of geological formations shall be carefully preserved by the Contractor who shall convey such items to Engineere These items shall become the property of the Owner. -30- GC 57. ACCIDENT PREVENTION Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be ob- served. Machinery, equipment, and all hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Pre- vention in Construction, published by the Associated General Con- tractors of America, to the extent that such provisions are not in contravention of applicable laws. 58. llOR EQUAL" CLAUSE Whenever in any of the contract documents any article, appliance, device or material is designated by the name of the manufacturer or vendor or by any proprietary n~~e and such name is not followed by the words "or equal", it shall be deemed that such words nor equal" to follow such designation, unless the context clearly re- quires a contrary construction. Any article or material equaling the standards fixed may be used in place of that specifically men- tioned by the specifications, providing that the material proposed is first submitted to and accepted by the Owner or his authorized representative. 59, LABOR None but competent labor shall be employed on this work. Wherever mechanical work is required, it shall be performed by skilled labor. The foreman or other person directing the work shall be competent sober, and reliable, and shall extend every facility to the Engineer to enable him to properly discharge his duties, and shall furnish such help as may be necessary to facilitate the inspection of mater- ials. The Owner reserves the right to require the removal of any partic- ular workman or workmen on the job, if in the judgment of the En-' gineer it shall be for the best interests of the work that such particular workman or workmen be removed. Wherever possible, local workers shall be given preference over imported workers, providing that they are equally competent at the work applied for. The Contractor \vill not be allowed added compensation for any work performed on Saturdays, Sundays or Legal Holidays. 60. DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT "Every contract for or on behalf of the Owner shall be deemed to contain provisions by which the Contractor agrees... (1) That, in the hiring of common or skilled labor for the -31- GC performance of any work under any contract, or any sub- contract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color discrim- inate against the person or persons who are citizens of the United states who are qualified and available to perform the work to which such emp~oyment relates: (2) That no Contractor, material supplier, or vendor shall, In any manner, discriminate against, or intimidate, or prevent the employment of any such person or persons, or on being hired, prevent, or conspire to prevent, any such person or persons from the performance of work under any contract on account of race, creed or color: (3) Any violation of this section shall be a misdemeanor: and (4) That this contract may be cancelled or terminated by the Ow~er, and all money due, or to become due hereunder, may be forfeited for a second or any subsequent violation of the terms of conditions of this contract" (Section 181.59 Minnesota Statutes). 61. SITES TO BE KEPT CLEAN The Contractor shall clean and keep clean from waste, materials or refuse resulting from his operations, the site of work, the streets, the work and public property occupied by him. Equipment not usable on the work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Advertising signs in general will not be permitted on the work. Upon completion of the work and before acceptance and final pay~ ment shall be made, the Contractor shall remove from the street and adjacent property, all surplus and discarded materials, equlp~ ment, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, which has been dam- aged during the prosecution of the work; and shall leave the site in a neat and presentable condition. 62. MEASUREMENTS Before ordering any material or doing any work, each Contractor shall verify all measurements and shall be responsbile for the same" No extra charge or compensation will be allowed on account of dif~ ference between actual dimensions and measurements indicated on the drawings; any difference which may be found shall be submitted to the Engineer for consideration before proceeding with the work. u. S. Standard Measures will be used in the measurement of all work acceptably completed and such measurements will be used as a basis for the computation of the quantities of work performed. Linear -32- GC measurements will be taken horizontally on all work except struc~ tures which will be measured according to the neat lines shown on the plans or as ordered. Where work is to be paid for by units of length, area, volume or weight, only the net amount of work actually done, as it shall appear in the finished work and measured as here- inafter specified shall be paid for, local customs to the contrary notwithstanding. for the estimating of quantities in which the com- putation of areas by geometric methods would be comparatively lab- orious, it is stipulated and agreed that the planimeter shall be considered an instrument of precision adapted to the measurement of such areas. 63. GUARANTEE The Contractor shall be held responsible for any and all defects in workmanship, materials and equipment which may be developed in any part of the entire installation furnished by him, and upon writ- ten notice by the Engineer shall immediately replace and make good without expense to the Owner any such faulty part or parts and dam- age done by reason of same, during the period of one (1) year from the date of final approval and acceptance of the installation by the Owner. Should the Contractor fail to make good the defective parts within a period of thirty (30) days of such notifications, after written notice has been given him, the Owner may replace these parts, charg~ ing the expense of same to the Contractor. -33- GC SPECIAL PROVISIO'NS CITY O'F NEW HO'PE, IUNHESO'TA SEWER HIPRO'VmmNT NO'. 322 INDEX Item l. General 2. O\,vner 3. Starting and Completion Dates 4 . Liquidated Damages 50 Payment for Extras 6. Existing Underground Utilities 7. Detours - Traffic Control 8 . Special Construction F.equirements 9. Affidavit of Non-Collusion 10. Requirements for Final Payment ll. Proposal Schedule 12. Lift Station Salvage 13. Special Conditions for Sewage Pumps 14. Valves 15. Pump Power and Control 16. Electrical li70rk 17. Lift Station Alarm and Alarm Telemetry System 18. Lift Station Bypass 19. Lift Station Landscaping ~ Restoration '" 20. Force r1ain 2l. Force Main Restoration 22. Tree Protection and F.emoval 23. Force Main Jacking or Augering Under Trees 24. Lump Sum Bid Item B - Easement Crossing 25. Compaction of Backfill 26. Drop Hammer Compaction 27. Force Main Gate Valves & Gate Valve Boxes 28. Testing of Force Main 29. F.eaction Blocks 30. Disposal Area 3l. Winnetka Avenue Crossing 025-2702 SP-Index SPECIAL PROVISIONS CITY OF NEW HOPE, HINNESOTA SEWER I:tWROVEHENT NO. 322 l. GENERAL The General Conditions and the various Special Conditions as eniliodied in these Contract Documents shall be applied to all work and material furnished under these Special Provisions, except as hereinafter modified. 2. mmER City of New Hope, 4001 Xylon Avenue North, Minneapolis, Hinnesota 55428. 3 . STARTING AND COMPLETION DATES The Contractor shall commence work within ten (10) calendar days after signing of the contract. The lift station shall be operational by April 1, 1977. The force main and all restoration shall be complete by July 1, 1977. 4 0 LIQUIDATED DillvlliGES Should the Contractor fail to complete all work on or before the date hereinbefore set for completion, a sum of $50.00 (Fifty Dollars) per calendar day, including Sundays and holi- days, shall be deducted from any monies due, not as a penalty, but as liquidated damages; all in accordance with Article No. 27 of the General Conditions of these Contract DocuE1ents. 5. PAYI-1EN'1.' FOR EXTRi\S All requests on extras for additional work performed shall be presented to the Engineer for consideration during the month that the additional work is performed. Requests submitted for extras after the month in which the work is performed will not be considered and no additional payment will be allowed. 6. EXISTING UNDERGROUND UTILITIES Every effort has been made to position and dimension all exist- ing underground utilities. This information was obtained from the respective utility companies. Em-lever, the city of New Hope does not guarantee the location as shown on the plans and it is the Contractor's responsibility to ascertain the final location of these utilities and to notify the utility companies >,vhen construction cornmences in each area. 025-2702 SP-l 7. DETOURS - TRAFFIC CONTROL The Contractor shall furnish sufficient signs to facilitate the directing of traffic. These signs shall conform to the signs illustrated on the detail sheets of the specifications. These signs shall be placed as directed by the Engineer. All detour signs shall be reflectorized and shall be illuminated with one six (6 ) inch, battery powered, blinkers with amber lenses. }I. 1 I barricades shall have two such blinker lights, one on each end. 8. SPECIAL CONSTRUCTION REQUIREMENTS IL Protection of Undisturbed Pavement The Contractor shall provide and use only rubber-tired dozers, front-end loaders and other necessary equipment other than the excavating machine on all work where street pavements or por- tions of pavements are undisturbed and shall be protected or in locations as the Engineer may direct. B. Crossing Utilities The Contractor's attention is invited to the requirements of the General Conditions concerning protection of utilities. Special care shall be taken in the crossing of underground gas, electric and telephone main conduits by water mains and appurtenances. The Contractor shall cooperate with the private utility company concerned in protecting and supporting conduits for uninter- rupted service. The utility company shall be notified ihrruedi- ately of any damage to conduits. The Contractor shall also exercise extreme care in backfilling and compacting the trench under utility conduits which cross the sewer or water trench perpendicularly. Backfill immedi- ately under the utility conduit shall be placed in lifts not to exceed t'\vO (2 ) feet in depth and thoroughly compacted with an approved vibratory compactor. 9. AFFIDAVIT OF NON-COLLUSION Each bidder shall subMit with his proposal, an affidavit of non-collusion, signed by one of the officers of the firm and notarized. The affidavit to be used is bound into these Con- tract Documents. 10. REQUIREMENTS FOR FINAL PAYMENT Final payment will not be made until the Contractor shall have filed with the city evidence, in the form of an affidavit or such other evidence as may be required, that all claims against hin by reason of the contract have been fully paid or satisfac- torily secured. In case such evidence . .l.. furnished, the lS no L 025-2702 SP-2 city may retain out of any amount due said Contractor sums sufficient to cover all lienable claims unpaid. Before final payment is made for the work on this project, the Contractor must make a satisfactory showing that he has com- plied with the Provisions of Minnesota Statutes Annotated 290.92 requiring the withholding of State Income Tax for wages paid employees on this project. Receipt by the City Engineer of a Certificate of Compliance from the Comn1issioner of ~axation will satisfy this requirement. The Contractor is advised that before such certificate can be issued, he must first place on file with the Commissioner of Taxation an affidavit that he has complied with the Provisions of ~LS.A. 290.92. ll. PROPOSAL SCHEDULE For the purposes of bidding this project, the work shall be divided into two (2 ) schedules. These schedules are as follows: Schedule A. Lift Station #3 Modification This bid shall be for the furnishing of all labor and materials for the salvaging of the old station and installation of the neVI pumps, force main controls, control panel and project resto- ration necessitated by this construction. This bid shall be a lump sum bid. Schedule B. Force Main and Appurtenances The work to be performed under this schedule shall be for the installation of the 8" force main and appurtenances. This work shall be paid at the contract unit prices for items used. 12. LIFT S'l'ATION SALVAGE All materials removed from Lift Station #3, shall be salvaged and delivered to the city at their Public \'70rJ:s Building on 42nd Avenue. This shall be done at no additional compensation, 13. SPECIAL CONDI'I'IOHS FOR SENAGE PUMPS This Contractor shall furnish and install tuo (2 ) submersible sewage pumps in Lift Station #3 as shm'Jn on the drawings and/or as specified herein. The pumps shall be of removable design without physical entrance into the wet well with guide rails being located in the lower 10 feet diameter section. The pump shall handle 560 gpm of sewage at a total pumping head of 68 feet. The motor shall be 230 volt, 3 phase and not less than 18 horsepovler, and not more than 1800 RP 1'1 . The pump shall operate over a range of 40 feet of head to 85 feet of head without excessive vibration. Pumps shall be complete with base, slide rails, pOVler cable, etc. all as necessary for operation, and shall be capable of passing 3" solids and have double seals. 025-2702 SP-3 The base bid for the lump sum bid in Schedule A shall be for Flygt Pumps. However, an add or deduct shall be allowed for Midland, Hydramatic, or Peabody Barnes units. 14. VALVES All valves, check and gate, shall be Clow list 14 or approved equal. Check valves shall be flanged with outside weight and lever. 15. PUI1P POVIER AND CONTROL A. Level Regulators Furnish and install five (5) mercury float switches per lift station. They shall be Flygt #ENH-IO. The float positions shall be determined in the field by the engineer, however, the high level alarm float shall be located between the lead pump on float and the lag pump on float. B. Submersible Cables Pump motors and level controls shall be furnished with indi- vidual flexible, heavy duty multiple conductor cables of ade- quate size and insulation as required for the installation. Cable shall be of sufficient length to reach the pump control terminals panel without splices. C. Controls Ftirnish and install an Edison control or approved equal power and control center which shall contain provisions for the in- coming service, pump control, teleDetry module and alarm functions as herein specified and indicated on the drawings. The control system shall be compatable with the pump equipment and the use thereof shall not jeopardize the pump equipment warranty. The pOvler and control center enclosure shall be con- structed of 12 gauge steel to NEMA3R design requirements with doors located as indicated. The outer doors shall be side hinged with a continuous hinge completely gasketed, and secured with a three point heavy duty vault type lock with an "L" type handle with provision for padlocking. The enclosure shall be designed for concrete pad mounting and shall contain access for incoming conduits and shall be painted with a 5 step zinc phosphatizing preparation and a forest green baked enar,1el finish All exterior hardvlare shall be tamperproof. The center shall contain two (2) compartments with exterior doors. Compart- ments A and B shall have a continuous hinged inner door dead front door with captive screw fasteners. All operating func- tions shall be operable from the exterior side of such door. A factory trained serviceman shall provide startup services as herein specified. The power and control center shall contain the following devices and functions: 025... ';7 02 SP-4 1. Compartment A shall contain the following: a. Circuit breakers for each pump. b. A magnetic across the line starter for each pump with overload heaters sized per the pump manufacturers requirements. The overload heaters shall be resetable from the exterior side of the inner dead front door. c. One hand-off-auto switch for each pump. d.Three (3) circuit breakers for each of the three auxiliary loads; (1) duplex receptacle, (2) pump control and telemetry module, (3) condensation protection heaters. e. One G.E. #TGTRl15F duplex receptacle with ground fault protection. f. General Electric lightning arrestors at the main service disconnect switch mounted on the utility pole. g. One 100 amp, 3 wire, 4 pole emergency power receptacle with angle adapter and springloaded door, Crouse Hinds Cat. #ARI042 with AJA-6 angle adapter. h. A fuses neon pilot light shall be connected ahead of the main service disconnect switch to indicate when normal power is available. 2. Compartment B shall contain the following: a. Liquid level controller designed to operate at intrin- sically safe power levels at the float switch in order to be suitable for a Class 1, Division 1 hazardous area. The controller shall operate with five (5) mercury float switches which provide the following points: low level alarm, lag pump on, pumps off, lead pump on and high level alarm. ~~ alternator shall alter- nate the lead-lag positions for each complete pumping cycle (all pumps off, any pump(s) on - all pumps off). The pumps off shall provide a low level shut off for all pumps. The high level and low level alarms shall consist of an exterior bell, and exterior light and a set of NO/NC contacts for remote annunciation. A reset button shall silence the bell, extinguish the light and return the alarm control to normal operation. An external weatherproof pushbutton shall silence the bell only. The low level alarm shall also signal all pumps to shut off. 025-2702 SP-5 b. Mounting space for the alarm telemetering module coordinate with the alarm telemetry supplier. See Special Conditions Telemetry for installation. c. Mounting space for terminating telephone cable. 3. Provide one limit switch at each of the two (2) exterior doors to serve as an intrusion alarm. The two switches shall be wired with NO contacts in parallel to a terminal block near the telemetry module. 4. Terminals shall be provided for connection of all wires entering or leaving the enclosures and all such terminals shall be designated by a number or other approved identi ing means. 5. Condensation protection heaters with overcurrent protection and thermostats shall be provided for each of two compartments 6. All exterior walls of the enclosure roof and all exterior doors shall be insulated with 1/2" of styrofoam insulation, 16. ELECTRICAL WORK A. Scope This section of the specifications shall be construed to cover a complete conduit and wiring system for the electric power; light and control systems. It shall also include all necessary wiring and electrical connections to all equipment shown on drawings; whether furnished under this or another section of these specifications or as furnished by Owner. The existing electrical equipment and electrical service shall be removed and turned over to the Owner and all conduit openings sealed. The Contractor shall include in his bid all necessary materials and labor to complete the work as shown on the drawings and as hereinafter specified. B. Permits and Ordinances All permits necessary for the complete Electrical Installation shall be paid for by this Contractor. c. Conduit Work - All Wiring, Etc. All wiring shall be encased in rigid steel conduit. All conduit shall be Buckeye, Sheraduct; General Electric, or equal and approved, and shall be galvanized. Conduit and wiring shall be installed in strict accordance with the rules and regulations of the National Board of Fire Underwriters and all State and local rules, regulations and ordinances that apply. 025-2702 SP-6 Hhere conduit is run exposed, it shall be run in mechanical and workmanlike manner, and shall be rigidly supported by means of pipe hangers or straps. All conduit shall be reamed, cleaned and rendered waterproof before wire is pulled. All conduits shall terminate in boxes or cabinets with locknut and bushing drawn up as tightly as possible. Explosion proof seals shall be installed in all conduit runs between the pump control cabinet and wet well. Seals shall be Appleton type EYSF. Cord connectors shall be Appleton type OK with grommet size relative to the cable. Explosion proof flexible connectors shall be Appleton type EXLK. Unions shall be Appleton type UNY. All conduits installed underground shall be a minimum of 3611 below grade and all outside surfaces of the conduit shall be coated with Bitumastic No. 59. D. h7ire All wire, unless otherwise noted, shall be soft drawn annealed copper, having a conductivity of not less than 98% of that of pure copper, and shall be insulated for 600 volt service, as required by the National Electric Code. All wire to be Rome f General Cable or National or equal and approved Type THW or THWN insulation. E. Electric Service The lift station service equipment shall be installed as shown on the riser diagram. The service conductors shall be extended underground in conduit from the power and control enclosure to the terminal pole, extended up the pole to the main service fused 200 Amp 3 pole disconnect switch and to the utility meter and then up approximately 25 feet and terminated in a weather- proof service head. Underground conduit shall be installed in a trench at least 30" deep. Conduit shall be thoroughly coated \1i th Bi tumastic #50. This Contractor is responsible for all notifications to and coordination with the utility company, and shall provide all labor and material not furnished by the utility company. All costs associated with the electrical service installations which includes excess facility charges, excess service charges; underground cable charges, etc. will be paid directly by the Owner. Submission of a bid by this Contractor shall be construed as evidence that this Contractor has contacted the electrical uti- lity company and obtained in writing any and all costs associated with the electrical services and so included these costs in the contract amount. 025-2702 SP-7 F. Field Wiring for Submersible Lift Station Install control panel and make all connections to pump motors and level controls in wet well as shown on drawings and as required. G. \^i'et ~V'ell All wiring in wet well shall be in accordance with code for Class I, Division I hazardous locations. H. Lamps Furnish and install lamps for alarm lights. Lamps shall be maxi- mum size recommended by equipment manufacturer. 17. LIFT STATION ALARH AND ALARI'1 TELENE'IRY SYSTEl''l A. General The Contractor shall furnish and install a complete lift station alarm and alarm telemetry system as hereinafter described. The complete system shall be furnished by one manufacturer who has an approved experience in furnishing similar equipment. The manu- facturer of the control system shall provide five complete sets of wiring diagrams, hydraulic layouts, dimensionsl prints, bills of material and operation summaries for submittal to the Engi- neer for approval prior to manufacture of the control system. Five complete instruction manuals containing the above information shall be provided to the customer at the time the control system is shipped. 'The control manufacturer shall warrant the control system to be free from any defective material and workmanship for a period of one year from the date of installation. The manufacturer shall replace any defective materials or units during this period at no cost to the customer. The control system shall be completely tested and inspected at the factory prior to shipment. The services of a factory trained engineer shall be provided by the control manufacturer to inspect the installation, super- vise the control system start up and train the opera~lng person- nel in the operation and proper maintenance of the system. B. System Description The system shall consist of a remote transmitter panel to be located at the sewage lift station, lift station intrusion alarm relay, lift station wet well float switches and complete instal- lation as herein specified and required. 'l'he following separate alarms shall be transmitted from the lift station back to the existing master monitoring panels and displayed individually with separate alarm lights. 025-2702 SP-8 High Level Alarm Vandalism Alarm Power and Data Fail Alarm The set of alarms shall be transmitted over a single pair DC leased phone line to the existing master panel. The existing master panel located at the police station shall receive the separate alarm signals from the remote lift station. Each alarm signal shall be indicated by a separate alarm light and audible alarm. When an alarm signal is received the respec- tive alarm light shall come on flashing. The audible alarm for the high level alarm shall be a continuous ringing bell. The audible alarm for the vandalism alarm shall be an intermittent bell which shall sound for 5 seconds off for 10 minutes, sound for 10 seconds off for 5 minutes and then sound continuously. An acknowledge button when pressed will silence the alarm bell and cause the light to come on steady until the alarm condition is corrected. The remote transmitter shall be an all solid state DC transmitter capable of transmitting 3 individual on-off points over one single pair DC line. Provide one (1) gas tube type telephone line lightning protection unit and one control circuit breaker. Pro- vide necessary power supplies, power fail relays, etc. to pro- vide the above described functions. Install the transmitter in the power and control center. Obtain power from the indicated circuit breaker. Make connections to the high level alarm and the intrusion alarm. Any and all cost for the telephone services will be paid for directly by the Owner. This Contractor is responsible for all notifications to and coordination ".vi th the telephone company. Re fer to Section 16 Electrical Work for additional requirements. 18. LIFT STATION BYPASS While renovating the lift station, the contractor shall pro- vide sufficient temporary pumping to bypass the lift station. The city sanitary sewer manhole adjacent to the station may be used as a temporary wet well. All cost associated with this bypass shall be included in the lift station lump sum bid. 19. LIFT S'I'ATION LANDSCAPING The contractor shall include ~500.00 in his bid for the lift station to cover the cost of landscaping. This money shall be utilized for shrubs, trees, etc. as directed by the owner. The replacement of sod necessitated by the lift station con- struction will be considered incidental to the construction of the station. Any concrete curb or bituminous pavement disturbed by the lift station construction shall also be restored at no additional compensation. 025-2702 Sp-g 20. FORCE .t.1i"\IN All force mains shall be ductile iron class 52. 2l. FORCE HAIN RESTORATION The contractor is to protect, or remove and replace to original conditions, all gravel driveways, sidevlalks, concrete curb and gutter, steps, retaining walls, mailboxes, culverts, signs, fences, guard posts, and shrubs disturbed during construction at no additional compensation. All trees located 5 feet or greater from center line of proposed water main, shall be pro- tected at no additional compensation. A. 'I:urf Establishment All sodding shall be done in accordance to MHD specification 2575 except as modified herein. Sod shall conform to M.H.D. Specification 3878. Sod shall be high quality, cultured, free from weeds, and in a good healthy condition. Unsuitable sod shall be replaced at no additional compensation. Sod shall be rolled with 24 hours after its placement with a roller that leaves sod smooth and the joints properly closed. The new sod shall be trimmed to neatly match old sod, curbs, and vlalks. lUl sod or seed placed by the Contractor shall be subject to the maintenance period described in Section H, I\1HD 2575.3 or until sod is properly rooted and self-sustaining. Topsoil shall conform to MHD 3877. Topsoil shall be replaced to a thickness equal to that removed up to a maximum of one foot. No sod shall be placed on less than 4" topsoil. Topsoil will be supplied by the contractor at no additional compensation B. Bituminous Hestoration I. Bituminous Driveways & Quebec Avenue All bituminous driveways and Quebec Avenue disturbed by the force main construction shall be restored as follo,tTs. The trench shall be backfilled and compacted as specified in the Special Conditions to within 10" of the existing surface. The adjoining bituminous mat edge shall be neatly cut in a straight line. An 8" thick gravel base using Class V Gravel shall be placed and the 2" thick bituminous pavement replaced, all in accordance with Minnesota Department of Highways Stan- dard Specifications for Highway Construction 234l. Payment shall be at the contract unit price per square yard of finished driveway and city street. This shall be compensation in full for preparing the replacement area and placing the Class Ii and 2341 Bituminous pavement. 025-2702 SP-IO II. Winnetka Avenue The bituminous pavement on Winnetka Avenue disturbed by the force main construction shall be restored as follows. The trench shall be backfilled and compacted as specified in the Special Conditions to within 13" of the existing surface, The adjoining bituminous mat edge shall be neatly cut in a straight line. A 6" thick gravel base using Class V Gravel shall be placed, and compacted. A 4" thick Bituminous Base Course (M.H.D. Specification 2331) shall then be placed. A final lift of 311 of bituminous wear course (M.H.D Specification 2341) shall then be placed. Payment shall be at the contract unit price per square yard of finished Winnetka Avenue pavement. This shall be compensation infull for preparing the replacement area and placing the Class V, 2331 Bituminous Base and the 2341 Bituminous Pavement. 22. 'l':REE PROTECTION AND REMOVAL The removal and disposal of any tree necessitated by this pro- ject shall be at no additional compensation. Trees may not be removed without Engineer's authorization. All trees located five (5) feet or greater from the center line of the proposed force main shall be protected at no additional compensation. The following procedure shall be adhered to \vhen constructing the force main near trees: 1. Cut roots cleanly. 2. Paint cut root ends with asphalt base paint. 3. Backfill trench as soon as possible - don1t leave the roots exposed to air. 4. Cleanup around trees immediately after construction. 23. FOI~CE MAIN JACKING OR AUGERING UNDER TREES Jacking or augering force main where shown on the plans or as directed by the Engineer shall be installed using casing pipe or augered hole, at the unit price bid per lineal foot. An augered hole will not be allowed to be larger than 12 inches in diameter. The unit price bid shall include all extra costs of the jack- ing or augering and shall include such extras as special strength pipe, special pipe joints, casing pipe, sheeting pits, jacking or augering and compaction or any other special construction required or used. The bid shall not include the cos-t of the utility shmvn on the plan or listed on the pro- posal form, such payment to be made at the contract unit ces. 025-2702 SP-ll 24. LUMP SUM BID ITEM B, EASEMENT CROSSING Lump Sum Bid Item B, easement crossing shall include all extra costs for the crossing as indicated on the plans. Said lump sum shall include such extra work and materials as casing p sheeting, pit construction, augering or jacking, compaction, and other special construction as required for the crossing complete in place. However, the lump sum bid shall not include the cost of the force main ~ the plans. 25. COMPACTION OF BACKFILL The Utility Contractor will be expected to maintain a high degree of compaction on force main trench backfill. The utility con- tractor shall be held responsible for any trench settlement and subsequent repair. Moisture shall be added as necessary to keep the backfill rea- sonably near to optimum moisture values for good compaction. The Contractor may use a towed type vibratory compaction roller above the utilities to achieve the necessary degree of compaction of the trenches. The vibratory roller should have a minimw""1l weight of 3100 pounds, roller width of 55 inches, roller diameter of 29 inches and impact of 5 tons. The first lift shall be three feet above the force main with subsequent lifts to be at one foot intervals. It is expected that at least three complete passes will be necessary at .the above depths to achieve the necessary degree of compaction. This procedure may be modified at the discretion of the neer The objective of the compaction method is to achieve a miniruum compaction of 95% density as per the Hodified Proctor averaged over the first lift and 95% maximum density shall be achieved to restore disturbed foundation soil of existing util ties. soil tests may be taken by the Engineer to determine when these compaction levels have been obtained. If portions fail the compaction test, recompaction will be required. All soil testing shall be at the contractor's expense. 26. DROP HAlVil1ER COMPACTION The "Drop Hammer" type of compactor shall be used for compact- ing all utility trenches located in roadways, if directed the Engineer. Compactors shall conform with the following requirement.s Compaction Face - 1 sq. ft. min. Weight/sq. ft. - 1,000 Ibs. min. Drop Heights - 5 ft. mln. Each unit square feet of trench area shall be compacted with a minimum of five (5) blmvs of the harnmer dropped a minimum vert::.ica1 025-2702 SP-12 distance of five (5 ) feet. Utilities damaged by this compaction procedure shall be replaced at no additional compensation to the contractor. Payment will be made on a per lineal foot basis of trench com- pacted by this method when ordered by the Engineer. 27. FORCE ~ffiIN GATE VALVES AND GATE VALVE BOXES Gate valves on 10 inch diameter force main and smaller shall be installed on the line in a vertical position and provided vIi dl boxes. Gate valves shall be IOVla, Hueller, or approved equal. The gate valves shall be iron body, bronze mounted non-rising stem with "0" ring seals designed for a minimum of 150 p.s.i, working pressure with mechanical joints and shall conform to A.vLW.A. Specification C500, latest revision. The valve shall be constructed with parallel seats and loose discs. '1'he mecha- nism shall be such that in closing the travel of the discs s11all cease before they begin to seat, and that discs are fully re- leased from their seats before the travel COlTllUenCes in opening, The seats, disc rings, and spindles of valves shall be sol bronze or bronze faced. All valves shall have openings through the body of the same circular area as that of the pipe to cll they are attached. Valves shall be provided with a 2 inch square operating nut and shall open in a counter-clocb'lise direction. Valve boxes shall be cast iron of the three piece type suitable for a depth of 7 1/2 feet of cover over the top of the pipe or to a depth as shown on the plans. Shafts shall be 5 1/4" diameter, bases may be round or oval and length adjustment shall be SCre\<l type. Pipe Size Depth to Top of Pipe Box Base 4 in. 7.5 ft. "G" No. 6 8 in. 7 . 5 ft. "GH No, 6 28. TESTING OF FORCE ~lliIN After the pipe has been laid including fittings and valves; and the line has been backfilled in accordance with these speci- fications, all newly laid pipe, or any valved section thereof; unless othel,tlise directed by the Engineer, shall be subjected to hydrostatic pressure of 100 pounds per square inch. The duration of each such test shall be at least two hours. Viia ter added to maintain the pressure shall not exceed .25 gallons per 100 lineal feet of pipe being tested during the two hour test. 025-2702 SP-13 29. REACTION BLOCKS Reaction blocks shall be installed on all bends, tee, etc. r as detailed on the detail plate in the specifications. The cost of all reaction blocks shall be considered incidental to the . .J.. proJecL.. 30. DISPOSAL AREA The contractor will be responsible for finding a project dis- posal area. This will be done at no additional compensation. 3l. ~lINNETKA AVEHUE CROSSING Winnetka Avenue may be open cut. However, only one-half the street may be open at one time as traffic flow must be main- tained at all times. At the end of the days construction, the trench shall be closed to allow full access. 025-2702 SP-14 SPECIAL CONDITIONS SANITARY & STOfu~ SEWER 1, GENE HAL The General Conditions and the Special Provisions as embodied in these Contract DocQments shall be applied to all work and material to be furnished under these Special Conditions. 2. SCOPE OF WORK The work to be done under this Contract shall include the furnishing of all materials, labor, tools and equipment to construct complete in place a sanitary sewer, and/or storm sewer and all appurtenances as shown on the drawings and as specified herein. Included under this Contract, the Con- tractor shall do the excavating of all kinds of materials encountered, furnish or compact foundations where requlreo, furnish and install all timbering, sheeting and bracing necessary or proper to safely support all work, remove all water, protect, repair, relocate, maintain and restore all sub-surface, surface and overhead structures directly or indirectly disturbed, injured or affected by his operations, furnish all other appurtenant items and services necessary or specified, In the follovling specifications, reference is made to "1'1oH. D. Specifications" which shall mean the "Standard Speci- fications for Highway Constructionll of the Department of Highways of the State of Minnesota, dated January 1, 1972 and subsequent amendments. 3. METHOD OF PHOCEDUP~ The Contractor shall perform his work in such a manner as tb cause the least interference and delay to such other work as may be in progress at the time by other Contrac- tors. The Contractor shall notify the Engineer in writing of his intentions to commence """ork at least five (5) days prior to his moving onto the site. Prior to the start of any work, the Contractor shall submit in writing to the Engineer for approval, a schedule of procedure and after once approved, he shall not deviate from it without written permission from the Engineer. 4, UTILITIES Every effort has been made to position and dimension all existing underground utilities. This information was ob- tained from the respective utility companies. However, the Owner does not guarantee the locations as shown on the Plans -1- sc-SS and it lS the Contractor1s responsibility to ascertain t112 final location of these utilities and to notify the utili companies when construction commences in each area", The Con- tractor must protect all existing utilities and improvements, public or private, located on the right-of-wa:'l ; during the entire period of his work. Special care must be taken in. backfilling and compacting under and around such improvements v\ihenever; during excavation for the utilities, a house service liner >,v hi ch is part of the gas system, lS encountered the cost of cutting said service, providing temporary service and recan ,-,- necting house service shall be borne by the O'im e r . l\.ll other costs shall be borne by the Contractor. The Contractor shall cooperate with the gas company on this phase of the work. If any expense is incurred by the gas company in connection >,'7i th such cutting and replacement of eTas service lines which lS chargeable to the Owner, the cost or same shall be paid by the Owner. Nothing herein shall be con- strued as an obligation of the Owner to assmne any obligation of the Contractor to the gas company; nor as an agreemen. t to indenmi fy either the Contractor or said gas company. It shall be the Contractor!s responsibili to noti the gas company sufficiently in advance of his proposed construe on. The Owner shall not be responsible for any delay which t11e Contractor may encounter due to the failure on the P23.rt of t11s gas company to promptly do the necessary work. The contractor shall he held liable for ctamage to gas ffia.i11s and house services because of carelessness or negligence 011 ll.is part. ldhenever gas mains or services are crossed, the backfill Ullcler these lines shall be well compacted to prevent any future dis- placement due to " . construction. Mechanical tamping 1:.11lS or other suitable methods of compaction shall be used, T11e Con-' tractor shall cooperate with the gas company and shall follov7 their requirements for backfilling. ~ l'lATERIALS -' ,~ The materials used in this 1dork shall be all new, and conform 'co the requirements for class; kind, size and material as speci fied belmv. The Contractor shall submit in writing a list of materials showing the manufacturer and designation of all materials, and this list must be approved bv the ineer A. SAN ITARY Sm.yER (1 ) Vitrified Clay Se\~ler l? ipe p.ll vitrified clay sewer pipe shall be e}~.tra st. Vitrified clay sewer pipe shall conform to the reau.ire- ..., SC-SS -L,- ments of the Standard Specifications for Extra~ S Clay Pipei ASTM Designation C200i latest edition, ( 2 ) Reinforced Concrete Pipe Reinforced concrete pipe shall conform to the require- ments of the Standard Specification for Reinforced Concrete Sewer Pipe, ASTM Designation C76 for Class T III, IV, Vi 40000 and 50000. Pipe required for pi lirlg" shall be reinforced concrete pipe furnished in (p " \ ,,,) I foot lengths and shall be of special design in accord- ance with Section 10, AoS"Tof/1Q Designation C76i or C655, latest revision. ]1,11 concrete pipe shall be a minimum of six (6 ) feet in length unless the gives permission to use shorter lengths. ]1"11 p shall be clearly marked to show its proper posi when laid. Pipe strength classifications may on be used with the cover and depth brackets listed on the proposal form and shown on the plans. Reinforced concrete pipe shall be used for all se"\/\ier pipe sizes twelve (12) inches in diameter or larger, The Contractor will be permitted to use concrete pipe which conforms with the AWWA C302, Rubber and Steel Jo (3 ) Polyvinyl Chloride Sewer Pipe with Solvent Cement Joints a, TYEe of Pipe The pipe shall be of the type known as Polyv 1 Chloride Sewer Pipe with solvent cemented JO .\.- " b, Dimensions The dimensions of the pipe shall be in accordance ',vi th Table 1. Nominal laying leng-ths sllall be 12 :) feeti but shorter or longer laying lengths 8112'.11 be provided if required. The wall thickness shall be not less tha.n that specified in Table I i except that isolated arcs spanning no more than 150 of the perimeter may be not less than 95% of the specified minimum, Th.2 average outside diameter shall not vary r- . ~ , r: rom "'C.L121:. specified by more than plus or minus 0,013" for 4 plpe, 0,016" for 6" pipe and 0.018" for 8" th 12" pipe, -3- SC-SS TABLE I Nominal Minimum Nominal Inside Outside vIall Joint \iJeight Size Diameter Di arneter Thickness Depth Lbs, per, Ftc 4lf 3,9511 4,21511 0,125" 2~1I 1.1 c: II 5,91" 6.27511 0,170" 311 2.2 0 8H 7.98" 8.40011 0,20011 4" 3,5 aH 8,97" 9,440" 0,220" Llk li 4,4 ..I - 2 lOll 9,99" 10,50011 0,240" 5" 5,3 c. Material The pipe shall be produced by a continuous extrusion process, employing a prime grade of white unplast- icized polyvinyl chloriee. The grade used shall be highly resistant to hydrogen sulfide, sulfuric acid, gasoline, oil, detergents and other chemicals cornrnonly found in sewage and industrial wastes The material shall conform to the requirements for Type I, Grade I of the "Tentative Specifica- tions for Rigid Polyvinyl Chloride Compound; 11 ASTM Designation D-1784. The pipe shall have a self-extinguishing flawmability characteristic d, Resistance to External Load The pipe shall be capable of carrying a trench load equal to at least 40 feet of cover when installed in accordance with this specification, eo Deflection Properties The pipe shall withstand a parallel plate i-P ,:; which produces a vertical deflection of at li3ast 60% without formation of cracks. r !) Joints Eacll fill length of pipe shall be provided with bell designed so that a 'tlat ght joint v'Jill be obtained when solvent cement is applied to the mating bell and spigot surfaces and the pipe -L:= jointed in accordance with the manufacturer's instructions, (4 ) Cast Iron Pipe Cast iron pipe shall be designed for a rnininrum pressure of 150 pounds per square inch. i\iall thickness class shall conform with the requirements of A:: Specifications HIt latest revision, based on a -4- Sc--ss of cover as specified herein or as shown on the plans and for the laying conditions encountered, specified herein, or as designated by the Engineer, All cast iron pipe shall conform to the requirements of A,W,W.A, Specifications CI06, CI08, and Cl12, latest revisions, Pipe shall be cement lined. (5 ) Ductile Iron Pipe Ductile iron pipe shall be designed for a minimum working pressure of 150 pounds per square inch, Ductile iron pipe shall conform to the requirements of _~o~tlo1J\jGAr; Specification C151, latest revision, Ductile iron sewer pipe installed on piling under this contract shall have the following minimum wall thicj(n.es s when the depth of cover over the pipe is 12 feet or less: Diameter D,I,P. Minimum Wall Thickness 6 in, Class 6 8 in, Class 6 10 in. Class 5 12 in, Class 4 When the depth of cover over the pipe exceeds 12 Iee1:; the class wall thickness shall be increased as approveci by the Engineer, ( 6 ) Pii?e Fittings a. Vitrified Clay Pipe p" , . _lL:l:lni3s All clay pipe fittingsj wyesj tees, bends c3.nd plugs shall be of the same pipe classification and joint material as the pipe to which they are attached or connected, The spur diameter of all wyes ar.l.o. tees shall be six ( 6) inchesj unless otherwise noted on the Plans or directed by the Engineer. -5- SC -SS b, Reinforced Concrete Pipe Fittings All concrete pipe fittings, wyes, tees and bends shall be cast as an integral part of the pipe to which they are attached and shall be of the same pipe classification. If connections are fabricated in the field, a saddle must be used and the conn- ection approved by the Engineer. c. Ductile Iron and Cast Iron Fittings Fittings for ductile and cast iron pipe shall be cast lron, shall be Class 250 for sizes up to and including twelve (12) inches and Class 150 for sizes fourteen (14) inches and larger. Fit- tings shall conform to the requirements of ASA Specification A21.10. All pipe and fittings shall be cement lined in- side and tar coated outside. d. Polyvinvl Chloride Fittinos FItting;, such as saddle ~utlets, elbows, tees, wyes and others shall be of material, construction and joint design corresponding to the adjacent plpe. Adapters shall be provided for transitions to other types of pipe. (7) Jointing Materials a. Clay Pipe All clay pipe used shall have flexible joints con- forming to ASTM Designation C425, except as herein- after noted and must be approved by the Engineer, The joint furnished must be satisfactory for any radius curve shown on the Plans. b. Reinforced Concrete Pipe Reinforced concrete pipe joints shall be the Bureau of Reclaromation R-4 confined O--Ring gasket joint, Gaskets for rubber and steel joints shall be in conformance with A~*ffi C302 Section 3.4, c, Polyvinyl Chloride Pipe The solvent cement shall consist of a viscous, brushable solution of polyvinyl chloride in suit- able active solvents. The cement shall be pur- chased from the pipe manufacturer and used in accordance th the manufacturer1s instructions. It shall produce a joint of sufficient strength -6- Sc-ss to permit normal installation handling within 5 minutes after jointing. d. Cast Iron and Ductile Iron Pipe Cast iron and ductile iron pipe shall have push on joints and plain rubber gaskets in conformance with AlVWA Clll. Fittings shall have mechanical joints, (8) Precast Concrete Manholes Precast concrete manhole sections shall be manufactured to standards at least equal to or greater than the requirements of the Standard Specifications for Rein- forced Concrete Culvert, Storm Drain and SEwer Pipe, ASTM Designation C76, for Class II. Jointing shall be with the R-4 type confined a-Ring gasket. Manholes shall conform to all requirements as shown on the detail drawings. (9) Manhole Castings Castings for manhole frames and covers shall be Class 30 of gray iron, free from all injurious defects and flaws, in conformance with ASTM Designation A48-56, latest revision. All covers must fit closely in the rings in any and all positions, so there will be no rocking from pressure applied on any point on the cover, All castings shall conform to the weight, type and size as shown on the detail drawings. The supplier of castings must be approved by the Eng- ineer. The supplier shall certify to the Engineer that each shipment conforms to these Specifications. Such certification shall accompany each shipment to the job site. (10) Piling Norway Pine, Jack Pine, Douglas Fir (Coast Region) or Southern Yellow Pine, may be used under these Specifi- cations. Balsam, Fir, Hemlock, Soft Maple, Poplar, Slippery or Swamp Elm, or any other wood which would not stand driving will be rejected. All piles shall have a butt diameter of not less than 12". Piles less than 40 feet in length shall have a tip of not less than 8 inches diameter and piles over 40 feet long shall have a tip not less than 7 inches in diameter. Piles shall be sound and solid and free from any defects which may materially impair thei~ strength or durabi- lity. They must be so straight that when a line is -7- SC-SS drawn from the center of the butt to the center of the tip, the line will be within the body of the pile and shall have a uniform taper from the tip to the butt, Piles shall be capped and cradles provided in accordance with the detailed drawings. All piles, caps, and ties shall be creosote treated in conformance with Minnesota Highway Department Specifi- cations 349l. (11) Seeds All grass and legume seeds shall be in conformance with Minnesota Highway Department Specifications 3876 - mixture 6 . (12 ) Topsoil Borrow Topsoil for seeding or sodding shall be in conformance with Minnesota Highway Department Specification 3877. (13 ) Sod Sod shall be in accordance with Minnesota Highway Department Specifications 3878. (14 ) Fertilizer Fertilizer for seeded areas shall be in accordance with Minnesota Highway Department Specification 3881 - Nitrogen 10%, Phosphorosis 10%, Potash 10%. (15 ) Rock Foundation Material Rock foundation material shall be 3/4" to 1~'2 II binder stone, or Minnesota Highway Department Specification 3138, Class 2, as approved by the Engineer, (16 ) Granular Trench Backfill Material Granular trench backfill material shall consist of pit-run sand or gravel, not more than 20% of which passes the No. 200 sieve, screened as may be necessary to remove all stones which would be retained on a three (3 ) inch sieve. (17 ) Pipe Bedding r1aterial Bedding material shall meet the requirements of I'1,H.D Specification 3138, Class 4. B. STORi\1 SEv'JER (1 ) Reinforced Concrete Pipe Same as paragraph 5A (2 ) -8- SC-SS (2) Reinforced Concrete Pipe Fittings Same as paragraph SA (6b) (3) Concrete End Sections Concrete end sections shall be in accordance with Minnesota State Highway Specification 3236 and, when stated in the Proposal, end sections shall be provided with a trash guard and rip-rap as shown on the Plans, (4) Corrugated Metal Pipe and End Sections Corrugated metal pipe, fittings and end sections shall conform to the requirements of Standard Specifications for Corrugated Metal pipe, AASHO-M36, except that gauge of metal in arch-pipe shall conform to Standard Plate 3040 of the Minnesota State Highway Department Standards for the sizes shown on the Plans. All corru- gated metal pipe, fittings and end sections shall be double bituminous coated. When specified in the Proposal, end sections shall be provided with a trash guard as shown on the Plans. (5) Jointing Materials a. Concrete Pipe Reinforced concrete pipe joints shall be the Bureau of Reclammatinn R-4 confined a-Ring gasket joint, b. Corrugated Metal Pipe All joints shall be made with coupling bands which shall conform to the requirements of Section 3226,2 of the M.H.D. Specifications. (6) Precast Concrete Manholes, Inlet Manholes and Catch Basins Same as paragraph SA (8) except storm manholes shall be sized as shown on the Plans, and precast catch basins shall conform to the standard detail drawings in the Plans. (7) Manhole Castings Same as paragraph SA (9) except size varies as shown on the detail plates or plans. (8) Bulkheads Bulkheads shall be constructed of cement block or cement bricks, and cement mortar. (9) Other Materials All other material shall be the same as specified under SA (10) thru (17). -9- SC-SS (10) Bedding Material Bedding material which the Contractor is directed to purchase shall meet the requirements of M.H.D. Specifi- cations 3138, Class 4 . 60 PIPE JOINTING (1 ) Vitrified Clay Pipe All clay pipe joints shall be installed in accordance \vith ASTM C-12. (2 ) Reinforced Concrete Pipe All pipe joints shall be installed with a lubricant as recommended by the manufacturer of the pipe. (3 ) Polyvinyl Chloride Pipe Prior to application of solvent cement, the bell and spigot ends shall be cleaned with a cloth moistened with methyl-ethylketone (MEK) . Using a brush, the cement shall be liberally applied to the spigot for a dis- tance equal to the joint depth and lightly applied to the inside of the bell. Immediately thereafter the joint shall be made by inserting the spigot into the bell and pushing it "home" as far as possible. The pipe shall then be rotated 30 to 90 degrees to distri- bute the cement. Any excess cement shall be wiped away, The joint shall remain undisturbed for at least f i '.Ie minutes after jointing. The pipe shall be laid f \vhen- ever possible, with the bell facing upstream. ( 4) Cast Iron and Ductile Iron Pipe All cast or ductile iron pipe joints shall be installed in accordance with Am~A - 600, Section 9C. (5 ) Corrugated Metal Corrugated metal pipe shall be jointed in accordance with Minnesota Highway Department Specification 2501. 7, CONSTRUCTION STAKES - ALIGNlfiliNT AND GP~DES All work under this Contract shall be constructed in accordance i.y i t11 lines and grades shown on the drawings and as established by the Engineer. These lines and grades may be modified by tIle Engirleer as pro'1ided in the Specifications. The Contractor shall give the Engineer sufficient notice as required of his need for the establishment of line and grade so that the Engineer may have time to provide the same. After lines and grades for any part of the work have been given by the Engineer, the Contractor will be held responsible for the proper -10- SC-SS execution of the work to such lines and grades and all stakes or other marks given shall be protected and preserved by him until he is authorized to remove them by the inspector. The Contractor shall, at his own expense, correct any mistakes that may be caused by their unauthorized disturbance or removal. The Engineer may require that work be suspended at any time when, for any reason, such marks cannot be properly followed. Grade stakes in sufficient quantities and of a shape and length approved by the Engineer shall be supplied by the Contractor. No additional compensation shall be allowed the contractor for any claims of crews being held up because of lack of line and g-rade stakes. 8, EXCAVATION AND PREPAP~TION OF TRENCH The trench shall be dug only so far in advance of the pipe line as the Engineer shall permit. The sides of the trench shall be sloped and/or braced and the trench drained so that workman can work safely and efficiently. All work must be done in a dry trench and no water will be permitted to discharge down the pipe previously laid without written permission of the Engineer, It i ~ essential that the discharge of pumps be laid _w to natural drainage channels or to drain sewers. Care must be taken to avoid over-excavation. Should any over- excavation exceeding two (2 ) inches be encountered, the material added shall be moistened and compacted to the satisfaction of the Engineer, or foundation material shall be added at the ex- pense of the Contractor. The finished subgrade shall be pre- pared accurately by means of hand tools. In all cases where the sewer alignment is located so that space and access is very limited with respect to the safety and wel of adjoining buildings, such as a property line between houses, , , Contractor shall discontinue open trench excavation and l:n.e shall jack the pipe in place for an adequate length to safequard settlement and damage to these adjacent structures at no extra compensation. The trench width at the top of the excavation may vary depending upon the depth of the trench and the nature of material encoun- tered, The 'vlidtl1 of the trench shall also be kept at a minimum to prevent excess destruction of the existing street or highway pavement. Tlle trench bottom shall be brought to grade to provide a uniform and continuous bearing and support for the pipe on solid and undisturbed ground at every point between bell holes. -11- SC -8 S When the bottom at sub-grade is soft and in the opinion of the ineer cannot support the pipe, a further depth and/or width shall be excavated and refilled to pipe foundation grade as recru under the above paragraphs, or other approved plans shall be adopted to assure a firm foundation for the pipe, The class or type of material which is to be used for refilling up to pipe grade shall be foundation material as specified in Paragraph 5A (15 ) of these Specifications. The rough sub-grade beneath the pipe shall be finished to within 0,25 feet of a straight line between pipe joints or batter boards; and all tolerances shall be above the specified grade. A string line shall be set to check the line and grade on all excavation and pipe laying. Ledge rock,. boulders,. and large stones shall be removed to pro- vide a clearance of at least six (6 ) inches but not exceeding twelve ( 12) inches below the outside barrel of pipe, or fittings; and allow a clear width of six ( 6) inches on each side of all pipe and appurtenances with ~" additional clearance for each foot of depth over 15 feet. iTlli2 space between the bottom of the trench in rock and the bottom of the pipe shall be backfilled with suitable material in three ( 3 ) inch uncompacted layers and thoroughly tamped. Generally speaking, the material shall be specified bedding material, No additional compensation for placing or tamping this material shall be allowed. .0.11 excavation shall be unclassified,. and no extra compeDsa~lon shall be allowed for rock, clay or hardpan even though it may be advantageous to use explosives for their removal. Blasting the excavation will not proceed until the Contractor has notified the Engineer of the necessity to do so. This notifica- i:ion shall no manner relieve the Contractor of the hazard and liabili contingent on blasting operations. The hours of blast- ing will be fixed by the Engineer. damage caused by blasting shall be repaired by the ConJcractor o_t ll.is expense. The Contractor1s methods of procedure relative -c.o blast shall conform to local and State laws and munic 1 {:Jrcill'1anCeS "' p~ll excavated material shall be piled in a manner that will not " the work and that will avoid obstructing side\\'alks l 2nQarlger O.Yl iJe\lla:ls f and fire hydrants, and will not cover lawns, Gutters shall be kept clear or other satisfactory provisions made for street drainage at all times. -12- SC-SS 9, SHEETING N~D BRACING The Contractor, to prevent the disturbing or settlement of adja- cent road surfaces, foundations, structures, utility lines or railroad tracks, shall furnish and place all sheeting and bracing necessary for good working conditions acceptable to the Engineer, and to prevent damage and delay to the work. The contractor shall be responsible for the strength and sufficiency of all sheeting and bracing. All sheeting and bracing shall be placed at the Contractor's expense. Any damage to the work under this Contract or to adjacent struct- ures or property caused by settlement, water or earth pressures: slides,caves or other causes due to failure or lack of sheeting and bracing or bracing or improper bracing or through negligence or fault of the Contractor in any manner shall be repaired by the Contractor without delay at his expense. Should the Engineer decide that the sheeting and bracing at any point is inadequate or improperly constructed, he may order additional sheeting and bracing to be placed at the Contractor;s expense, Bracing shall be so arranged as to provide ample working space, so as not to interfere with the work, and so as not to place any strain on the structures being constructed, until such structures are, in the opinion of the Engineer, of ample strength to withstand such strain. All sheeting and bracing, unless otherwise specified or ordered to be left in place by the Eng- ineer, shall be installed and removed from the work at no addi- tional compensation. No sheeting and bracing shall be removed until the construction has proceeded far enough to provide ample strength in the opinion of the Engineer. Sheeting or bracing may be left in place in the trench at the discretion of the Engineer. Any sheeting or bracing left in place shall be cut off approximately 10 feet from the surface and the cut-off portion removed, unless the Engineer gives written permission to leave it in place. The Contractor shall receive no compensation -f ' " " _or sneeLlng ana bracing left in place. vJhere the trench is not located near existing utilities, build-. ings or other structures and where water and other conditions permit; the Contractor may, with the approval of the Engineer, omit sheeting and bracing of the excavation. In this event, he shall excavate a trench of sufficient size to provide adequate space for the construction work so as to prevent sliding or cav- ing of the banks into the area within the lines of structures. -13- Sc-ss 10. PILING The Contractor shall furnish, placet and drive piles as directed by the Engineer. All piling shall be driven to substantial re- fusal as defined by M.H.D. Specification 2452.3. Piles shall be driven vertically in exact position at locations given by the Engineer. Piles which may become shifted, must be removed and good piles driven in their places, or additional piles put in as directed by the Engineer without additional expense to the Owner. Piles shall be battered when so directed by the Engineer at no additional compensation. 11. TEr~OR~RY BRIDGES AND CROSSINGS The Contractor shall construct and maintain temporary bridges and crossings, complete with flagmen, whenever necessary to expedite the work or to maintain traffic. Temporary bridges or crossings shall be of ample size to safely carry the load which comes upon them. The cost of all labor, materials, tools, and equipment for temporary bridges and crossings shall be borne by the Contractor, and no separate or additional payment will be made. 12. LAYING OF PIPE Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient prosecution of the work. Pipe and materials shall be unloaded and distributed on the job in a manner approved by the Engineer.. In no case shall mater- ials be thrown or dumped from the truck. Before lowering and while suspended, the pipe shall be inspected for defects to detect any cracks. Any defective, damaged or unsound pipe shall be rejected. All foreign matter or dirt shall be removed from the inside of the pipe before it is lowered into its position in the trench, and shall be kept clean by approved means during and after lay- ing. All openings along the line of the sewer shall be securely closed as directed, and in the suspension of work at any time, suitable stoppers shall be placed to prevent earth or other sub- stances from entering the sewer. Pipes shall be laid to a true line and at uniform rates of grade between manholes as shown on the Plans. Fine grading, to the bottom of the barrel, shall proceed ahead of the pipe laying, and should any over-excavation exceeding two (2) inches be en= countered! the material added shall be moistened and compacted to the satisfaction or the Engineer, or roundation material shall be added at the expense of the Contractor. Holes shall be dug for the pipe bells, and the material placed at the middle of the preceding pipe laid. The pipe shall be supported for the bottom 90 degrees and throughout its length -14- SC-SS 10. PILING The Contractor shall furnish, place, and drive piles as directed by the Engineer. All piling shall be driven to substantial re- fusal as defined by M.H.D. Specification 2452.3. Piles shall be driven vertically in exact position at locations given by the Engineer. Piles which may become shifted, must be removed and good piles driven in their places, or additional piles put in as directed by the Engineer without additional expense to the Owner. Piles shall be battered when so directed by the Engineer at no additional compensatiDn. 11. TEr@ORARY BRIDGES AND CROSSINGS The Contractor shall construct and maintain temporary bridges and crossings, complete with flagmen, whenever necessary to expedite the work or to maintain traffic. Temporary bridges or crossings shall be of ample size to safely carry the load which comes upon them. The cost of all labor, materials, tools, and equipment for temporary bridges and crossings shall be borne by the Contractor, and no separate or additional payment will be made. 12. LAYING OF PIPE Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient prosecution of the work. Pipe and materials shall be unloaded and distributed on the job in a manner approved by the Engineer.. In no case shall mater- ials be thrown or dumped from the truck. Before lowering and while suspended, the pipe shall be inspected for defects to detect any cracks. Any defective, damaged or unsound pipe shall be rejected. All foreign matter or dirt shall be removed from the inside of the pipe before it is lowered into its position in the trench, and shall be kept clean by approved means during and after lay- ing. All openings along the line of the sewer shall be securely closed as directed, and in the suspension of work at any time, suitable stoppers shall be placed to prevent earth or other sub- stances from entering the sewer. Pipes shall be laid to a true line and at uniform rates of grade between manholes as shown on the Plans, Fine grading, to the bottom of the barrel, shall proceed ahead of the pipe laying, and should any over-excavation exceeding two (2) inches be en= countered, the material added shall be moistened and compacted to the satisfaction of the Engineer, or foundation material shall be added at the expense of the Contractor, Holes shall be dug for the pipe bells, and the material placed at the middle of the preceding pipe laid. The pipe shall be supported for the bottom 90 degrees and throughout its length -14- SC-SS ( except for the minimum distance necessary at the bell holes) as shown on the Plans. Bell holes shall be adequate to make the joint, but no larger than necessary so that maximum support on undisturbed ground will be provided for the pipe. The bedding of all pipe shall be Class "C" unless specified or detailed otherwise. Class IIC" bedding lS the method of bedding pipe shown on a Detail Plate in these specifications. Pipe laying shall proceed upgrade with the spigot ends pointed in the direction of flow. No pipe shall be laid in water or when the trench conditions are unsuitable for such work, except by written permission of the Engineer. The Contractor shall make all connections of pipe to the man- holes which have previously been constructed. He shall re- ceive no extra compensation for connection to capped stubs or cutting into present manholes. For completing drop sec- tions for drop manholes, the Contractor shall be paid as per unit price bid. If the Engineer considers pipe, as shown on the plans, is not suitable for the subgrade soil condition, he may order the Contractor to install cast iron, or ductile iron pipe in lieu of other pipe to be placed on rock stabilized subgrade or on piling. 13. BACKFILLING AND GRADING All excavation in trenches shall be backfilled to the original ground surface or to such grades as specified or shown on the drawings. The backfill shall begin as soon as practical after the pipe has been placed and shall thereafter be carried on as rapidly as the protection of the balance of the work will permit. Complete cleanup shall proceed directly behind the backfill- ing to accommodate the return to normal conditions. Should the Contractor, in the Engineer1s opinion, fail to dili- gently pursue the backfilling and cleanup, the amount of work on which complete cleanup has not been accomplished shall be limited to 1,000 lineal feet for the entire job. The Contractor shall have sufficient equipment on the job to assure timely backfill and cleanup at all times. Backfilling and compacting shall be done as thoroughly as possible so as to prevent after settlement. Depositing of the backfill shall be done so the shock of falling material will not injure the pipe or structures. Grading over and around all parts of the work shall be done as directed by the Engineer. Granular material, or other suitable material as determined -15- sc-SS by the Engineer, free from rocks and boulders! shall be de- posited in the trench simultaneously on both sides of the pipe for the full width of the trench to a height at least six (6) inches above the top of the pipe, shovel placed and hand tamped to fill completely all spaces under and adjacent to the plpe. In the event that natural,suitable, granular material is not encountered during the normal excavation of the sewer trench, or when the material encountered is determined unsuit- able by the Engineer, for backfilling around the pipe as re- quired above; the Contractor shall provide and place such approved material. The Contractor shall furnish approved material from surplus material obtainable from other excava- tion on the project, within a haul distance of two (2) miles one way,at no additional compensation. If suitable material is not available as stated above! the Contractor shall pur- chase backfill material for backfilling around the pipe. The Contractor shall be paid for only that backfill material reauired for filling or backfilling as he may be directed to purchase and place by the Engineer. All quantities of such material used shall be verified by the Engineer. Succeeding layers of backfill may contain coarse materials, but shall be free from pieces of rock, frozen material, con- crete, roots, stw~ps, tin cans, rubbish and other similar articles whose presence in the backfill, in the opinion of the Engineer, would cause excessive settlement of the trench or damage to the pipe. Wherever select material, that exists in place in the upper four (4) feet of the finished grade of the paved or travele~ portions of the street of roadway, is removed by the trench excavation! the Contractor shall replace said material (or material of equal quality) as backfill in the upper four (4) feet of the finished grade. where select material does not exist in place as described above! the Contractor shall pro- vide and place sufficient select backfill to stabilize the finished grade from surplus material obtainable from other excavation on the project! within a haul distance of two (2) miles one way at no additional compensation. Backfilling shall be done in lifts of uniform layers not to exceed the depth shown on the compaction chart and each lift shall be completely compacted over the full width of the excavated area. Compacting shall continue until no more settlement occurs. Three feet of material over the top of the pipe shall be required before a vibratory or sheeps- foot roller may be used. -16- Sc-ss COMPACTION CHART Maximum Loose Soil Lift Height (Ft. ) Compactor Type Sands Plastic Soil Vibratory Roller (Vibro-Plus CK -1 0 ) or equal 4.0 Not allowed Vibratory Sheepsfoot (150 PSI Minimum) Not allowed 2.0 Button Head Pneumatic 0.5 0.5 Plate Tamper 1.0 1.0 Plate Vibrator 1.0 Not allowed Special compaction shall be done around all manholes, catch basins, valve boxes, curb boxes, end of sewer services! other structures, and utilities by the use of pneumatic tampers, plate tampers, or plate vibrators with lifts not to exceed that shown i n the COHPACTION CHART. Catch basin leads and sanitary sewer service trenches must be compacted in the same manner as the sewer trenches. They shall not be left open overnight. In areas where curb and gutter exists, sufficient curbing shall be removed to allow this com- paction over the entire disturbed area. All deficiencies in the quantity of material for backfilling the trenches or for filling depressions caused by settlement shall be supplied by the Contractor. Any excess suitable ma- terial shall be hauled away and deposited and leveled where directed by the Engineer at no additional compensation. The haul limit shall not exceed two (2 ) miles one ',vay. No waste material or debris shall be deposited on any public or private property within the municipality's limits without the written permission of the Engineer. Waste material and debris shall include, but not be limited to, trees, stumps, pieces of pipe, , - concrete, pieces of asphaltic concrete, tin cans, pleces ot or other waste material from the construction operations. When the trench excavation for the sewer and appurtenances is within the right-of--ways of State or County Highways, the back- filling of the trench, compaction of materials, sub-grade pre- paration and surfacing shall be done in strict accordance with the requirements and specifications of the State or County High- way Department at no additional compensation. -17- SC-SS In all cases, the Contractor shall blade and compact the road- way after the trench has been backfilled, so that it shall be passable to traffic at all times. The Contractor shall main- tain the roadway in a condition acceptable to the Engineer at all times until final acceptance of the entire work by the Owner. Therefore, the Contractor shall provide one motor grader which shall be available to the project at all times for surface maintenance. If, in the opinion of the Engineer, the Contractor is not maintaining street surfaces sufficiently, with one motor grader, he shall provide additional motor graders. The Contractor shall also blade and maintain all detours and bypasses. All maintenance work shall be done at no additional compensation. In addition to the blading and maintenance requirements speci- fied, the Contractor shall provide at least one tank truck with pressurized spray bars for spraying water on the streets to control the dust. Dust control shall be required, as necessary, on all streets after compaction and grading, and on all detours or bypasses. The Contractor shall remedy at his own expense any defects that appear in the backfill for a period of one year follow- ing completion of this entire contract. 14. RESTOP~_TION OF SURFACE Wherever the surface of the ground is removed or disturbed by the Contractor's operation, the Contractor shall restore, replace or rebuild all such surfaces to a condition at least equal to its condition at time of removal. Blading and maintaining of streets and roadways are covered by Article 13, "Backfilling and Grading" of these Standard Specifica- tions. If the alignment of the sewer and its appurtenances, as shown on the Plans; lS alongside or parallel to a paved roadway, but the proximity of such alignment to the paving does not warrant damage or removal of such paving, the Contractor shall replace or repair the paving which he has removed or damaged at no additional compensation. When the alignment of the se'iler and its appurtenances lies within a paved roadway, the Contractor shall replace or repair any pavement which is damaged or removed as specified in the Special Provisions. 15. RESTOPATION OF SOD, TREES, DRIVEWAYS AND CURBS Any and all curb and gutter disturbed by the Contractor dur- ing construction shall be replaced with new curb and gutter in conformance with the municipality's standards with no -18- Sc-ss additional compensation. The replacement shall include the obtaining of line and grade on existing curb and gutter and setting line and grade at the time of replacement. Any trees which lie within the limits of the excavation shall be removed by the Contractor only with the express permission of the Engineer. There shall be no additional compensation for the removal of such trees, but the Contractor will not be required to replace any tree so removed. Any concrete, blacktop, or crushed rock driveway disturbed by the Contractor during construction shall be replaced or rebuilt to a condition at least equal to its condition at the time of removal. There will be no additional compensation allowed for this item. Any sod which is disturbed during the installation of sewer lines or appurtenances shall be replaced, including the neces- sary black dirt. The Contractor will be reimbursed for sodding up to a maximum width as detailed in the following table. Main Sewer or Service Depth Maximum Sod Width To Invert Eligible for Reimbursement 0'-10' lO' 10'-20' 20' 20'-30' 30' 30'-40' 40 ' 40'-50' 50 ' 50'-60' 60' A_11 Y sod requiring replacement outside the maximum shall be replaced by the Contractor at no additional compensation. Black dirt shall be replaced to a thickness equal to that removed up to a maximum of one (1 ) foot. No sod shall be laid on less than four (4 ) inches of black dirt. Sod shall be rolled within 24 hours after its placement with a roller that leaves the sod smooth and the joints properly closed. The new sod shall be trimmed to neatly match old sod, curbs, and w'alks. Sod shall be high quality, cultured, free from 'deeds, and in a good healthy condition. Unsuitable sod shall be replaced at no additional compensation. All sod shall be watered by the Contractor for a period of six weeks after installation. -19- Sc-ss 16. SERVICE CONNECTIONS It shall be the duty of the Contractor to keep an accurate record of service connections as to location, depth to top of connection, type of connection provided, etc. Location shall be made in respect to the survey line stationing, and house corners or lot corners. 'l'hi s record shall be kept jointly by the Contractor and the Inspector. A. RI SE RS Risers are to be constructed as shown on the detail draw- ings on the Plans at all points where the depth of cover over the invert of the sewer line is bqe 1 ve (12) feet or more as determined by the Engineer. B. HOUSE SERVICE CONNECTIONS At all points designated by the Engineer, the Contractor shall construct services for house connections, and shall extend such connections to the property line, unless otherwise indicated on the Plans. The Contractor shall also coordinate with the Engineer and Surveyor the loca- tion and invert of all house services. House Connections shall be kept to a minimum depth of ten (10) feet in the street and not less than nine (9 ) feet at the property line, unless otherwise directed by the Engineer. Services shall be at right angles to the main sewer unless otherwise directed. All house connections shall be capped, sealed firmly in place, or by other methods approved by the Engineer, iyhich will effectively prevent water from entering the s ei'ler until the connection is placed in service. The Contractor shall provide all necessary wyes or tees for connecting services to sewer lines at the Contract Unit Prices. Six (6 ) inch bends shall be provided to bring services to proper location and elevation, at no additional compensation. At the end of all house connections, located at the property line, the Contractor shall furnish and set at no additional compensation, a 2-inch by 2-inch long wooden stake, set vertically from the service pipe to the ground surface. In undeveloped areas this stake shall extend within six ( 6 ) inches of the ground sur- face. The Contractor shall measure to the nearest tenth of a foot the depth from the invert to top of stake and notate same on cut sheet. 17. ~L~~HOLES AND CATCH BASINS Excavation shall be to a depth and size to provide for con- struction of the manhole or catch basin as shown in detail on the Plans. -20- SC-SS degree V-notch weirs placed in the lines. Measurements shall be taken at all points where, in the opinion of the Engineer, the flow of the water in the sewer is greater than the maxi- mum allowable leakage. The maximum allowable rate of leakage for any section of sewer shall be 100 gallons per inch of internal pipe diameter per mile of pipe per 24 hours (15 gallons per 24 hours for 9 inch pipe.) In case measurements indicate a leakage greater than the maxi- mum allowable leakage, additional measurements shall be taken and continued until all leaks are located and the necessary repairs and corrective work have reduced the leakage in the section being tested below the maximum allowed by the speci- fications. All repair work and materials used must be approved by the Engineer. For purposes of the test, the line between adjoining manholes will be considered a section and will be tested as such. The Contractor shall furnish the weirs and other material and labor for placing the weirs in the sewer and shall assist the Engineer in making measurements. The Contractor shall receive no additional compensation for making the leakage tests or corrective work necessary to reduce leakage below the maximum allowed by the specifications. In addition to the infiltration test, exfiltration tests will be required on sewer lines which are above the present ground water. The test section shall be bulkheaded and the pipe subjected to a hydrostatic pressure produced by a head of water at a depth of four (4) feet above the bottom invert of the sewer under test at its lower end. This head of water shall be maintained for a period of one hour during which it lS pre- sumed that full absorption of the pipe body has taken place, and thereafter for a further period of four (4) hours for the actual test of leakage. During this four (4) hour period, the measured loss shall hot exceed that specified for infiltration. The introduction of any substance into the water used for testing with the intent to seal such leaks as may be indicated will not be permitted. Two such exfiltration tests will be required for each type of pipe and for each size of pipe. If the results are satis- factory on the two sections chosen by the Engineer, no further exfiltration tests will be required. If results of the exfiltration test are not satisfactory, -22- Sc-ss additional tests may be required until the Engineer is satis- fied that the leakage requirements are being met. Prior to final acceptance of each section of the sewer line, the Contractor shall flush a ball, the full diameter of the sewer, through the line. All dirt and debris shall be pre- vented from entering the existing sewer system by means of watertight plugs or other suitable methods. Upon completion of the Contract, the Engineer will carefully inspect all sewers and appurtenances. Any cracked or broken pipe shall be removed and replaced with a sound one and the invert of the sewer shall be left clean and free from any obstructions throughout the entire line. 19. INTERRUPTION OF PRIVATE WATER SUPPLIES If any private water supply shall become interrupted, either temporarily or permanently, solely as a result of the Con- tractor's dewatering procedure, the Contractor shall be held harmless from any claims. 20. DETOURS - TRAFFIC CONTROL When traffic cannot be diverted, it will be permitted to use the street at all times. The Contractor shall furnish sufficient signs to facilitate the directing of traffic. These signs shall conform to the slgns illustrated on the detail sheets, and placed as directed by the Engineer. Each detour sign shall be reflec- torized and shall be illuminated with two six (6 ) inch, battery-powered, blinkers with amber lenses. All barricades shall have blinker lights on each end. The Contractor shall have a sufficient number of barricades and signs on hand prior to the start of construction. It shall be the Contractor's responsibility to make a check and inspection of all lights and barricades every four hours, including Sundays and Holidays. He shall maintain the streets in a passable condition. He shall conduct his work so as to create a minimum of inconvenience to traffic and shall furnish not less than tHO flagmen at each location where loading or depositing of material requires the turning of the trucks on any State Highway or "Main Street" and where the operation of construction equipment endangers traffic. Temporary suspension of work does not relieve the Contractor of the responsibility outlined in the above requirements. -23- SC-SS 2l. RUBBER-TIRED EQUIPMENT The Contractor shall provide and use only rubber-tired dozers, front-end loaders and other necessary equipment other than the excavating machine on all work where street pavements or por" tions of pavements are undisturbed or in locations as the Engineer may direct. 22. CONCRETE STRUCTURES All concrete shall be air entrained 3000 p.s. i. at 28 days. Reinforcing steel shall be 20,000 p.s.i. All form work for concrete shall be thoroughly braced and rigid to prevent deflection or movement of concrete. Forms shall be oiled to provide smooth formed surfaces. Forms shall not be removed until thoroughly hardened. Concrete shall be maintained at a 700 F. temperature for 3 days or a 500 F. temperature for 7 duys after placing. Any structure which shows evidence of frozen concrete shall be replaced with no additional compensation at the Engineers discretion. 23. CONSTRUCTION IN RAILROAD OR HIGHWAY RIGHT-OF-WAY When a utility is constructed in State Highway, County High- way or Railroad Right-of-Way, work shall commence only upon receipt of the permit issued by said Highway or Railroad and shall be constructed in accordance with the provisions of the permit. Any costs incurred by the Highway or Rail- road in providing inspection, permits, bonds or services relative to the construction, and for which the Owner is held responsible, will be considered as the liability of the Contractor and will be deducted from monies due the Con- tractor. 24. RIGHT OF ENTRY Any person representing the Engineer or Owner shall have the right of entry to inspect the work being performed by the Contractor. If the case warrants, the Contractor shall pro- vide proper facilities for such access and inspection. -24- SC-SS 25. IffiTERIAL PROPOSED "AS EQUAL" Whenever an article or material is defined by describing a proprietary product, or by using the name of a manufacturer, the term 1I0r equal" if not inserted, shall be implied. The specific article or material mentioned shall be understood as indicating the type, function, minimum standard of d.eslgn, ..c.c . . and quality desired and shall not be construed so e.LJ..lclency as to exclude other manufacturer's products of comparable quality, design and efficiency. 26. REQUIREMENTS FOR FINAL PAY~lliNT Final payment will not be made until the Contractor shall have filed with the Owner evidence, in the form of an affidavit or such other evidence as may be required, that all claims against him by reason of the Contract have been fully paid or satis- factorily secured. In case such evidence is not furnished, the Owner may retain out of any amount due said Contractor sums sufficient to cover all lienable claims unpaid. Before final payment is made for the work on this project, the Contractor must make a satisfactory showing that he has complied with the provisions of Minnesota Statutes Annotated 290.92 requiring the withholding of State Income Tax for wages paid employees on this project. Receipt by the Owner of a Certificate of Compliance from the Co~missioner of Taxation will satisfy this requirement. The Contractor is advised that before such certificate can be issued, he must first place on file with the Commissioner of Taxation, an affidavit that he has complied with the provisions of Ivl.S.A. 290.92. 27. i'1ETHODS OF MEASUPillMENT AND PAY~iliNT A. Sewer Pipe In Place Sewer pipe will be paid for at the Contract Price per linear foot for each type, for each diameter of pipe furnished and according to the depth zone classification. Increasers and reducers will be paid for at the Contract Unit Price per linear foot for the largest diameter pipe on the section. Unit Prices bid shall include excavation, pumping, ! ..L sneeL-- in'~ ; ripe completely installed, and backfilling. All measurements will be made along the centerline of the pipe and from center of manhole to center of manhole, or center to center of appurtenant structures. Depth zone classification shall be based on total depth of trench, from surface of the ground to invert of the se',\Ter. -25- sc--.SS G. Connection to Existing Drop Sections A connection to an existing drop section shall consist of completing a type "B" drop section, as covered under Item "E" above, by cutting into the existing manhole and furnishing a tee completely installed and will be paid for at the Contract Unit Price. Any removal of, or addition to existing drop section shall be paid for as per Item "F" above. H~ Wyes, Tees and Special Fittings Wyes, tees and special fittings will be paid for at the Contract Price for each unit furnished of the size and classification specified in the Proposal Form. 1. Catch Basins Catch basins will be paid for at the Contract Unit Price including base and casting. J. Flared End Sections in Place End sections will be paid for at the Contract Uni~ Price for each size furnished and shall include placing costsi and rip rap and trash guard if specified. K. Piling Piling up to 20 feet long including caps shall be paid for at the Contract Unit Price for each single pile bent in place. No additional payment will be made for cradles. A~y piling required over 20 feet in length shall be paid for as excess length of piling. Cut off lengths will not be paid. Double pile bents shall be paid for according to the length of each individual pile. There shall be no addi- tional compensation for lu~ber or hardware used to tie the piles together. L. Rock Foundation Materials I'1aterial used. for refilling to pipe foundation grade to assure firm foundation for pipe shall be paid for at the Contract Unit Price per ton in place. Payment shall include cost of excavation and placement. l,..'l Q Additional Trench Backfill and Bedding Material l'1aterial used for backfill and bedding which the Engi- neer directs to be purchased shall be paid for by the ton in place. l\f c Sod Sod will be paid for at the Contract Unit Price per -27- Sc-ss square yard in place. Quantities will be determined by measurement in the field. The price shall include all necessary black dirt. o. Special Sections Special sections will be paid for at the Contract Price on a lump sum basis for all work and material necessary for the complete installation or construction. p, Piling Foundation for Manholes Payment for "Piling Foundation for rIanholes" wi.ll be paid at the unit price bid and shall include steel reinforce- ment of the base, together with four (4 ) twenty (20) foot piles each. Piling over twenty (20) feet in length will be paid for at the Contract Unit Price per linear foot for each foot of length over twenty (20) feet driven in place below cut-off. Q, Additional Cost for Pipe on Piling F~ additional cost per linear foot will be paid for rein- forced concrete pipe on piling which 11 be compensation for installing special piling pipe, where required, by the Engineer, for all depth zones for each size and class of pipe as indicated on the Proposal Form. A~ additional cost per linear foot will be paid for cast iron pipe on piling in lieu of 9" V.S .P., where required by the Engineer, which will be compensation for instal- ling the cast iron pipe on piling, including all necessary fittings, for all depth zones as indicated on the Pro- posal Form. D j\~erged Items ..t. \. ~ The cost of all material and labor reouired to complete this project as specified and shown on the Plans, but not specifically included as a pay item, shall be merged with the various unit prices bid. S. Seeding Seeding of areas as required by the Engineer shall be at the unit price bid per acre including 4" of topsoil, fertilize as recommended by the manufacturer and main- tenance as required under M.H.D. Specification 2575. -28- sc-ss PROPOSAL FOlUvl SANITARY SmvE1~ AND APPURTENANT 'iWRK CITY OF NEW HOPE, HnmESOTA (To be submitted in duplicate) To the City Council City of New Hope New Hope, I1innesota Gentlemen: 1. The following proposal is made for construction of Sanitary Sewer and Appurtenant Work, Sewer Improvenent No. 322. 2. The Undersigned certifies that the Contract Documents listed in the Instructions to Bidders have been carefully examined, and that the site of the work has been personally inspected. The Undersigned declares that the amount and nature of the work to be done is understood, and that at no time will misunderstanding of the Contract Documents be pleaded. On the basis of the Contract Documents the Under- signed proposes to furnish all necessary apparatus and other means of construction, to do all the work and furnish all the materials in the manner specified, to finish the entire project within the time hereinafter specified, and to accept as full compensation therefore the sum of the various products obtained by multiplying each unit price herein bid for the work or materials, by the quantities thereof actually incorporated in the completed project, as determined by the Engineer. ':2he undersigned understands that the quantities mentioned herein are approximately only, and are subject to increase or decrease, and llereby proposes to perform all quantities of work as either increased or decreased, in accordance with tile provisions of the specifications, at the unit prices bid in the following Proposal Schedules, unless such schedules designate lump sum bids. 3. PROPOSAL SCHEDULE Schedule A - Lift Station Renovation Lift Station Renovation Lump Sum Bid Item "A" L.S. = Total for Schedule ? $ 025-2702 PF-l Schedule 13 - Force t.1ain & Appurtenances 15 1. f. 4" DIP @ $ 11. f. = c' y 1290 1. f. 8" DIP @ c' 11. f. = <' .;> y 1 - 4" Gate Valve & Box @ $ leach = ;;; 1 8" Gate Valve & Box @ $ leach = .... - y 80 1.f. of jacking or augering 8" DIP Lump Sum Bid Item "B" L.S. = ~ 50 1.f. of augering or jacking 8" DIP under trees !? $ 11. f. = " y 2000 sq. yd. sod (in- cluding 4" top soil) 19 $ Is.y. = $ 225 sq. yd. Driveway & city Street Pavement @ :;; Is.y. - (" - y 110 sq. yd. Winnetka Avenue Pavement @ r Is.y. = $ y 50 ton Rock Foundation Mat. @ ~ Iton = $ 'I'otal Schedule B ~ Schedule A $ Schedule B $ GRAND TOTAL (SCHEDULE A & SCHEDULE B) $ Alternate Equipment (add or deduct) $ strike one 4 . The undersigned further proposes to execute the Contract Agreement and to furnish satisfactory bond within ten (10) days after notice of the award of contract has been received. The undersigned further proposes to begin work as specified, to complete the work on or before date specified and to main- tain at all times a Contract Bond approved by the city, in an amount equal to the total bid. j. Accompanying this proposal lS the Bid Security required to be furnished by the Contract Documents, the saIT1.e being subj ect to forfeiture in event of default by the undersigned. G. In submitting his proposal it is understood that the right lS reserved by the Owner to reject any or all proposals and to walve informalities. 7. In subnitting this proposal, the undersigned acknowledged receipt of Addenda Nos. issued to the Contract Documents. 025-2702 PF-2 8. If a corporation, what is the state of incorporation? 9. If a partnership, state full nanes of all co-partners? Official Address Firm Name By Title By Date 'l'i tle 025-2702 PF-3 CONTRACT FOR CONSTRUCTION FOR THE THIS AGREEMENT, made and entered into as of the day of by and between the MINNESOTA, a municipal corporation under the laws of the State of Minnesota, hereinafter called the "Owner" and hereinafter called the "Contractor", WITNESSETH: That in consideration of their mutual covenants and agree- ments as hereinafter set forth, the Owner for itself and the Contractor for itself, its successors and assigns, covenants and agrees as follows; to .,-lit: 1. The Contractor agrees to furnish all the necessary materials, labor, use of tools, equipment, plant and every other thing necessary to perform the work designated and referred to in this contract, including all Contractor's superintendence and to furnish everything necessary for the completion of the improvement which is the subject of this agreement (except such things as the Owner has specifically agreed to provide, according to the contract documents) ; and agrees under penalty of a public contractor's corporate surety bond in the amount of to perform and complete the work shown in the plans and dravlings, entitled -1- Improvement No. prepared by Orr-Schelen-Mayeron & Associates, Inc. of Minneapolis, Minnesota and dated and to conform in all respects with the provisions and requirements of the general conditions, special conditions and special provisions for said improvement, which are entitled "Contract Documents for for the Owner prepared by said Orr-Schelen-Mayeron & Associates, Inc. and dated 2. The Contractor agrees that performance shall be in accordance with the terms, requirements and conditions of this instrument, and laws of the state of Minnesota, and the following documents: Advertisement for Bids for said Improvement No. for the Owner. Proposal by the Contractor, presented to the Council of the Owner on and accepted by the Owner on Contract Documents for said Improvement No. dated referred to in the preceding paragraph of this Agreement and made a part of the aforementioned proposal. Plans and Drawings for said Improvement No. as identified in the preceding paragraph of this Agreement and which are dated Any Addenda to the plans, drawings, general conditions and specifications for said Improvement No. which addendum was prepared by Orr-Schelen-Mayeron & Associates, Inc. Public Contractor's Surety Bond in the principal sum of the amount bid. -2- Each and all of the aforementioned contract documents are hereby incorporated into this Agreement by specific reference and the terms and provision thereof are and constitute a part of this Agreement as though attached hereto or fully set forth herein. 3 . The Owner agrees to pay the Contractor for the performance of this Agreement and the Contractor agrees to accept in full compensation therefor, the sums set forth within the aforementioned proposal of the Contractor for each unit and each type of unit of work to be performed. It is understood and agreed that the said proposal is for the construction of said Improvement No. on a unit price basis in accordance with said proposal, and that sum of as set out in said proposal, is the sum of the unit prices, multiplied by the estimated quantities of the respective units of work listed therein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. Contractor By By (Corporate Seal) By By ( City Seal) -3- AFFIDAVIT AND INFOro.~TION REQUIRED OF BIDDERS Affidavit of non-collusion: I hereby swear (or affirm) under the penalty for perjury: (1) That I am the bidder (if the bidder is an individual) , a partner in the bidder (if the bidder is a partnership) , or an officer of employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation) ; (2 ) That the attached bid or bids have been arrived at by the bidder independently, and have been submitted without collu- sion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition; (3 ) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and \vill not be commu- nicated to any such person prior to the official opening of the bid or bids; and (4 ) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed: Firm Name: --- Subscribed and sworn to before me -this day of 19 . -- - Notary Public My commission expires 19 . - Bidder's E. 1. Number (Number used on Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 94l) : -1- AFFIDAVIT Fair Trade Items: List below each item upon which a bid is made, the price of which is affected by a resale price maintenance or "fair trade" contract between the bidder and the person or firm supplying the item to the bidder. (Use reverse side if necessary) . -2- AFFIDAVIT r I I I SHOULDER LANE , EXCAVATION EXCAVATION I ~ i I;:~ t/~ ~ t:J r::1 ADVANCE ~ t:1 ADVANCE~ WARNING WARNING E1 ~~ ~ ~ I ~ NOTE' ~ V ~I ~ I PRINT INDICATES FOUR LANE I I I APPROX.8 6~ ~ ~ IF TWO LANES EXIST, 5 APPROX '8 FLASHERS \7 I ~ OUTSIDE FLASHERS 0 (gJ . . WOULD BE MOVED :5 FLASHERS OUT ON SHOULDER 1!j21 i DEPENDS ON DEPENDS ON: I SPEED ZONE, U TO ACCOMMODATE 6 SPEE~ oZONE TRAFFIC 0 TRAFFIC I2J J TRAF,'_ VOLUME. . VOLUME. STANDARD ,~ 0~~ j BARRICADE ~ IZl i E]VI n M EJa 6 IZlI2JIZl ~ NOTE' ~ t:1 STANDARD f3 ADVANCE WARNING G I BARRICADE. BELOW 40 M,P. H, cg) w ' MIN. 350' ~ Iii ~ ! ~ n 40 M.P.H. a ABOVE g @ ~ MIN, 500' . n I I I2J I I I o V ~ ~ I , [ZJ 'ADVA~jCE ! " 'N^RN",r- / .;.:1., l,~ II I f' i ~ i I I i I NEW HOPE, MINNESOTA ORR-SCHELEN-MAYERON I I I I ! a ASSOCIATES, INC, I STANDARD ! WARNING ARRANGEMENT CONSULTING ENGI~~EERS MINNEAPOLIS 1 M!N~~ESOTA i I I WITH FLASHERS 8 BARRICADE PL4TE I ---- l;~ I TEE AND BEND BEND PLUG I MAIN . ~ BE POURED AGAINST UNDISTURBED NOTE: I. THRUST BLOCK TO BE USED FOR BENDS 22-1/20 AND OVER 2. THRUST BLOCK SHALL OM.. Y BE USED WHERE \\ORK ING PRESSURES ARE LESS THAN 150~ PIPE SIZE BEARING AREA 6" 4.0 sa. FT. I e" 6,0 ,. fO"- 12" 12.0 " 16" 20.0 " I I NEW HOPE t MINNESOTA ORR - SCHELEN - MAYERON BLOCK ING 8 ASSOCIATES. INC. FOR CONSULTING ENGINEERS MINNEAPOLIS, MINNESOTA FORCE MAIN PLATE :3