Imp. Proj. #194
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STATE OF MINNESOTA
,-
DEPARTMENT OF HEALTH /'
UNIVERSITY CAMPUS
MINNEAPOLIS 55440
December 8, 1967
Village Council of New Hope
c/o Mrs. Betty Pouliot, Clerk
Village Hall
7701 - 42nd Avenue North
lvlinneapolis, ~Iinnesota
Gentlemen:
'\1e are enclosing a copy of our report covering an examination of
plans and specifications on an elevated water tank for your village.
P. cop:;r of the identified plans and specifications is also enclosed.
If you have any questions in regard to the information contained
in this report, please write us.
Yours very truly,
~0~i .b. /1
t,/.~ '~J ",?tl.&~r, "~ #~2f
;-? v- ~
F 0 Lo\Aloodward,Director
Division of Environmental Health
Enclosures
cc: Orr,Schelen, Ma~reron and Associates
Dr. R. Williams, Health Officer
~@
].f1J]'~I~lliSOT it DEP p.J'LrrltfR:%'JT OF
Division ...'.........~.. Eil"C'lil~OrlIlle 3:1't, 0..1 H ea~l Je,h,
SectioIl ..., te:r ana. (}el1.e l~al Engineeri:ng
:C~.l
~~ ~~~ Pla,:ns a net S~pecifica.tio:-ns OIl an Rle1,rated \(iTa tel'
V'J..L
1\1 e.&"J- hO!)e $ lJfinn.e so ta
Dec61nbe:-e 7;; t
..L
..Lo P J_.al~i s SI~>e cifica/tjio:ns 1J re lJared a:r.tc~ J(, ted. ()rr SI S"C 11e1 en .t} 8,11C1
.fl1ssociates ill ErLgine ers , 110 l{~ Cl1rrie J::.~+le rll18 1) !>iinrleaIJolis, }!~~i:n.11e SO~ a%
,...., Da'J.:,e Recei"'flec1 - - - ~...,. .l 1967 File };JQ 0 Z=1515
~iO !~ O~'l enlti e r .::':4 ,
jo SCC1J8 1i1"11"e a21cl~ specifi,catioIiS ~ . "I elevated. t,Y&Ia t, e r 1:,-&110: tjo
~ {1eS:Cl~lD:e a.J.1
IJ2"8 SSU.1'^'S on, tile S~l.st en:l@ Fabricatio11 deta.ils :t::'l:l :(a
sllccessful bidder be StJ.bI'Hitted 1:;e1:o1"e COIlstr11ct.ioil Kias ]:lhi s
<~~Q~yeln.s the ,.-..P ttlis ]:.Jrc jeet iIlsofar ~."'). :~ tk18 safet;l al1CL sa,rll. "Ca:Cjr
~~...;.. 0,0
the 7J'Ja.t e r !)u.blic COflS1J1ftl)t iOil be affe cted. alIa app_L~es 1:,0 this
i10t ~tc) '\:.11'8 e l} t, l1(~:6 S:V"S tenl other .rJar~t tl1ereo.f 0
L;i~ 0
50 ~ff() .C.d, i:,.i.o 11. .~;! ~ al~l(l A1.'ellUe l\,Ior 4(.,h
.$ elev8:.ted steel tal1k
70 CONS TRUC:rr OJ] SElUL PLACE RJ(CEPI.r jJ:8 ,*4.CCORDPJ~ C E TBF~
P~PPR,OTV~,D PIJtl\~S PJ\[D SPEGI1'11ICATIO:DJS. 0 If it is d.esired. to rna.1:s:e cieviatio:n.s 1.1-- or11
1:, l:} e s~pecifica,tio:n.s , tIle State DepartrfLent or Health 5h.o;J 1 d
COlnStLLted ~ the CD.an,ges obtained b.efore constru..ction is
('-} 'T
I .t .. otherlsdse, SUCll co:t1st:-cuction, is in. at/all ed "-"fa tho 1],"(;, alJproval
s'c,Citr"C6Cl ; !)l~ol)er
M<:t-J. .l tiol1 c:ceate "CO lPulilic J:1ealth.o E...;qo e 11fii t. u..re s ofptlb'lic
~~..... n. -r~ .al~.e 11.e -L~c:t to be illegal 0
Co 1'1cliJLSic,):n
SIJe ci:fi ca't:,io11S t~11 tl1is l:';Toje.ct ill F{ erier';s.l
f}f t,lTe f'dIi rille sot, a Dep artrnerrc. r~ Fieal"C,h al10. aJ.~ e r e 'COilllItei1.d ed
or
t:ts~~TLal reserva~ti()]1S as stated o:n .J(,~he a~~ tach.ad sheet anti
llelat:~i "'"a tn p 1~11~1
v
~~~~/?/'7_,P:;? Eo Ao O'd de
:' wt,c~..,V~J-~>U4o/~^G ~A~ssocia..~te Ptlblic 1~1 eal ~t ~h
t.."../ .... " .. .;;.,,'" .......-... )' j' ,/ ;<..; I/"v' V ~
P~tll a J 0 l"Ftl>fforl ~ Chief
SectioTn of' ,:J~\Ja. tel' SllPI:ly
~jlINNESOTA DEPARTlvlE1\JT OF HEALTH
Divi~ion of EnviroP~ental Health
InformAtion Relativ~ to Plan Examination
The examination of plans and specifications for water supply,
sewerage and plumbing systems is made to provide information concerning
the sanitary features of projects presented for consideration in accord-
ance with Regulations 10873 and 10904 of the State Board of Health,
The approval of such plans is given upon the supposition that the survey
and other data on which the design is based are correct, and that neces-
sary legal authority has been obtained to construct the project. The
responsibility for the design of structural features and the efficiency
of equipment must be taken by the engineer or architect who designs the
project.
liJater supply plans are examined 11ith regard to the location, con-
struction and operational features of the design and maintenance of all
parts of the system which may affect the safety and sanitary quality of
the water. Examination is based on the standards contained in the Manual
of Water Supply Sanitation.
Plans of sewage disposal systems considered by this Department are
limited to those systems that can utilize soil absorption. They are
examined with regard to the features of design which concern location,
construction, operation and maintenance of the system and which may
affect the public health. The examination is based upon the bulletins
entitled, "Tentative Standards for Design of Small Sewage \\Torks, If
July 1962, and the recommended "Ordinance and Code Regulating Individual
Sewage Disposal Systems, 'I 1962.
Plans on plumbing systems are examined only insofar as the provisions
of the l~Ii:rLflesota Plumbing Code apply..
The State Board of Health reserves the right to withdraw its approval
of plans if construction of the project is not undertaken ~"ithin a period
of tvlO years. The fact that plans have been approved by the State Board
of Health does not necessarily mean that recommendations for alterations
or additions may not be offered at some later time when changed conditions
or advanced knowledge make improvements necessary.
!\i ,..1 \/ ,,-\ :; ~ Q 67
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, l\: ' , I::;j r (11: U EALT H
"I C.'i. iJ;_1 t. d; n
DiV. OF Ef'~V. HEALTH
:y
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j~ The U nd e l~S .:1..g11G d fltl~.'tlle r p !"\oposes ""GO execute "t~he COr1t1:~act Agreec=
'"'t~
meilt; a11d to fUl~!1ish satisf',actol~~Y carla YJi i ~t. hi n "~en f'10' da,~js a,f;fter~
\ ~~, )
not~ice -~ "the a7J1Ei:t"";e ~ _':'I CO!1~G rac t~ llEtS been ree ei v"ed 0 jl'jr~ ,0 Undei~s igk1.ed
u...~ UJ.. ~...,o:._
fltl~t11er~ proposes ~GO begin t~ork O$S specified, .to cODlplete th's ~~lork
01" or before date speci:fied !J and 1;0 maintain aJt; all t i ~!les a~ C011tl~8<!Ct;
,,""q Borld $' approved by ~tl1e ,?\T ill $.,g e. , :Ln an amO~ln t~ equal to ",~ l"'Q t 01;, al bidQ
V.&~>;"I
f:.~" AcCOmpal.lying t11is p~opo8aJ~ 1~ tIle Bid See U l"it y reauij~ed --GO be
dO _t:..o<
furn:tshe.d oy tr16 COll"";; l'1e~:c ~c DOCUJllen"'GS !) tile s ~Xlle bein,g stlbjec"t to
fo;~"feit U..l~e :1.11 event o.~ det au. 1 t b~l .f-h - lJ!1.der.s iglleoo
~ " J.. u__t
6,~ ~ Bubrni ttirlg .this 1):r"oposa2, it is u.ndeI~stood .!chat trls right
is re.ser.'l'ed by the 01ri11 erJ to l~ejec "t a~ny a/i~r1 a.,J~l p 2~OpOS s.J,ls "'t.o
"''''''''''''
.~\j a~ ve i tlforlllEtl.j... ?t; iea 0
1'7' lJl stlbxni t~JGj_ilg i;his oc{jh e Urloersigl1,s'd ac }:;:nOif le'dges
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ADDENDiJI\:! NO" czo"" DEe 6
~-..:.._._...:.~._..~.~ ~. '~._..<:"..: .~.__ .... >;r_ 1967
~ro MINN. DEPT. OF HEAL TH
C OfifTRA c'lr DOCilJr/iElfrS DIV. OF ENV. HEALTH
?... >r.;:- .~....
~~ FOR
~o 5, fJ!!l~L5ro!~~I~~!=:O!EL~V ATED It!ii/fER TFlrr:t{~
AIlD
l~PPURTENi\N'T \~rORK
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s~te.el. A-P cons ..true ':c1 on
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sUl;>ported l~ise:r~ I)
Page 1 of 3
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i
t SOIL ENGINEERING SERVICES" INC~
615 NORTH COUNTY RD. 18 MINNEAPOLIS, lv/INN. 55427 · 544-2739
~ -
---------- --------- ----
J. S. BRAUN. P.E. ,-,h.:tober 18, 1967 ~ , It"
Orr-Schelen-Mayeron & j\s S oc i ate s ~, ( eI
1104 Cllrrie Avenue
Jv1inne ap 0 1 is; fvlinnesota 55404
i\.ttn: Ivi T .~ n .Jill. .. 1\1ittelsteadt s P~Ec
Do
Re: 67-27 SOIL BORINGS
Elevated \Vater
ft.l. -'1 e N 0
Gentlerrien:
Pel" YOLIT" request t \tJO soil borings have been taken on the a.bove
referenced site n oTcler to e\Tal Lla te foundation conditions fa r the
proposed~ 1 c 5 mil ion gallon elevated water tanko
TIle center of the tank had been staked and you then requested tviO
'hO-ril1crS on a 45-foot radius 0 The bor ings f~lere then taken at the
~ A :: ~ ~ ~"\ M" described on tIle attached soil boring log sheet. Surfa..ce
J.. 0 Ca. .~ 1..0 ;u. s
ele1lation.s \vere referenced to tIle centerline of County Road 18 due
ipIeS t of the center of tile tank;; vl}li eh "\vas o..ssumedas eleilation lOO1JO,
The borings \tJ"ere taken, on October 1 '"7 and 1 8, with a truck-mounted
........ j
core and auger drill equipped -viith hollo-v'J-stemaugers.(t 0 Sanlples ii/ere
obtained with the standard 2-incf1 OD split samplerj dri v-en by. a 140-
pound hammer falling 30-inches, thru the hollow-stem augers~ B 1 01'lS
per foot of penetration (BPF) l/'le re recorded; The hollow-stem augers
then eliminated the driving of casing and the use of jetting \~later,
lYfineral soils encountered in. the boring were visually classified In
accordance with the U.So Bu"reau of Chemistry' and Soils Classification
S)TstemC! _A copy of that chart 15 at tacl1ed ~ Some soil samples 'viII be
retained in this office for a period of 60 clays to be available for
exaluina t ion 0
OUR LETTERS AND REPORTS ARE FOR THE EXCLUSIVE USE Of THE CLIENT TO WHOM THEY ARE ADDRESSED. AND THEIR COMMUN1CAT!ON TO ANY OTHERS.
OR PUBLICATION OF STATEMENTS, CONCLUSIONS, OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED. PENDING OUR VVRITTEN APPROVAL.
SO R I N G S · TES T S · j N S P E CT ION 0 A N A L Y S IS. R E PO R TS · R E COM f\~ END A T ION S
67-277
OrT~Schelen-Mayeron & Assoc. -2- 10/18/67
Immediately after completion of the final boring, both of the borings
\-vere probed to check for the presence of ground water,
RESULTS
Logs of soils encountered and penetration resistances are plotted on
the attached soil boring log sheetc
Boring ST-l encountered a fine to medium sand between the 44 and 50-
foot termination depths, Boring ST-2 encountered a fine loamy sand
with a little fine gravel between the 19 and 34-foot depths, and a
medium sand with a little fine gravel between the 34 and 50-foot
termination deptho Above these materials, generally cohesive soils
were encountered. These cohesive materials included clay loams~ sandy
clay loarns, al1d sandy loams ranging from non plastic to plastic~ All
of the materials encountered thruout these borings were brown in COIOT;
Penetration resistances recorded in the two borings were a minimum of
16 BPF, and ranged upward to 62 BPFo
Water was not encountered in probing either boring ST-l or ST-2 to the
35 and 23-foot depths respectivelYll Both borings had caved-in at that
levelo Judging from the moisture content of the samples obtained from
the borings, water would probably be expected at about ele'\lation 6Son
the assumed datum.
RECOldl~El/DAT IOlvS
We understand that a IDS million gallon elevated water tank is to be
built at this site and footings will be on the order of 6 feet below
gradeo
Based on the Tesults of these two borings, it appears that footings
could be designed for an allowable soil pressure or 5000 pounds per
square foot and the resulting safety factor would be above the normal
3 0 0 0
Based upon the results of probing of these two borings, it does not
appear that ground water difficulties will be encountered.
If we can be of further assistance, kindly contact us at your convenience~
~ Very tr~ly yours,
~ CJ
~_~~~RING SERVICES, INC.
;< ., ~vAA.A
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~, ~Uil, fl.E.
JSB/DLG:mlk ~lS Engineer
Enclosures SOIL ENGINEERING SERVICES, JfJC-
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SOIL ENGINEERING SERVICES, INC.
LOG OF TE S TS 0 RI N G S -=---.~::---::.==:::l=~:'--==~-,---
6 7 - 2 7 7 = "--=~::~_-==:~~-_-:==~
PRO J E C T : E 1 e y ate d \V ate r T An k
~OCAjION: E of Co Rd 18 @ 29th Ave No
Ne\4 Hope, fv1innesota VERT f CAL SCALE: 1" ::: 6'
.~
, S T - 1 II S T - 2
45' radius @ 2250 Azimuth I 45' radius @ 450 Azimuth
jE P T H 'IBPF I OE P T M -. BPF
o Surface Elevat~on = 105. 6*. .1 0' Surface Elevation = 100. 9*1
Sandy Loam, slIghtly plastIc I Clay Loam to Sandy Clay Loaml
t? plastic, \-vith a little I". brown, .. ~ I
FIne Gravel, . moist I
b r~wn , . ~ (ve ry~ 5 t iff) ..L
mOIst 51 I UJl
(very s t iff) I II
8' 36 1~8
an y Clay Loam to Clay Loam, L I f3
.with a little Fine Gravel, '391 G.o..
I b -.1. own. ,Iii
mo i s tl 12 t . '_
.'1 (very stiff) 32. '.1 ..1. Sandy Loam, non plastic to 1.~~6
.., ,I I ~ ~ i gh t 1 y . P 1 as tic, wit h a ~
.1. .Ai I 11 ttle FIne Gravel'I-U
I b r 0 \\7 n , ,
I Jj moist I
o , ~ I
1 0 . . .- (v e Y)' S t iff)
ISandy Loam, SlIghtly plastlc,_ I 19'
I' br~wn,. ~ Fine Loamy. san. d ~ \\71." th a .1." 21
mOIst . I little Fine Gravel, I
(very stlff) :1 ,i bro\vn, .'
moist I
J:i" 'Z .' ( ill e d i urn ) ..1-,.. '.,
rll II ~ ~
I I!
2 9 f I I
tsandy Loam, non to slightly ["42.1 I .G-o-
Iplastic, with a little I II I
.IFine Gravel, and a few thin Ii,' '1'.'
S a11 dIe n s e s ,
brown, 34'
m..Oist 3 I..... l'v1edi.um SaIld, \~iith a little
(very stiff) . Fine Gravel,
**Water not encountered in i brown,
probing boring to 35' depth-- ~I wet
ca\red-i11 at that le\Tel. .' (medium to very dense)
22 . 36
*Surface elevation referenced 0 cerl erli11 of County RO::ld 18 due hest ,---
of center of tank, assumed as . levai.on 10 .0..'1
I
44 ' I I
Fine to ~'1edium Sand, LA.:Ls 62
brown, I **Water not encountered In
moist to wet probing boring to 23' depth--
(medium to dense) .~. .., . ca\Ted- in at that level.
50'1 ;.., 50' I ..,
~~ I **
SOIL ENGINEERING SERVICES INC.
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SILT-SIZE FRACTION IN PER CENT
SOILS
TEXTURAL CLASS IFICA TION CHART
ADAPTED FROM U.S. BUREAU OF CHEMISTRY AND SOILS
SIZES OF SOIL SEPARATES
FRACTION PARTICLE OJ AMETE R
SANO------c=$c=3 FROM 2.0 TO 0.074 MM.
S I L T _.._c=o<=mc::8-==~FROM 0.074 TO 0.005 MM.
CLAY __~=a__~_~ L.ESS THAN O.OOSMM.
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Contract Documents .-/v,t'zLL 7
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FOR av~& c:-.--'
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'~ i , 1.5 Million Gallon Elevated Water Tank
r'l
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. .
iJ AND
1 Appurtenant Work
1 . . FOR THE
.~
VILLAGE OF NEW HOPE
MINNESOT A
~ WATER IMPROVEMENT NO. 194
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ORR-SCHELEN-MA YERON & ASSOCIATES, INC.
,t CONSULTING ENGINEERS
't
~ MINNEAPOLIS, MINNESOTA
1~
.... ;)
Date: October 30, 1967 Set No.
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U"'0 L,:;l , L
Of:^6 1967
lot,.,
M ' f" :\1 f) E P T 0 F tl F A I T H
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DIV. OF ENV. HEALTH
C:;)
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'~ABT~ OF ..c.~~~
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;Se(~tion
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Ins':Gr.uctions to Bi.dders
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INSTRUCTIONS TO BIDDERS
Table of Contents
Article Page
1. Examination of Plans, Specifications and
Site of Work 1
2. Bid Secu.I'i t~l 1
3. Contract Documents 1
4c 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
90 Withdrawal of Proposals 2
10. Public Opening of Proposals 3
11. Disqualification of Bidders 3
12;1 Eqllipraent 3
13~ Furnishing of Evidence of Responsibility 3
14. Requirements of Contract Bond 3
150 Failure to Execute Contracts 3
INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF PLAI'lS~, SPECIFICATIONS AND SITE OF WORK
The bidder sha,ll examine to his satisfaction the quanti-ties of
work to be done as determined from the plan~ and specifications.
Quantities indicated by the Engineer on drawings or elsewhere are
estirnated only, and bidders must rely on their own calculations.
Bidders shall be thoroughly famillar with the Contract Docwnents
including all General Conditions, Special Provisions and Special
Conditions~
Bidders shall inform themselves of the character and magnitude of
1-'Jork and the condi tions u.nder v'lhich the "lork is to be performed
concerning the site of the work) the structure of the gro~nd, the
existance 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 and installing construction plant and equipment and
all other relevant matters pertaining to the complete execution of
this contract 0 No plea of ignorance of conditions that exist or
that may hereafter exist, or of difficulties that will be encount-
ered in the execution of the work hereunder which result from the
failure to make necessary examinations and investigationsJ 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 require-
ments of this contract, or 1tlill be accepted as a basis for any
claim whatsoever for extra compensation or for an extension of time.
No bidder may rely upon any statements or representations of any
officer, agent, or employee of the 01tlner \vi th ~eference to the
conditions of the work or the character of the sailor other hazards
which may be encountered in the course of construction.
20 BID SEC1JRITy-
Each bid_ s]:1allbe 8~ccompanied by- a cash deposi t, certified or
cashierts check, or bid bortd with a corporate surety in an amount
at least equal to five (5%) per cent of the total amount of the
base bid, payable to th~ ~~ner as a guaranty that the bidder will
enter into a contract vlith t,h.e O\tJnel~ for the 'VJork described in
the proposalJ and the amount of the bid security of a successful
bidder shall be forfeited to the Owner as liquidated damages in
the event that such bidder fails to enter into a contract and
furnish Contractor's bondc
3~ CONTPiliCT DOC1JMErJTS
The Contract Doclunerlts 1,Qill consist of the Adv-ert.isement for Bids,
Instructions to Bidders, General Conditions~ Special Provisions,
Special Conditionsj Proposal Form, Form of Contract and all plans
and d.I'a,illings c These dOCUInents are 011 file vJi th the OVJner,
40 PRE PA R.AT IOl'J OF PROPOSAL
The bidcler shall su.brfli t 11i-8. PI'oposal on the forms provided. by t,f1e
- 1 - IB
Engineer wi thout removi.t1g them from the bound Contract Documents 0
He shall also submit a duplicate proposal on the additional un-
b'ound fO':rnls provided by the Engineer 0
The b.1ank sp.aces in the proposa..ls shall be filled. in correctly
wi th ink where indic"ated for each and every item for which a
quanti ty is gi ven, and the bidder shall state the prices fOl~ which
he proposes to do each item of the work contemplatedc
The bidder! s propcJsal shal.l be sigrled correctly wi th inko If the
p'<rup-o'sa'l is made b~lan indi \lidual, his r.lame and post office
address shall be showno If made by a firm or partnership, the
name and post office address of each member of the firm or
partnership shall be sho1JJno If made by a corporation, the person
signing the proposal shall show the name of the state under the
law of which the {:;orporat.ion \vas chart.ered and names, ti tIes and
business addresses of the Presi.dent., Secretary 3 and Treasur"er"
All bids from Corporations shall bear the official seal of the
Corporationo
50 CONDITIONS IN BIDDER'S PROPOSAL
The bidder shall not stipulate in his proposal any conditions not
provided for on the proposal forme
60 INTERPRETATION OF ESTIMATES
The Engineer! s estima,t.e c,f ,quarrti ties as shovln in thepropo'sal
shall be llsed as a b.asisof calClllation upon \llhich the a\vard of
contract. 'will be made, bttt. t,hese quanti ties are not guaranteed
to be accurate arldw are fD~rnished llli thout any liabili ty on t:he
part of the Owner 0
7. DELrvERY 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
Owner, as shown in Article 2 of the Special Provisionso Proposals
may be mailed or submitted in persouQ No bids will be received
after th,e -time set. for~ rec:ei\Tirlg t~hemo Bids arriving by m&il at
the office of the Owner aftBr the hour designated for receiving
bids will be returned to the sender unopened 0
8e REJECTION OF PROPOSALS
Proposals may be re"jected if -the:v sho\i\T any omission, alteration
of form, addi t.ions not c8Jlled f"o:r ~ contji tior2.a,l bids or al te'rnate
bids not. specified or ir:reg'ulari t,ies of arlY kind 0 Proposals in
"tvhich the pri.ces a,r\8 (J~b\lic)lIS1y. 'Ctnbalanced may be rej ected 0
90 WITrlDBAWAL OF PROPOSALS
A bidder may withdraw his proposal without prejudice to himself,
provided he files a written request with the Owner b~fore the
hour of letting, and such thdraJtJn pr~oposal lllay be rI10dified
and resu_bmi,tt.ed ~O~l t.he 'bidwd.sr at~ a~rlY ti:m.e prior t,o the hour
set for the opening or bidso
........ IB
- ~ -
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 "Ad'vertisement If.
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 consideredo 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. EQUIP:MENT
When requested by the Owner, t-he 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 RESPONSIBILITY
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
'ttJork of siIl1ilar nature performed wi th dates of completion thereof /I
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 proposalo
14. REQUIRE:MENTS OF C01TTRA.CT BOND
The successful bidder, at the time for the execution of the con-.
tract shall furnish and at all times maintain a satisfactory
and su.fficient bond in fo.11 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 0
15. FAILURE TO EXECUTE CO~TTRA.CTS
Failure to furnish the contl~act 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 a1~Jard, the amount of the guaranty deposi ted
with the proposal shall be retained by the Owner, not as a
penalty, but as Liquidated Damages.
- 3 - IE
",
GENERAL CONDITIONS
TAELE.OF' CONTENTS
Article rage
4 In Gen,e ral 1
2ft Definitions ~
3. Interpretation of Proposal Contract Docuaents 2
4a Form of Contract 2
5~ Contractor's Insurance 3
6. Compliance with Laws~ Building Codes and 4
Regulations
78 Permits and Licenses 5
8. Assignment of Contract 5
90 Sub-contracting 5
100 Contractor's Respensibilities ~
110 Termination of Contractor"' s Responsibili ty
12. Prosecu~1on of Work 6
.....'
1~0 Limdtations of Operations 7
1~f1 Conformity with Plans and Allowable Deviations 7
15.6 Co-ordi11at.ion of Plans and Specifications e
168 Contractor! s Right to Request. 'Changes
170 Alterations of Plans or Character of Work 8
18e Increased or Decreased Quanti ties of..\iDrk 8
19b Changes in the Work 9
206'1 Claims. and Protests 10
-21", Superintendence and Supervision 10
! 22~ _i.neer~ s status 1,1
I
2~/) Inspection of Work 11;
2 e Delays and Extension of Time '. -" 12
.250 Oorrection of Work before Final Payment l3
26t) Corre&tirm. of "Jark after Final Payment 13
2~e Failure to Complete Work on Time 13
2 0 The Right o.f~:-'the Owner to do the Work 14
2~@ Right of Owner to Declare Contractoroin Default 14
306 Exercise ~, the Right to Declare in Default 15
31@ Quitting the Site 15
32& Completion of the Work after Default 15
33~ P'art.ial Default 16
340 Scope of Payment 16
3~t) Applic~tio~s for Payments 17
300 Partial Payments 17
37<) Certificates of Paymentp 18
38& Payments Withheld 18
~ge Final Inspection 18
Oa Fit~l PG1~ymes.Tt}t 19
410 No'Waiver of L~gal Rights 19
420 Defense ~",._C~ims of Sui ts 20
""~-=-
~
\"
I
Article Page
430 Patented Devices, Materials and Processes 21
41+0 1v!aterials 21
450 Defective Work 23
460 Protection of the Work 23
470 Damage to Existing Improv~ments 25
480 Protection and Restoration of Property 25
490 Privilages of Contractor in streets, Alleys
and Right-of....Way 26
500 Wor~k in storms 27
510 Night, Work 27
520 Use of Rxplosives 27 "
530 l'loise El'imination 28
54v Water~ 28
550 Sanitary Provisions 28
560 Fossils 28
570 Accident Prevention 28
580 HO!t; Equal!~ Clause 28
590 Labor 29
600 ,Di8crJimination on .J.!\ccorunt of..Rac~3 Creed;\ or 29
Color Prohibited in Contract
610 Sites to be Kept Clean 29
62~ IvleaSll,remel1 t s 30
630 G'll,a..rarltee 30
I
.-.
,.
GEI{ER,.AL C01JDITI01\JS
~ ..~~....j;j;~u4+
V~IL~li;GE .O~ HOP?; IVII~\Jl\fJSSQT.A
1 .~ I}J GE}JERi}..L
:y:.,,:,~-..oc~:~~_~.4:~~=~~.z-
~~e sta~~ard form i~f.c~~:~e Amerj_can Ingt i te of 6~~~;'~~~~~~~S :}4r~~~i~ ~ed
1 to inclusive, lS ifieati0DS, except that
~~;~ i~~l anyi~~a~:::~~~ of the n pr>ece!~~n~~e o~~~t~~~t n
and shall be used in connection -the Contract
Documents. A copy of these General the Contract 18
on file in the Engineers' Offices and is ject to inspection by
this Contractoro Unfamiliarity with the terms of these General
Corld.itic:<.clSo1~ tile, tJorltl~aet 1lJl~Ll :(-e t:11is Cf)XTtract.or~ oftl1e
ter111SCorltal11ed tr1ere ill {;; Tl1-18 ltJ ..D:.rlcl~li t>ect tt .lrl t 112 Gerleral
C:ondi.tiol1S of tYle C011tr~act shall "be cOIJ.str1...1ed. .to mean the same as
" Erlgil1.eel-.i! in ~tlli.s s~oeci:f'icatiorlc
~ -
2 0 DEFI.l'~J='J:IOl~:S
i::,::~~~~~~;O.~~
'/111e11 l..1sed 11'1 these SI)ecific;at a11c1 C()Ylt.raet trle folloVJi11g
terms, or if pronouns in place of them are used, the intent and
meaning shall be interpreted as follows:
a lIlea'rlS tfleH'ope~, rflirlnesots..i>
lnecn~s .t:lle \; "Clllg Er1girleers as designated for
r, in this case Orr=Schelen~Mayeron
& Associa S j apolisJ Minnesotao
~ an authorized representative of the Engineer,
or all necessary inspections of the
anct tIle rIla terial.s f-ctrnisll.8cl by theCon=
d testing laboratory which may be approved
ct ae suitab l~Y
\~ e ()l~ctt i()11 S l.-1.bnl :Lt t illg_~a
ac~ directly br
Ol~a. t i ()ll vV' i t11
isespecified
6 form on which the
~priOrJ i:)S 8.1
()1~o 1:.e}.}r~{J{Jl1c t 1011 ()f' dJ~a1j'l ings)
JG 1'1 e V:J': () 1-: Ie a 11d~a l:)~01J..r t e =~
cor:d.ii''cloD.S Q l)rovisiorls al~d
togetrler \i;lith a.l]4 v~f-ri ttren -
the method J
Ql12.l1t.:ities .
C()lltl-;8oC t
-- ti C,
. , " . . ,', ,';~.;:f ,:,;" <:.i:A:..~ ~'E:'1 .
~ t ~
(j.) "Proposal ti J the written Pr)oposal of the bidder on the Form
. furnished for the ~lork contemplatedt~
(k) '"Proposal GuarantyH the security designated in the Prop'osal
. to be f~rnlshed by the Bidder as a gurantee of good faith
\to enter 'into a contract w lth the Owner)' if the work is
awarded to him~ '
(1) f'Contra'ot t1:1 the~reement covering the performance of the
vlork and the fur:nishing of materials in the construction
of ,the work,~ 'The Contract shal,l include the "Contract
Documentsl1 and HContract Bond It, also q.ny and &11 supple-
mental agreements which reasonably may be required to .
complete the construction of the work in a substantial .
and acceptable mannero
(m) tlContract Bond t!} the approved form of 'security furnished by
the Contractor and his Surety or Sureties as a guaranty
of good faith on the part of the Contractor to execute
the work in accordance with the terms of the Contract$
(n)' "Surety":/ the individual or co'r'p'orate body which is bound ..~
with and for the Contractor for the acceptabl~ performance
of the Contract and for his payment of all obligations
pertaining to the work
(0) The term "~t/orklt of the Contractor or sub-contractor includes
labor or materials or both ~
(p) ,tlA,:S,~T M"u, American Society for Testing Mat,erialso
(q) Meaning of expressions In order to avoid cumbersome and con-
fusing repetition of expressions in these specifications,
and whenever it is provided that anything is, or is to be
done) if) or as~, or 'ltihen) or lflhere ltcontemplatedttJ f1re-
qu ired H ;; "d ire c ted II, 11 spe c if ied ii j fj author i zed U J II orde red 11 J ~
"givenr1, OdesignatedU, nindicatedti) "c~onsidered necessary",
Ilpermittedff, t!suspendedtlj tlapprovedllj "acceptable", "un-
'acceptableU; IIsuitablenj !!unsuitablel!" Hsatisfactorytl)'
"unsatisfactoryH} or nsufficientf1j it shall be taken to
mean and intend, by or to the Engineer~
3 ~ INTERPRETATIOI\I OF PR,OPOSEDCONTRACT DOC'UMENTS
~tf any person contemp'latirlg submitting a bia for the proposed
contract 15 in doubt as to the true meaning of any part of the plans,
specifioat~ons or 'other proposed contract documents; he may submit
to the Engineer) a written request for an interpretation thereof:;,
,The person submitting the request will be responsible for its
prompt delivery i A.D-Y in,ter'pretation of the proposed document's
will be made only by addendum duly issued and copy of such addendum
will be mailed or ~elivered to each person receiving a set of such
contractdocu,ment,sand sucn other pr4Qspective bidder as have
requested that they be furnished with a copy of each addendum~
The Owner will not be respon-sible for any other explanation or
interpretations of the proposed contract documents~
4~ FORM OF CONTRACT
The Form of Contract to be used shall be the form prescribed and
provided by the, Owner in the Contract Documentsb
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5. CONTRACTOR'S INSURANCE
No Contractor nor sub-contra,ctor shall comrnence vJork under this
contract until he has obtained at his own cost and expense, all
insurance required by this Article, such insurance to be approved
by the Owner and maintained by the Contractor until final
completion of the iJJork. Completed Operations 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 Workmenls Compensation Insurance and
Employerls Liability Insurance as shall be required under the
laws of the state of Minnesota.
B. General Liability Insurance
(l) 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 Pro-
perty Damage arising from operations under this contract. The'
minimum limits which are required are: $200,000 for injuries
including accidental death to anyone person, and $500,000 for
injuries including accidental death resulting 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, ~orrowing, filling,
backfilling, tunneling, .,-pile driving, coffer~dam
work or caisson work, or,
(2) To moving, shoring, underpinning, raising or demo-
lition uf any building or strucure or removal or
rebuilding of any structural support thereof
(1:5) Injury to or destruction of wires, conduits, pipes,
mains, sewers, tanks, tunnels, any similar property, and
any -apparatus in connection therevJi th, 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,
ufilling, back-filling or pile dri ving 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.
- 3 - GC
(2) Automobile. Insurance
The Contractor shall carry Automobile Insurance on all
automotive equipment owned, rented or borrowd in the minimum
amounts of $200,000 for injuries including accidental death
to anyone person and $500,000 for injuries including death
resulting from anyone accident. Th~s policy must also
provide $100,000 Property Damage coverage.
(3) C.ontractual Liabili ty Insurance
'The Contractor agrees to hold harmless and indemnify the
Owner, 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-Is operations on this project.
'4 O"t'Jner r s Protecti ve Liabili ty and Property Damage "Ins urance
T e Con rac or s a provi e Ownerts Protective Liabili y
and rroperty 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 operations performed for
the named insured b~l inde"pendent - contractorsB.nd general super-
vision thereof.
c. Build~r'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, extended
coverage, vandalism and malicious mischief, such insurance shall
be proc ured and maintained by the Contractor in behalf of
himself, the OvJner and his sub-contractors, on a complete value
formo
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 Owner. 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 bl~sting, collapse and
underground hazards, and
(c) The contractual liability hazard has been insured.
6. COMPLIANCE WITH LAWS, BUILDING CODES AND REGULl-iTIONS
The Bidder is assumed to have made himself familiar with all
- 4 - GC
-"
~
. . Codes~ state Laws, Ordinanees and Regulations which in any manner
affect tho~e engage~ or employed in the work, or the materials
or equipment used in or upon" the improveaent, or in any way
affect the conduet of the work and no plea of "misunderstanding
rl11 be,conlidered on account of the ignorance thereofo The
prOvis1GnJI of: such codes, laws or ordinancel are deemed to be a
part of these specifications and the Contractor will be bound
by the prov1~i;~athereofG
The aont~ctor. shall and al~o by a Surety agree to indemnify and
saveh~e3z the ,owner and all of "its of.ficers, agents and
serv-~ts against ~ claim or liability arising from or based
on ~he viol.ation of any such law" ordinance, regulation or
decrees?i Whether by himself or his employees 0
If the Contractor shall discover any provisions in the Plans,
"Contract~ or these Specifications or. any. direct~on of the Engineer
or !rl~pector which is contrary.to or inconsistent with any such
l&wj)o~inance$t regulation or decree; he shall forthwith report
its inconsistency to the Engineer in writingo
+E: P:ERMITS AND .LICENSES
'..4> e Contrac;tor sh!Ul procure all permi ts and licenses!) pay all
charge~ ad fe~s and give all notices necessary and incidental to
the due arl,d lanul prosecution of worko
80 ASSIG:IXENT OF CONTRf.\CT
No a.ss71gnment by the Contractor of any principal construction
contraet or,' any . part thereof. or of the funds to be received
th.reunder by the Contractor, ~ill be recognized unless such
a.lignm.enth&~ had the written approval of the OWner, amd".;the
iu'rety . .~~b.enii ven due notice ofsuehaalii~t an'd. has
furnishedwritteneonsent thereto 0 In addition, to the usual
F~1tal:. ':b1 ~r:!"1giOtent contracts, the follOW-ing language must be
~et forlbg
~:l:t is ~:reed that the funds to be paid
to the ~.t5ignee under this assignment
a~~ liubject to It prior lien for services"
r~de~e4 or materials supplied for the
perle~nc.of the work called for in
Jia1d~ontra,et 1Jlfavor of all persons,
fl~ or COJ:po,rations rendering such
sfifrrl~e!B or" supplying such materials 0 It
tI S.UB=CO~CTmG
.' :':1~uli~<:_tri~tct,03Ihal;l be subject to the approval .of the Owner
&rid th@ mgineer and n.o sub=-contract5 shall be let without such
&pprov~lo
100 COJlrBACTORR S RESPONSIBILITIES
~e Cont~tor shall.furnish all necessary machinery, tools, labor
- 5 - GC
and m~terial of every character r~quired, and shall fully complete
the work in accor4ance with the plan, specificatiBns L~d detail
drawings, for the price!sbidc The entire work to be performed
under the contract for this improvement is to be at the Contractoris
risk, and he is ~o assume the responsibility for and risk of all
d~ages to the work or to property adj~cent to or on the line
of said W'orko The Contractor shall have charge of and be responsible
for the entire improvement until its completion and accepte.nceo
He shall be liable for 3.ny'defects which may appear or be discovered
on hif5" worko
:
Whenever the C€i>:atraetor is not present on the work, directions
will b@ given to the Superintendent or Forem~n who m~y h~ve
immediate charge thereof, and &hall by him be received and strictly
obeyedo The Contractor shall designate one person who shall have
charge of t.he job and to whom. the inspector ~hall gi ve directions II
If any person employed on the work shall refuse or neglect to obey
the directiong o.f the Engineer, or hili duly &uthorizedrepresenta-
tivej in anything relating to the work, or $hall appear to be
incomp~tentj eiilioraerly or unfaithful, he sha.ll, upon the request
of the Engineer~ be at once di8charged and not a~ain employed upon
any p!lrt of the work.o'
110 TE~~NATION OF CONTRACTOR~5 RESPONSIBILITY
Except ~}j othenlise provided for in theie :specifica.tions &nd in
the ContractorE$ Bondj the ContractoriB respon3ibility on his
contract ~h~ll continue until final acceptance of his work by
the Engineer3 ~uch ~cceptance to be made pr~ptly after fin~l
co~plet1on of the work, ~nd thereafter until all obligations
contained in ~uch contrac~ shall have be~n fully performed by
the Contractor, according to the terms of the contract 0
120 PROSECUTION OF WORK
All dealings or".'the Owner will be wi th the Contractor 0 No work
shall be started until the Contract has been executedo
Definite notice of intention to start work shall be given to the
Owner at lea8t fiv~ (5) days in advance of beginning the workQ
Such starting ti.e $hall be within ten (10) calendar d&y~ after
the date of receipt by him of netice to proceedo The, official
~t~rting time .hall be taken as the' date on which the Cori.tractor
i~ notified by the Engineer that he h~a fulfilled all preliminary
r~quirements of the Owner 0 The official completion date will be
calculated from the number of calendar daym between the ~t~rting
d&te and t~ completion date or time allowed for completion,
u~ing th~ 6ffici&1 st~rting date &8 hereinbefore definedo Should
the prosecution of the work for any re~ion be discontinued
temporarily, by the Contractor, with ~~con8ent of the Engineer,
he sh~ll notify th~ ~~gineer at l~&mt tw~nty-rour (24) hours
tlefore ag~in re:stWing operation~ ()
The Contractor ~hilll ~ru.bmi t, at such ti.e~ ai may reasonablt' be
- 6 - GC
requested by the' Engineer, schedules which shall show the order
in which 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 partso If
deemed necessary by the Engiheer, he shall have the right to
change such schedule of operation as required 0
The work shall be prosecuted in such manner as to insure its
completion within the time set for it in the Contracto 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 contractor to place in operation
such additional force and equipment as is deemed ,necessaryo
130 LIMITATIONS OF OPERATIONS
In' case of a dispute aTising between two or more Contractors
engaged on .the same work, as tq the respective rights of each
under these Specifications, the Engineer shall determine the matters
at issue and shall define the respective rights of th~ various
interest involved, in order to secure the completion of all parts
of the work in general harmony, and with satisfactory results,
and his decisions sha~l 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 t~e partieso
140 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS
No deviation from the plans for the work or the approved working
drawings of the structures will be permitted without the written
order of the Engineero
150 CO-ORDINATION 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 Specificationso
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 0
Any ambiguity or discrepancy in the Plans and Specifications shall
be adjusted by using the best class of work or materialso
LA the case of any discrepancy between the scale and figures on
all plans, drawings, etco, 'the figured dimensions shall governo
In the case of any discrepancy between the quantities shown in
the proposal and those shown on the plans, the plans shall pre-
vailo In case any other discrepancy occurs between the plans
and these Specifications, the decision of the Engineer shall be
decisive thereono
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160 CONTRACTOR'S RIGHT TO REQUEST CHANGES
If the Contractor shall discover prior to or during construction
anything in the plans or specifications or in supplementary direc-
tions by the 'Engineer which in the opinion of the Contractor
appears..'to be faulty engineering. or design, he shall forthwi th
advise the Engineer in writing of the particularso It is under-
stood and agreed that, if no objection 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 engineering or designo
:
170 ALTERATIONS OF PLANS OR CHARACTER OF WORK
The ~ngineer is given the right as the work progresses, to make
such alterations in the plans or in the character of the work
as may"be considered necessary or desirable, in order to complete
fully and perfect the construction of the wo~ko Such changes shall
in no way invalidate the contract 0
The Contractor will be informed in writing of all or any such
alterations in character of work, before being ordered to perform
such worko After rece~pt 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 alterationso 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 0
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
cha~ge, provided such adjustments and changes do not alter th~
character, quantity or cost of work as a whole and provided further
the plans and specifications 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 0
18a 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, in-
cluding the elimination of one or more of such iteinso
Such changes shall in no way invalidate the Contract 0
The Ovmer through the Engineer reserves the right to terminate the
Contract as it applies to the item or items in question and to
make such arrangement as he may deem necessary to complete such
item or items of worko
- 8 - GC
No allowance for anticipated profits will be madeo
190 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 accordinglyo 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 writinga All such work shall
be executed under the conditions of the original contract, except
that any claim for extension of time caused thereby shall be
adjusted at the time of ordering such change.
The value of any authorized extra work or change shall be determined
for purpose of compensating the Contract in one or mO,re of the
following ways:
1) By unit prices names in the contract wherever such unit prices
are applicable to the extra work or changeo
2) By an acceptable lump sum proposed from the Contractoro
3) By force account paid for in the following manner:
a) For all labor and foreman in the direct change of the
specific work". tl1e Contractor w"ill receive the actual wages
paid for each and every hour that said labor and foreman
are actually engaged in sudh work, plus the cost of bond,
insurance, and taxes allowable to such wage cost, to which
cost shall be added 15% of the sum thereofo No charge shall
be made by the Contractor for organization or overhead
expenses 0
b) 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%) per cent of the sum thereofo
Where materials are not specifically purchased for "Force
Account" work, but are taken from the Contractor's stock."
the Contractor shall submit an affidavit of the quantity,
price and freight on such materials in lieu of original bills,
and invoicesCl This affidavit shall be approved by the Engineero
c) For any machinery, trucks, or equipment including fuel
and lubricants, wh~ch 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 in use on such work, and to which sum no
percentage will be addedo Such rental price shall not exceed
the rates established by the AoGoCo for this district for
comparable rentals and shall be subject to the EngineersY
approval 0
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d) The compensation as herein provided shall be received by
the Cont.ractor as payment in full for work done by"Force
Accounttt and said fifteen (15%) per cent for labor and said
ten (10%) per cent for materials shall be agreed to cover
profit, superintendence, general expense, overhead, bond
premiums, insurance and the use of small tools and equipment
for which no rental is.allowedo
e) The Contractor or his representative and the Engineer
or his representative shall compare records of work on a :
"Force Account" basis at the end of ea1';h day 0 Copies of
tn-e records shall be made in triplicate on ftForce Accounttr
forms, provided for this purpose by the Engineer and signed
by both partiesQ To all such claims for Force Account Work,
the Contractor shall attach receipted bills for, or affidavits
of, materials used and freight receipts covering 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 actually
performed and shall inciliude a,ll labor charges and material
charges insofar as they can be verifiedo
Should the Contractor refuse "or fail to execute the work as
directed, or to submit his claim as required, the Owner may
( withhold payment of all current estimates until the Contractor's
refusal or failure is eliminated, or after giving the Contractor
due noti,ce the Owner may make payment for said work on a basis of
a rea,sonable estimate of the value of the work performed 0
200 CLAIMS AND PROTESTS
If the Contractor claims that any instructions by drawings or
otherwise to be unfair or involve extra cost under this contract
for which he would claim extra compensation, he shall give the
Engineer written notice thereof within a reasonable time after
the receipt of such instructions, and in any event before
proceeding to execute the work, except in emergency endangering
life or ~roperty, and the procedure shall then be as provided
for changes in the worko No such elaim will be valid unless so
madec
210 SUPERINTENDENCE AND SUPERVISION
The Cop.tractorshal keep on his work during its progress a compe-
tent' superintendent and any necessary assistants, all satisfactory
to" the Engineer 0 The superintendent shall not be changed except with
the c9nsent of the Erigirleer unless the superintendent proves
unsatisfactory to the Contractor and ceases to be in his employ 0
The superintendent shall represent the Contractor in his absence,
and all directions given to him shall be as Qinding as if given to
the Contractoro Important directions shall be. confirmed in wri ting
to the Contractoro Other directions shall be so confirmed on
written request in each caseo
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&
The Cont'ractor shall gi ve efficient supervision to the work, using
his best skill and attention, shall carefully study and compare all
drawings, specifications and other instructions and shall at once
report to the Engineer any error, inconsistency, or omission which
he may discover, but he shall"not be held responsible for their
existence or discoveryo
The Contractor will be supplied, by the Engineer, copies of the
Plans and Specifications~ He shall have said Plans and
Specifications available on the work, at all times, during the
prosecution of the worko He shall give the work his constant
attention to facilitate the progress thereof and shall cooperate
with the Engineer in setting and preserving stakes:J bench marks~
etca, and in all other things that are necessary for satisfactory
completion of the work contemplatede
220 ENGINEERiS STATUS
The Engineer shall have general supervision and direction of the
work" He is the agent of the Owner only to the extent provided in
tne contract documents and as authorized by lawo He has authority
to stop the work whenever such stoppage may be necessary to insure
proper execution of the contr~cto He is recognized by both
parties to the contract as the interpreter of the contract documentso
He shall~ within a reasonable time, make decisions on all claims of
the Owner, or the Contractor, on all matters relating to the
execution and progress of the work, or the interpretation of the
contract documents~ The Engineer shall decide any and all questions
as to quality of material furnished for the work, and shall decide
allqu.est,ions regarding the interpretations of specifications or
plans relating to the work, and shall determine the amount ana
quantity of the several kinds of work performed, and materials
furnished, which are to be paid for under the contracto Any work
not specifically specified on the plans, but which may be fairly
implied, or understood, as included~n the contract, 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 fulfillment to the extent of the plans
and specificationso In the case of any discrepancy occuring
between the plans and specifications, the decision of the Engineer
is final 0
230 INSPECTION OF WORK
The Engineer and his representatives shall at all times have access
to the work wherever it is in preparation or progress, and the
Contractor shall provide proper facilities for such access and
for inspectiono
An inspector may be stationed on the work to report to ~he Engineer
as to the progress of the. work and the ~anner in which it is
performed~ also to report when it appears that the materials fur-
nished, or the work performed by the Contractor fail to fulfill
~lle requirements of the contract and to call to the attention of
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the Contractor any such failure or infringemento In case of any
dispute arising between the Contractor and the Inspector as to
the material furnished3 or the manner of performing the work,
the Inspector shall have the authority to reject materials or
suspend the work until such matter can be referred to, and
decided by the Engineero No advice which the Inspector may
gi ve 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 0
If the specifications, the Engineerts instructions, laws, ordinances,
or any public authority require any work to be specially tested or
approved, the Contractor shall give the Engineer timely notice of
its readiness for the inspection, and if the inspection is by
another authority than the Engineer, o~ the date fixed for such
inspectiono Inspections by the Engineer shall be promptly made
and where practicable at the source of supplYQ 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 Contractoris expense 0.
Re-examination of questioned work may be ordered by the Engineer,
and if 8'0 ordered,. the work must be uncovered by the Contractor6
, If such work be found in accordance with the contract documents,
the Owner shall pay the cost of re-examination and replacemento
If such work be found not in accordance with 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 which
event the Owner shall pay the cost.
24. DELAYS AND EXTENSION OF TIME
If the Contractor be delayed at any time in the progress of the
work by any 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 work, or by strike, fire
.unusual delay in transportation, unavoidable casualties or other
causes beyond the Contractor@s contro~, or by any cause which
the Engineer shall decide to justify the delay, then the time
. of completion shall be extended for such reasonable time as the
Owner may decide;; and the decision of the Owner shall be binding
on both part.ies and shall not be arbitrary or unreasonableo
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 Contractor shall
not be entitled to extension of time for each one of several
causes of delay operative concurrently, but only for the actual
period of delay, nor shall the Contractor be entitled to an
extension fo'r causes of delay if one of such causes for which
extension is authorized abov8o The Contractor shall have no
claim for damages against the Owner for delay in performance
of the contract due to any actor omission of the Owners or any
of i tsrepreserltati ves, arid his sole remedy on account thereof shall
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be his right 'to apply tC3 the Engineer for extension of time as
provided herein.
250 CORRECTION OF WORK BEFORE FINAL PAYMENT
The Contractor shal.lpromptly,remove '~ ~he premises all
materials condemned by the Engineer as failing to' con:(orm to the
contract., whether incorpot'atecl in the work or not and the Contractor
shaU prarn:ptly replace andre~exe,cute his own work in ,accordance
with the ed,ntr:act document~sand wi thoutexpense 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 0
All materials not conforming to the requirements of these specifi-
... cations shall be consid.ered as defecti ve and all such materials,
whether in place or not, will be rejected and shall be removed
immediately from the right of way, unless otherwise permittedo
No material which has been rejected, the defects of which have
been corrected or removed, shall be used until approval' has been
givene
If the Contractor does not remove such condemned work and materials
wi thin a re-asonable time fixed by wri ttennotice, the Owner may
remove them and maystore.the material at the expense of the
ContractorcIf the Contractor does not pay the expense of such
removal within ten (10) days thereafter, the Owner may upon ten
(10) days written notice sell such materials at auction or at
pri vate s;aleand shall account for the net proceeds thereof, after
decluctingal1 ,theeosts and expen.ses that should have been borne
by the Contractorf
260 CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final certificate, nor payment, nor any provision of
the contract documents, shall relieve the Contract-or of respon-
sibilityfor faulty material or workmanship, e.and unless bther\vise
specified he shall rem"edy any defects due thereto and pay for any
damage to other .1ftlork resulting therefrom which shall appear wi thin
a period of one year from the date of substantial completiono The
Owner s:hall give notiee of observed defects with reasonable
pro1nptnesso Allques:ti.ons arisin:g under this article shall be
decided by the Engineero
27() FAILURE TO COMPLETE WORK ON TIME
The Contractor guarantees that he can 'and will complete the \qork
within th;e time limi t stated in the 'Agreement, or within the
tim.eas . extended as provide'd elsewhere in the contract documents a
Inasmuch as the damage and loss to the Owner which will result
from the failure of the Contractor to complete the work within
the stipulated time, wi ,11 be most difficult or impossible of
ac-curate assessment, the damage to the Owner for such delay and
failure on the part of the Contractor shall be liquidated at a
daily rate in an amount. as specified in the Special Conditions for
each calendar day, Sundays and holidays included, by \vhich the
Contractor sh,all fail to complete the work or any part thereof in
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accordance with the provisions hereof, and such liquidated damages
shall not be considered as a penaltyo The Owner will deduct and
retain out of any money d"ue or become 'd~e 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 difference upon demando
Permitting the Contractor to continue and finish the work or any
part of it after the time fixed fo.r its completion, or after the
date to which the time for completion may" have been extended,
shall in no way operate as a waiver on the part of the Owner of
any of its rights under the contracto
:
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 Surety for
failure to complete the contracto
280 THE RIGHT OF THE OWNER TO DO THE WORK
~f the Contractor should neglect to prosecute the work properly,
or "fail to perform any provision of the~contract, the Owner after
three (3) days written notice- to the Contractor, may without
prejudice to any other remedy the Owner may have, make good such
deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor, provided, however, that
the Engineer shall approve both such action and the amount charged
to the Contractoro
290 RIGHT OF THE OWNER TO DECLARE CONTRACTOR IN DEFAULT
In addition to those instances specifically referred to in other
ar~icles herein, the Owner shall have the right to declare the
Contractor in default of.~the whole or any part of the work if~
1) The Contractor becomes insolvent; or if
2) The Contractor makes an assignment for the benefit of
creditors pursuant to the statutes of the state of
Minnesota; or if
3) A voluntary or involuntary petition in bankruptcy be filed
by or against the Contractor; of if
4) The Contractor fails to commence work when notified to do
so by the Engineers; or if
5) The Contractor shall abandon the work; or if
6) The Contractor shall refuse to proceed with the work when
and as directed by the Engineer; of if
7) The Contractor shall without just cause reduce his working
force to a number which, if maintained, would be insufficient$
in the opinion of the Engineer, to complete the work in accord-
ance with the approved Progress Schedule, and shall fail or
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refu~e sufficiently t~ increase such working force when ordered
to do so by the Engineer; or if
8) The Contra.~tor shall sublet, as'sign, transfer, conveyor
otherwise dispose of his contract other. than as herein speci~
fied; or if
9) A receiver or receivers are appointed to take charge of the
Contractor U s prop'erty or affairs; or if
10) The Engineer shall be of the opinion th'at the Contractor is
or has been 'wilfully ori~ bad faith violating any of the
ptovis1~n! of this contract; or if
--... 11) Th.e EDg1ne'er shall b'e of the opinion. that. the Contractor
ial or has been unnecf~ssarily or unreasonably or wilfully
delaYi~ the performance and '~ompletion . of the work, or the. .
/ awar~ 0 necessary sub-contracts, or the placing of necessary
materia~ and equipment orders; or if
12) The ErJ.gineer shall be of the opinion that the work cannot
be cQm.pletedwithin the time herein provided therefore1or
~th1n the time to .wh'ich 'such' completion may have been
extfilfAded; provided, however, that the impossibility of timely
e~pletion is in the Engineeris opinion, attributa.ble to
co~ti:itiO!li, within the Contractor's control; or if
13) ~e ~ineer5hall be of the opinion that the Contractor is
~ mot or na~ not been executing the contra~t in good faith and
in- .accordance with. its terms.; or if
+4) ~.. work 1ti mot complet'ed wi thin the time herein provided
. the:ret,0re orwitb1n the time to which the Contractor may be
~t1tl~d. to h&v!i such co~pletion extended.
15):B'~~re .the Owner.hall exercise its right to declare the
.. .Co.t1"l.~t~r :in. default br r-eason of the condi tions set forth
1. 1~~ A\lmbered 1).'1 4 >> 5), 6), 7).'1 10).'1 11).'1 12), 13)
. ~. 14>;9 he sha,ll give the Contractor as opportuni ty to be
lil~rdj ~o.n tW.Q day~ 9 notic'e at which hearing the Contractor
~::h&V41 a stenographer l~)resent; provided, however, that a
eopy Qfauch stenographic notes, if any, shall be furnished
tC;l the Ownere
" \
300 .IDRCISE OF THE BIGHT TO DECLARE IN DEFAULT
The -right to declare in default for' a..ny of the grounds specified
orr.f.r>r.d~o in Articl~ 29 hereof, shall be exercised by sending
the~Goilt'ractor a notic,e!j signed by the Engin.eer, setting forth
tAe grc~d or ground~ upon which such default is declaredo
.,.""- 31()Q~I)lG mE SITE
~~'Ji~~_~fI.t ef~ such notice the Contractor shall immediately dis-
con:t.'1nue"'al~ further operation under this contract and shall
. - 15 - GC
""IIIIIIt ~., ..... -
1~ediil,te1y ~~it the lite, leaving uatouehed All plant ;materials,
equipment" tooll aDd su"lieSl "then on the a1teo
320 CO:KP~I01V OF mE YOM AFTElt nXFAtJ11r
The Owner, after Qeclaring the Contract@r in ..f&ult~ may then
have the work. cGilpletea by lJuch Bleana aAd. in flueh lBllllller, by
contract with or without ,uBlic lett1D&,or otherwi~e, a~ it may
deem ~dvisable, utilizinc for luch purpo.. luch of the Contractoris
! pl&nt~ Raterials, e~uip.ent, toolfi and lupp11es remaining on the
~1tej and alee such 8ub"'con~ractor!i 1\1 it may deem adviaableo
After such cOBpletionj the Dng1neer ~hal1 Make a certificate
stating the expen~e incurred in such coapletion, which ~hall
include the COlt of reletting ana also the total ~ount of .
... liquidated daaale~ (at the rate provided for in the Specifications)
frOJi t~he date when the work should have been. coapleted by the
Contractor in accordance with the te~ hereof to the date of
actu&l completion of the work 0 Such certificate ~hall De binding
and co~clusi ve upon theContr&ctor" his Sureties, and any person
cla~A1g under th~ Contr&ctor, a. to the amount thereofo
The ~xpen~e of such co~plet1en, &8 80 certifiea by the Enginelr
_hall be charged again~t and deducted out of luch mon1efi &S woUld
h&ve be~n payable to the Contractor, if he had cORpleted the
work~ the balance of ~uch _onies, if &ny, ~ubject to the other
provision~ of this contractj to be paid to the Contractor without
inter~~t after ~uch completiono Should the expense of such
coapletionj so certified by the qineer, exceed the total sum
which would have been paya~le under thi! contract if the s~e
hit.d 'been completed by the Contractor; any luch exceSf! shall be
p&id by the Contractor to the OWner upon d~ando
330 PARTIAL DEFAULT
~ case th~ Owner lihall declare the Contractor in default ai to it .
pa.rt of the work only, the Contrllctor lihall di~continue such part,
~hall continue performing the r~inder of the work in strict
comfo~ty with the ter~. of the contract, and ~hall in no way
hind.eror interter~ with &1AY other ContractQrli or persons whom
the Olmer ~,ay e~~e to cOiiplete the work 1.1 to which the Con-
trac.tor W&li declared in df;faulto
The pr@vi~ior~ of the e~au~e~ herein r~lat1ng to declaring the
Contr~ctor in default as to the entire work shall be e~ually
&pp11cable to a d~clar~tiofl of part1~1 default~ except that the
Owner 8hall be entitled to util1z~ for caRpletion of the part of
the work as to which the Contt~ctor va. declareQ in default only
~uch plantj FEiftterii.ls9 equipment, tool~ and suppliell aa had been
previou~ly u~ed by the Contractor Oft such parto
~o SCOPE OF PA~
. e Contr~ctor ~h&ll receive and accept the compen~ation a~
hereiri provided, 1~ full payRent for furn1shin& all material~,
labor3 tools, ~quipment, royaltie8, tees, 1naurance, permit8,
~ondfj, etc 0' and for perfonllIll all work conteaplated and
~braced und~r the Contractj alao for all lOI~ or damage
&r1I\ir~ out of' the nature of the work, or from the action of
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the elements, until its final acceptance by the Owner, and for
all risks connected with the" prosecution of the work, also for
all expenses incurred by, or in consequence of, the suspension
or discOk'lt1huance of said pros.ecution of t.he work as herein
specified and for ~o~pleting all ofth,e ,work embraced in the
Contractc
The Contractor shall under this contract price furnish and pay
for all material and incidental w,ork, furnish all accessories,
and do everything which may be necessary to carry out the
contract in good faith, which contemplates everything completed,
in good working order, of good material with accurate workmanshipo
350 APPLICATION FOR PAYMENTS
The Contractor spall ~ubmit 'to the Engineer an application for
each pa:yment 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 sub-
contractors 0 Application for progress payments authorized by
the contract shall be submitted at least twenty (20) days before
each paynient fallsduej) and, if required, the Contractor shall,
before the first application, submit to the ,Engineer a schedule
of values of the various parts of work, including the quantities,
aggregatir~ the tot~l sum of the contract divided so as to
facili tate payment,;! to sub-cont^ractors j made out in such form,
and suppc~rted 'by sU..ch evidence as to i ts cor~ectness as the Engineer
may directo In applying for payments the contractor shall
submit a statement based upon this schedule, supported by such
evidence as the Erlgineer may direct, showing his right to payment
claimed 0 Payment claimed on account of materials delivered and
suitably stored at the site, but not incorporated in the work,
shall, if required by the Engineer, be conditioned upon sub-
mission by the Contractor of bills of salej or such procedure
as will estCiblish the title of the 01tTner to such material, or
othel~ise adequately pl~otect the interest of t.he O'Wnero The
Er~ineer \\Till excamine claim.s for payment prompt.ly j and his
determination of the amount due on progress payment will be finalo
36 0 PARTIAL PAYl(El'TS
t1nle~s payTdent~ !lre.wi~Jr.J1.eld by the Owner for reaf50ns hereinbefore
stated,9 pity:ment vIllI be mad.e at least onc~ a month on a basis of
ninety (9~~) per ce~t of the work. doae, provided the work is
progressing to the ~ati~fact1on of the Engineero
Monthly estimates may include the Value of acceptable materials
required in the construction, which have been delivered on the
81 te of the work or itdjacent ra11ltlay siding,S} and for which
acc@pta,ble proviB1on~ ha.ve been made for their preservation and
stor&geo From the total value of the materials so reported, ten
(10%) per cent will be retained 0 Such material:" when so paid for
by the OWner~ ~h~ll become the property of the Owner, and in the
event of the default on the part of the Contractor~ the Owner may
use or cause to be used ~uch materials in the construction of the
- 17.- GC
work provided for in the contract 0 The amount tAus paid by the
Owner for materials ahall go to reduce estimates due the Contractor
as the material is us~d in~the worko
Vouchers will be passed for payment by the Owner not later than
the tenth (lOth) of the following month, unless delayed by
requirements for examination or aud~ting by other authoritieso
370 CERTIFICATES OF PAYMENT
If the Contractor has made application as above, the Engineer
shall, not lat~r than the date. when each payment falls due, issue :
to the Contractor a certificate for such amount as he decides
to be properly dueo
No certificate issued nor payment made to the Contractor J. 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 contracto
38. PAYMENTS WITHHELD
The Owner may withhold, in addition to retained percentages, from
paym.ent to the Contractor such an amount or amounts as may be
necessary to cover:
1) Defective work not remediedo
2) Claims for labor or materials furnished the Contractor or
sub-contractor, or reasonable evidence indicating probable
filing of such claimso
3) Failure of the Contractor to make payments properly to
sub-contractors or for material or laboro
4) A reasonable doubt that the contract can be completed for
the balance then unpaid~
5) Evidence of dam'age alleged to be caused by the Contractor
to other persons or property in connection with the work
under the contract for which claim 'has been or will be
asserted against --the Contractor, the Ow~er 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 0 The Owner will render to the Contractor
a proper accounting of all such funds disbursedo
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 nearing completiono
If such work is not acceptable to the Engineer at the time of his
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..
:
.-~
'"
inspection, he will advise the Contractor i'n writing. as to the
particulardefectl to be remedied before such work can be a,cceptedo
,r.f; wi:tPin a period of ten (10) days after such not:1,fication, the
Contraetor hill! not taken steps to speedily. complete the work as
directed, the Engineer m~y,without further notice and without
in allY ,wa,Y iJipai,ring theco'ntract, make sucfl othe,r arrangements
as he may deem neces,sary to have B.uch wo.r~completed in a
satisf~etory Ranhero The. cost of so c~plet1.ngsuch work shall
be deducted trom any monies due,or which may become due the
Cont.rae.tor on his Gontract 0
4o~ F IliA!: P A IHENT 0\
i
Upon completion of the work and i ts ace eptanc.e by the Eng ineer 0
; the - En.gii1.ee'~W'ill pr€?pare.a final estimat'.econtaining ,complete
'quan-ti ties of each and every item of'Workperfomed < by the
Contractor~ ar~d the value thereof, upon &c,ceptanc,e of s.aid finatl
estimate by the Contractor J the <Engineer will certi.fy in wri tin.g to
.the O'W'neras to the completion and his acceptan.ce of the workjand
to the ,entire amount and value of each and everyi tem o.f work per-
fOl;m€!d in I,~Cordance with the terms of the cont:ract 0 'Unles s as
herein pro"l"ifideoj) theO~!lerwill accept the Certifica~e and Fina.~
Estimate for -final payinent and will notify the'.:Col'ltractor and
his Surety or Suiet,ies 'ofthe acceptance of the 'worko . The
action Qrthe~ner and t.he Engineer,' by which the Contractor ill
to be b'olmd and the contract concluded according to the terms
thereof, shall be evidenc~d by the aforesaid Certificate and
Final PtLymen t 0 All prior certificates ore-stimates upon which
P&\,ym~n.tBmayhave been made are mer~ly partial estimates and
fS.ub.ject to correction in the final paymento
-, Beforefia.al paY1i~t i~ made for'-~the work on this Proj ect, the Con'"
tractor IlU!t JAake a satisfactory showing th~t he has complied with
t'h-e provisiOiilJofMinnefSota sta tutes An.,,1J.otated 290092. requiring t,he
: W1tInholding of state income tax for wages paid employees on this
:r~oj@ct~ Receipt by tbe Clerk of the '<:owner of at Certificate
Qt C~p11~nce freE. the CommiBsioner of ~I'axation will satisfy this
requirement" Tl'ieContractor is advised that before such certifi-
cate C~. be 1.~ued, he mu~t rirst place on file with ~he Commissione~
of Tax.~t1on a.n affidavit that he has complied with the provisions
of MoS'o.Ao 290Q92o The required affidavit form will be supplied by
"thfiC~~!ioner of Taxation, Centennial Building, st. Paul 1,
N1nneljotai on. reque5to
Fi.na.l p.aymeflltwil1 not be made until the Corltractor shall have filed
with the Ollnerev1dence in the form of an affidavit and such other
.videnceati may be required that all claims ag&inst him ~' reasons
or the otmtraet have been' f1...l'lly paid or satisfactorily secured I) In
ea~~e luC17i ev1denceil. not 'furnished, the Owner may retain out of
a.ny.~ount due Siaid c~tr~ctor sums sufficient to cover all claims
\1npa'id b
410 NO' WA~ OF LEGAL RIGHTS
\ Vflle 4}Ymer, or 1. ts Eng1:rteer, sha.ll not be precluded or stopped by
l..~
J - 19 - GC
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'- ';~.'-.A~_._-- ---_._-:'. . . .--
r
I.OJ ~aijureaant~ 8llt_te or, certificate, IIIlde 'or g;1ven by them., or
by any of their ag~t& or egployees9 UDder any 'provilion of provi-
sions~ of the Coatraet,. any t~e either betore or after the
~amplet1on aDJd. acceptance of the 'Work anel p..yaent thereof pursuant
· ,to ~ .ea~ureRent., 'est~te @r certificate, trae ~~ at any time,
that any lIuch Rea8Urel\entl, e8tiute or certitiea,te 11 u.ntrue or
incorrectly ma~. 1ft any particular or that th~ work or ~terials
or any part th~reot do not ~anform in fact to Specifications and
Contract" a.nd the OWner ~hall have the right to rejt!ct'~,:.t:&e whole
or any pArt of the aforetlilid work or BAterial, !hould the 8aid
mea.uremant; e~timate, certificate or payment be foundj or be
known to be incons1;tent with the terms of the Contract, or other- :
wise ~ro,erly glven~ and the Owner shall not be'precluded or
8topped notw1th~ta.d1ng any such .eaaurement, estiMate, certificate
and pa~ent 1ft accordance herewith, from d~di~~ and recovering
fr~ the Contr~ctor and his Surety such damagelJ a~ it may su~tain
by.rea_ons of his failure to comply with the term~ of the Specifi-
cationi ~nd Contract 0
Neither the acceptaIice of the Owner or it~ Er!gineer or any of their
ag~nt~ or employee~, nor any certificates by the Engineer, for
pa~eD.t of money JJ nor any paYJIent for jj nor acceptance of the whole ::
or &!fiY part. of the work by the ~er, or i t~ Elagineer, nor any
, exten~ion of ti.e, nor any possession take. by the OWner or its
~ploYE?e~:# ~h~ll operate a~ a w~i ver of ~n:r'.:portion of the Contract
or any power herein re~erved by the Owner, or any right to damages
herein provided, nor shall any waiver of any breach of the Contract
be held to be It wltiv"er of any other or .ubtiequent brelLChe
420 DEFENSE O:F CUDiS OR SUITS
The Contractor .hall ind~ify and sa.ve harll.le~s the Owner and all
.t its officerl, agents and employees, from any and all loss,
d~gejj expenfiej including C08t and expense ~nd attorney@s fees
of litigation ari.ing from all ~uit~j actiona, or claim~ of any
character, n&meand description, brought for, or on &cco~~t of any
injuriel or d~ge~ received or sustained by any per~onj or persons
or prop@rty by "or froil the sa.id Contrac.tor or by or in consequence
of any negleqt i~ ~ate~ardi~ the work, or through the Uie of un-
&ceeptitble materials in conltrJ.ct1ng the work or by or on account
@t any act or a&i~~ion9 ~e&lect or m1~conduct of ~aid Contractor, or
'bt or on accou.nt of ilny claiBti or l\.Ilounts recovered for any infringe-
.ent of p~tent~ traQ~rk or copy right or from any claims or '
~ount~ arising or recovered under the ~Workaeng~compen.ation
Law"~ or &ny oth~r laws bylaw, ordin&nce, order or decree and so
Rucho! the money Que the ~aid Contractor under and by virtue of
~ ~:t Contract &Ui l!II~~~~e ~,~d~JUllli' nec___ary by the ...._ .Y ,,'e
re ained for the U:ie of ~aid Owner, or in cafSe no mOtley :1i due
hi. Surety ~hall" b~ held until ~uch suit or suits, action or
&ct1or~ J claim or claifA1~ j for injuries or d~ges, &S afore8ilid
"j}h~ll Mve been ~ettled ana ~uitable ev1d~nce to that affect
rurni~hed to the' Own"er 0
:rh,'e unauthorized Ujie by the Contractor of public or private
property for any purpo~e RaY be considered an injury or d~age to
the property ~o u.e~o
.... 20 CO> GC
)
No monies, payable under the Contract" "~: j or any part thereof except
the estim~te for the first month, or periodj .hall became due
and payable, if the Owner 30 electlj until the Contractor .hall
"satisfy the f!aid Owner that he has made It. latisfaLctory settlement
for a.11 materials and equipaent used in or upon the work and labor
done for the preceding Month in connection therewith 0
430 PATENTED DEVICES.9 MA.TERIALS AND PROCESSES
If the Contract requires, or the Contractor desire$, the use of
any design, device, material or proces! covered by letters patent
or COPyri~tJ trade mark or trade name, he ~hi\.ll provide for such
use by su table legal agreement with the patentee or owner and a
copy of said agreement ahall be filed with the Ownero If no such
agreement. is made ~rfiled as noted, the Contractor and the Surety
shall indemnify and save harmless the Owner from any and all claims
for infringement by reason of the use of any ~uch patented deiign,
device, material or process, or any t.rade m&rk or trade name or
copyright in connection with the work agreed to be performed under
the Contract, and shall indemnify the Owner for any costs, expenses
a.nd damages which i t may be obliged to pay j inclll.ing COlt j expense,
and" attorneyg s fees incident to litigation by refi~on of any such
infringement, ~t any time during the proaecution or after the
completion of the workc
.44- W\TERIALS
. . 0
Unles~ ot.herwise specified all materials shall be new, and bOM
workmanship and material shall be of good quality 0 The Contractor
shal13 if required, furnish satisfactory evidence as to the kind
and quality of mat~rials or tools used by him. 0
The source of supply of the materials to be u.ed shall be approved
by the Engineer before delivery" is startedo The approval of the
fiource of any m~terial will stand only 10 long as the ma~erial
it~elf conforms to the specifications 0 Only .aterial~ conforming
to the requirements of these specific~tion8 ~hallbe used in the
worko -The source of any material ahall not be changed at any time
without the writ~en approval of the Engineero The Contractor may
be required &t any ti1l.e to furnish 1\ complete fjtatement of the
origin$ compo~itio~ and manufacturer of any or all mAterial~
required in the workj or to submit s~ples of the same 0
Matel")ial~ !hatll be tit.ore<;i so all to insure the p,re~ervation of their
quali t,y aK1d ff tneCls for the work and .uch ma.terials, even though
a.pproved before" Itor&gej !ihall be subject to tejlt and mUltmeet
the requirementa of these specifications at the time it it5.propo~ed
to u~e them in the worko Materials .hall be stored in a maaner
that will facilitate in3pection~
The portibn of the ~ite or right-of-way not required for public
travel m~~y;; wi th the consent of the Ent;ineer, b@ u~ed tor atora.ge
purpo~es~ and for the placing of the ContractorSs pl!LI1t and
~quipment, but any additional space required, unless otherwi!e-
- 21 - GC
- "--
st1pulatedj shall be provided by t~e Contractor at his expense 0
All materials, supplies, andarticle~ furnished shal13 whenever
~o specified, and otherwise wherever practicable, be the standard
stock produ~~of ~ecogn1zed reputable aanufacturerso
r .
From tl;l~ cOBIlencement of the work until the completion of the same9
the Contractor~shall be solely responsible for .the carre of the
work covered by this contract and for the .ater1als delivered at
the site intended to be used in work and all injury or damage
to the .ame from. whatever cause, shall be made good at his exp.ense
before the tinal estimate is made 0 He shall provide 'suitable
~eans of protection for and shall protect all materials intended
to 'be uaed in the work and all work in progreuiJl as we"llas
completed work.o He shal1:.~take all necessary precautions to
prevent injury or da.ma.ge to the work in progress of construction
by flood, freezing or from inclemencies of the weather at any
and all timel and only approved method; ~hall he used for this
purpoeJ e 0
When t@ltl of materials are necessary, such test~ shall be made by
and at the expense of the Contractor unless otherwise providedo The
Contractor fihall afford such facili ties as the Engineer may requi.re
for collecti!1g and forwarding samples, and shall not use t'he
Baterials' represented by the samples until testa have been made and
the m&teri~ls have been found to satisfy the requirements of these
specification~o The Contractor in all case~ shall furnish the
required slJI.ples without charge 0 .
All ~aterial~ not conforming to the requirements of these specifi-
,cationi fJhall be considered as defecti ve and all such materials,
whether in place or not, will be rejected and shall be removed
immediately from the right~of-way, unless otherwise permittedo Nq
m.teri~~ which has been rejected, 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 reason~ble time fixed ,by written notice, the Owner may
remove th~ and may 3tore the materials at the expense of the
Contractor 0 If the Contractor does nd pay the expense of such
removal within ten days there~fter, the Owner may, upon ten daysR
written notice, sell such materials at auction, or at private sale
a,nd shall accou.nt for the net proceeds thereof, after deducting
all the costs and expenses that should have been borne by the
Contractor 0
The Contractor shall promptly remove from the premises all
Rat~ri&ls condemned by the Engineer as failing to conform to the
c~tract~ whether incorporated in the work or not and the Contractor
Bh~ll ,~tly replace and re-execute his own work in accordance
with the Contr&ct Documents without expense to.the Owner and shall
bear the expense of mak.ing good all work of the other Cont;rsact~ors
- 22 - GC
~.
destroyed or damaged by sucn removal or replacemento
450 DEFECTIVE WORK
All work not conforming to the requirements of these Specifications
shall be considered as defective and will be rejectedo The
Contractor shall remove and renew or repair all such defective
work as ordered, in writing, by the Engineer 0
Should the Contractor fail, or refuse to remove or renew any
defecti ve work PE?rformed p.reviously, or to make any necessary
repairs in an acceptable manner and in accordance with the re-
quirements of these Specifications, within the time indicated in
writing,.the .E.l1gineer shall have th-e authori~y to cause the un-
acceptable or defecti ve',. work to be removed and renewed or repaired
at the Contractor's expense. Any expense incurred by the Owner
in making these removals, renewals, or repairs, w~ich 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 t;he ItContract Bond" deposi ted; and continued
failure or refus.al 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 purdhase
mateti,als ~ tools and equipment, and employ labor or to contract
with any o,ther individual, firm or corporation to perform the
worko 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 "Contract Bondt! depositedo Any
work performed, as descr:Lbed in this paragraph, shall not relieve
the Contractor in any way from his responsibility for the work
performed by himo
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 worko
460 PROTECTIbN OF THE WORK
The Contractor shall furnish, erect a-nd maintain good and sufficient
lighted barricades at all approaches to the work and as necessary
to protect the work and the publicQ He shall protect all portions
of the improvements from damage or defacament~ 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 Engineero
Whe're the work is car.ried 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 da,nger signals
and shall provide such watchmen and shall take such other pre-
cautionary measures for the protection of persons and propertY9
and of the work, as are necessaryo Excavations in or adjacent
to public streets or alleys in which water stands more than one (1)
- 23 - GC
.
-.
foot deep shall be securely barricaded with snow fence so as to
prevent access.by small children at all times work is not being
carried on at the site of excavationo Barricades shall ,be painted
in a color ~hat will be visible at nighta From"sunset to sunrise,
the Contractor shall furnish and maintain at least two (2) flashing
amber lights at each barricadeo A oufficient number of barricades
shall be ereCted to keep vehicles from being driven on or into
any work under constructiono The Contractor shall furnish watch-
men in sufficient numbers to protect the work 0
When a detour is necessary because a str~et ,is blocked by the work :
the Engineer shall designate its route and the Contractor shall
furnish and post detour sign.s 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 Contractor
shall at his own cost and expense provide and maintain temporary
outlets and connections for all private or public drains and sewerso
The Corttractorshall aI,so take care of all sewage and drainage
which will be r$ceived from these drains and sewers; and for this
purpose he shall provide and maintain, at his own expense, adequate
pumping facilities and temporary outlets or diversionso The
Contractor at his own expense shall" construct such troughs, pipes,
or other necessary structures, and bepr.epared at. all tinre.s to
dispose of drainage and sewage received from these temporary
connections until such time as the permanent connections are built
and in serviceo The existing sewe'r.s and connections shall be kept
in servie~ anq.maintained under the contract, e~cept where
specified or ordered to be abandoned by the Engineer 0 All water
or sewage shall be disposed 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 workJ the Contractor shall
provide and m~intain free access to fire hydrants, water and gas
valves, manholes and similar facilitieso Gutters and waterways
shall be kept open or other satisfactory provisions. made for the
removal of storm watero
The Contractor shall provide at his own cost and expense all
methods for adequately draining the work ~and shall assume f~ull
responsib,ility and liability for damage to any persons or
property resulting from such' damageo No separate compensation
will be paid for sub-drains, or other methods of' draining, but
thee'ost thereof shall be merged wi th such contract pay items
as are provided in the proposal and c6ntracte
No trees shall be cut except upon the specific authqrity of the
Engineer" Trees adjacent to the work shall be protected from
all damage b~ the construction operations1)
- 24 ~ GC
\'
'\
....
470 DAMAGE TO EXISTING IMPROVEMENTS
Al~ damage done to exist~ng lmprovements during the progress of this
improvement shall be repaired by the Contractor under the direction
of the Er~ineero Such repair:? shall be made according to the
requirements of the standard specifications of the Village pr~"'City for
various types of improvement:$ or classes of work :requi~edQ
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 projecto
480 PROTECTION AND RESTORATION OF PROPERTY
" Where the. work passes over or through private property, the Owner
will secure right-of-way or easemento 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 easement 0
The Contractor shall not enter upon private property for any purpose
without having previously obtained pe:rmission from the Owner 0 The
Contractor shall be responsible for the preservation of, and shall
use every precaution to prevent damage to all trees, shrubbery!)
plants, lawns, fences, culverts, bridge, pavements, driveways,
sideWalks, etco; all water, sewer and gas lines; all conduits, ~ll
overhead pole lines or appurtenances thereof; and all other public
or private property along or adjacent to the worko "
The Contractor shall notify the proper representati:ves of any
public utility, corporationj 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 ~long or
adjacent to the worko The Contractor shall be reS?Po~siblefor all
, "" ,~\o damages or injury tCf'-p;r"Operty of' any character result,ing .from any
act, omission, neglect or misconduct i:n' the manner or method of
executing the work, or du"e to his non-execution of the work, or
at any t,1me due to defective work or materialso He shall restore",
or have restored at his own cost and expense" such property to a
condition ~imilar or equal to that existing before ~uch damage or
injury was done, by repairing, rebUilding, or otherwise restoring
as ~ay be directed, or he shall make good such damage from injury
... " in. a lMnner acceptable to the Owner or the Engineero In case of
failure on the part of the Contractor to restore such ~roperty
or make good such dall\age or injury, the Engineer may, upon forty-eight"
, hour~~ written notice under ordinary circumstances and without
notice when a nuisance or hazardous condition results, proceed to
repair" rebuild, or othenqise restore such property as may be
_ ~ ' determined necessary, and the cost thereof will be deduct"ed from
:~": arty.monies due to the Contractor ,under this contract and' if not so
deducted~ the Con.tractor will be obligated to forthwith reimburse
the Owner for the cost thereof 0
..' Prior to const~ction" the Contractor shall obtain field locations
or other assistance as may be required to determine the existance
,
- 25 - GC
and location of gas main and oth~r private utilities as. well. as public
utilities of th~ Village', .City, County or State which may be under-
ground or overhead within street and hig,hway right ~of.-way or within
easements. and Which may be interf~~ed with under this contract.
Existing underground, surface, qr overhead structures are not
necessarily shown on ~e plans, and those shown are only approxi-
mately correct and no responsibility is assumed by the Owner or
the Engineer for the accuracy of location. The Contractor shall
make such investigations as are necessa~y to determine the extent
to which existing structures may interfere with the work contemplated
under this contracto
The sizes) locations and depths of ~uch structures as are shown
on the plans and. profiles are only approximately correct and the
Contractor shall satisfy himself as to the accura~y of the
information giveno
The Contractor .shall not claim or be entitled to rece ive compen-
sation for any.damages sustained. by reason of the inaccuracy
or the omission of any of the information given on the drawings,
relative to the surface3 overhead, or underground structures or
by reason of his failure to properly protect and to maintain
suc.h structures n
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 t"he time the work is in progressij
The Contractor shall restore, at his own expense, any p~b,lic
structures such as water mains, water connections and appurtenances,
. sewers, .manholeS,. .~atch basins 'and sewer connections which a~e
damaged or injured in any way by. his acts~
The Owner shall be indemnified and saved harmless, from any suit
or expense claim brought for or on account of any damage, ma i.n -
tenance, removal and/or replacement, or relocation of mains,
cond,uits, pipes, poles,' wires, cables or other such structures of
''''''-;0." "p~rivate utility firms or corporationsJ- whether underg'round or
.-- ov'e~n.eadJ . tliati:.triay. .'be'.' (sau.sed".c5r"'"~requirecr~"by the .Contractor during
the t irne the work is in progress.Q"'However, in cases where. the
alignmentJ as shown on the plans, coincides with'..the existing
location of either an overhead or underground privately owned
utility (installed and located in accordance with a permit issued
by the Village or City) so that, in the opinion of the Engineer the re-
location of saAd utility is required to complete the installation,
the Owner shall provide for such relocation4
4ge PRIVILEGES OF CONTRACTOR IN STREETS., "ALLEY,S AND RIGHTS-OF-WAY
For the performance of the contract,t~e Contractor will be
~permitted to occupy such portions of streets or alleys, or other
public places, .or other rights.c-ofe...way, as shown on the plans!
~ . or as permitted by the Engineer 0'." '.A reason.able amount of tools,
materials and equipment for construction purposes may be stored
- 26 - GC
. ~ .<<~.c~'"':,;:,~-~-~~~~,'7':~T:;~';":::i;l~~'~'~~:::"d]::;~:?~~':,_ ",.;l~:~':<...:~fi(~~~?~;~~~
.
. w .
.-
...
--,/' .
in su-ch space, but not more than is 'necessary to avoid ,delays
in the c@nstructiono Excavated and waste ma,terials sha-ll be piled
or stacked in such a way a.3 not to interfere wi th spaces that may
b-e designated to be left free and unobs.tructed, nor inconvenience
o.ccupants of . adjoining propertyo · Other Contractors .of the Owner
.rrJiAY, tor all purposes, r'equired -by their 'contracts i enter upon
.the work and premises used by the Contractor, ~nd the Contractor
shall give to other contractors of the Owner allrea50nable
fa9ilities~da,ssistance for the completion of adjoining worko
Any addi tional g.rounds de8ired by the Contractor for hisuBe
shall be provided. by him at his own cost and expense 0
Where th~'work .~ncroache3 'upon an;;yright--ofcoway of ?lny railway
or State or County Highway 3 the Owner. w,ill secure the necessary
easement or pennit 'for the worko There railway tracks or'sllch
highway are to be crossed, the Contractor shall observe all ,the
regulations and :Lnstructions of the railway company and Highway
DelDa.rtme"At. as to methods of doing the workj or precautions for
safety of property except the right-of-way, shall be ~made,by the
Contractor at h1~ expense 0 The Contractor'will not be paid
. direct. cOO1.pen~ation for ~uch railway or highway crossings, unles's
so provided in the special proviaio.na and prop'osala
~o WORK IN STOF.MS
'~e En.g1J.leer may :nave .the righ.t to stop work during rai.n or snow
storms ~nd illl,freshly pla.ced work, unles3 otherwise protected~
.hall beproteeted by canvas or other auitable covering in such
-Ii ~er :a~ to prevent:ru.rming water from coming in contact wi th
ita Suffi'cieln.t coveringahallbe provided and kept ready for this
pu-rposeo ~eContractor will not be entitled to extra. campenf!ation
for work so stopped o.rdelayed by the Engineer 0
i1 " NIGHT WORK . . .
,ark shallbeaone at night- only in theeafie of emergency and only
! upon the direction of the Engineero 'The Engineer hitS the rj,ght, to
order work to .be c~rried on at night,9 if in his opinion" it i~ for
the best inter~~t of the ~ers Wo-rk pe;rformed after dark shall
'b~ adequately 1:111lminated.9 &n4 sui tag Ie andl\ufficient lighting .
facilities shall be provided for this worko No extra compen~ation
will beallolfed 'the.Contractor for work under this item~
f2 0 USE 0:1' EXPLOSIVES .
-:fi t is neeetisary to urle explosi yes in the perfo~!ce of the
work, the CCJr1t~ctor lihall take out pe:rm:i t.and corIply wi thall
".. the laws, ordinancefi and regulationa governing iI&Lme 0 He shall
fully protect a.llc<.1fnpleted works &S well as all overhead, surface
or underground itructures and shall be liable for any damage done
to the work or to other structures on public or priva.te property
and injurie$ sus,tained by persons, by reason of the use of
explosives in hi~ operationso Explosives shall be handled, used
and fired oIlly by experienced ,meno All fi"ring shall be done by
elect,r1citYoAllexplosive supplies iJhall be safely stored and
protected in an ~pproved mannero All ~uch storage places shall be
=c 27 .- GC
... ,
. . .marke~ clearll NDAHGEROUS ~ EIPLOSIYISfie Cap. or other exploders
shall llot b. ItlJred at the pl$ce mere dywlldte or other explosives
are .toredo
~ 0 !fOrSE ELIi(IJ'ATIO)f
. e .Contractor ahall eliminate no18e to &8 great &n extent &1
possible at &11 t1Belo Air compressing plant shall be equ1pped
. wi th silencers Ibnd the exhauat. of all gasoline m.otors or ether
power equipment sh&ll be provided with .ufflerlo
.; o WATER or City
e Contractor ~ha11 make arrangeR~nts with the proper Village
officials and/or p~T&te partiel for obtaining any water which
f.iVAy be, neededo
i 0 SAlfITARY PROVISIONS
. e Contractor shall comply with all l&ws, rules and regulations
of the State and Lee,.,l Health Authorities and. shall take the
necelsary precaution. to avoid uaaanitary conditio_so
Suita~le janit~ry convan1e.ce~ for the use of all persons employed
on the work, properly ~creened frOB public observation, shall be
provided and ~intained by the Contractoro
t6. FOSSILS
f arty fO~8ils or treasure or other unusual or valuable ~eol~gical
formation! are found in the progress of excavating, such fossils,
treasure or ~~ples of geological fo~t1on! shall be carefully
pre,served by the Contractor who ahall convey such item. to
Engineer 0 , These items shall become the property of the Ownero
;7" ACCIDENT PREVENTION
'recaution .hall be exercised at all ti.es for the protection of
per,sons (includir~ employee.) and property 0 The safety provision.
of a,plicable law~i building and construction codes shall be
ob&ervedo MaChinery, equipment, and all hazard~ shall be luarded
in accordance with the eafety provisions of the Manual <sf Accident
Prevention in C~n~tructionj published~1 th. Aaa.eiated.Gener&l
Contr&ctor8 or A.ericaj to th. extent that ~uch ,rovi~1on. are not
in contravention of applic&ble lawso
~" "OR EQUAL" CLAUSE
. ~ever in any of the contract docuaent~ any &rticle, appliance,
aevice or :ma.terial is de$igne.ted by .the naae of the manufacturer
or verifior or by any proprietary naJl!e and suc.h Jl&1I4e is not followed
QY the wordfJ it or equal u, i t shall be deelled tha. t fiuch woral\ nor
equll,lOO do follow rfuch designation, unleiji the context cl@arly
rGlilu1refj & IlWAtrary constructiono Any article @r material
equalling the standard~ fixed Ji&Y be used in place of tMt.
8pecifical17~;.B.tiltigned by the apeeifici&tioJfia, proTidiD& that the
material pr~o~ed 1~ first .ubmitted to and accepted by the OWner
or his authorized reprel~ntat1veo
-::.~'. .~..
- 28 - GC
590 LABOR
None but competent labor shall be employe,d on this worko Wherever
mechanical work is required, it shall be perform.ed by skilled
laborG
The foreman or other person directing the work shall be competent,
sober, and reliable, and s:hall extend every facili ty to the
Engineer to enable him to properly discharge his duties, and shall
furnish such help as may be necessary to facili ta,te the inspection
of materialso
The 01vner reserves the right to require the removal of any particular
workman or ~lork:men on the job, if in the judgment of the Engineer,
it shall be :for the best inte!~ests of the work that such pa,rticular
\'lorkman or workmen be removed s
Wherever possible, local workers shall be given preference over
imported 1\Iorkers, provi.ding that they are equally competent at
the work applied foro
T:he Contractor '\-'lill not be allowed added compensation for any
work performed on Saturday~, Sundays or Legal Holidayso
600 DISGRIMIR~TION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED
ItICO~1TB_A.CT
"Every- contract for or on behalf of theO~mer shall be deemed
to contain provisions by which the Contractor agrees o Q 0 0 0 Q 000 0 0 0 0
(1) That, in the hiring of cornmon oX' skilled labor for the
performance of any 1tJork under any contract, or any sub-
contract hereunder, no contractor, material supplier, or
vendor, shall, by reason of race, creed, or color dis-
criminate against the person or persons '41ho are ci tizens
of the United States 'Vlho are qualified and available t.o
perform the 'V/ork to vlhich such emplo:Yillent relates g
(2) ThatnoContra-ctor, material supplierJ or vendor sll.all, in
ap:ymanner9 discriminate against, or intimida,te, 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 colorg
(3) Any violation of this section shall bea misdemeanorg and
(4) That.this contract may be cancelled or terminated by the
OWner, and alIL money due~ or to become due hereunder"
may be fo'rfeit'ed' fora second or anysubse'quent violation
.ofth'e terms or condi tior:tS of thiscon.tractU (Section I8le 59
:Minnesota statutes)
610 S,.:rrESTO BE J<EPTCL.EAll.
Th.eCon,traet~or snali:l'clean and keep clean from-waste, materials
- 29- GC
or 'rerase resulting, from his oper'ationsc9 th,e -81 te of work" the
streets fP the work and public p-~~rty occupied by himo Equip-
ment not usable oo.the wOrk sl1all '~e-pramptly removed and the
adjacent premises ~mta1ned" in a-fl:eat antl oroerly condition at
all timeso Advertising signs in genefalwill not be permitted
on the works
Upon completion of the work a~d before acceptance and final
payment shall be made,- theCop,tractot 'shall remove from the street
and adjacent prop-erty, all surplus and discarded' materials,
equipment, rubbish and tempor~ry strUctures~ restore in an
acceptable manner all property ",'both public a,nd pri vate, which
has been damaged during the prosecution of the work, and shall
leave the site in a neat and presentable conditiono
620 1\ffiJ.\.81JRE.MENTS
B,eforeordering any material or doing any work~ each Contractor~
shall verify all measurements ,and shall be responsible for the sameo
I
No extra charge or compensation will be allowed, on 6;ccount 'of
diffe~ap~e between actual dimensions and measurements indicated
on. the draYdngs$ 8:JJ:Ydifference which ,may be fOlLYld shall be
subnti t,ted to the Engineer for canside~tion before proceeding
ttll th tuhe worko
U l' S 0 Starid~r.d Mea~ures will be used in the measurement of all
1-\fork a~ceptably completed and such measurements will be u$ed as
abasis:for the .computation of the ~uanti ties of work perfolm,ed,o
Linear measurements 'Will be taken horizontally on all work
except strtlctu..~S which 1rlill be measuredaceording to the n.eat
lines sho1tm. on the plans or as orderedQ Wher,e 1iork is to be
. paj. d. ~Qr-by ,units of length:,. area" vo:Lume., or : :-weight,,' only, tb~
net amount of worka,ctual1y done, as it shall appear in the
fipished work s.n.dmeasur>ed as hereinafter specified shall be.
paid for;} loca':L customs to the contrary not wi thstanding6 For
the estimatir~ of quantities in,:wh1chthe computatio.n of areas
by geometric methods would be eomparatively laboriotJ..s 9 it is
stip:ulatedand agreed that t"he plltn1metershal1 .be considered
a:n ir~trument of precision adapted t.o the measurement of SL1Ch
areaSe
6 3G GUA-1l.~rlVEE
'The -Contracto~:r s,hall be held responsible for any and all defects
in 1tIo~~~hipsmaterialsand equ~en,t lmichmii,y bed-eveloped in
any 'p.aj;t of the entire installation fu-rn.ished by him~ ~t~~on
written notice by the 'Engineer shall immediately replace .'and make
g~'d withoute.xpense to the Owner any such faulty part or parts
and d~gedoneby reason ofEialne~ during the period of one (1)
ya:ar freill trse d~te of final acceptance o:f the installation6
g!\~d the CC1fltra~tol1) fail to make goo,d t~he de;fecti ve parts
ldrtiiin ..it p,e~oo ~f tl1.i~y (30). days of msuch, notif1'catio~s>, :after
1?1rltteftnot1ee M$ been gi'ra-q him9th,e '~.erm~y replace the~'e
part~, charging the expense of same to theCbntractor~
- 30 - GC
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FOR T~lE
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FOR
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160 Pr'o~hect-io:n e
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l7e Affid,av1 t a*"4 Jion-C-ol-l:u-s i-all .~
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180 R.e,Otlirements for Final 5
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SPECIAL PR'OVIS-IO!iS
4~
FOR crr1iE
ELJ:ivATED 1'lJ\ TEE. TAift{
c.c.:::. ~
aND APlJiWTENllNT ,lORK
~~. '4J~\. . __~ _ .,=~-
~~l HOPE Q. JII!IiImSOTA
~J,;,J ;I tL~. ., ._
J..<> } GENERAL
E'iine ~7:at'~o"'al Conditions ~nd the Special COlldi~tions as enlboaleo.
s1......... . . ,:' ~ ""~ ~,_, .. ,.'
in .t.', Co:n.trs<fet Doc'Lunents ,.-s11a11 be 'el,pplied to tUl 11i'O:t~J:\. and
line fi124~
teria,l furnished ~lndel~ ~the':se Specia:l ProvisioDJ3 , " . . b as here=-
excep to.-
ina~fter modified 0
20 STf~~Tnm AiID COlifFI:E4J: ION DATES
Tne: Cont,raI(;~oi:,~usnall contrllence ' liork \~11 ~thin -t '6 t1. i ~ ()~' e~alendar
\ J.,.U )
r1 r~ . "'1""if:t 'aft~~er 1'?e_~e1pt aD no*tif.i.cat.ion ~to p:eoeeed f lr)om the E.ngine'el~ 0
..,;;.Q~.:~ J..
A'~ ~ 1tlOl~l): to be eonst~ruc.ted uncler "'chi s pr-oject 13118.,11 -be comple"~ed
ca..L&
ill p,l'8...ee and accepted OD..or berol-;e ~O'ctober 1m .- 1968 ~)
cL ::>:
30 FAI1t)11~E TO CObfPLETE ~~-l ORE:
SliOtrI(r.=-t!)Ja='Collt;rac~eOi:~ fa;1! ' to 'cOr!lp:te~t e hadve accepted a.ll ' ~
"Glle
l~Of~kono~? the 'e~;.taJ:flistledcorap]tOtion iSe1itG~ G th~ sum 0'"
~;~~~T',~~';-,~~ .(i)~~ ~~(., ~~~'-Q~~ <='~'~f~'~~r1;~ ;~-~~;~i~; .'~;;::'lAV~ 8..nd
:--:~,~:( ~JOet~;:>.~~a::~j.~'~VOOOl P~b ~ cQ:~':O~naa_ Us.:4'., .k.L....CJ__d.-1Jo ~~!...aC~4~
Hol"l..aa~ra ::sna~..t D.e -cled!lC1;8a fl~Om~~t};1yt10n.l.eS d'ue !;no"Gas a
ass liqlti.dat;ed ttexuages; M.l ill aecolr.:dculce tll *t116
ti'O'!lS ..~ t;he"s.e- C'on.'cl<aa.c1~ Documen:'cs 6
O.ti,.
Dr $ S(;OPE M\m ORDER OF ~l,ORK
ar!le.-d~Y'ork 'un:.de'l~ tliis ~'-~ '.' ~.,~.~ sllall a:;onsis.;t 0""[> furlli shirl:g a.ll
pro dJ-~V ....
neeess SJrjt -I!lerl :; eq uipPlent :afio maJGel~ia1s. .1;0 irlst~;l..,11 a 1,500;000
~a1'Of7l 'elevat.ed tanl~ and ;al,l aJpp.uri~erlGtnc.es 0
o ,.... ~:::!iC::> ," ......om,
The 'C:ontra<ictoT m34Y sclledtl1e ~Glle clraer o&~ 7:t!.Alnl? as l1.e deems necss .c=>
J. !ifir V i;;~ L.l:.
e:~eept tlla.1; certai!~ req ui ramei~~Cg c<?9 hel'";)eillaf;te'r ~ .~~. ...
.sarjr :spec:tI :Lea
slia;l.l be f~o11ot;~ed 0 ~i ~ COi.~rt~l~actor ells-,ll, be requ ilne'd ., submit~
....':,c; -i;O
ll>i:ritte'n schedtlle .bGO ., '" Engi rua 61'"' 0"
a olGne
50 lfATER
iTa.,t~e:~-:fol? dl~inlt:ing pltrposes , laydros Jeat-; 5..C ebs'S.Gs and tal11\. t.es.-t~
ii1.g ~J.illbe sup .j;llied b~r the OwlneIit 0 The Cor.rt r8~c.;t.or shall raake
nee~ess'ar9 aJ:<l~,erJ:igemen t.S vii th i;ne En~gineer for the :toc'ation l,here
liS/cis:(-' m.~y be obted.neclo T}~~ City J:'aeserves tl"le l~igh t tiQ c.r-large
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t:tle Contr~5M~tor the eost of t~le!it;er l~jhich is u..s,ed over nOl'7mal
require~man. ts 0 It is anticipeltted that a~11e Ta~rdc Con i;l~aC~c,or l~Jill
.". .'. ~sJ-&~Ge!-:. ir.rl:..C) the te~n.~ J?or ~tes tine; PUi"ipos:es <;;
na,"?Vt., ~&O pVlAt.p
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Tlle"'co'ntractor s~.JUlc-areful1y note the limits of COllstrllction
a.sshollnonthe pl~Y1soAllc ODJ3t ?'llctionaeti vi ty including
tempora,ry ,storage ofeonstrtlct1on ma.)Gerialsanaex'cess excava.te,d
mater.:l.&,ls ,directly connecte;d~lith the ,constr'uc.l;j.onof the el,e-=
vate'dtaiL.tt ,shall be eo~~in,ed to the area desig:nat'ed ,on the pla:n,s
a,s ':nC,onstl~~lctiori.Limi .1,;,s no
\70 ROpX; Al\lt) PARmiG PaP&CONSTtruCTIO!
;T:~o' .~,o. ,or1 eX~:rf' ~p.,.'':'e1''%l~''i V%.~ ..~~..t:)C")6~@n~#"\1,~~ ,l""!.r. "'~n,~ fl~e.V'1l .pzhe 1 '1
.Jk Ll~, ..... .i;Ar\o.i. eL$;.,;iiU ,...~ t'b~~ ~~~~'~ Q&.;.V~; ~J. \..of ~LrJoAQ J:1JoQ<t,,~. ~4-1.CAt~~
con:stru..cted lJl aceorclance 'litll the follol*lii1g spec,ificaJ&ionsg
]A rJSps(;1fications ;111ioh
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vons1:tJ:uc \1..:.v,nQt;,~~d~'Ue l.n u.n tiea1:Jp=1caDeb~S'C\;-
.-tioi1J; ,of ltiri.nesot,aSpec 1f1cati one
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,Certi,ficateofComp,li,anaefr,om the CoJtm1ission'er of'Taxatio,n
\1'il1 sSftis'fythia requireme.nt <) TheContrac"'tor 1sadvi,s'ed
tba:JG bS.fore suchQert:tfic,atec~be iSisued, he must first
~}:laceon file lfith the Commiss:t,onel~ofTaxatioll anaffidav:tt
tbatner~seompliedtfith th.e provis:ton,sof l~lGS(!iA 02900920
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AFFIDAVIT AND INFORMATION 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 h&ve 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 will 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.I. Number
(Number used on Employer'S Quarterly Federal Tax Return,
u. S. Treasury Department Form 941): .
- 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 flfair trade"
contract between the bidder and the person or firm ,supplying the
item to the bidder. (Use reverse side if necessary) 0
- 2 - AFFIDAVIT
CO~~R4CT FOR CONSTRUCTION
FOR THE VILLAGE OF NEVJ HOPE, MINNESOTA
IIJ1PROVEMENT NO 0
THIS AGREENENT, Made and entered into as of the day
of by and between the VILhAGE OF NEW HOPE,
MINNESOTA, a municipal corporation under the laws of the state
of Minnesota, hereinaft.er called the tio1t?nertJ and
, hereinafter called
the "contractor tt, vlITNESSETH ~
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 wit:
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 drawings,
entitled If , Improvement No.
11 prepared by Orlr.l-Schelen-Mayeron & Associates,
Inc. of Minneapolis, ~linnesota and dated , and to
- 1 - Fe
conform in all respects with the provisions and requirements of
the general conditions, special conditions and special provisions
for said improvement, which are entitled ttContract Documents for
for the Village of New Hope, Minnesota"
prepared by said Orr-Schelen-Mayeron & Associates, Inco and dated
.
2. The Contractor agrees that performance shall be in
accordance with the terms, requirements and conditions of this
instrument, the laws of the state of Minnesota, and the following
documents:
Advertisement for bids for said Improvement No. of the
Village of New Hope.
Proposal by the contractor, presented to the Village
Council of the owner on and accepted by
the o't-lner on .
Contract Documents for said Improvement No. , dated
referred to in the preceding paragraph of this
Agreement and made a part of the aforementioned proposalo
Plans and DravJings for said Imprc.\remerlt 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 NOe :; 1tJhich addendlJ~m
was prepared by orr-Schelen-Mayeron & Associates, Ine..
Public contractor's surety bond in the principal 811-111 of
the amOllnt bid.
- 2 - Fe
Each and all of the aforementioned contract documents are
hereby incorporated into this Agreement by specific reference
and the terms and provisions 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 Lmprovement Noo
on a unit price basis in accordance with said proposa13 and that
swn 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 thereinQ
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals as of the day and year first above writteno
.-. Contractor'
By
By
( Carpor-ate seal)
THE VILLAGE OF NKvJ HOPE
B~l
B~l
(New Hope Village Seal)
- 3 - Fe
A PPEIID IX
~.::._. -..-.:.-
De"Gs...il Plate 1::r 0 0
~
Blocking for \~late14 Mctil'l 1
Typical l\[~vt~er Main Beddi11g in clay, hardpan or
rock excavation conditions 2
Typica~l Hydrant Ins~Gal1atio11 3
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.;t\G A !J :r'-~4 S
NEW HOPE, MINNESOTA
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NEW HOPE t MINNESOTA ~
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