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ontract Documents
FOR
NIT ARY SEWER,W A TER
AND
PPURTENANT WORK
O~Ut=SCHEt~N=MA YERON & ASSOCIATES, INC.
CONSULTING ENGINEERS
MINNieAPOUS, MINNESOTA
i'Aay 9: 1967
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t'fy that this is a duplicate
This is to cer I . It
' f the plans referred to In a penn
copy 0 tructlon from the Minnesota
for cons
:Pollution Control Agency.
SEP 1 51967
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MAY 22 1967
MINN. DEPT. OF HEALTH
Sec. W. P. C.
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f~1iNNEsorl~ DI:Pl.\~'fM~N'f 0' HEALTH
Eliviroliment~i He.alth
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GSHi::R'\L com rErON'S
VILLAG~ OF NE~ EOPE, MINNLSOTA
r~A[}LE mi' COW1'2NT,s
ilr-tic:le Page
1. I~1 General
2. Definitions
3 ~ 1--1 t e rI)re tat j. OIl oj' l)~c:op OD Ct. ] (~()Yl Cl'c1 e)~ J )(Je '1_~Ll~: . L' '!
).,. p)l"U of CVilt rL (; t
~.. Com r'C!ctoI' I s lilSUC2nce
~.
j. CCll.1pliance \'Ji~;,l LEn'JS, BuilrL.rlg COC[(.3 and
ncculatiolls
r. fel'lDits and Licenses
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o. Assi[::nment of Contract
9. Sub-contract:Ll1~;
10. CCL1tl'acto:c"s _\esponsibi1ities
11. Termination of Con~ractorls ResponsiLilit~
12. Prosecution of Jork
13. Limitations of Operations
lL~. Confori'!1ity with Plaf1s and AllovJable Deviations
15. Co-ordination of Plans and Specifications
16. Contractor's Ri[ht to ReQuebt ChanGeD
17. Alterations of Plans or Ch8racter of iork
Ie. L1creased or Decrcased Q;uant L:; j,e s of :Tarle
IS. Cllarl,;C::3 in tile .lorl\:
20. Clatlls und Pr'otc8ts
21. ,Supcl'Lrtenclence Cl.1U :}upet'vitL on
22, ,CilLL~';.::;r I s Status
23. Inspeccion of Jork
2Lf. De lays and Extens ion of Time
25. Correct ion of Jork Before Final PayrJent
26. Correctio:.1 of 'flork After F2nal Payment
27. Failure to Complete dork on Tir1e
28. The Right of the O~ner to t.o the dork
29. Rjght of O:'mer to Declare Contractor in Default
30. JLccl'C iso of the HiLht to Dec 1a1"e in Default
31, r:2uitting the Site
32. CompletioL1 of the :forL After Default
33, Partial Default
3Lf. Scop:; of Payment
35. Applicutlons for Pa~Jents
36. Part Lal PnYlllentG
3'7. Cc;'C"\":J:':i cc,V.;;u of Payments
38. Pa~nen~s Jithheld
39. Final Inspection
40. Final PaYLlent
41. No Waiver of Legal Rights
42. Defense of Claims or Suits
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Article
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43. Patented Devices, Materials and Processes 21
44. Materials 21
45. Defective Work 22
46. Protection of the Work 23
47. Damage to Existing Imp~ovements 24
48. Protection and Restoration of Property 25
49. Privileges of Contractor in streets, Alleys,
and Right-of-Way 26
50. Work in storms 27
51. Night Work 27
52. Use of Explosives 27
53. Noise Elimination 27
54. Water 28
55. Sanitary Provisions 28
56. Fossils 28
57. Accident Prevention 28
58. "Or Equal" Clause · 28
59. Labor 28
60. Discrimination on Account of Race, Creed, or Color
Prohibited in Contract 29
61. Sites to be ~Kept.:Clean 29
62. Measurements 30
63. Guarantee 30
Jl)
GENERAL CONDITIO.\JS
VILLAGE OF NEW HOPE" llINNESOTA
1 . IN GEJ\TERAL
The standard fOrlf. of che American Institute of Architects" entitled
"The General Conditions of the Contract I" and containing Articles
1 to 44 inclusive" lS a part of these specifications" except that
the following General Conditions shall take precedence over aDd
modify any statements of the llGeneral Corditions of the Contract"
and shall be used in connection with them as part of the Contract
Documents. A copy of tnese General Conditi01s of the Contract is
on file in the Engineers' Offices and is subJect to inspection by
thls Contractor. Unfamiliarity with the ter-ns of these General
Conditions of the Contract will not relieve tnis Contractor of the
terms contained therein. The word llArchitectf1 in the General
Conditions of the Contract shall be construed to mean the same as
"Engineer" in this specification.
2.. DEFINITIONS
when used in these specifications and contract the following
terms" or if pronouns in place of them are used" tl ~e intent and
meaning shall be interpreted as follows:
~~~
(c)
( - \
d/
(e)
(f)
(g)
(h)
(i)
llThe Owner" means the Vlllage of New Hope" IVlinnesota.
"Engineer" means the Consulting Engineers as designated for
the project by the OWner" in this case Orr-Schelen-Mayeron
& Associates" Inc." Mi1neapolis" Minnesota.
llInspectorll an authorized representative of the Engineer"
assigned to make any or all necessary inspectlons of the
vwrk performed and tr~e macerials furnished by the Con-
tractor.
llLaboratoryll the testing laboratory w'hich may be approved
by the Engineer to inspect and determine the suitability
of naterials.
llBidderl1 any individual" firm or corporation submltting a
proposal for the work contemplated" acting directly or
through a duly authorized representative.
f1Contractorll is the individual" firm or corporation with
whom the Owner contracts ard unless othenvise specified
includes sub-contractors.
f1Proposal Form"" the approved prepared form on which the
Bidder is to or has submitted his-, their or its proposal
for the work contemplated.
llPlansll" all approved drawincs or reproduction of drawings"
pertaining to the construction of the work and appurte-
nances.
llSpecificationsll" the directions" conditions" provisio1S and
requirements contained hereln" together with all wrltten
agreements made or to be made" pertaining to the method
and manner of performing the work" or to the quantities
of materials to be furnished under the contract.
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(c)
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nlrop0sal ~$i the irt'ritten: l':r>crpo:sal of the. 'biidder on the Form
,':f"Urn:ished f0:t' the 'work Gont'emplated e. ,
t~iPropogalG'Uararttyn the security desigflau'e@=1n the Proposal
to be furni,shed' by "the BidG:1er as a gu.arantee of good faith
t.o enter into a cbntract with the ()wner~.if the work is
avtarded tb him",
nC'ontrac.tll~ the agreement covering the performance of the
vJ'ork and the fUrnishing6f materials in the construction
of the work~ The Contract shall include the nContract
Documents r~ and I?Contract Bond rl; also any and all supple-
mental agreements which reasonably may be required to
complete the construction of the work in a substantial
and acceptable manner 0
i!Contract Bondn~ 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 0
!!Suretyl!., the individual or corporate body l"lhich is bound
with and for the Contractor for the acceptable performance
of' the Contl"act and for his paym~nt of all obligations
pertaining to the worko
The term I~v.forkn of the Contractor or sub"",contract-or includes
labor or materials or botho
~AeS9ToMo~9 _~erican Society for Testing Materialso
lYleaning '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 when, or ~\There flcontemplated1!, llre_
quiredll, "directedll, I1specifiedl!, l1authorizedl!,9 lforderedl1,
f~givenllp IIdesignated t1;s> flindicated II" f1considered necessaryll.l'
!lpermitted lY:I Ils'\;lspended!J!I Happroved II:; l!acceptable II p llun_
acceptable I~:; Hsui table 11!J. Hunsuitable ll:; tlsatisfactoryl1!1
llunsatisfactoryll ~ or II suffic ient Ij Ji it shall be taken to
mean and intend3 by or to'the Engineero
3 I) INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS
If any person'.contemplating submitting a bid for the proposed
contract is in doubt as to the t~Ae meaning of any part of the plans,
specif'ications or other proposed contract documentss he may submit
to the Engineers a. written request for an interpretation thereof.,
The person submitting the request will be responsible for its
prorn:pt deliveryo Any interpretation of the proposed documents
will be made only by addendum duly issued and copy of such addendum
tifill be mailed '01'" c1elivered to each person receiving a set of such
contract documents and such other prospective bidder as have
req,uested that they be fur'l1ished with a copy of each addendumo
'l'heOWlner will not be responsible for any 0ther explanation or
interpretations of the proposed contract documents"
'"
4 Q FORM OF GO~lTR1V;;rp
The Fbrm' of qohtraet to be used shall be the form prescribed and
prOVided by the '01<'mer in the Contract Documents"
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5. CONTRACTORuS INSURANCE
No Contractor nor sub-contractor shall commence work 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 Village and maintained by the Contractor until final
completion of the work.
Ae Workmen~s Compensation Insurance
The Contractor shall take out and maintain for the duration of this
contract statutory Workmen's Compensation Insurance and Employer8s
Liability Insurance as shall be required under the laws of
the State of Minnesotae
Eo General Liability Insurance
(1) Public Liability Insurance
The Contractor shall take out and maintain during the life of
this contract such Public Liability and Property Damage Insurance
as shall protect him from all claims for bodily injury including
accidental death as well as from all claims for Property Damage
arising from operations under this contract. The minimum limits
which are required are~ $200,000 for in~uries including
accidental death to anyone person, and $500pOOO for injuries
including accidental death resulting from one accident; Property
Damage in the amount of not less than $100,000 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,;l excavation" borrowing; filling,
backfilling~ tunneling, pile driving, coffer-dam
work or caisson work, orp
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To moving, shoring, underpinning, raising or demo-
lition of any building or structure removal or
rebuilding of any structural support thereof
(b) Injury to or destruction of wires, conduits, pipes,
mains, sewers, or other similar property, or any apparatus
in connection therewith, below the surface of the ground,
if such injury or destruction is caused by or occurs
during the use of mechanical equipment for the purpose
of grading of land, paving, excavating or drilling, 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.
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(2) Automobile Insurance
The Contractor shall carry Automobile, Insurance on all auto...
motive equipment owned, rented or borrowed in the minimum amounts
of $200,000 for injuries including accidental death to anyone
person and $500,000 for injuries including death resulting from
anyone accident. This policy must also provide $100,000 Property
Damage coverage.
(3) Contractual Liability Insurance
The Contractor agrees to hold harmless and indemnify th~Village,
the Engineer and their agents from every claim, action, cause of
action, liability, damage, expense or payment incurred by reasons
of any bodily injury including death, or property damage resulting
from the Contractor's operations on this project.
4 Owner's Protective Liabilit
T e Contractor shall provide OWner s
Property Damage Insurance in the name of the Village 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 by independent contractors and general supervision
thereof.
Co Builder1s Risk-Fire and Extended Coverage Insurance
~f 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 procured and maintained by the Contractor in behalf of
himself, the Village and his sub-contractors, on a complete value
form.
Insurance certificates evidencing that the above insurance is in
force with companies acceptable to the Village and in the amounts
required shall be submitted to the Village Attorney for examination
and approved concurrently with the execution of the contract,
after which they shall be filed with the Village Clerk. 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 Village.
(b) Coverage is included for blasting, collapse and
underground hazards, and
(c) The contractual liability hazard has been insuredo
60 COMPLIANCE WITH LA1iS.Il BUILDING CODES .AND REGULA.TIONS
The Bidder is assumed to have made himself familiar with all
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Codes, state Laws, Ordinances and Regulations which in any manner
affect those engaged or employed in the work, or the materials
or equipment used in or upon the improvement, or in any way
affect the conduct of the work and no plea of misunderstanding
will be considered on account of the ignorance thereof. The
provisions of such codes, laws or ordinances are deemed to be a
part of these specifications and the Contractor will be bound
by the provisions thereof.
The Contractor shall and also by a Surety agree to indemnify and
save harmless the Owner and all of its officers, agents and
servants against any claim or liability arising from or based on the
violation of any such law, ordinance, regulation or decrees,
whether by himself or his employees.
If the Contractor shall discover any provisions in the Plans,
Contract, or these Specifications or any direction of the Engineer
or Inspector which is contrary to or inconsistent with any such
law, ordinance, regulation or decree; he shall forthwith report
its inconsistency to the Engineer in writing.
7. PEm~ITS MiD LICENSES
The Contractor shall procure all permits and licenses, pay all
charges and fees and give all notices necessary and incidental to
the due and lawful prosecution of work.
8. ASSIGNMENT OF CONTF~CT
No assignment by the Contractor of any principal construction
contract or any part thereof or of the funds to be received
thereunder by the Contractor, will be recognized unless such
assignment has had the written approval of the OWner, and the
surety has been given due notice of such assignment and has
furnished written consent thereto. In addition to the usual
recitals in assignment contracts, the following language must be
set forthg
"It is agreed that the funds to be paid
to the assignee under this assignment
are subject to a prior lien for services
rendered or materials supplied for the
performance of the work called for in
said contract in favor of all persons,
firms or corporations rendering such
services or supplying such materials.lI
9 I> SUB...CONTRACTnJG
All sub-contractors shall be subject to the approval of the Owner
and the Engineer and no sub-contracts shall be let without such
approval.
100 CONTRACTORiS RESPONSIBILITIES
The Qontractor shall furnish all necessary machinery, tools, labor
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and material of every character required, and shall fully complete
the work in accordance with the plan, specifications and detail
drawings, for the prices bid. The entire work to be performed
under the contract for this improvement is to be at the ContractorBs
risk, and he is to assume the responsibility for and risk of all
damages to the work or to property adjacent to or on the line
of said work. The Contractor shall have charge of and be
responsible for the entire improvement until its completion
and acceptance. He shall be liable for any defects which may
appear or be discovered on his work.
Whenever the Contractor is not present on the work, directions
will be given to the Superintendent or Foreman who may have immediate
charge thereof, and shall by him be received and strictly obeyed.
The Contractor shall designate one person who shall have charge
of the job and to whom the inspector shall give directions. If
any person employed on the work shall refuse or neglect to obey
the directions of the Engineer, or his duly authDrized representa=
tive, in anything relating to the work, or shall appear to be
incompetent, disorderly or unfaithful, he shall, upon the request
of the Engineer, be at once discharged and not again employed upon
any part of the work.
11. TERMINATION OF CONTRACTOR'S RESPONSIBILITY
Except as otherwise provided for in these specifications and in
the Contractor's Bond, the Contractor's responsibility on his
contract shall continue until final acceptance of his work by
the Engineer, such acceptance to be made promptly after final
completion of the work, and thereafter until all obligations
contained in such contract shall have been fully performed by
the Contractor, according to the terms of the contract.
12. PROSECUTION OF WORK
All dealings of the ~~ner will be with the Contractor. No work
shall be started until the Contract has been executed.
Definite notice of intention to start work shall be given to the
OWner at least five (5) days in advance of beginning the work.
Such starting time shall be within ten (10) calendar days after
the date of receipt by him of notice to proceed. The official
starting time shall be taken as the date on which the Contractor
is notified by the Engineer that he has fulfilled all preliminary
requirements of the OWner. The official completion date will be
calculated from the number of calendar days between the starting
date and the completion date or time allowed for completion,
using the official starting date as hereinbefore defined. Should
the prosecution of the work for any reason be discontinued
temporarily, by the Contractor, with the consent of the Engineer,
he shall notify the Engineer at least t~Jenty-four' (24) hours
before again resuming operations.
The Contractor shall submit, at such times as may reasonable be
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requested by the Engineerp schedules which shall show the order
in v,rhich the Contractor proposes to carryon the. work, with dates
at which the Contractor will start the several parts of the
work, and estimated dates of completion of the several parts" If
deemed necessary by the Engineer, he shall have the right to
change such schedule of operation as required"
The work shall be prosecuted in such manner as to insure its
completion within the time set for it in the Contract" In case
of failure to prosecute the work in such a manner as to insure
its completion within the date specified, the Engineer shall
have the right to require the Contractor to place in operation
such additional force and equipment as is deemed necessary"
13" LIMITATIONS OF OPERATIONS
In case of a dispute arising between two or more Contractors
engaged on the same work, as to the respective rights of each
under these Specifications, the Engineer shall determine the matters
at issue and shall define the respective rights of the 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 shall be final and binding on all parties
concerned and shall not in any way be a cause for claim for
extra compensation by any of the parties.
14" CONFORIVIITY vHT"'.tI 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 Engineer"
15" CO...DB.DINATION OF PLlLWS AND SPECIFICATIONS
This Contractor shall take no advantage of any apparent error or
omission in the Plans or Specifications, but the Engineer shall
be permitted to make such corrections and interpretations as may
be deemed necessary for the fulfillment to the intent of the
Plans and Specifications"
Any work not herein or on the plans specifically specified but
which may be fairly implied or understood as included in the
Contract, shall be done by the Contractor without extra charge"
Any ambiguity or discrepancy in the Plans or Specifications shall
b~~djUsted by using the best class of work or materials.
In the case of any discrepancy between the scale and ~ures on
all plans, drawings~ etc., the figured dimensions shall govern.
In the case of any discrepancy between the quantities shown in
the proposal and those shown on the plans, the plans shall pre-
vail" In case any other discrepancy occurs between the plans
and these Specifications, the decision of the Engineer shall be
decisive thereon.
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16. 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 forthwith
advise the Engineer in writing of the particulars. It is under-
stood and agreed that9 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 design.
17. ALTERATIONS OF PLANS OR CHARACTER OF WORK
The Engineer is given the right as the work progresses9 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 work. Such changes shall
~n no way invalidate the contract.
The Contractor will be informed in writing of all or any such
alterations in character of work, before being ordered to perform
such work. After receipt of such notice$ the Contractor will be
given a reasonable length of time to accept or to protest the
performance of work covered by such alterations. Should the
Contractor, after having been notified and before any agreement
has been reached, perform any of the work covered by such alterations,
it will be construed that he has accepted such alterations of the
work.
The plans and specifications show the work to be performed.
Construction conditions may require that minor changes be made in
location and installation of the work and equipment to be furnished
and other work to be performed hereunder and the Contractor when
ordered by the Engineer shall make such adjustments and changes
in said locations and work as may be necessary without additional
charge, provided such adjustments and changes do not alter the
character, quantity or cost of work as a whole and provided further,
the plans and 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 is
mad e .
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18. INCREASED OR DECREASED QUANTITIES OF ~VORK
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 items.
Such changes shall in nowise invalidate the Contract.
The ~~ner 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 work.
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No allowance for anticipated profits will be made.
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 accordingly. No such order for extra work or change shall
be valid unless authorized by official action of the Owner, and
communicated to the Contractor in writing. All 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 more of the
following ways:
1) By unit prices names in the contract wherever such unit prices
are applicable to the extra work or change.
2) By an acceptable lump sum proposed from the Contractor.
3) By force account paid for in the following manner:
a) For all labor and foreman in the direct change of the
specific work, the Contractor will receive the actual wages
paid for each and every hour that said labor and foreman
are actually engaged in such work, plus the cost of bond,
insurance, and taxes allowable to such wage cost, to which
cost shall be added 15% of the sum thereof. No charge shall
be made by the Contractor for organization or overhead
expenses.
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 su~ thereof.
Where materials are not specifically purchased for llForce
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 invoices. This affidavit shall be approved by the Engineer.
c) For any machinery, trucks.!' or equipment including fuel
and lubricants~ which it may be deemed necessary or desirable
to use, the Contractor will receive a reasonable rental
price, for each and every hour that said machinery, trucks
and equipment are in use on such work~ and to which sum no
percentage will be added. Such rental price shall not exceed
the rates established by the A.G.C. for this district for
comparable rentals and shall be subject to the Engineersi
approval.
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d) The compensation as herein provided shall be received by
the Contractor as payment in full for t'l1ork done by TiForce
Account" and said fifteen (15%) per cent for labor and said
ten (10%) per cent for materials shall be agreed to cover
profit$ superintendence 9 general expensep overhead9 bond
premiumsp 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
lTForce Accountli basis at the end of each da~o Copies of
the records shall be made in triplicate on ,vPorce AccountlT
forms $ provided for this purpose by the Engineer and signed
by both partieso To all such claims for Force Account Workp
the Contractor shall attach receipted bills fory or affidavits
of9 materials used and freight receipts covering freight 9n
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 include all labor charges and material
charges insofar as they can be verifiedo
Should the Contractor refuse or fail to execute the work as
directedp or to submit his claim as required, the Owner may
withhold payment of all current est1rnat~s until the Contractor1s
refusal or failure is eliminated~ a~ ~~~giving the Contractor
due notice the ()t,iTner may make paYment for said 't'lOrk on a basis of
a reasonable estimate of the value of the work performedo
20Q CLAIMS AND PROTESTS
If the Contractor claims that any instructions by drawings or
othen~ise to be unfair or involve extra cost under this contract
for Which he would claim extra compensationy he shall give the
Engineer written notice thereof within a reasonable time after
the receipt of such instructions9 and in any event before
proceeding to execute the worky except in emergency endangering
life or property, and the procedure shall then be as provided
for changes in the worko No such claim will be valid unless so
mad e .
21. SUPERINTE1IDENCE AND SUPERVISION
The Contractor shall keep on his t~lork during its progress a compe-
tent superintendent and any necessary assistantsJ all satisfactory
to the Engineero The superintendent shall not be changed except with
the consent of the Engineer 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 binding as if given to
the Contractor. Lmportant directions shall be confirmed in ~\)'riti..l1.g
to the Contractoro Other directions shall be so confirmed on
written request in each caseo
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The Contractor shall give efficient supervision to the work, using
his best skill and attentionj 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
Klans and Specificationso He shall have said Pla~ and
Specifications available on the work, at all times, during the
prosecution of the workc He shall give the work his constant
attention to facilitate the progress thereof and shall cooperate
with the Engineer in setting and preserving stakes, bench marks,
etc., and in all other things that are necessary for satisfactory
completion of the work contemplated.
220 ENGINEER!S 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
the contract documents and as authorized by law. He has authority
to stop the work whenever such stoppage may be necessary to insure
proper execution of the contract. He is recognized by both
parties to the contract as the interpreter of the contract documents.
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
all questions regarding the interpretations of specifications or
plans relating to the work, and shall determine the amount and
quantity of the several kinds of work performed, and materials
furnished, which are to be paid for under the contract. Any work
not specifically specified on the plansj but which may be fairly
implied, or understood, as included in 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 specifications. In the case of any discrepancy occuring
between the plans and specifications, the decision of the
Engineer is final.
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 inspection.
;"':Alir,i~e.pector may be stationed on the work to report to the Engineer
as to the progress of the work and the manner in which it is
performed, also to report when it appears that the materials fur~
nished, or the work performed by the aontract~r fail to fulfill
the 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 furnished$ 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 top and
decided by the Engineer~ No advice which the Inspector may
give the Contractor shall be construed as binding upon the
OWner nor will such advice release the Contractor from the
fulfillment of the ~erms of the contracto
If the specificationsp the Engineer~s instructions9 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, of the date fixed for such
inspectiono Inspections by the Engineer shall be promptly made
and where practicable at the source of supply 0 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 expenseo
He-examination of questioned work may be ordered by the Engineer$
and if so ordered$ the work must be uncovered by the Contractoro
If such work be found in accordance with the contract documents,
the ~Jner 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 Contractor3 in which
event the Owner shall pay the costo
240 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 ~Jner 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 Contractorgs control, 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 ~wner shall be
binding on both parties 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 commencedo 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 delaY9 nor shall the Contractor be entitled to an
extension for causes of delay if one of such causes for which
extension is authorized aboveo The Contractor shall have no
claim for damages against the Owner for delay in performance
of the contract due to any act or omission of the Owner or any of
its representatives$ and his sole remedy on account thereof shall
be his right to apply to the Engineer for extension of time as
provided hereino
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25. CORRECTION OF WORK BEFORE FINAL P AYlflENT
The Contractor shall promptly remove from the premises all
materials condemned by the Engineer as failing to conform to the
contracts whether incorporated in the work or not and the Contractor
shall promptly replace and re-execute his own work in accordance
with the contract documents and without expense to the Owner and
shall bear the expense of making good all work of the other
Contractors destroyed or damaged by such removal or replacement.
All materials not conforming to the requirements of these specifica-
tions shall be considered as defective and all such materialsp
whether in place or not~ will be rejected and shall be removed
immediately from the right of way, unless otherwise permitted.
No material which has been rejected, the defects of which have been
corrected or removeds shall be used until approval has been giveno
If the Contractor does not remove such condemned work and materials
within a reasonable time fixed by written notice, the Owner may
remove them and may store the material at the expense of the
Contractor. If 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
private sale and shall account for the net proceeds thereof, after
deducting all the costs and expenses that should have been borne
by the Contractor.
26. CORF.ECTION OF tvORK AFTER FINAL PAYMENT
Neither the final certificate, nor payrnent.[l nor any provision of
the contract documents9 shall relieve the Contractor of respon-
sibility for faulty material or workmanship, and unless othe~iise
specified he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom which shall appear within
a period of one year from the date of substantial completiono The
~lner shall give notice of observed defects with reasonable
promptness. All questions arising under this article shall be
decided by the Engineer.
27 . F AlLURE TO COMPLETE VWR.T\: ON TIME
The Contractor guarantees that he can and will complete the work
within the time limit stated in the Agreement>> or within the
time as extended as provided elsewhere in the contract documentso
Inasmuch as the damage and loss to the ~lner which will result
from the failure of the Contractor to complete the work within
the stipulated times will be most difficult or impossible of
accurate assessments 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.[l by which the
Contractor shall fail to complete the work or any part thereof in
accordance with the provisions hereof, and such liquidated damages
shall not be considered as a penalty. The Owner will deduct and
retain out of any money due or become due hereunder the amount of
liquidated damages, and in case those amounts are less than the
amount of liquidated damages the Contractor shall be liable to pay
the difference upon demand.
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Permitting the Contractor to. continue and finish the work or any
part of it after the time fixed for 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
28" THE RIGHT OF THE mmER TO DO THE vJORK
If 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, hOl'lever, that
the Engineer shall approve both such action and the amount
charged to the Contractor.
29 $ RIGHT OF THE mill\fER TO DECLARE CONTRACTOR IN DEFAULT
In addition to those instances specifically referred to in other
articles 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; or 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; or 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
refuse sufficiently to increase such working force when ordered
to do so by the Engineer; or if
8) The Contractor shall sublet, assign, transfer, conveyor
otherwise dispose of his contract other than as herein speci-
fied; or if
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9) . A receiver or receivers are appointed to take charge of the
Contractoris property or affairs; or if
10) The Engineer shall be of the opinion that the Contractor is
or has been wilfully or in bad faith violating any of the
provisions of this contract; or if
IlJ The Engineer shall be of the opinion that the Contractor
is or has been unnecessarily or unreasonably or wilfully
delaying the performance and completion of the work, or the
award of necessary sub-contracts, or the placing of necessary
material and equipment orders; or if
12) The Engineer shall be of the opinion that the work cannot
be completed within the time herein provided therefore or
within the time to which such completion may have been
extended; provided, however, that the impossibility of timely
completion is in the Engineeris opinion, attributable to
conditions within the Contractor1s control; or if
13) The Engineer shall be of the opinion that the Contractor is
not or has not been executing the contract in good faith and
in accordance with its terms; or if
14) The work is not completed within the time herein provided
therefore or within the time to which the Contractor may be
entitled to have such completion extended.
15) Before the OWner shall exercise its right to declare the
Contractor in default b? reason of the conditions set forth
in items numbered 1), 4), 5), 6), 7), 10), 11), 12), 13)
and 14), he shall give the Contractor an opportunity to be
heard, on two days! notice at which hearing the Contractor
may have a stenographer present; provided, however, that a
copy of such stenographic notes, if any, shall be furnished
to the Oi;lner 0
30. EXERCISE OF THE RIGHT TO DECLARE IN DEFAULT
The right to declare in default for any of the grounds specified
or referred to in Article 21 hereof, shall be exercised by sending
the Contractor a notice, signed by the Engineer, setting forth
the ground or grounds upon which such default is declared.
31. QUITTING THE SITE
Upon receipt of such notice the Contractor shall immediately dis-
continue all further operation under this contract and shall
immediately quit the site, leaving untouched all plant materials,
equipment, tools and supplies then on the site.
320 COJ.V1PLETION OF THE ~'lOF.K AFTER DEFAULT
The Owner, after declaring the Contractor in default, may then
have the work completed by such means and in such manner, by
contract with or without public letting, or otherwise, as it may
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deem advisable, utilizing for such purpose such of the Contractorts
plant, materials, equipment, tools and supplies remaining on the
site, and also such sub-contractors as it may deem advisable.
After such completion, the Engineer shall make a certificate
stating the expense incurred in such completion, which shall
include the cost of reletting and also the total amount of
liquidated damages (at the rate provided for in the Specifications)
from the date when the work should have been completed by the
Contractor in accordance with the terms hereof to the date
of actual completion of the work. Such certificate shall be
binding and conclusive upon the Contractor, his Sureties, and
any person claiming under the Contractor, as to the amount
thereof.
The expense of such completion, as so certified by the Engineer
shall be charged against and deducted out of such monies as would
have been payable to the Contractor, if he had completed the
work; the balance of such monies, if any, subject to the other
provisions of this contract, to be paid to the Contractor without
interest after such completion. Should the expense of such
completion, so certified by the Engineer, exceed the total sum
which would have been payable under this contract if the same
had been completed by the Contractor, any such excess shall be
paid by the Contractor to the Owner upon demand.
33 (> P ARTIAL DEFAULT
In case the Owner snaIl declare the Contractor in default as to a
part of the work only, the Contractor shall discontinue such part,
shall continue performing the remainder of the work in strict
conformity with the terms of the contract, and shall in no way
hinder or interfere with any other Contractors or persons whom
the OWner may engage to complete the work as to which the Contractor
was declared in default.
The provisions of the clauses herein relating to declaring the
Contractor in default as to the entire work shall be equally
applicable to a declaration of partial default, except that the
OWner shall be entitled to utilize for completion of the part of
the work as to which the Contractor was declared in default only
such plant, materials, equipment, tools and supplies as had been
previOUSly used by the Contractor on such parto
340 SCOPE OF PAYMENT
The Contractor shall receive and accept the compensation as
herein provided, in full payment for furnishing all materials,
labor.ll tools, ,equipment" rOyalti:~l fees~ insurance, permits.~
bonds, etc~, and for perfor~ing , . ~~ ~~amplated and
embraced under the Oontract~ also for all aoss or damage
ariSing out of the nature of the W~rk$ or from the action of
the elements, until its final acceptance by the ~fner~ and for
all risks connected ~1th the prosecution of the work~ also for
all expenses iDcurred by, or in consequen~e of$ the suspension
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or discontinuance of said prosecution of the work as herein
specified and for completing all of the work embraced in the
Contract.
The Contractor shall under this contract price furnish and pay
for all material and incidental work, 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 workmanship.
350 APPLICATION FOR PAYM~NTS
The Contractor shall submit to the Engineer an application for
each payment verified as required by law for claims against the
Owner, and, if required, receipts or other vouchers showing his
payments for materials and labor, including payments to sub-
contractors. Application for progress payments authorized by
the contract shall be submitted at least twenty (20) days before
each payment falls due, and, if required, the Contractor shall,
before the first application, submit to the Engineer a schedule
of values of the various parts of work, including the quantities,
aggregating the total sum of the contract divided so as to
facilitate payments to sub-contractors, made out in such form,
and supported by such evidence as to its correctness as the Engineer
may direct" In applying for payments the Contractor shall
submit a statement based upon this schedule, supported by such
evidence as the Engineer may direct, sh~ling his right to payment
claimed" 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 sale, or such procedure
as will establish the title of the OWner to such material, or
otheftvise adequately protect the interest of the Owner. The
Engineer will examine claims for payment promptly, and his
determination of the amount due on progress payment will be f1~lo
36" PARTIAL PAYlvJENTS
Unless payments are withheld by the Owner for reasons hereinbefore
stated, payment will be made at least once a month on a basis of
ninety (90%) per cent of the work done, provided the work is
progressing to the satisfaction of the Engineer.
Monthly estimates may include the value of acceptable materials
required in the construction, which have been delivered on the
site of the work or adjacent railway siding, and for which
acceptable provisions have been made for their preservation and
storage 0 From the total value of the materials so reported, ten
(10%) per cent will be retained. Such material, when so paid for
by the OWner, shall become the property of the Owner, and in the
event of the default on the part of the Contractor, the ~jner may
use or cause to be used such materials in the construction of the
work provided for in the contracto The amount thus paid by the
OWner for materials shall go to reduce estLmates due the Contractor
as the material is used in the work.
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Vouchers will be passed for payment by the Owner not later than
the tenth (10th) of the following month, unless delayed by
requirements for examination or auditing by other authorities.
37 . CERTIFICATES OF PAYMENT
If the Contractor has made application as above, the Engineer
shall, not later than the' date when each payment falls due, issue
to the Contractor a certificate for such amount as he decides
to be properly due"
No certificate issued nor payment made to the Contractor, nor
partial, or entire, use, or occupancy of the work by the OWner,
shall be acceptance of the work or materials not in accordance
with this contract.
38. PAYMENTS WITHHELD
The Owner may withhold, in addition to retained percentages, from
payment to the Contractor such an amount or amounts as may be
necessary to cover:
1) Defective work not remedied.
2) Claims for labor or materials furnished the Contractor or
sub-contractor, or reasonable evidence indicating probable
filing of such claims"
3) Failure of the Contractor to make payments properly to
sub-contractors or for material or labor.
4) A reasonable doubt that the contract can be completed for
the balance then unpaid.
5) Evidence of damage 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 Contractorp the OWner or the Engineer.
The Owner may disburse and shall have the right ~o act as agent
for the Contractor in disbursing s~h ~s ~s have been withheld
pursuant to this paragraph to the ~ar~ ~r ~~t!es wh~ are entitled
to payTIent therefrom, but theewner a~eS n~ 0bligat1on to ma~e
such disbursement. The ~~ne~ will ren~er te the co~tractor a
proper accounting of al1ls:uch fUnds disbursed$! ,
390 FINAL INSPEG:Tx.t\1lli
The Engineer 'l,1i11 make final irxspection 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 completion"
If such work is not acceptable to the Engineer at the time of his
inspection, he will advise the Contractor in writing as to the
particular defects to be remedied before such work can be accepted.
Ifb within a period of ten (10) days after such notification, the
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Contractor has not taken steps to speedily complete the work as
directed, the Engineer may, without further notice and without
in any way impairing the contract, make such other arrangements
as he may deem necessary to have such work completed in a
satisfactory manner. The cost of so completing such work shall
be deducted from any monies due, or which may become due the
Contractor on his contract. '
40. FINAL PAYMENT
Upon completion of the work and its acceptance by the Engineer,
the Engineer will prepare a final estimate containing complete
quantities of each and every item of work performed by the
Contractor, and the value thereof, upon acceptance of said final
estimate by the Contractor, the Engineer will certify in writing to
the Owner as to the completion and his acceptance of the work, and
to the entire amount and value of each and every item of work per-
formed in accordance with the terms of the contract. Unless as
herein provided, the Owner will accept the Certificate and Final
Estimate for final payment and will notify the Contractor and
his Surety or Sureties of the acceptance of the work. The
action of the Owner and the Engineer, by which the Contractor is
to be bound and the contract concluded according to the terms
thereof, shall be evidenced by the aforesaid Certificate and
Final Payment. All prior certificates or estimates upon which
payments may have been made are merely partial estimates and
subject to correction in the final payment.
Before final payment is made for the work on this Project, the Con-
tractor must make a satisfactory showing that he has complied with
the provisions of Minnesota Statutes Annotated 290.92 requiring the
withholding of State income tax for wages paid employees on this
Project. Receipt by the Clerk of the Village of a Certificate
of Compliance from the Commissioner of Taxation will satisfy this
requirement. The Contractor is advised that before such certifi-
cate can be issued, he must first place on file with the Commissioner
of Taxation an affidavit that he has complied with the provisions
of M.S.A. 290.92. The required affidavit form will be supplied by
the Commissioner of Taxation, Centennial Building, st. Paull,
Minnesota, on request.
Final payment will not be made until the Contractor shall have filed
with the Owner evidence in the form of an affidavit and such other
evidence as may be required that all claims against him by reasons
of the contract have been fully paid or satisfactorily secured. In
case such evidence is not furnished, the Owner may retain out of
any amount due said Contractor sums sufficient to cover all claims
unpaid.
41. NO WAIVER OF LEGAL RIGHTS
The Owner, or its Engineer, shall not be precluded or stopped by
any measurement, estimate or certificate, made or given by them, or
by any of their agents or employees, under any provlslon or provi-
sions, of the Contract, any time either before or after the
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completion and acceptance of the work and payment thereof pursuant
to any measurements) estimate or certificate) from showing the true
and correct amount and character of the work performed and
materials furnished by the Contractor or from showing at any time)
that any such measurements, estimate or certificate is untrue or
incorrectly made in any pa~ticular or that the work or materials
or any part thereof do not conform in fact to Specifications and
Contract, and the OWner shall have the right to reject the whole
or any part of the aforesaid work or material, should the said
measurement, estimate) certificate or payment be found, or be
known to be inconsistent with the terms of the Contract, or other-
wise improperly given, and the Owner shall not be precluded or stop-
ped notwithstanding any such measurement, estimate, certificate and
payment in accordance herewith, from demanding and recovering from
the Contractor and his Surety such damages as it may sustain by
reasons of his failure to comply with the terms of the Specifica-
tions and Contract 0
Neither the acceptance of the Owner or its Engineer or any of their
agents or employees, nor any certificates by the Engineer, for
payment of money, nor any payment for, nor acceptance of the whole
or any part of the work by the Owner, or its Engineer, nor any
extension of time, nor any possession taken by the OWner or its
employees, shall operate as a waiver of any portion of the Contract
or any power herein reserved by the Owner, or any right to damages
herein provided, nor shall any waiver of any breach of the Contract
be held to be a waiver of any other or subsequent breacho
~
~:
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420 DEFENSE OF CLAIlf~ OR SUITS
The Contractor shall indemnify and save harmless the OWner and all
of its officers, agents, and employees, from any and all loss,
damages, expense, including cost and expense and attorney!s fees
of litigation arising from all suits, actions, or claims of any
character, name and description, brought for, or on account of any
injuries or damages received or sustained by any person, or persons
or property by or from the said Contractor or by or in consequence
of any neglect in safeguarding the work) or through the use of un-
acceptable materials in constructing the work or by or on account
of any act or omission, neglect or misconduct of said Contractor, or
by or on account of any claims or amounts recovered for any infringe-
ment of patent, trademark or copy right, or from any claims
or amounts arising or recovered under the IlWorkmenqs Compensation
Lawn, or any other law, bylaw, ordinance, order or decree and so
much of the money due the said Contractor under and by virtue of
his Contract as shall be considered necessary by the Owner may be
retained for the use of said Owner, or in case no money is due
his Surety shall be held until such suit or suits, action or
actions, claim or claims, for injuries or damages, as aforesaid
shall have been settled and suitable evidence to that affect
furnished to the ~1nero
The unauthorized use by the Contractor of public or private
property for any purpose may be considered an injury or damage to
the property so used.
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No moniesJ payable under the ContractJ or any part thereof except
the estimate for the first monthJ or periodJ shall become due
and payableJ if the Owner so elects, until the Contractor shall
satisfy the said Owner that he has made a satisfactory settlement
for all materials and equipment used in or upon the work and labor
done for the preceding month in connection therewith.
43. PATENTED DEVICES, MATERIAl,S AND PROCESSES
If the Contract requires, or the Contractor desires, the use of
any design, deviceJ material or process covered by letters patent
or copyright, trade mark or trade name, he shall provide ~or such
use by suitable legal agreement with the patentee or owner and a
copy of said agreement shall be filed with the Village. If no such
agreement is made of filed 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 such patented design,
device, material or process, or any trade mark or trade name or
copyright in connection with the work agreed to be performed under
the ContractJ and shall indemnify the OWner for any costsJ expenses
and damages which it may be obliged to pay, including cost, expense,
and attorney's fees incident to litigation by reason of any such
infringement, at any time during the prosecution or after the
completion of the work.
44. IVlATERIALS
Unless otherwise specified all materials shall be new, and. both
workmanship and material shall be of good quality. The Contractor
shall, if required, furnish satisfactory evidence as to the kind
and qu~lity of materials or tools used by him.
The source of supply of the materials to be used shall be approved
by the Engineer before delivery is started. The approval of the
source of any material will stand only so long as the material
itself conforms to the specifications. Only materials conforming
to the requirements of these specifications shall be used in the
work. The source of any material shall not be changed at any time
without the written approval of the Engineer. The Contractor may
be required at any time to furnish a complete statement of the
origin; composition and manufacturer of any or all materials
required in the work, or to submit samples of the same.
Materials shall be stored so as to insure the preservation of their
quality and fitness for the work and such materials, even though
approved before storage, shall be subject to test and must meet
the requirements of these specifications at the time it is proposed
to use them in the work. Materials shall be stored in a manner
that will facilitate inspection.
The portion of the site or right-of-way not required for public
travel may, with the consent nf the Engineer, be used for storage
purposes, and for the placing of the Contractor's plant and
equipmentj but any additional space required, unless otherwise
stipulated, shall be provided by the Contractor at his expense.
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All materials, supplies, and articles furnished shall, whenever
so specified, and otherwise wherever practicable, be the standard
stock products of recognized reputable manufacturers. '
F~om the commencement of the work until the completion of the same~
the Contractor shall be solely responsible for the care of the
work covered by this contract and for the materials delivered at
the site intended to be used in the work and all injury or damage
to the same from whatever cause, shall be made good at his expense
before the final estimate is made. He shall provide suitable
means of protection for and shall protect all materials intended
to be used in the work and all work in progress as well as completed
work. He shall take all necessary precautions to prevent injury
or damage to the work in progress of construction by flood,
freezing or from inclemencies of the weather at any and aIr-times
and only approved methods shall be used for this purpose.
\f.hen tests of materials are necessary, such tests shall be made by
and at the expense of the Contractor unless otherwise provided. The
Contractor shall afford such facilities as the Engineer may require
for collecting and fo~~arding samples, and shall not use the
materials represented by the samples until tests have been made and
the materials have been found to satisfy the requirements of these
specifications. The Contractor in all cases shall furnish the
required samples without charge.
All materials not conforming to the requirements of these specifi-
cations shall be considered as defective and all such materials,
whether in place or not, will be rejected and shall be removed
immediately from the right-of-way, unless othe~lise permitted~ No
material 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 reasonable time fixed by written notice, the Village may
remove them and may store the materials at the expense of the
Contractoro If the Contractor does not pay the expense of such
removal within ten days thereafter, the Village may, upon ten days?
written notice, sell such materials at auction or at private sale
and shall account for the net proceeds thereof, after deducting
all the costs and expenses that should have been borne by the
Contractor.
The Contractor shall promptly remove from the premises all
materials condemned by the Engineer as failing to conform to the
contract, whether incorporated in the work or not and the Contractor
shall promptly replace and re-execute his own work in accordance
with the Contract Documents without expense to the Village and shall
bear the expense of making good all work of the other Contractors
destroyed or damaged by such removal or replacement;
450 DEFECTIVE i^JORK
All work not conforming to the requirements of these Specifications
shall be considered as defective and \1111 be rejected. The
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Contractor shall remove and renew or repair all such defective
work as ordered, in writing, by the Engineero
Should the Contractor fail, or refuse to remove or renew any
defective work performed previously, or to make any necessary
repairs in an acceptable manner and in accordance with the re-
~lirements of these Specifications, within the time indicated in
writing, the Engineer shall have the authority to cause the un-
acceptable or defective work to be removed and renewed or repaired
at the Contractor's expense 0 Any expense incurred by the Owner
in making these removals, renewals, or repairs, which the
Contractor has failed or refused to make, shall be paid for out
of any monies due or which may become due the Contractor, or may
be charged against the "Contract BondI! deposited; and continued
failure or refusal on the part of the Contractor to make any or all
necessary repairs promptly, fully and in acceptable manner shall
be sufficient cause for the Owner at his option, to purchase
materials, tools and equipment, and employ labor or to contract
with any other 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 Bondll deposited. Any
work performed, as described in this paragraph, shall not relieve
the Contractor in any way from his responsibility for the work
performed by him.
The Owner shall also have authority to take over and use defective
work without compensation to the Contractor when the Contractor
fails or refuses to rebuild such faulty worko
46. PROTECTION OF THE WORK
The Contractor shall furnish, erect and maintain good and sufficient
lighted barricades at all approaches to the work and as necessary
to protect the work and the publico He shall protect all portions
of the improvements from damage or defacement, and shall keep
all traffic and extraneous loads off from the several parts of the
improvement for the periods of time herein specified or as required
by the Engineer.
Where the work is carried on in, or adjacent to, any street, alley
or public place, the Contractor shall at his own expense furnish
and erect such barricades, fences, lights and danger signals
and shall provide such watc~~en and shall take such other
precautionary measures for the protection of persons and property,
and of the work, as are necessary. Excavations in or adjacent
to public streets or alleys in which water stands more than one (1)
foot 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 excavation. Barricades shall be painted
in a color that will be visible at nighto From sunset to sunrise,
the Contractor shall furnish and maintain at least two (2) flashing
amber lights at each barricadeo A sufficient number of barricades
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shall be erected to keep vehicles from being driven on or into
any work under construction. The Contractor shall furnish watch=
men in sufficient numbers to protect the work.
When a detour is necessary because a street is blocked by the work
the Engineer shall designate its route and the Contractor shall
furnish and post detour signs of type and size as required by the
Village, at places designated by the Engineer.
vlhen 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 sewers.
The Contractor shall also take care of all sewage and drainage
which will be received 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 diversions. The
Contractor at his own expense shall construct such troughs, pipes,
or other necessary structures, and be prepared at all times to
dispose of drainage and sewage received from these temporary
connections until such time as the permanent connections are built
and in service. The existing sewers and connections shall be kept
in service and maintained under the contract, except where
specified or ordered to be abandoned by the Engineer. All water
or sewage shall be 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 work, the Contractor shall
provide and maintain free access to fire hydrants, water and gas
valves, manholes and similar facilities. Gutters and wateflrays .'
shall be kept open or other satisfactory provisions made for the
removal of storm water.
The Contractor shall provide at his own cost and expense all
methods for adequately draining the work and shall assume full
responsibility and liability for damage to any persons or
property resulting from such damage. No separate compensation
will be paid for sub-drains, or other methods of draining, but
the cost thereof shall be merged with such contract pay items
as are provided in the proposal and contract.
No trees shall be cut except upon the specific authority of the
Engineer. Trees adjacent to the work shall be protected from
all damage by the construction operations.
47" DAlYIAGE TO EXISTING IMPROVEiVIENTS
All damage done to existing improvements during the progress of this
improvement shall be repaired by the Contractor under the direction
of the Engineer" Such repairs shall be made according to the
requirements of the standard specifications of the Village for the
various types of improvements or classes of work required.
The Contractor shall be entirely responsible for the protection
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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 Village
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 Village in obtaining right-of-
way or easemento
The Contractor shall not enter upon private property for any purpose
without having previously obtained permission from the Ownero 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, all
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 representatives of any
public utility, corporation, and company or individual, not less
than forty-eight hours in advance of any work which might damage or
interfere with the operation of their or his property along or
adjacent to the worko The Contractor shall be responsible for all
damages or injury to property of any character resulting from any
act, omission, neglect or misconduct in the manner or method of
executing the work, or due to his non-execution of the work, or
at any time due to defective work or materialso He shall restore,
or have restored at his own cost and expense, such property to a
condition similar or equal to that existing before such damage or
injury was done, by repairing, rebuilding, or otheFwise restoring
as may be directed, or he shall make good such damage from injury
in a manner acceptable to the Village or the Engineero In case of
failure on the part of the Contractor to restore such property or
make good such damage or injury, the Engineer may, upon forty-eight
hoursi written notice under ordinary circumstances and without
notice when a nuisance or hazardous condition results, proceed to
repair, rebuild, or otherwise restore such property as may be
determined necessary, and the cost thereof will be deducted from
any monies due to the Contractor under this contract and if not so
deducted, the Contractor will be obligated to forthwith reimburse
the Village for the cost thereofo
Prior to construction, the Contractor shall obtain field locations
or other assistance as may be required to determine the existance
and location of gas main and other private utilities as well as
public utilities of the Village, County or State which may be under-
ground or overhead within street and highway right-of-way or within
easements and which may be interfered with under this contracto
Existing underground, surfaces or overhead structures are not
necessarily shown on the plans, and those shown are only approxi-
mately correct and no responsibility is assumed by the Village or
the Engineer for the accuracy of locationo The Contractor shall
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make such investigations as are necessary to determine the extent
to which existing structures may interfere with the work contemplated
under this contracto
The sizes, locations and depths of such structures as are shown
on the plans and profiles are only approximately correct and the
Contractor shall satisfy himself as to the accuracy of the
information giveno
The Contractor shall not claim or be entitled to receive 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 surface, overhead, or underground structures or
by reason of his failure to properly protect and to maintain
such structureso
The Contractor is to exercise extreme care in crossing or working
adjacent to all utilities and shall be responsible to protect and
maintain their operation during the time the work is in progresso
The Contractor shall restore, at his own expense, any public
structures such as water mains, water connections and appurtenances,
sewers, manholes, catch basins and sewer connections which are
damaged or injured in any way by his acts.
The Village shall be indemnified and saved harmless from any suit
or expense claim brought for or on account of any damage, main-
tenance, removal and/or replacement, or relocation of mains,
conduits, pipes, poles, wires, cables or other such structures of
private utility firms or corporations, whether underground or
overhead, that may be caused or required by the Contractor during
the time the work is in progresso However, in cases where the
alignment, 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) so that, in the opinion of the Engineer, the re-
location of said utility is required to complete the installation,
the Village shall provide for such relocation.
49. PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHTS-OF-WAY
For the performance of the contract, the Contractor will be
permitted to occupy such portions of streets or alleys, or other
public places, or other rights-of-way, as shown on the plans,
or as permitted by the Engineer. A reasonable amount of tools,
materials and equipment for construction purposes may be stored
in such space, but not more than is necessary to avoid delays
in the construction. Excavated and waste materials shall be piled
or stacked in such a way as not to interfere with spaces that may
be designated to be left free and unobstructed, nor inconvenience
occupants of adjoining property. Other Contractors of the Village
may, for all purposes, required by their contracts, enter upon
the work and premises used by the Contractor, and the Contractor
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shall give to other contractors of the Village all reasonable
facilities and assistance for the completion of adjoining work.
Any additional grounds desired by the Contractor for his use
shall be provided by him at his own cost and expense.
Where the work encroaches upon any right-of-way of any railway
or state or County Highway~ the Village will secure the necessary
easement or permit for the work. Where railway tracks or such
highway are tdbe crossed~ the Contractor shall observe all the
regulations and instructions of the railway company and Highway
Department as to methods of doing the work, or precautions for
safety of property except the right-of-waY$ shall be made by the
Contractor at his expense. The Contractor will not be paid
direct compensation for such railway or highway crossing, unless
so provided in the special provisions and proposal.
500 WORK IN STORlYlS
The Engineer shall have the right to stop work during rain or snow
storms and all freshly placed work, unless othe~lise protected,
shall be protected by canvas or other suitable covering in such
a manner as to prevent running water from coming in contact with
it. Sufficient covering shall be provided and kept ready for this
purpose. The Contractor will not be entitled to extra compensation
for work so stopped or delayed by the Engineer.
51" NIGHT WORK
Work shall be done at night only in the case of emergency and only
upon the direction of the Engineer. The Engineer has the right to
order work to be carried on at night, if in his opinion, it is for
the best interest of the Village. Work performed after dark shall
be adequately illuminated, and suitable and sufficient lighting
facilities shall be provided for this work. No extra compensation
will be allowed the Contractor for work under this item.
52. USE OF EXPLOSIVES
If it is necessary to use explosives in the performance of the
work, the Contractor shall take out permits and comply with all
the laws, ordinances and regulations governing same. He shall
fully protect all completed works as well as all overhead, surface
or underground structures and shall be liable for any damage done
to the work or to other structures on public or private property
and injuries sustained by p€rsonsp by reason of the use of
explosives in his operations. Explosives shall be handled, used
and fired only by experienced men. All firing shall be done by
electricity. All explosive supplies shall be safely stored and
protected in an approved manner. All such storage places shall be
marked clearly tiDANGEROUS <=> EXPLOSIVES"" Caps or other exploders
shall not be stored at the place where dynamite or other explosives
are stored.
53. NOISE ELIMINATION
The Contractor shall eliminate noise to as great an extent as
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possible at all times. Air compressing plant shall be equipped
with silencers and the exhausts of all gasoline motors or other
power equipment shall be provided with mufflers.
54" WATER
The Contractor shall make arrangements with the proper Village
officials and/or private parties for obtaining any water which
may be needed.
55. SANITARY PROVISIONS
The Contractor shall comply with all laws, rules and regulations
of the State and Local Health Authorities and shall take the
necessary precautions to avoid unsanitary conditions.
Suitable sanitary conveniences for the use of all persons employed
on the work, properly screened from public observation, shall be
provided and maintained by the Contractor.
56. FOSSILS
If any fossils or treasure or other unusual or valuable geological
formations are found in the progress of excavating, such fossils,
treasure or samples of geological formations shall be carefully
preserved by the Contractor who shall convey such items to
Engineer. These items shall become the property of the Village.
57. ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of
persons (including employees) and property. The safety provisions
of applicable laws, building and construction codes shall be
observed. Machinery, equipment, and all hazards shall be guarded
in accordance with the safety provisions of the Manual of Accident
Prevention in Construction, published by the Associated General
Contractors of America, to the extent that such provisions are not
in contravention of applicable laws.
58" nOR EQUALII CLAUSE
Whenever in any of the contract documents any article, appliance,
device or material is designated by the name of the manufacturer
or vendor or by any proprietary name and such name is not followed
by the words lIor equaltl, it shall be deemed that such words "or
equallt do follow such designation, unless the context clearly
requires a contrary construction. Any article or material
equalling the standards fixed may be used in place of that
specifically mentioned by the specifications, providing that the
material proposed is first submitted to and accepted by the Owner
or his authorized representative"
59. LABOR
None but competent labor shall be employed on this work. Wherever
mechanical work is required, it shall be performed by skilled
lab or.
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/,/
,,-::1<.:/
The foreman or other person directing the work shall be competent,
sober, and reliable, and shall extend every facility to the
Engineer to enable him to properly discharge his duties, and shall
furnish such help as may be necessary to facilitate the inspection
of materials.,
The Owner reserves the right to require the removal of any parti-
cular workman or workmen on the job, if in the judgment of the
Engineer, it shall be for the best interests of the work that
such particular workman or workmen be removed'-
~iherever possible, local workers shall be given preference over
trnported workers, providing that they are equally competent at
the work applied for.
The Contractor will not be allowed added compensation for any
work performed on Saturdays, Sundays or Legal Holidays.
60. DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED
IN CONTRACT
"Every contract for or on behalf of the Village shall be deemed
to contain provisions by which the Contractoragrees..,oooo~ooo.o
(1) That, in the hiring of common or skilled labor for the
performance of any work under any contract, or any sub-
contract hereunder, no contractor, material supplier, or
vendor, shall, by reason of race, creed, or color dis-
criminate against the person or persons who are citizens
of the United States who are qualified and available to
perform the work to which such employment relates:
(2) That no Contractor, material supplier, or vendor shall, in
any manner, discriminate against, or intimidate, or prevent
the employment of any such person or persons, or on being
hired, prevent, or conspire to prevent, any such person or
persons from the performance of work under any contract
on account of race, creed or color:
(3 )
(4)
Any violation of this section shall be a misdemeanor~ and
That this contract may be cancelled or terminated by the
Village, ,and all money due, or to become due hereunder,
may be forfeited for a second or any subsequent violation
of the terms or conditions of this contract.lI (Section 181.59
Minne~ota statutes)
\_"
"',L
61" SITES TO BE KEPT CLEA.W "
The Contractor shall clean and keep clean from waste, materials
or refuse resulting from his operations, the site of work, the
streets, the work and public property occupied by him. Equip-
ment not usable on the work ~hall be promptly removed and the
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.,<",."
adjacent premises maintained in a neat and orderly condition
at all times. Advertising signs in general will not be
permitted on the work.
Upon completion of the work. and before acceptance and final
payment shall be made, the Contractor shall remove from the street
and adjacent property, all surplus and discarded materials,
equipment, rubbish and temporary structures; restore in an
acceptable manner all property, both public and private, which
has been damaged during the prosecution of the work; and shall
leave the site in a neat and presentable condition.
62. MEASUREMENTS
Before ordering any material or doing any work, each Contractor
shall verify all measurements and shall be responsible for the
same.
No extra charge or compensation will be allowed on account of
difference between actual dimensions and measurements indicated
on the drawings; any difference which may be found shall be
submitted to the Engineer for consideration before proceeding
with the work.
U. So Standar~ Measures will be used in the measurement of all
work acceptably completed and such measurements will be used as
a basis for the computation of the quantities of work performed.
Linear measurements will be taken horizontally on all work
except structures which will be measured according to the neat
lines shown on the plans or as ordered. ~fhere work is to be
paid for by units of length, area, volume or weight, only the
net amount of work actually done, as it shall appear in the
finished work and measured as hereinafter specified shall be
paid for, local customs to the contrary not withstanding. For
the estimating of quantities in which the computation of areas
by geometric methods would be comparatively laborious, it is
stipulated and agreed that the planimeter shall be considered
an instru~ent of precision adapted to the measurement of such
areas.
63. GUARANTEE
The Contractor shall be held responsible for any and all defects
in workmanship, materials and equipment which may be developed in
any part of the entire installation furnished by him, and upon
written notice by the Engineer shall immediately replace and make
good without expense to the Village any such faulty part or parts
and damage done by reason of same, during the period of one (1)
year from the date of final acceptance of the installation.
Should the Contractor fail to make good the defective parts
within a period of thirty (30) days of such notifications, after
written notice has been given him, the Village may replace these
parts, charging the expense of same to the Contractor.
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SPECIAL PROVI.SIOI\IS
the various Special tions as
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5
SPECIAL CONDITIONS
SANITARY & STORM SEWER
Table of Contents
Article
Page
1.
2.
3.
4.
5.
6.
7.
13.
9.
10.
11.
12.
13.
l}.
't.
15.
16.
17.
18.
19.
20.
21.
General
Scope of Work
Method of Proc~dure
utilities
Materials
Construction Stakes - Alignment and Grades
Excavation and Preparation of Trench
Sheeting and Bracing
Piling
Temporary Bridges and Crossings
Laying of Pipe
Jointing
Backfilling and Grading
Restoration of Surface
Restoration of Sod, Trees, Driveways and Curbs
Service Connections
Manholes and Catch Basins
Infiltration and Inspection - Sanitary Sewer
Interruption of Private Water Supplies
Detours - Traffic Control
Methods of Measurement and Payment
1
1
1
1
2
7
7
9
10
10
11
12
12
15
15
16
17
18
19
19
20
SPECIAL CONDITIONS
SANITARY & STORM SEWER
1. GENERAL
The General Conditions and the Special Provisions as embodied in
these Contract Documents shall be applied to all work and material
to be furnished under these Special Conditions.
2. SCOPE OF WORK
The \'JOrk to be done under this Contract shall include the furnishing
of all materials, labor, tools and equipment to construct complete
in place a sanitary sewer, and/or storm sewer and all appurtenances
as shown on the drawings and as specified herein. Included under
this Contract, the Contractor shall do the excavating of all kinds
of materials encountered, furnish or compact foundations where re-
quired, furnish and install all timbering, sheeting and bracing
necessary or proper to safely support all work, remove all water,
protect, repair, relocate, maintain and restore all sub-surface,
surface and overhead structures directly or indirectly disturbed,
injured or affected by his operations, furnish all other appurtenant
items and services necessary or specified.
In the follmving specifications, reference is made to lIMoH",D. Spec-
ificationsll 'which shall'mean the lIStandard Specifications for
High-v'JaY Constructionll of the Department of Highways of the State of
lfdnnesota, dated January 1, 1964 and subsequent amendments.
3. ~lliTHOD OF PROCEDURE
The Contractor shall perform his work in such a manner as to cause
the least interference and delay to such other work as may be in
progress at the time by other Contractors. The Contractor shall
not~fy the Engineer in writing of his intentions to cow~ence work
at least five (5) days prior to his moving onto the site.
Prior to the start of any work, the Contractor shall submit in
writi.ng to the Engineer for approval, a schedule of procedure and
after once approved, he shall not deviate from it without written
permission from the Engineer.
4. UTILITIES
Every effort has been. made to pos~tion and dimension all existing
underground utilities. This information was obtained from the
respective utility companies. However, the Owner does not guarantee
the locations as shown on the Plans and it is the Contractor1s re-
sponsibility to ascertain the final location of these utilities and
to notify the utility companies when construction COID~ences in each
area. The Contractor must protect all existing utilities and im-
provements, public or private, located on the right-of-way, during
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the entire period of his work. Special care must be taken in
backfilling and compacting under and around such improvements.
The Owner shall provide for the initial cutting of gas service
lines, providing gas by means of a temporary hookup, and re-
placing of the service line, if the cut is approved by the Engineer.
If additional cutting and replacing of any service is required,
the Contractor shall pay for this work. The Contractor shall
cooperate with the Gas Company in this phase of the work.
In the event it is necessary as determined by the Engineer to cut,
adjust the grade, relocate, or remove and replace any gas main
to perform any phase of this project, such work shall be done by
the Gas Company, and at no cost to the Contractor. Any breakage
of utility lines shall be the responsibility of the Contractor.
Whenever gas mains or services are crossed, the backfill under
these lines shall be well compacted to prevent any future dis-
placement due to this construction. Mechanical tamping or other
suitable methods of compaction shall be used. The Contractor shall
cooperate with the Gas Company and shall follow their requirements
for backfilling.
5. IvLATERIALS
The materials used in this work shall be all new, and conform to
the requirements for class, kind, size and material as specified
below. The Contractor shall submit in writing a list of materials
showing the manufacturer and designation of all materials, and this
list must be approved by the Engineer..
A. SANITARY SEWER
1) 'Vit fied Clay Sewer Pipe
All vitrified clay sewer pipe shall be extra strength.
Vitrified clay sewer pipe shall conform to the requirements
of the Standard Specification for Extra Strength Clay
Pipe, ASTM Designation C200.
Vitrified clay sewer pipe shall be used for all sewer lines
vrhich are less than twelve (12) inches in diameter.
2) Reinforced Concrete Pipe
Reinforced concrete pipe shall conform to the require-
ments of the Standard Specification for Reinforced
Concrete Sewer Pipe, ASTM Designation C76 for Class II,
III, IV and V. Pipe required for piling shall be rein-
forced concrete pipe furnished in (8) foot lengths and
shall be of special design in accordance with Section 10,
A.S.T.M. Designation C76, latest revision. All concrete
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pipe shall be a mlnlmQm of six (6) feet in length unless
the Engineer gives permission to use shorter lengths.
All pipe shall be clearly marked to show its proper position
when laid. Pipe strength classifications may only be
used with the cover and depth brackets listed on the
Proposal Form and shown on the Plans if the trench width
is in strict accordance with Article 7, llExcavation and
Preparation of Trenchll of these Standard Specifications.
Reinforced concrete pipe shall be used for all sewer pipe
sizes twelve (12) inches in diameter or larger.
3) Vitrified Clay Pipe Fittings
All clay pipe fittings, wyes, tees, bends, and plugs shall
be of the same pipe classification and joint material as
the pipe to which they are attached or connected. The
spur diameter of all wyes and tees shall be six (6) inches,
unless otherwise noted on the Plans or directed by the
Engineer.
4) Reinforced Concrete Pipe Fittings
All concrete pipe fittings, wyes, tees and bends shall be
cast as an integral part of the pipe to which they are
attached and shall be of the same pipe classification.
If connections are fabricated in the field, a saddle must
be used and the connection approved by the Engineer.
5) Cast Iron Pipe and Fittings
Cast iron pipe shall be Class 150 and conform to the re-
quirements of Federal Specifications ww-P-421b with wall
thickness in conformance with the requirements of A.S.A.
Law of Design A21,1 for the laying condition and depth
of cover required. All joints shall be mechanical joints
in accordance with A.S.A. Specification A21.11 with plain
rubber gaskets,
Cast iron fittings shall be Class 250 for sizes up to and
including twelve (12) inches and Class 150 for sizes
fourteen (14) inches and larger. Fittings shall conform
to the requirements of A.S.A. Specification A21.l0.
All pipe and fittings shall be cement lined inside and
tar coated outside.
6)
Ductile Iron Pipe
Ductile iron pipe shall be Class 150 and conform to the
applicable dimensions, weights and tolerances of Federal
Specification ~~-P-421b for cast iron pipe. Ductile iron
shall be grade 60-42-10 with 40/90 metal strength and
shall be tested in accordance with A.S.T.M. Specification
A339-55. All pipe shall be cement lined inside and tar
coated outside.
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Ductile iron sewer pipe
contract shall have the
when the depth of cover
less:
installed on piling under this
following minimum wall thickness
over the pipe is 12 feet or
6 in.
8 in.
10 in.
12 in.
Minimum Wall Thickness
Class 6
Class 6
Class 5
Class 4
Diameter D.l.P.
When the depth of cover over the pipe exceeds 12 feet,
the class wall thickness shall be increased as approved
by the Engineer.
7) Jointing Materials
a. All clay pipe used shall have flexible joints con-
forming to ASTM Designation C425, except as herein-
after noted and must be approved by the Engineer.
The joint furnished must be satisfactory for any
radius curve shown on the Plans. When a poured
joint is necessary, Root Seal 711 plastic base com-
pound, shall be used. The manufacturer's primer
must be used strictly in accordance with his recom-
mendations.
b. Reinforced concrete pipe joints shall be the Bureau
of Reclammation R-4 confined O-Ring gasket joint.
c. Cast iron and ductile iron pipe shall have mechanical
joints and plain rubber gaskets.
8) Precast Concrete Manholes
Precast concrete manhole sections shall be manufactured
to standards at least equal to or greater than the
requirements of the Standard Specifications for Rein-
forced Concrete Culvert, Storm Drain and Sewer Pipe,
ASTM Designation C76 for Class II. Manholes shall con-
form to all requirements as shown on the detail draw-
ings.
9) Manhole Castings
Castings for manhole frames and covers shall be Class
30 of gray iron; free from all injurious defects and
flaws, in conformance with ASTM Designation A48-56.
All covers must fit closely in the rings in any and
all positions, so there will be no rocking from pres-
sure applied on any point on the cover. All castings
shall conform to the weight, type and size as shown
on the detail drawings.
- 4 -
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10)
11)
The supplier of castings must be approved by the Engineer.
The supplier shall certify to the Engineer that each
shipment conforms to these Specifications. Such certi-
fication shall accompany each shipment to the job site.
Piling
Norway Pine, Jack Pine, Douglas Fir (Coast Region) or
Southern Yellow Pine, may be used under these Specifi-
cations. Balsam, Fir, Hemlock, Soft Maple, Poplar,
Slippery or Swamp Elm, or any other wood which would
not stand driving will be rejected.
All piles shall have a butt diameter of not less than 12".
Piles less than 40 feet in length shall have a tip of
not less than 8 inches diameter and piles over 40 feet
long shall have a tip not less than 7 inches in diameter.
Piles shall be sound and solid and free from any defects
which may materially impair their strength or durability.
They must be so straight that when a line is drawn from
the center of the butt to the center of the tip, the
line will be within the body of the pile and shall have
a uniform taper from the tip to the butt.
Piles shall be capped and cradles provided in accordance
with the detailed drawings.
All piles, caps, and ties shall be creosote treated in
conformance with Mlnnesota Highway Department Specifi-
cation 3491.
Foundation Material
Foundation material shall be 3/4rr to l~" binder stone,
and must be approved by the Engineer.
12) Pit Run Material
Backfill material which the Contractor is directed to
purchase shall meet the requirements of M.H.D. Speci-
fication 3138, Class 4.
B. STORM SEvJER
1)
Reinforced Concrete Pipe
Same as paragraph 5A(2)
2)
Reinforced Concrete Pipe Fittings
Same as paragraph 5A(4)
- 5 -
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3) Concrete End Sections
Concrete end sections shall be in accordance with
Minnesota State Highvlay Specification 3236 and, vlhen
stated in the Proposal, end sections shall be pro-
vided with a trash guard and rip-rap as shown on
the Plans.
4) Corrugated Metal Pipe and End Sections
Corrugated metal pipe, fittings and end sections shall
conform to the requirements of Standard Specifications
for Corrugated Metal Pipe, AASHO-M36, except that
gauge of metal in arch-pipe shall conform to Standard
Plate 3040 of the Minnesota State Highway Department
Standards for the sizes shown on the Plans. All corru-
gated metal pipe, fittings and end sections shall be
double bi t u..rnino us coated. v.ihen specified in the Pro-
posal, end sections shall be provided with a trash
guard as shown on the Plans.
5) Jointing Materials
a. Concrete Pipe
Reinforced concrete pipe shall have an approved
flexible gasket such as the Miller Press Seal.
b. Corrugated Metal Pipe
All joints shall be made with coupling bands which
shall conform to the requirements of Section 3226.2
of the M.H.D. Specifications.
6)
Precast Concrete Manholes, Inlet Manholes and Catchbasins
Same as paragraph 5A (6) except storm manholes shall be
sized as shown on the Plans, and precast catch basins
shall conform to the standard detail drawings in the
Plans.
7)
Manhole Castings
Same as paragraph 5A (7) except size varies as shown on
the Plans.
8)
Bulkheads
Bulkheads shall be constructed of cement block or cement
bricks, and cement mortar.
9)
Foundation Material
Foundation material shall be 3/4tl to l!ll binder stone,
and must be approved by the Engineer.
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10) Pit Run Bedding Material
Backfill material which the Contractor is directed to
purchase shall meet the requirements of M.H.D. Specifi-
cation 3138, Class 4.
6. CONSTRUCTION STAKES - ALIGNMENT AND GRADES
All work under this Contract shall be constructed in accordance
with lines and grades shown on the drawings and as established
by the Engineer. These lines and grades may be modified by
the Engineer as provided in the Specifications.
The Contractor shall give the Engineer sufficient notice as
provided in the General Specifications of his need for the estab-
lishrnent of line and grade so that the Engineer may have time to
provide the same. After lines and grades for any part of the
work have been given by the Engineer, the Contractor will be
held responsible for the proper execution of the work to such
lines and grades ~nd all stakes or other marks given shall be
protected and preserved by him until he is' authorized to remove
them by the Inspector. The Contractor shall, at his own expense,
correct any mistakes that may be caused by their unauthorized
disturbance or removal. The Engineer may require that work be
suspended at any time when, for any reason, such marks cannot
be properly followed. Grade stakes in sufficient quantities
and of a shape and length approved by the Engineer shall be
supplied by the Contractor.
No additional compensation shall be allowed the Contractor for
any claims of crews being held up because of lack of line and
grade stakes.
7. EXCAVATION AND PREPARATION OF TRENCH
The trench shall be dug only so far in advance of the pipe line
as the Engineer shall permit. The sides of the trench shall
be sloped and/or braced and the trench drained so that wor~~en
can work safely and efficiently. All work must be done in a
dry trench and no water will be permitted to discharge down
the pipe previously laid without written permission of the
Engineer. It is essential that the discharge of pu~ps be laid
to natural drainage channels or to drain sewers.
Care must be taken to avoid over-excavation. Should any over-
excavation exceeding two (2) inches be encountered, the material
added shall be moistened and compacted to the satisfaction of
the Engineer, or foundation material shall be added at the ex-
pense of the Contractor. The finished subgrade shall be pre-
pared accurately by means of hand tools.
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In all cases where the sewer alignment is located so that space
and access is very limited with respect to the safety and welfare
of adjoining buildings, such as a property line between houses,
the Contractor shall discontinue open trench excavation and
shall jack the pipe in place for an adequate length to safe-
guard settlement and damage to these adjacent structures at
no extra compensation.
The trench width at the top of the excavation may vary depending
upon the depth of the trench and the nature of material encoun-
tered. However, the maximum allowable width of trench at the
level of the top of pipe in place shall be the outside diameter
of the pipe plus 24 inches. The width of the trench shall also
be kept at a minimu~ to prevent excess destruction of the exist-
ing street or highway pavement.
For trench width at the top of pipe greater than specified in
the paragraph above, the Contractor may propose alternate strength
of pipe to depth of cover relationships other than these speci-
fied under Article #5, I!Materials It of the Standard Specifications,
listed on the form of Proposal, or shown on the Plans. Such pro-
posals must be submitted to the Engineer for approval in writing
and with pertinent pipe strength and soil weight data at least
fourteen (14) days prior to the desired construction date. No
extra compensation shall be allowed for any increase in material
or construction costs created by alternate plans,
The trench bottom shall be brought to grade to provide a uniform
and continuous bearing and support for the pipe on so d and un-
disturbed ground at every point between bell holes.
When the bottom at sub-grade soft and the opionion of the
Engineer carulot support the pipe, a further depth and/or width
shall be excavated and refilled to pipe foundation grade as
required under the above paragraphs, or other approved plans
shall be adopted to assure a firm foundation for the pipe. The
class or type of material which is to be used for refilling up
to pipe grade shall be foundation material as specified in
Paragraph 5A (9) of these Specifications.
The rough sub-grade beneath the pipe shall be finished to within
0.25 feet of a straight li.ne between pipe joints or batter
boards, and all tolerances shall be above the specified grade.
A string line shall be set to check the line and grade on all
excavation and pipe laying,
Ledge rock, boulders, and large stones shall be removed to pro-
vide a clearance of at least six (6) inches but not exceeding
twelve (12) inches below the outside barrel of pipe, or fittings,
- C3 -
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and allow a clear width of six (6) inches o~ each side of all
pipe and appurtenances '1Hi th tll addi tionalclearance for each
foot of depth over 15 feet.
The space between the bottom of the trench in rock and the bottom
of the pipe shall be backfilled with suitable material in three
(3) inch uncompacted layers and thoroughly tamped. Generally
speaking, the material shall be pit run bedding material. No
additional compensation for placing or tamping this material
shall be allowed.
All excavation shall be unclassified, and no extra compensation
shall be allowed for rock, clay or hardpan even though it may be
advantageous to use explosives for their removal.
Blasting the excavation will not proceed until the Contractor has
notified the Engineer of the necessity to do so. This notifica-
tion shall in no manner relieve the Contractor of the hazard and
liability contingent on blasting operations. The hours of blast-
ing will be fixed by the Engineer.
Any damage caused by blasting shall be repaired by the Contractor
at his expense. The Contractor's methods of procedure relative
to blasting shall conform to local and state laws and municipal
ordinances.
All excavated material shall be piled in a manner that '\trill not
endanger the work and that will avoid obstructing sidewalks,
driveways, and fire hydrants, and will not cover lawns. Gutters
shall be kept clear or other satisfactory provisions made for
street drainage at all times.
o. SHEETING Al'Jl) BRACING
The Contractor, to prevent the disturbing or settlement of adja-
cent road surfaces, foundations, structures, utility lines or
railroad tracks, shall furnish and place all sheeting and bracing
necessary for good working conditions acceptable to the Engineer,
and to prevent damage and delay to the work. The Contractor shall
be responsible for the strength and sufficiency of all sheeting
and bracing. All sheeting and bracing shall be placed at the
Contractor's expense.
Any damage to the work under this Contract or to adjacent struct-
ures or property caused by settlement, water or earth pressures,
slides, caves or otheL causes due to failure or lack of sheeting
and bracing or bracing or improper bracing or through negligence
or fault of the Contractor in any manner shall be repaired by the
Contractor without delay at his expense.
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Should the Engineer decide that the sheeting and bracing at any
point is inadequate or improperly constructed, he may order
additional sheeting and bracing to be placed at the Contractor's
expense.
Bracing shall be so arranged as to provide ample working space,
so as not to interfere with the work, and so as not to place
any strain on the structures being constructed, until such
structures are, in the opinion of the Engineer, of ample strength
to withstand such strain. All sheeting and bracing, unless
otherwise specified or ordered to be left in place by the Engineer,
shall be installed and removed from the work at no additional
compensation. No sheeting and bracing shall be removed until the
construction has proceeded far enough to provide ample strength
in the opinion of the Engineer.
Sheeting or bracing may be left in place in the trench at the
discretion of the Engineer. Any sheeting or bracing left in
place shall be cut off approximately 10 feet from the surface
and the cut-off portion removed, unless the Engineer gives written
permission to leave it in place.
The Contractor shall receive no compensation for sheeting and
bracing left in place.
Where the trench is not located near existing utilities, build-
ings or other structures and '\!Ihere water and other conditions
permit, the Contractor may, with the approval of the Engineer,
omit sheeting and bracing of the excavation. In this event, he
shall excavate a trench of sufficient size to provide adequate
space for the construction work so as to prevent sliding or caving
of the banks into the area within the lines of structures.
9 . PILING
The Contractor shall furnish, place, and drive piles as directed
by the Engineer. All piling shall be driven to substantialre-
fusal as defined by M.H.D. Specification 2452.3. Piles shall be
driven vertically in exact position at locations given by the
Engineer. Piles vmich may become shifted, must be removed and
good piles driven in their places, or additional piles put in
as directed by the Engineer without additional expense to the
City.
10. TEMPORARY BRIDGES A~ID CROSSINGS
The Contractor shall construct and maintain temporary bridges
and crossings, complete vIi th flagmen, whenever necessary to
expedite the work or to maintain traffic. Temporary bridges or
crossings shall be of ample size to safely carry the load which
comes upon them. The cost of all labor, materials, tools, and
equipment for temporary bridges and crossings shall be borne by
the Contractor, and no separate or additional payment will be made.
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11. L..I\YING OF PIPE
Proper implements, tools, and facilities satisfactory to the
Engineer shall be provided and used by the Contractor for the
safe and convenient prosecution of the work.
Pipe and materials shall be unloaded and distributed on the job
in a manner approved by the Engineer. In no case shall mater-
ials be thrown or dQmped from the truck.
Before 10VJ'ering and vJ'hile suspended, the pipe shall be inspected
for defects to detect any cracks. Any defective, damaged or
unsound pipe shall be rejected..
All foreign matter or dirt shall be removed from the inside of
the pipe before it is lowered into its position in the trench,
and shall be kept clean by approved means during and after lay-
ing. All openings along the line of the sewer shall be securely
closed as directed, and in the suspension of work at any time,
suitable stoppers shall be placed to prevent earth or other sub-
stances from entering the sewer.
Pipes shall be laid to a true line and at uniform rates of grade
betVJ'een maD~oles as shown on the Plans. Fine grading, to the
bottom of the barrel, shall proceed ahead of the pipe laying,
and should any over-excavation exceeding two (2) inches be en-
countered, the material added shall be moistened and compacted
to the satisfaction of the Engineer, or foundation material shall
be added at the expense of the Contractor.
Holes shall be dug for the pipe bells, and the material placed
at the middle of the preceding pipe laid. The pipe shall be
supported for the bottom 90 degrees and throughout its length
(except for the minimu~ distance necessary at the bell holes)
as shoVJ'n on the Plans. Bell holes shall be adequate to make
the joint, but no larger than necessary so that maximum support
on undisturbed ground will be provided for the pipe. The remain-
der of the pipe shall be surrounded to a height of at least six
(6) inches above its top by granular materials, shovel placed
and hand tamped, to fill completely all spaces under and adja-
cent to the pipe.
Pipe laying shall proceed upgrade with the spigot ends pointed
in the direction of flow. No pipe shall be laid in water or
when the trench conditions are unsuitable for such work, except
by written permission of the Engineer.
The Contractor shall make all connections of pipe to the maD~oles
which have previously been constructed. He shall receive no
extra compensation for connection to capped stubs or cutting
into present manholes. For completing drop sections for drop
manholes" the Contractor shall be paid as per unit price bid.
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If the Engineer considers that clay pipe, as shown on the plans,
is not suitable for the subgrade soil condition, he may order
the Contractor to install cast iron pipe in lieu of clay pipe
to be placed on rock stabilized subgrade or on piling.
12. JOINTING
A. SANITARY SEWER
Jointing shall be done strictly in accordance with the gasket
manufacturer's directions. Cement mortar, grout or diapers
will not be permitted in the jointing of sewer pipe. Only
proper gasketed adapters or hot poured joints using Root
Seal 711 shall be used when connecting to dissimilar joints.
B. STORM SE\'JER
1)
Reinforced Concrete Pipe
Jointing shall be done strictly in accordance with the
gasket manufacturer's directions. Cement mortar, grout
or diapers will not be permitted in the jointing of sewer
pipe. Only proper gasketed adapters or hot poured joints
using Root Seal 711 shall be used when connecting to
dissimilar joints.
2)
Corrugated Metal Pipe
Field joints shall be made with standard coupling bands
of the same base metal as the pipe and shall lap on an
equal portion of each pipe section to be connected.
13. BACKFILLING AND GRADING
All excava~lon in trenches shall be backfilled to the original
ground surface or to such grades as specified or shown on the
drawings. The backfill shall begin as soon as practical after
the pipe has been placed and shall thereafter be carried on as
rapidly as the protection of the balance of the work will
permit.
Complete cleanup shall proceed directly behind the backfilling
to accommodate the return to normal conditions. Should the Con-
tractor, in the Engineer's opinion, fail to diligently pursue
the backfilling and cleanup, the amount of work on which com-
plete cleanup has not been accomplished shall be limited to
1,000 lineal feet for the entire job. The Contractor shall have
sufficient equipment on the job to assure timely backfill and
cleanup at all times.
Backfilling and compacting shall be done as thoroughly as pos-
sible so as to prevent after settlement. Depositing of the back-
fill shall be done so the shock of falling material will not
injure the pipe or structures. Grading over and around all
parts of the work shall be done as directed by the Engineer.
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Granular material, or other suitable material as determined by
the Engineer, free from rocks and boulders, shall be deposited
in the trench simultaneously on both sides of the pipe for the
full width of the trench to a height at least six (6) inches
above the top of the pipe, shovel placed and hand tamped to
fill completely all spaces under and adjacent to the pipe. In
the event that natural, suitable, granular material is not
encountered during the normal excavation of the sewer trench,
or when the material encountered is determined unsuitable by
the Engineer, for backfilling around the pipe as required above;
the Contractor shall provide and place such approved material.
The Contractor shall furnish approved material from surplus
material obtainable from other excavation on the project, within
a haul distance to two (2) miles one way, at no additional com-
pensation. If suitable material is not available as stated
above, the contractor shall purchase suitable pit run material
for backfilling around the pipe.
The Contractor shall be paid for only that select material re-
quired for filling or backfilling as he may be directed to pur-
chase and place by the Engineer. All quantities of such material
used shall be verified by the Engineer.
Succeeding layers of backfill may contain coarse materials, but
shall be free from pieces of rock, frozen material, concrete,
roots, stu~ps, tin cans, rubbish and other similar articles
whose presence in the backfill, in the opinion of the Engineer,
would cause excessive settlement of the trench, or damage to
the pipe.
Wherever select material, that exists in place in the upper four
(4) feet of the finished grade of the paved or traveled portions
of the street or roadway, is removed by the trench excavation,
the Contractor shall replace said material (or material of equal
quality) as backfill in the upper four (4) feet of the finished
grade. Where select material does not exist in p~ace as des-
cribed above, the Contractor shall provide and place sufficient
select backfill to stabilize the finished grade from surplus
material obtainable from other excavation on the project, within
a haul distance of two (2) miles one way at no additional com-
pensation.
Backfilling shall be done in lifts of uniform layers not to ex-
ceed the depth shown in the compaction chart and each lift shall
be completely compacted over the full width of the excavated
area. Compacting shall continue until no more settlement occurs.
e feet of material over the top of the pipe shall be re-
quired before a vibratory or sheepsfoot roller may be used,
- 13 -
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COMPACTION CF~RT
Maximum Loose Soil Lift Height
(Ft.)
Compactor Type
Plate Vibrator
Sands Plastic Soil
4.0 Not allowed
Not allowed 2.0
0.5 0.5
1.0 1,0
1.0 Not allowed
Vibratory Roller (Vibro-Plus CK-IO)
or equal
Sheepsfoot (150 PSI Mlnimum)
Button Head Pneu~atic
Plate Tamper
Special compaction shall be done around all manholes, catch
basins, valve boxes, curb boxes, end of sewer services, other
structures, and utilities by the use of penQmatic tampers,
plate tampers, or plate vibrators with lifts not to exceed that
shown in the COMPACTION CHART.
Catch basin leads and sanitary sewer service trenches must be
compacted in the s~ne manner as the sewer trenches. They shall
not be left open overnight. ~n areas where curb and gutter
exists, sufficient curbing shall be removed to allow this com-
paction over the entire disturbed area.
All deficiencies in the quantity of material for backfilling
the trenches or for filling depressions caused by settlement
shall be supplied by the Contractor. Any excess suitable ma-
terial shall be hauled away and deposited and leveled where
directed by the Engineer at no additional compensation. The
haul limit shall not exceed two (2) miles one way.
No waste material or debris shall be deposited on any public or
private property within the municipality's limits without the
written permission of the Engineer. Waste material and debris
shall include, but not be limited to, trees, stunlPS, pieces of
pipe, pieces of concrete, pieces of asphaltic concrete, tin cans,
or other waste material from the construction operations.
When the trench excavation for the sewer and appurtenances is
within the right-of-ways of State or County Highways, the back-
filling of the trench, compaction of materials, sub-grade pre-
paration and surfacing shall be done in strict accordance with
the requirements and specifications of the State or County High-
way Department at no additional compensation.
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In all cases, the Contractor shall blade and compact the road-
way after the trench has been backfilled, so that it shall be
passable to traffic at all times. The Contractor shall maintain
the roadway in a conditioB acceptable to the Engineer at all
times until final acceptance of the entire work by the City.
Therefore, the Contractor shall provide one motor grader which
shall be available to the project at all times for surface
maintenance. If, in the opinion of the Engineer, the Contractor
is not maintaining street surfaces sufficiently with one motor
grader, he shall provide additional motor graders.
The Contractor shall also blade and maintain all detours and by-
passes. All maintenance work shall be done at no additional com-
pensation.
In addition to the blading and maintenance requirements specified,
the Contractor shall provide at least one tank truck with pres-
surized spray bars for spraying water on the streets to control
the dust. Dust control shall be required, as necessary, on all
streets after compaction and grading, and on all detours or by-
passes. Payment for dust control shall be as specified in
Article 21P.
The Contractor shall remedy at his own expense any defects that
appear in the backfill for a period of one year following com-
pletion.
14. RESTORATION OF SURFACE
Wherever the surface of the ground is removed or disturbed by
the Contractoris operation, the Contractor shall restore, replace
or rebuild all such surfaces to a condition at least equal to
its condition at time of removal. Blading and maintaining of
streets and roadways are covered by Article 13, llBackfilling
and Grading" of these Standard Specifications.
If the alignment of the sewer and its appurtenances, as shown on
the Plans, is alongside or parallel to a paved roadway, but the
proximity of such alignment to the paving does not warrant
damage or removal of such paving, the Contractor shall replace or
repair the paving which he has removed or damaged at no addition-
al compensation. When the alignment of the sewer and its appur-
tenances lies within a paved roadway, the Contractor shall re-
place or repair any pavement which is damaged or removed as spec-
ified in the Special Provisions.
15. RESTORATION OF SOD:; TREES, DRrvKwAYS AND CURBS
Any and all curb and gutter disturbed by the Contractor during
construction shall be replaced with new curb and gutter in con-
formance with the municipalityls Standards with no additional
compensation. The replacement shall include the obtaining of
line and grade on existing curb and gutter and setting line and
grade at the time of replacement"
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Any trees ln1ich lie within the limits of the excava0lon shall be
removed by the Contractor only vlith the express permission of
the Engineer. There shall be no additional compensation for the
renloval of such trees, but the Contractor will not be required
to replace any tree so removed.
Any concrete, blacktop, or crushed rock driveway disturbed by
the Contractor during construction shall be replaced or rebuilt
to a condition at least equal to its condition at the time of
removal. There will be no additional compensation allowed for
this item.
Any sod which is disturbed during the installation of sewer lines
or appurtenances shall be replaced, including the necessary black
dirt. The Contractor will be reimbursed for sodding up to a
maximu~ of a strip ten (10) feet in width, measured five (5) feet
on each side of the sewer pipe or service as installed. Any sod
requiring replacement outside the ten (10) foot maximmn shall be
replaced by the Contractor at no additional compensation.
Black dirt shall be replaced to a thickness equal to that removed
up to a maximu~ of one- (1) foot. No sod shall be laid on less
than four (4) inches of black dirt.
Black dirt shall be light friable loam containing a liberal
amount of hmnus and shall be free from heavy clay, coarse sand,
stones, plants, roots, sticks, and other foreign materials.
Sod shall be rolled within 24 hours after its placement with a
roller that leaves the sod smooth and the joints properly closed.
The new sod shall be tri~med to neatly match old sod, curbs,
and walks.
Sod shall be high quality, cultured, free from weeds, and in a
good healthy condition. Unsuitable sod shall be replaced at no
additional compensation. All sod shall be watered by the Con-
tractor for a period of six weeks after installation.
16. SERVICE CO~mffiCTIONS
It shall be the duty of the Contractor to keep an accurate record
of service connections as to location, depth to top of connection,
type of connection provided, etc. Location shall be made in
respect to the survey line stationing, and house corners or lot
corners. This record shall be kept jointly by the Contractor
and the Inspector.
A. RISERS
Risers are to be constructed as shown on the detail drawings
on the Plans at all points where the depth of cover over the
invert of the sewer line is twelve (12) feet or more as
determined by the Engineer.
- 16 -
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B. HOUSE SERVICE CONNECTIONS
At all points designated by the Engineer, the Contractor
shall construct six (6) inch clay services for house con-
nections, and shall extend such connections to the pro-
perty line, unless otherwise indicated on the Plans.
House connections shall be kept to a minimum depth of ten
(10) feet in the street and not less than nine (9) feet
at the curb line, and shall extend on a straight line
grade to the property line, unless otherwise directed by
the Engineer. Services shall be at right angles to the
main sewer unless otherwise directed.
All house connections shall be capped by a clay stopper,
sealed firmly in place, or by other methods approved by the
Engineer, which will effectively prevent water from entering
the sewer until the connection is placed in service.
The Contractor .shall provide all necessary wyes or tees for
connecting services to sewer lines at the Contract unit prices.
Six (6) inch bends shall be provided to bring services to
proper location and elevation, at no additional compensation.
At the end of all house connections, located at the pro-
perty line, the Contractor shall furnish and set at no
additional compensation, a 2-inch by 2-inch, long wooden
stake, set vertically from the service pipe to the ground
surface. In undeveloped areas this stake shall extend twelve
(12) inches above the- ground surface.
17. MANllOLES AND CATCH BASINS
Excavation shall be to a depth and size to provide for construc-
tion of the manhole or catch basin as shown in detail on the
Plans.
Concrete base shall be of size and depth as shown on the Plans.
Concrete used shall have a 28-day compressive strength of at
least 3,000 pounds per square inch. Material used for this pur-
pose shall be subject to the approval of the Engineer. Base
shall be poured on undisturbed earth. Walls shall be of a pre-
cast concrete as shown on the Plans, and shall be neatly grouted
to form a completely watertight manhole.
Precast concrete bases may be used when approved by the Engineer.
Precast base must be placed on a minimum of 6 inches of granular
material which has been thoroughly compacted and leveled off
across the entire width of the base.
Frames and covers shall be set to the designated elevation in a
full mortar bed.
- 17 -
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The Contractor shall provide a minimwn of 611 and a maximu.m of
1811 of sewer brick or precast concrete adjusting rings between
the cast iron frame and the manhole top section or precast catch
basin section. Each ring or brick shall be set on a full bed
of mortar and shall be made watertight. vlood or other foreign
material will not be allowed. Adjusting rings shall conform to
the size and shape of the casting frame.
The bottom of all maD~oles shall be shaped to conform to the pipe
as shown on the detail drawings, so as to allow a free, uninterrup-
ted flow of sanitary sewage, or storm water. The bottom of all
catch basins shall be Bhaped so that all water will flow into the
discharge pipe.
The Contractor, with the approval of the Engineer, where standard
maD~ole sections cannot be us ed, as in junction and transitional
manholes, may construct such sections of brick, maD~ole block, or
concrete or a combination of such materials set on a concrete
base.
The clay sewer pipe shall be laid continuously through the man-
holes and shall be broken out when the manhole base is finished.
18. INFILTRATION AND INSPECTION - SANITARY SEWER
Upon completion of the sewer construction and before any house
services are connected, leakage tests shall be made to determine
the amount of ground water infiltration into the sewers. Meas-
urements will be taken by means of 90-degree V-notch weirs placed
in the lines. Measurements shall be taken at all points where,
in the opinion of the Engineer, the flow of the water in the
sewer is greater than the maximu~ allowable leakage. The maxi-
mu~ allowable rate of leakage for any section of sewer shall be
4,000 gallons per mile of pipe per~ hours (3.2 gallons per
hour per 100 feet).
In case measurements indicate a leakage greater than the maxi-
mu.m allowable leakage, additional measurements shall be taken
and continued until all leaks are located and the necessary re-
pairs and corrective work have reduced the leakage in the sec-
tion being tested below the maximwn allovJed by the Specifica-
tions. All repair work and materials used must be approved by
the Engineer. For purposes of the test, the line between ad-
joining manholes 'will be considered a section and will be tested
as such.
The Contractor shall furnish the weirs and other material and
labor for placing the weirs in the sewer and shall assist the
Engineer in making measurements. The Contractor shall receive
no additional compensation for making the leakage tests or correc-
tive work necessary to reduce leakage below the maximwn allowed
by the Specifications.
- 18 -
se
In addition to the infiltration test, exfiltration tests will be
required on sewer lines which are above the present ground water.
The test section shall be bulkheaded and the pipe subjected to
a hydrostatic pressure produced by a head of water at a depth
of four (4) feet above the bottom invert of the sewer under
test at its lower end. This head of water shall be maintained
for a period of one hour during which it is presumed that full
absorption of the pipe body has taken place, and thereafter for
a further period of four (4) hours for the actual test of leakage.
During this four (4) hour period, the measured loss shall not
exceed that specified above for infiltration.
The introduction of any substance into the water used for testing
with the intent to seal such leaks as may be indicated will not
be permitted.
Two such exfiltration tests will be required for each type of
pipe and for each size of pipe. If the results are satisfactory
on the two sections chosen by the Engineer, no further exfiltra-
tion tests will be required.
If results of the exfiltration test are not satisfactory, addi-
tional tests may be required until the Engineer is satisfied
that the leakage requirements are being met.
Prior to final acceptance of each section of the sewer line, the
Contractor shall flush a ball, the full diameter of the sewer,
through the line. All dirt and debris shall be prevented from
entering the existing sewer system by means of watertight plugs
or other suitable methods.
Upon completion of the Contract, the Engineer will carefully
inspect all sewers and appurtenances. Any cracked or broken
pipe shall be removed and replaced with a sound one and the in-
vert of the sewer shall be left clean and free from any obstruc-
tions throughout the entire line.
19. INTERRUPTION OF PRIVATE WATER SUPPLIES
~f any private water supply shall become interrupted, either tem-
porarily or permanently, solely as a result of the Contractor1s
de-watering procedure, the Contractor shall be held harmless from
any claims.
20. DETOURS - TRAFFIC CONTROL
When traffic cannot be diverted, it will be per~itted to use the
street at all times
The Contractor shall furnish sufficient signs to facilitate the
directing of traffic. These signs shall conform to the signs
illustrated on the detail sheets of the Plans, and placed as
- 19 -
SC
directed by the Engineer. Each detour sign shall be reflector-
ized and shall be illD~inated with two six (6) inch, battery-
powered, blinkers with amber lenses. All barricades shall have
blinker lights on each end. The Contractor shall have a suffi-
cient nmaber of barricades and signs on hand prior to the start
of construction.
It shall be the Contractor's responsibility to make a check and
inspection of all lights and barricades every four hours, in-
cluding Sundays and Holidays. He shall maintain the streets in
a passable condition. He shall conduct his work so as to create
a minimD~ of inconvenience to traffic and shall furnish not less
than two flagmen at each location where loading or depositing of
material requires the turning of the trucks on any State Highway
or "Main Street II and where the operation of construction equip-
ment endangers traffic. Temporary suspension of work does not
relieve the Contractor of the responsibility outlined in the
above requirements.
21. METHODS OF MEASUREMENT AND PAYME1TT
A. Sewer Pipe in Place
Sewer pipe will be paid for at the Contract price per linear
foot for each type, for each diameter of pipe furnished and
according to ~he depth zone classification. Increasers and
reducers will be paid for at the Contract unit price per
linear foot for the largest diameter pipe on the section.
Unit prices bid shall include excavation, PQmping, sheeting,
pipe completely installed, and backfilling. All measurements
will be made along the centerline of the pipe and from
center of manhole to center of ma~hole, or center to center
of appurtenant structures. Depth zone classification shall
be based on total depth of trench, from surface of the
ground to invert of the sewer.
B. Cast Iron Pipe in Lieu of Vitrified Clay Pipe
Cast iron pipe, not shown on the plans, but placed upon dir-
ection of the Engineer in lieu of clay pipe shall be paid
for as clay pipe in accordance with Item "B" above plus the
contract unit price per lineal foot bid as "Additional cost
per foot for substituting C.I.P. in lieu of V.S.P.ll as listed
on the Proposal Form for the diameter of pipe furnished.
Cast Iron pipe fittings shall be paid for at the Contract
unit price per pound for the standard weight of fittings
and specials installed. Payment will not be made for
glands, gaskets, bolts or other accessories.
- 20 -
SC
C. Manholes
Manholes will be paid for to a depth of eight (8) feet at the
Contract unit price per manhole, including base, cover, and
ring. Manholes will be measured from top of cover to invert
of sewer.
D. Excess Depth of Manholes
Ma~holes constructed to a depth greater than eight (8) feet
will be paid for at the Contract unit price per linear foot
for each foot of depth greater than eight (8) feet. All
excess depth on the project will be added together to deter-
mine pa~nent for excess depth for each diameter of manhole.
E. Drop Section for Drop Manholes
Type A - The drop section with the tee for drop maD~oles shall
consist of elbow, tee and one (1) length of V.S.P. or part of
length as may be required, including concrete base and pipe
support and will be paid for at the contract unit price for
each unit.
Type B - The drop seC~lon without tee for drop ma~holes shall
consist of an elbow and one (1) length of V.S.P. or part of
length as may be required with a clay stopper, including con-
crete base and pipe support and vIill be paid for at the con-
tract unit price for each unit.
F. Risers for Drop Manholes
The risers for drop ma~holes consi~t of V.S.P. including pipe
support and will be paid for at the contract unit price per
lineal foot above the height covered by llEll above.
G. Connection to Existing Drop Sections
A connection to an existing drop section shall consist of
completing a type llBll drop section, as covered under Item llEll
above, by cutting into the existing manhole and furnishing
a tee completely installed and will be paid for at the con-
tract unit price. Any removal of, or addition to existing
drop section shall be paid for as per Item llF!I above.
H. Wyes, Tees and Special Fittings
Wyes, tees and special fittings will be paid for at the Con-
tract price for each unit furnished of the size and classifi-
cation specified in the Proposal Form.
1. Catch Basins
Catch basins will be paid for at the Contract unit price,
including base and casting.
J. Flared End Sections In Place
End sections will be paid for at the Contract unit price for
each size furDished and shall include placing costs; and rip
rap and trash guard if specified.
- 21 -
SC
K. Piling
Piling up to 20 feet long and caps shall be paid for at the
Contract unit price for each single pile bent.
Any piling required over 20 feet in length shall be paid
for as excess length of piling. Cut off lengths will not
be paid.
Double pile bents shall be paid for according to the length
of each individual pile. There shall be no additional com-
pensation for lumber or hard1tJare used to tie the piles to-
gether.
L. Foundation Material
Material used for refilling to pipe founde,',':.c..on grade to assure
firm foundation for pipe shall be paid for at the Contract
unit price per measured cubic yard volu~e in place. Payment
shall be made only for the width of trench, and shall not
exceed the quantity of material used within the maximu~
allowable width of trench multiplied by the depth below the
bottom of the pipe. Payment shall include cost of excavation
and placement.
M. Pit Run Material
Material used for backfill, which the Engineer directs to be
purchased shall be paid for by the cubic yard in place.
N. .sod
.sod will be paid for at the Contract unl~ price per square
yard in place. Quantities will be determined by measurement
in the field. The price shall include all necessary black
dirt.
o. .special Sections
.special sections will be paid for at the contract price on
a lQmp sum basis for all work and material necessary for the
complete installation or construction.
P. Merged Items
The cost of all material and labor required to complete this
project as specified and shown on the Plans, but not specifi-
cally included as a pay item, shall be merged with the various
unit prices bid.
- 22 -
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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 Employer1s Quarterly Federal Tax Return,
U. S. Treasury Department Form 941):
- 1 -
AFFIDAVIT
Fair Trade Items:
Li s t b elm'l each
which is affected by
contract between the
item to the bidder.
item upon which a bid is made, the price of
a resale price maintenance or "fair tradelf
bidder and the person or firm supplying the
(Use reverse side if necessary).
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TIMBER PILE BENTS
FOR
WATERMA1N
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CONSULTING ENGINEERS
MINr\!EAPOLlS, rvHr~NESOT.c.
FINISHED
GRADE
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2" IN DIAMETER - UPPER I FOOZ
NORMAL BACKFILLING PROCEDURE
REMAINDER OF EXCAVATION
AS SPECIFIED
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NOTE:
UNIT PRICE TO INCLUDE
SUB - CUT BELOW
OF PIPE,
BEDDING MATERIAL TO BE
TAMPED IN 6" LAYERS
CENTER OF PIPE TO MIN-
1MuM OF 12" OF COVER,
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T9 BE TAMPED IN
3' LAYERS - BOTTOM ---
OF EXCAVATION TO
CENTER OF PIPE
NEW HOPE, MINNESOTA
TYPICAL WATERMAIN BEDDING
IN CLAY, HARDPAN OR ROCK
EXCAVATION CONDITIONS
ORR-SCHELEN-MAYERON
a ASSOCIATES, INC.
CONSULTING ENGINEERS
MINNEAPOLIS I MINNESOTA
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NOTE: PAYMENT FOR BINDER STONE WILL BE COMP'UTED ON A CUBIC YARD BASIS,
VOLUME COMPUTATION WILL BE MADE BY TAKING THE DEPTH OF BINDER STONE INSTALLED
MULTIPLIED BY THE MAXIMUM ALLOWABLE WIDTH OF TRENCH AND BY THE LENGTH OF
TRENCH WHERE ROCK IS INSTALLED. MAXIMUM ALLOWABLE TRENC~WIDTH MEASUREMENT
WILL BE TWO (2) FEET PLUS THE DIAMETER OF THE PIPE. NO ADDIT .~\IAL PAYMENT WILL
BE MADE FOR BINDER STONE REQUIRED TO FILL A WIDER TRENCH OR :;>. BCUT FOR
PLACEMENT OF BINDER STONE, QUANTITY OF BINDER STONE SHALL BE VERIFIED BY
CONTRACTOR'S FOREMAN AND ENGINEER AT THE END OF EACH DAY,
I MAXIMUM TRENCH WIDTH I
,"'-rWO FEET PWS THE DIAMETER OF PIPE
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NOTE: PIPE VOLUME TO BE
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STONE VOLUME TO DETERMINE
NET YARDAGE OF BINDER STONE.
NO SCALE
NEW
HOPE,
BINDER
o RR - SCHE LEN - MAYERON
a ASSOCIATES, INC.
CONSULTI NG ENGINEERS
MINNEAPOUS, MINNESOTA
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MINNESOTA
STO N E
STASI LIZ IN G FOUN DATION
DETAIL
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New Hope, ~~~Qesota 55427
STATE OF MINNESOTA ,~.-
MINNESOTA POLLUTION CONTROL AGE:N<S::Y(\' I
459 BOARD OF HEALTH BUILDING ~5;,>/--
UNIVERSITY CAMPUS .
MINNEAPOLIS I "'-
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55440 I ~!
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September 15,1967
Gentlemen:
Pursuant to authorization of the ~Ulli~esota Pollution Control Agency and iYl
aCCODCtanCe vdth the authority invested by f1ip~esota statutes, plans prepared by
R. J. HustoE, P6E., and submitted by 01"1", Schelen, l~yeron and Associates, Inc.,
ConsultiYlg ~ngineers, to the Agency on 22, 1967 for sewerage facilities in
your Village are approved and a permit for constYQction is hereby granted.
These plans designated Perrvit No. 5442 bee~ reviewed by the teclInical
staff of the l{Lnnesota Pollution Control Agency and h~ve been recommended for
approval of the Agency vdth the usual reservations as stated on the attached sheet
entitled, fllnformation Relative to P1a..Yl E:ir.amination, Sevier Improvements.1! This
revi€fl'i includes the design of the sanitary features of Se'l'ierS sh01-\'11 on plans en-
titled, flSanitar-y Sevier, lllater and ApP1..1.rtenant ~Tork for the Village of Nei'J
Hope, Ivw..nesota, Se1ver and i'later Project No. 19lfi., I! 10 sheets and described iYl
the specifications attached. This project consists of appro~~mptely 8200 feet
of 8-inch to 9-inch dia:lleter pipe located as ShOl/111 on the above plans.
One set of plans for ti<.is project identified -,fith this permit is being returned
to you under separate cover and one set is being retained for the Agency files.
wilen ti<.is project is completed in accordance ~dth the aforementioned pla..YlS, this
office should be advised on the enclosed form so t~zt a permit can be issued for
the use of these facilities.
The continuar~ce of this constr'tlction permJ,:c i 11. force shall be conti..1J.gent
upon commencement of the work covered thereby thL1J. two years from the date of
the permi t, &'1d upon com.pletion of such 'l;wrk .,fithin three years from ti<'i s date.
Yours vel~ trulJr,
C=-=~~~~~~-~~th, Acting Director
;Mil~1J.esota Pollution Control Agency
cc: Dr. R. Williams, Health Officer of New Hope
01"1", Schelen, l~yeron and Associates, Consulting Engineers
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STATE OF HINNESOTA
~~SOTA POLLUTION CONTROL AGENCY
BOARD OF HEALTH BUILDING
UNIVERSITY CAMPUS
MINNEAPOLIS
55440
DIRECT REPLIES TO:
LYlE H. SMITH
ACTING DIRECTOR
3.39-7751
June 30, 1967
Village Council
c/o Mrs. Betty Pouliot, Clerk
New Hope, Minnesota 55427
~ntlemen:
This will acknowledge receipt of plans and specifications for
sewerage facilities in your village which were submitted by Orr-
Schelen-~~yeron, and Associates, Inc., Consulting Engineers, for
review and approval by the Minnesota Pollution Control Agency.
A review was made of the design of the sanitary features of the
sewer extensions as shown on the plans and described in the specifi-
cations attached.. It is our opinion that the plans are satisfactory
and will be submitted to the Minnesota Pollution Control Agency .~th
the recommendation that approval and a permit for construction be
granted.
The State Water Pollution Control Commission is no longer
authorized to approve plans and issue permits. Administration and
enforcement of the Water Pollution Control statutes has been trans-
ferred to the Minnesota Pollution Control Agency which replaces the
Commission. Until the Agency is organized and the policies are
established, your pltience in awaiting a permit for construction will
be appreciated.
Please let us know if you have any questions concerning this matter.
Yours very truly,
-==:::::i~~:-- s~th, Acting Director
Minriesota Pollution Control Agency
cc: Orr-Schelenr-Mayeron and Associates, Inc.
Consulting Brlgineers
1104 Currie Avenue
lunneapolis, Minnesota 55403
1:/
DEPARTMENT OF HEALTH
STATE OF MINNESOTA
UNIVERSITY CAMPUS
MINNEAPOLIS 55440
Hay 24, 1967
Village Councilof Nevl Hope
c/o F~S. Betty Pauliot, Clerk
Village Hall
7701 - 42nd Avenue North
i'Iinneapolis, Ninnesota 55427
Gentlemen:
He are enclosing a copy of our report covering an eX8.lmnation of
pla..71s and specifications on ..vater main extensions for your village.
The plans and specifications have been turned over to our viater
Pollution Control Section for exaxllination of the se..'ler extensions
that l'lere included, and a set of the identified plans and specifi-
cations ..,Till be sent to you by that Section vlha"l the pla..71s have
been favorably acted upon by the Water Pollution Control Commission.
If you have any questions in regard to the information contained in
this report, please iirite us.
Yours very truly,
~~k~4e;(
F. L. Woodward, Director
Division of Environmental Health
Enclosures
cc: Orr, Schelen, Mayeron and Associates, Inc.
Dr. R. ~'lilliams, Health Officer
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Z-1044
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STATE OF MINNESOTA
MINNEAPOLIS 55440
June 16, 1967
DEPARTMENT OF HEALTH
UNIVERSITY CAMPUS
New Hope Village Council
c/o Mrs. Betty Pouliot, Clerk
7701 - 42nd Avenue North
Mi~neapolis, }linnesota
Gentlemen:
The attached addendum has been reviewed and found to conform to
the standards of this Department. It has been stamped to be
identified ...dth this letter and will be filed with the plans
described in our previous report of plan approval on water main
extensions, New Hope, Minnesota, dated May 23, 1967, (File No.
Z-1044) .
Yours very truly,
F. L. Woodward, Director
Division of Environmental Health
Enclosure
cc: Orr, Schelen, Mayerona and Associates
Dr. li. Williams, Health Officer
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