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Imp. Proj. #692 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development Kirk McDonald 11-1 3-01 Public Hearin Item No. By: 7.1 PUBLIC HEARING: RESOLUTION A / OPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 692 (60TH STREET EXTENSION, DRAINAGE AND WATERMAIN PROJECT) REQUESTED ACTION This is the public hearing to consider the adoption of the assessments for the Hidden Park Condo improvements, including the street/easement extension and drainage improvements. The Condo Association petitioned the City for the improvements. The enclosed resolution adopts the assessments for the improvements and staff recommends approval of the resolution. POLICY/PAST PRACTICE In the past, the City has completed projects involving public and private improvements if there is an assessment agreement in place with property owners agreeing to pay the cost of the private improvements. When the project is completed, it is routine procedure to schedule a public hearing and assess the final project costs against the benefiting property owners. BACKGROUND The Hidden Park Condo Association petitioned the City for this improvement. At the February 12, 2001, Council meeting, the City Council approved plans and specifications for this project and authorized staff to seek bids. Bids were opened, reviewed by the Association, and the City Council awarded the contract for the work at the April 9 Council meeting to Don Zappa & Son Excavating, the low bidder, with a base bid of $81,720.55. The construction work was undertaken this summer, has been completed, and final payment made to the contractor. Per the City Engineer's correspondence, the improvements included the construction of storm sewer, water main, curb and gutter and the reconstruction of the private drive. Xcel Energy still has to complete some lighting improvements, however, this is outside the City's project contract. (Cont. ) MOTION BY /}JL,U-(j7:v'i;ittCIJ{1;(/)!JLll.-l ~ TO' J ! 1 U /; ( . ", y /L~ . ! Request for Action Page 2 11-13-01 The total project costs are as follows: Driveway and storm sewer construction Watermain construction Indirect costs TOTAL PROJECT COSTS $56,707.15 21,994.90 24,563.83 $103,265.87 The previously approved assessment agreement calls for all work except the water main improvements to be assessed to the Hidden Park Condos. The total costs can be divided as follows: City Costs: Watermain construction Indirect costs Total City Cost $21,994.90 5,486.22 $27,431.12 Hidden Park Condo Costs: Driveway and storm sewer construction I ndirect costs Total Hidden Park Condo Cost to be assessed $56,707.15 19,077.60 $75,784.75 The Indirect Costs to Hidden Park Condos include 25% of the construction total ($14,176.79) and $4,900.81 in rebidding costs. The costs identified in the assessment agreement are slightly higher than the actual costs. Consequently, the levied assessment will be lower than the assessment estimated in the agreement: Item Cost Identified in the Final Project Costs to be Assessment AQreement Assessed Driveway and Storm Sewer Construction $62,061.75 $56,707.15 Street Light Modifications $2,550.00 $0.00 Indirect Costs $15,538.25 $19,077.60 * Total Costs to Hidden Park Condos $80,150.00 $75,784.75 */ndirect costs include costs for rebiddinq A direct project cost will not be incurred for the lighting modifications. Xcel Energy will make the required modifications. The typical monthly lighting billings cover the cost of the modifications. The City Engineer recommends assessing the total cost of 75,784.75 equally to the 68 units in the Hidden park Condos ($1,114.48 per unit). At the October 8 Council meeting, the City Council approved a Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Assessment. The attached notices were mailed to all property owners within the Association being assessed. The City Attorney has prepared the enclosed Resolution Adopting Assessment. The term of the assessments will be ten (10) years and the first installment shall be collected with taxes in the year 2002. The interest rate is established at 7.0 percent. Property owners can pay the assessment in full 30 days after the adoption of the resolution by the Council with no interest payment. After that time, property owners can payoff the assessment at any time during the 10-year period, less the current year's installment. Staff recommends approval of the resolution. Request for Action ATTACHMENTS: . Resolution Adopting Assessment . City Attorney Correspondence . Notice of Hearing . Assessment Roll . City Engineer Correspondence . Site Map . Plans . Correspondence Requesting Improvement Page 3 11-13-01 RESOLUTION NO. 01-132 RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 692 (60th Street Extension, Drainage And Watermain Project) WHEREAS, pursuant to notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed assessment for Improvement Project No. 692, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of said installments to be payable with general taxes for the year 2002, collectible with such taxes during the year 2002. b. To the first installment shall be added interest at the rate of 7.0 % per annum on the entire principal amount of the assessment from the date of this resolution until December 31 of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. c. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date hereof; and such property owner may at any time prior to November 15 of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31 of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. -1- Attest: Adopted by the City Council this 13th day of November, 2001. ~/~ Valerie Leone, City Clerk P:\Attomey\Cnh Rtsolutions\CNH99.1125S..(X)2-Reso Adopting A.s.sess:l:ne:nt- 60th 51 Extenstioo.wpd :t/LLJ W. 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III a. er ~ ~ ~ ~ "U Q) co Cll I\) GORDON L JENSEN* NICOLE M. RrTLANDT STEVEN A. SONDRALL WILLIAM C. STRA.ITT STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD "Real Property Lo'\' Specinlist Ccltified By The :-'ilinncsol3 State B<lf Association fQualified ADR ~eUiral JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKL YN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFA,X (763) 493-5193 e-mail law@jensen-sondralI.com October 24,2001 Kirk McDonald Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, IvfN 55428 1------------------------------------, I I I SENT BY FAX I ! TO: (763) 531-5136 \ I AND BY REGULAR MAIL i I I l____________________________________~ Re: Resolution Adopting Assessment for Improvement Project No. 692 (60th Street Extension, Drainage and Watermain Project) Our File No.: 99.11255 Dear Kirk: Please find enclosed for consideration at the November 13, 2001, Council Meeting a proposed Resolution Adopting Assessmentfor Improvement Project No. 692.' Pursuant to the Assessment Agreement, the term of the assessments will be ten (10) years. The first installment shall be collected with taxes in the year 2002. Also, the interest rate is established at 7.0 percent per your October 10, 2001, e-mail. Please have the City Clerk and Finance Director prepare an assessment roll for all 68 housing units indicating the assessment against each unit, and attach said roll to this Resolution. Contact me if you have any questions or comments conceming the enclosed Resolution or this letter. Very truly yours, ~ Steven A. Sondrall, City Attomey, City of New Hope JENSEN & SONDRALL, P.A. 53Sidd cnsen -sandra II.com After Hours Extension #147 Enclosure cc: Valerie Leone, City Clerk, City of New Hope (w/enc.) Daryl Sui ander, Finance Director, City of New Hope (w/enc.) CNH99.I 1255-010-Kirk Ltr.wpd 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 www.ci.new-hope.mn.us { City Hall: 763-531-5100 Police: 763-531-5170 Public Works: 763-533-4823 TOO: 763-531-5109 City Hall Fax: 763-531-5136 Police Fax: 763-531-5174 Public Works Fax: 763-533-7650 NOTICE OF HEARING ON ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 692 TO: YOUR ASSESSMENT: INTEREST RATErrERM: TIME AND PLACE GENERAL NATURE OF IMPROVEMENTS: ASSESSMENT ROLL OPEN TO INSPECTION: AREA PROPOSED TO BE ASSESSED: .'0; -"- PROPERTY OWNER OF HIDDEN PARK CONDOMINIUM $1 ,114.48 7% Over 10 Years Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on Tuesdav the 13th day of November 2001. at 7 o'clock p.m. to consider the proposed assessments for 60tf. Street extension improvements, Improvement No. 692 heretofore ordered by the City Council. The general nature of the improvement is as set forth in the April 18, 2001, Hidden Park Condominium Petition for Public Improvement and Assessment Agreement. The owner has agreed to pay for costs associated with installing the storm sewer, reconstructing the parking lot, and reconstructing the driveway from the property to West Broadway. The City will pay project costs associated with construction of the watermain. The proposed assessment roll is on file with the City Clerk and open to public inspection. The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: PID No. 05-118-21-21-0041 05-118-21-21-0042 05-118-21-21-0043 05-118-21-21-0044 05-118-21-21-0045 05-118-21-21-0046 05-118-21-21-0047 05-118-21-21-0048 05-118-21-21-0049 05-118-21-21-0050 05-118-21-21-0051 05-118-21-21-0052 05-118-21-21-0053 Addresses 6051 West Broadway, #101 6051 West Broadway, #102 6051 West Broadway, #103 6051 West Broadway, #104 6051 West Broadway, #105 6051 West Broadway, #201 6051 West Broadway, #202 6051 West Broadway, #203 6051 West Broadway, #204 6051 West Broadway, #205 6051 West Broadway, #206 6051 West Broadway, #301 6051 West Broadway, #302 Family Styled City lJl\JWl.r For Family Living ~...- 05-118-21-21-0054 05-118-21-21-0055 05-118-21-21-0056 05-118-21-21-0057 05-118-21-21-0058 05-118-21-21-0059 05-118-21-21-0060 05-118-21-21-0061 05-118-21-21-0062 05-118-21-21-0063 05-118-21-21-0064 05-118-21-21-0065 05-118-21-21-0066 05-118-21-21-0067 05-118-21-21-0068 05-118-21-21-0069 05-118-21-21-0070 '05-118-21-21-0071 05-118-21-21-0072 05-118-21-21-0073 05-118-21-21-0074 05-118-21-21-0075 05-118-21-21-0076 05-118-21-21-0077 05-118-21-21-0078 05-118-21-21-0079 05-118-21-21-0080 05-118-21-21-0081 05-118-21-21-0082 05-118-21-21-0083 05-118-21-21-0084 05-118-21-21-0085 05-118-21-21-0086 05-118-21-21-0087 05-118-21-21-0088 05-118-21-21-0089 05-118-21-21-0090 05-118-21-21-0091 05-118-21-21-0092 05-118-21-21-0093 05-118-21-21-0094 05-118-21-21-0095 05-118-21-21-0096 05-118-21-21-0097 05-118-21-21-0098 05-118-21-21-0099 05-118-21-21-0100 05-118-21-21-0101 05-118-21-21-0102 05-118-21-21-0103 05-118-21-21-0104 05-118-21-21-0105 05-118-21-21-0106 05-118-21-21-0107 05-118-21-21-0108 6051 West Broadway, #303 6051 West Broadway, #304 6051 West Broadway, #305 6051 West Broadway, #306 6015 West Broadway, #102 6015 West Broadway, #103 6015 West Broadway, #104 6015 West Broadway, #105 6015 West Broadway, #106 6015 West Broadway, #201 6015 West Broadway, #202 6015 West Broadway, #203 6015 West Broadway, #204 6015 West Broadway, #205 6015 West Broadway, #206 6015 West Broadway, #301 6015 West Broadway, #302 6015 West Broadway, #303 6015 West Broadway, #304 6015 West Broadway, #305 6015 West Broadway, #306 6013 West Broadway, #101 6013 West Broadway, #102 6013 West Broadway, #103 6013 West Broadway, #104 6013 West Broadway, #105 6013 West Broadway, #201 6013 West Broadway, #202 6013 West Broadway, #203 6013 West Broadway, #204 6013 West Broadway, #205 6013 West Broadway, #206 6013 West Broadway, #301 6013 West Broadway, #302 6013 West Broadway, #303 6013 West Broadway, #304 6013 West Broadway, #305 6013 West Broadway, #306 6007 West Broadway, #102 6007 West Broadway, #103 6007 West Broadway, #104 6007 West Broadway, #105 6007 West Broadway, #106 6007 West Broadway, #201 6007 West Broadway, #202 6007 West Broadway, #203 6007 West Broadway, #204 6007 West Broadway, #205 6007 West Broadway, #206 6007 West Broadway, #301 6007 West Broadway, #302 6007 West Broadway, #303 6007 West Broadway, #304 6007 West Broadway, #305 6007 West Broadway, #306 TOTAL AMOUNT OF PROPOSED ASSESSMENT: RIGHT OF APPEAL: LIMITATION ON APPEAL: DEFERMENT OF ASSESSMENTS: SPECIFIC AMOUNT TO BE ASSESSED: INTEREST RATE ASSESSMENT INSTALLMENTS: PAYMENT OPTIONS THIS YEAR: '- The total amount of proposed assessment is $75,784.75. Pursuant to the April 18, 2001, Hidden Park Condominium Petition for Public Improvement and Assessment Agreement, the owners of property to be assessed have waived their right to appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081. Owners may appeal to district court pursuant to Minnesota Statutes, Section 429.081 any arbitrary, unreasonable or capricious actions of the City in connection with this project by making an objection at the hearing and by serving notice of the objection upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within 10 days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of the assessment based on the waiver of appeal set out in the referenced Assessment Agreement. Objections to the regularity of these proceedings not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object is due to a reasonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code 1.60 et. aI., a copy of which is available upon request at the office of the City Clerk. The amount to be specifically assessed against your particular lot, piece, or parcel of land is stated on the first page of this notice. If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7%. Unless you choose to prepay your assessment, the assessment will be certified to your real estate taxes commencing with taxes payable in 2002. The assessment will be spread in equal annual installments over 10 years bearing interest at 7%. The first installment will include interest on the total assessment from November 1, 2001, through December 31,2002, or 14 months' interest. 1) FULL PAYMENT - you may prepay the entire assessment to the Finance Director or Assessment Clerk of the City prior to December 13, 2001, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2) P ARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. PAYMENT IN SUCCEEDING YEARS: \... 1:\PROJECT-PHN\AHN-692.doc Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. In subsequent years, the principal balance remaining may be paid to the Finance Director or Assessment Clerk at any time prior to November 14 of any year. Dated: October 26, 2001 BY ORDER OF THE CITY COUNCIL Iall~1 ~ Valerie Leone, City lerk , . Boncstroo, Rosene, Anderlil( and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Rosene Anderlik Associates Principals: Otto G. Bonesrroo. P.E, ~tvlarvjn 1.... $orv.::,la, PE. ~ Glenn R. Cook, P.E. a Robert G. SChunicht, PE. II Jerry A. Bourdon, P.E Senior Consultants: r:;obert VI. Rosene. P.E. . Joseph C. Anderlik. P.E, . Richard E. Turner, P.E. . Susan M. EberHn, c.P.A. Engineers & Architects Associate Principals: Keith A Gordon, P.E. .. Rober: R. Pfefferle, P.E, " ir:;ichard \\1. Foster, PE. . David O. Losko!a, FE. .. A. Hanson. P.E. " :v'l1enael TRautmann, FE. .. Ted K. Field, PE. .. Kenneth P Anderson. PE. . ;Vlark R. Rolfs. PE. . DavId ;." Bonesrroo, rv18.,;;. .. Sidney P V/illiamson. PE.. L.S. .. Agnes M. Ring, M.B.A. . Allan Rick Schmidt. PE. .. Thomas \'J/, Peterson. P.E. .. James R. i\"laland, PE. . Miles B. Jensen, PE. . L. Phillip Gravel Ill, P.E. .. Daniel J. Edgerton. PE. " !smaei :'vlartinez, RE. ~ Thomas A Syfko, PE. ~ Sheidon J. Johnson" Dale A. Grove, PE. . Thomas A. Roushar, PE. .. Robert J. Devery. RE. Offices: S!. Paul, St. Cloud. Rociles[er and Viii/mar. Mi-.J . i'v1ilv/aur:ee, WI . Chicago. JL Website: v/\v\\'.bonestrOO.com To: Kirk McDonald, Steve Sondrall From: Vince Vander Top cc: Mark Hanson Subject: 60th Street Extension/6003 West Broadway Assessment Information Our File No. 34-00-121 Date: October 22, 2001 All work associated with the 60th Street ExtensionlPrivate Driveway contract is complete. The improvements included the construction of storm sewer, water main, curb and gutter and the reconstruction of the private drive. Excel Energy still has to complete some lighting improvements, however, this is outside the City's project contract. The total project costs are as follows: Driveway and stOlm sewer construction Watelmain construction Indirect Costs $ 56,707.15 $ 21,994.90 $ 24.563.83 Total Project Costs $103,265.87 The previously approved assessment agreement calls for all work except the water main improvements to be assessed to the Hidden Park Condos. The total costs can be divided as follows: City Costs: Watermain Construction Indirect Costs Total Hidden Park Condo Cost to be assessed $ 21,994.90 $ 5.486.22 $ 27,43-~ $ 56,707.15 $ 19,077.60 $ 75,784.75 j / Total City Cost Hidden Park Condo Costs: Driveway and storm sewer construction Indirect Costs The Indirect Costs to Hidden Park Condos include 25% of the construction total ($14,176.79) and $4,900.81 in rebidding costs. 2335 West Highway 36m St. Paul, MN 55113 E 651-636-4600 Fax: 651-636-1311 The costs identified in the assessment agreement are slightly higher than the actual costs. Consequently, the levied assessment will be lower than the assessment estimated in the agreement: Item Cost Identified in the Final Project Costs to be Assessment Agreement Assessed Driveway and Storm $62,061.75 $56,707.15 Sewer Construction Street Light Modifications $2,550.00 $0.00 Indirect Costs $15,538.25 $19,077.601 Total Costs to Hidden $80,150.00 $75,784.75 Park Condos 1 Indirect costs include costs for rebidding A direct project cost will not be incurred for the lighting modifications. Excel Energy will make the required modifications. The typical monthly lighting billings cover the cost of the modifications. In summary, we recommend assessing the total cost of $75,784.75 equally to the 68 units in Hidden Park Condos ($1,114.48 per unit). Please contact me at 651-604-4790 with questions. (J'l <D -l :::c ~ . .... 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I.4INNESOTA 6Ot" STREET EXTENSIONS - REVISED : 0') ,.: DOWNOCC/WATUt _~,1'[ ~ ~0n5 "'D. ......... ....0.....&...... __"'Of" ......-.."f"vr..- -_ 0_ ...- ..... .,.. -., j -z December 21. 2000 "'1:, Kirk McDonald City of New Hope 4401 Xylon Avenue New Hope, MN 55428 RE: 60th Street Road Repair Addition of 4 units Dear Kirk, This letter is in response to our conversation a few weeks ago regarding the 60111 Street Road replacement project. As mentioned, we received over 73% homeowner approval, but unfortunately did not receive all ballots until after the 21st deadline. Weare confident that we l\ill succeed in are-vote. We would like to vote on April 4, 2001 at our Annual Meeting. Is it possible for the City to solicit early bids and have everything in order by March 9, 200 I? We must mail our Annual Meeting packages to the owners between 21-30 days in advance. Please let me know if this is possible. Also, I would like you to get the ball rolling on obtaining permission from the City so that we may sell two or three of our vacant units at Hidden Patk. Four units were left vacant when the apartments were converted to condominiums because of parking restrictions. Codes have changed and we feel we have adequate parlring to accommodate 2-3 more units. Our hope is to remodel the units. then sell them to someone wishing to live in our community. Thank you for everything you have done for us Kirk! We really appreciate all your efforts. I look forward to hearing your response. I hope you have a Happy Holiday Season!!! ~~ly, {/~ Tamera Michels, Manager Hidden Park Condominiums Owners Association /~,;,~~, ~",;ri';::'i'",",_,,, '-<.r$"-'....,....."F'";::::s~;....".,,;,_"" .~-- - -i~~,V::';";;:;~~~ ~.A!~ /j:'J~ ~l-D. 32l' -391584 ~~l. 09 1999 11:36AM P1 ~ ""'\. DATE: July 9, 1999 TO: Doug Sandstad FROM : 'I'amera Mi.chels, Manager Hidden Park Condominiums OWners Assn. RE: 60tll St.reet. This letter is in follow up to our conversation a fe~ weeks ago regarding Hidden Park's desire to improve the drivewiY on the south end of the property, known as 60~ Street. ~t.er our conversation, I understand the homeowners ,f the two homes actuaLLy own the street and our easemen~ aqreement raquires Hidd~ Park to maintain it. (LL .GDowplowing , sweeping, patchi:1q, etc._) '!'he problem with 60th street is it bas never had appropriate drainage which has caused a variety of problems for all perso~s using the road. The City of New Hope bas stODll sewers on our. propert '{, and my hope is that the City will assist ~ in this improvement projeot ~n anyway poss..ible. I am hoping that the improvements to the Street and .Gtox:m sewers can be enqineered and approved in time to do the work in the Sp.r:i.ng or Su:rxme.r of 2000. I am a..kine;. the Ci.ty to d~si9Jl and plan the project and assess us accordingly. I think if a drai.':l.age plan could be created so that all surface. water is directed. tQ the stox:m drains, it would el~nate the problems. Hidden park has made numerou5 improvements. to the pr :lperty ov.er the past 5 years. New fire alarm systems, roofs, garage door3, boiler systems and hot water heaters are j~st a few. In the next y~ar, we are planning to redecorate the interiors of the buildings and ins~all new landscape areas throughout the property. I ment~on the above items to show that we have oompl~ted a great deal of improvements and have many :more. planned. If the Cit{ has the abi~ity to assess our homeowners over a. 5-10 year period, it wOlld be much more affordable to all homeowners. Thank you for your consideration, please feel free t., call me at 612- 551-9110 if you have any ~estions. I look fo~a.rd :0 hearing fr~ the City in reg.ards to this request. COUNCIL - (~m WHO REQUEST FOR ACTION - Originating Department Approved for Agenda Agenda Section Community Development 4-23-01 Development & PlanninQ Item No. 8.2 By: Kirk McDonald By 1) // RESOLUTION APPROVING PETITION AND ASSESSMENT AGREEMENT FOR HIDDEN PARK CONDOMINIUM AND ORDERING IMPROVEMENT (CITY PROJECT NO. 692) REQUESTED ACTION Staff recommends that the City Council approve the attached Resolution Approving Petition and Assessment Agreement for Hidden Park Condominium and Ordering Improvement (City Project No. 692). The City would coordinate the project and the majority of the cost for the improvements would be assessed to the property owners. POLICY/PAST PRACTICE In the past, the City has completed projects involving public and private improvements if there is an assessment agreement in place with property owners agreeing to pay the cost of the private improvements. In July 2000, the Council passed a similar resolution to proceed with solicitation of bids on this project, however, a contract was never awarded due to the fact that the Hidden Park Condo Homeowners Association was not successful in obtaining the necessary votes to approve the assessment agreement. The Association contacted the City in December of 2000 and said that they were interested in pursuing the project again in 2001. BACKGROUND As the Council is aware, Hidden Park Condominium Homeowners Association requested that the City develop plans for this project, solicit bids, manage the project, and then assess the cost for the improvements back to them through an Assessment Agreement. At the February 12 Council meeting, the City Council approved plans and specifications for this project and authorized staff to seek bids. Bids were opened on February 28, and the low bidder on the project was Don Zappa & Son Excavating with a base bid of $81,720.55. The base bid includes private driveway/drainage and water main loop improvements, and the street light cost is not included in the contract. The bid for the alternate parking lot construction is $19,603.10. The total cost of the project for Hidden Park Condo (without the alternate) would be: Total $77,600.00 2,550.00 $80,150.00 Private Driveway/Drainage Street Light (cont'd. ) \J/.\ /" MOTION BY I JrJl{ij./~ . (j TO: t'Lell)~/~f /t ~(J. !~ (}J /-- ,') () . ! SECOND BY /~jljL /~)7I/l.J Request for Action Page 2 4-23-01 The $80,150 includes indirect costs for legal, engineering, and administrative expenses the City will incur for managing the project. The $80,150.00 cost divided among 68 units would average out to a cost of $1,178.68 per unit. This compares to an estimated cost of $77,000.00 or $1,132.00 per unit in 2000 and the increase is due to material price adjustments and Hennepin County traffic control requirements. This information was forwarded to the Hidden Park Condo Homeowners Association for consideration at its April 4 Association meeting. The Association has notified the City that the project was approved at the meeting with a 76.68 percent vote. The City Attorney has prepared the enclosed Assessment Agreement to proceed with the project. The Agreement states that the owners have petitioned the City for the improvements and sets out the cost sharing agreement between the owners and the City. The owner will pay $80,150 in principal for the project and agree to a 10-year assessment at an interest rate of seven percent per annum, with the first installment anticipated to be payable with real estate taxes due in 2001 (payable in 2002). The owner also waives all objections and all rights to appeal the assessment. The owner also agrees to indemnify, reimburse and hold the City harmless for all costs to make the improvements. This matter was tabled at the April 9 Council meeting at the request of the City Attorney, due to the fact that the fully executed petition had not been received by the City. The petition has now been received and can be acted upon. Staff recommends approval of the resolution. ATTACHMENTS . Resolution . Assessment Agreement . City Attorney Correspondence RESOLUTION NO. 01- 70 RESOLUTION APPROVING PETITION AND ASSESSMENT AGREEMENT FOR HIDDEN PARK CONDOMINIUM AND ORDERING IMPROVEMENT CITY PROJECT NO. 692 WHEREAS, Hidden Park Condominium Owners Association, a Minnesota non-profit corporation (hereinafter the Association), is the homeowners association for certain real property known as Hidden Park Condominium, located in the City of New Hope, County of Hennepin, State of Minnesota, legally described as: Tract B, except the North 85 feet thereof, and except that part of Tract B lying Easterly of the Southerly extension of the Westerly line of Tract D and Northerly of the Westerly extension of the South line of Tract E, all in Registered Land Survey No. 21, Files of the Registrar of Titles, County of Hennepin, (hereinafter the Property), and WHEREAS, the Association has petitioned the City to install a water main, extend a storm sewer, and reconstruct the driveway as part of City Project No. 692 (hereinafter the Project), and 'WHEREAS, the Association has signed a Petition for Public Improvement and Assessment Agreement dated April ~, 2001 (hereinafter the Petition and Agreement), a copy of which is attached hereto as Exhibit A and incorporated by reference, which Petition and Agreement requests the Project and calls for the Association to pay the entire cost of installing the storm sewer, reconstructing parking lot at the Property, and reconstructing the driveway from the Property to West Broadway, with said cost to be assessed against the Property as part of the Project special assessment, and WHEREAS, the City will pay the Project costs associated with the construction of the watermain, and 'WHEREAS. the Association has the legal right and authority to sign the Petition and Agreement, and WHEREAS, the owner of the property known as 7406 - 60th A venue North has also petitioned the City in writing for the Project, so that all ofthe abutting owners have now petitioned the City for the Project, and WHEREAS, it would be in the best interest of the City to accept and enter into the Petition and Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the above recitals are incorporated by reference. ') That the Petition and Agreement involving the Property, attached hereto as Exhibit A, is hereby accepted and approved. 3. That the Mayor and Manager are authorized and directed to sign the Petition and Agreement. 4. That Project No. 692 is hereby ordered. 5. That City Staff is directed take such step as are necessary or advisable to implement the Petition and Agreement and carry out and complete the Project. Adopted by the City Council this 23rd day of April 2001. 91MA W. Peter Enck, Mayor Anest tV/IV (,-,~.nv / Valerie Leone, City Clerk "ltt~"Jllpl1l ,jJ.rll.:um::ots\C;..iH Hi:Jl.!::n Put R::so Apprvg Ptm wU As..'i1ll1 Agnm 9.13 HIDDEN PARK CONDOMINIUM PETITION FOR PUBLIC IMPROVEMENT AND ASSESSMENT AGREEMENT 1. Parties - The parties to this Agreement are the City of New Hope, a Minnesota municipal corporation (hereafter City) and Hidden Park Condominium Owners Association, a Minnesota non-profit corporation (hereafter Owner). 2. Purpose - The Owner hereby requests and petitions the City to construct a public water main, including pipe, valves, fittings, and all other appurtenant works and services reasonably required to complete a water main loop between the existing water main in West Broadway and the existing water main serving Hidden Park Condominiums, and as part of that proj ect to extend a storm sewer from West Broadway to the Hidden Park Condominium property, and to reconstruct the driveway from West Broadway to the Hidden Park Condominium property to a 22 foot width. The Hidden Park Condominium property is located in the City of New Hope, County of Hennepin, and State of Minnesota, and is legally described as follows: Tract B, except the North 85 feet thereof, and except that part of Tract B lying Easterly ofthe Southerly extension ofthe Westerly line of Tract D and Northerly of the Westerly extension of the South line of Tract E, all in Registered Land Survey No. 21, Files of the Registrar of Titles, County of Hennepin, The purpose of this Agreement is to set out the respective cost sharing agreement between the City and the Owner relating to the water main, storm sewer, and driveway project. This improvement is being done as City Project No. 692 (the Project), formerly known as City Project No. 668, and is more fully described in the Memorandum from the Bonestroo, Rosene, Anderlik & Associates, engineers for the City, dated March 1,2001. All work shall be done in conjunction with the Project. 3. Description of Work - The public improvements described above shall be constructed according to plans and specifications prepared by the City engineers for the Project. 4. Costs - The Owner agrees that $80,150.00 shall be the amount of the Project attributed to installing the storm sewer and reconstructing the street and parking lot (hereafter the Assessed Amount), and assessed against the Property. This Assessed Amount is based on estimated construction costs of$104,750.00 for the entire Project. However, the City and the Owner understand and agree that change orders can affect the cost of the Project, including change orders based upon per unit costs. Change orders are generally the result of un forse en construction circumstances or project design changes. Owner acknowledges and agrees to pay on a pro rata basis as determined by the New Hope City Engineer all change order costs which increase total Project costs and the Assessed Amount under this Agreement. Owner acknowledges and agrees to pay the per unit costs ofthe project based upon the actual units used, which will not vary more than ten (10) percent from the estimated quantities used for bidding the project. 1 w J;:lz N , po, """" ,.A '- ,;~ f' ~ .~ 5. Special Assessment - The Owner acknowledges and agrees that the proposed construction of the Project specially benefits the Property. In consideration for the City's action to cause the construction of the Proj ect at the Owner's request, the Owner agrees that the fair market value ofthe Property will increase in an amount equal to or greater than $80,150.00 and that it will pay the Assessed Amount by a special assessment levied against the Property pursuant to Minnesota Statutes Chapter 429 over a period of ten (10) years at an interest rate of seven (7) per cent per annum. The first installment is anticipated to be payable with real estate taxes due in 2001. The Owner expressly waives all objections to any irregularity with regard to the special assessment for the Project and any claim that the Assessed Amount of $80,150.00 to be levied against the Property is excessive. The Owner further waives any and all rights to appeal the special assessment in District Court under Minnesota Statutes Chapter 429 or any other federal, state, or local law, rule, or regulation. Provided, however, the Owner shall retain the right to object to any arbitrary, unreasonable or capricious actions of the City in connection with the Project, other than the propriety thereof, the Owner's share in the cost thereof as set out above, or the City's right to lc:vy an assessment therefor against the Property. 6. Indemnification - The Owner agrees to indemnify, reimburse and hold the City harmless for all costs to make the improvements described above in the event the special assessment against the Property is held invalid and unenforceable for any reason, due to the improvements or special assessments being challenged by the Owner or the owners of individual units of Hid den Park Condominium, or anyone claiming through the Owner or the individual unit owners. This indemnification shall include reasonable attorney's fees and costs to collect and enforce the special assessment and this Agreement. Dated: .4f'e/~/r , 2001. Hidden Park Condominium Owners Association ~j" /J~J' /~/';;;''l>CJl/ ./J .' //;},&/ ; BY:l~'? #. ;ta:~~?t:;r/ Its: ,P;e/:::s/ ))z;:jCI'/ City of New Hope By ;lit2i[01 W. Peter Enck Its Mayor /) , 1') By://lGif't (c if I d~ Daniel J. Donahue Its City Manager ~ - ~- 7! c, /). / ~q .. ~i /:?& ex:--/)' /! By' ~''i.1f;7 ...-. ",) C/' c;{;P/./__ ~/ ......c:-,'<~':,,/' f';"""--' ,_ '" ...-.......-"......w -'~_' , Its: .;bEc.~-E77J12 Y C4.s5/S77?'7'v7) TAMERA MICHELS NOiARY ~ .tMNNESOTA Wrf~~Jan,31,2005 2 ADDENDUM TO IDDDEN PARK CONDOMINIUM PETITION FOR PUBLIC IMPROVEMENT AND ASSESSMENT AGREEMENT 1. Parties. The parties to this addendum are the City of New Hope, a Minnesota municipal corporation and Hidden Park Condominium Owners Association, a Minnesota non-profit corporation. 2. Purpose. The purpose of this addendum is to amend the April 18, 2001 Hidden Park Condominium Petition for Public Improvement and Assessment Agreement (hereafter Assessment Agreement) entered into by the parties. 3. Amendment. Paragraph 5 "Special Assessment" of the Assessment Agreement is hereby amended to provide that the first installment of the special assessment provided by the Assessment Agreement shall be payable with real estate taxes due in 2002. 4. Effect of Addendum. Any inconsistencies between this addendum and the Assessment Agreement shall be controlled by this addendum. However, all other provisions of the Assessment Agreement shall remain in full force and effect. Dated: 2001. Hidden Park Condominium Owners Association City of New Hope By: By: :;) 2'~ 11 / ., (! (- / .. .., . V~/~ ~. _LA w. Peter Enck \ Its: Mayor BYOC~~~ By 4,: .7~ ?r~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this L day of {lv..//e , 2001, b~~e /75ch~ andJ~I'I~'?' .a6~ ,the UU5idr..:!r.--r- and 0~80~,...( // of Hidden Park Condominium Association, a Minnesota non-profit corporation, in behalf of said non-profit corporatio/p,... . ~..__ / ~~~/U1de~~~}: \....-': Notary Public TAlEMYCHELS NOl'AIft'PUIUC.IIIItI8OTA It;<t .. ___3'1.2005 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me thi~nd day of OLl 41...-d: , 2001, by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager of Citl'ofNew Hope, a Minnesota municipal corporation, on behalf of said mnnifal corp~~atio~. , IZI_leA.L-1! Q /~r~~ /1 / Notary Public v (Notary Public Seal) VALERIE J. LEONE NOTARY PUBLIC-MiNNESOTA My Commission Expires Jan. 31, 2005 P:\Attorney\SAS\Docurnents\C1'-.TfiOO.1125S.Hidden Park Addendum to Assessment Amt.wpd -2- STATE OF MINNESOTA ) /& ~ ) ss. COUNTY OF /feP/~) The fo egoing was acknowledged before me this 2001, by and the p~J($1 J)6.AJr and of Hidden Park Condominium Owners Association, a of said non- rofit co oration. TNJERA MICHELS NOrARY~.MlNNESOTA tit~~_31.2005 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this /;) j day of (~'--' , 2001, by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager, fespectively, ofthe City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. J) . ;:J I t.LlttA_-c ~Q)~ Notary Public VALERIE J. NOTARY PUBLIC-MINNESOTA THIS INSTRUMENT DRAFTED BY: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 3 CERTIFICATION OF APPROVAL PETITION FOR PUBLIC IMPROVEMENT AND ASSESSMENT AGREEMENT The undersigned, the Secretary of Hidden Park Condominium Owners Association (the "Association"), having reviewed the records ofthe Association, hereby certifies as follows: 1. That the Association and the Association's Board of Directors have approved that certain Petition for Public Improvement and Assessment Agreement for City Project No. 692 (the "Project"), as more fully described in a certain Memorandum from Bonestroo, Rosen, Anderlik & Associates, the engineers for the City, dated March 1,2001, all in the forms made available to the Board of Directors. 2. That the Project was approved by in excess of 67 percent of the total votes in the Association, in a manner consistent with the requirements of the Association's goveming documents and the applicable statute. 3. That the Board of Directors and officers of the Association have been duly authorized to take whatever further actions are necessary to complete the Petition for Public Improvement and Assessment in accordance with the agreement governing such matters. Dated AoetL- A; ~/ HIDDEN PARK CONDOMINIUM OWNERS ASSOCIATION e TAlERAMJCHELS NOfARrAaC.IINlESOTA ) s s. ., My ConI/III."" ElqIlres .Ian. 31. 2005 ) COUNTY OF#~H ) ,:) ~L _ SllbS.C~~~d sworn to before me this /f!l day of ~..e It.- , 2f'd1, by ~ ~O'c:::::- , the Secretary of Hidden Park Condominium Owners Association, Inc., on bebalf of said entity. ~ . STATE OF MINNESOTA) MPL5 177985-1 April 10, 2001/02:40/smn GORDON L. JENSEN' C. ALDEN PEARSONT NICOLE M. RlTLANDT STEVEN A. SONDRALL WILLlA.\cl C. STR.".JTT STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD -ReJ..! Propeny Law Speci:1.list C:::nined By Tne ~tinnesOL:1 Stale B;lr .-\ssociation +Qualified ADR S::::.mal JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFA..X (763) 493-5193 e-mail law@jensen-sondrall.com May 10,2001 David Eide, Esq. Felhaber, Larson, Fenlon & Vogt 4200 First Bank Place 601 Second Avenue South Minneapolis, M'N' 55402-4302 Re: Hidden Park Condominium Association Special Assessment Agreement Our File No. 99.11255 Dear David: In follow up to my May 9th voice message, please find enclosed an Addendum to Hidden Park Condominium Petition for Public Improvement and Assessment Agreement for signatures by your client. It appears we didn't amend Paragraph 5 of the agreement, since it indicates the first installment for the special assessment will be due and payable for real estate ta.xes for 2001. The enclosed Addendum changes that provision to indicate the first installment of special assessment will be payable with real estate ta.xes for 2002. I would appreciate your assistance in getting this Addendum signed and returned to me by the Association. Please contact me if you have any questions or comments about the Addendum. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDR.".LL. P.A. 5as;u)iensen~5Gnd.rall.com After Hours Extension # 147 Enclosures cc: Daryl SulanderlFinance Director, City of New Hope (w/enc.) Dan Donahue/City Manager, City of New Hope (w/enc.) /Cirk McDonald/Community Development Director, City of New Hope (w/enc.) .}Valerie Leone/City Clerk, City of New Hope (w/enc.) C:-'li99.11255..oQ.l.Eide Ltr.,vpd GORDON L JENSEN* STEVEN A. SONDRALL WrLLIAM C. STRAlTt STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD *Real Property Law Specialist Certified By The Minnesota State Bar Association tQualified ADR Neutral JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFA,X (763) 493-5193 e-mail Iaw@jensen-sondraIl.com December 18, 2001 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Hidden Park Condominium Association Assessment Agreement Our File No.: 99.11255 Dear Val: Please find enclosed for the City file the following documents regarding the Hidden Park Assessment Agreement: 1. Hidden Park Condominium Petition for Public Improvement and Assessment Agreement; 2. Addendum to Hidden Park Condominium Petition for Public Improvement and Assessment Agreement; and 3. Common Elements Cert!fzcate o.f Title. Please contact me if you have any questions or comments regarding these documents. Very truly yours, ~ Steven A. Sondrall, City Attomey, City of New Hope JENSEN & SONDRALL, P.A. sas:aj ensen-sondra I] .com After Hours Extension #147 Enclosures cc: Kirk McDonald (w/enc.) 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"*' FA '- ~;~ N COMMON ELEMENTS CERTIFICATE OF TITLE Date of Certificate - Sep. 10, 2001 Owner - The owners of Units in Apartment Ownership No. 138, Hidden Park Condominiums DESCRIPTION The common areas in Apartment Ownership No. 138, Hidden Park Condominiums, a condominium located in the County of Hennepin. !cOMMON ELEMENT cr~ ~ w /! be? 2 /Vz~fcc( (; AFFIDAVIT OF MAILING NOTICE TO HIDDEN PARK CONDOMINIUM PROPERTY OWNERS IMPROVEMENT PROJECT NO. 692 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE ) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On October 26, 2001, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, copies of the attached notice regarding the public hearing. The notices were mailed first class with postage thereon fully prepaid (mailing list attached). There is a delivery service by United States mail between the place of mailing and the places so addressed. "' j . /- /'C/ "\.". ,;::',,/ .-L'!" .,.. ~ ,,'- /1 Ii ,:/ t t<../L-Gc t ,/iff I '--"(.. City Clerk r .J,,::J /' /J .J' JIl 1.11 . .,/Y./1/}/JJ/C{./ L. ~{4>'-r/tr,(Y(/l -Subscribed and sworn to before me C;/' this 26th day of October, 2001. LINDA C. SWEASY NOTARY PU8UC..M1Nf\jESOTf\ My Commiss1on Explres Jan. 3'1, 2UU5 NOTICE OF HEARING ON ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 692 TO: YOUR ASSESSMENT: INTEREST RA TEITERM: TIME AND PLACE GENERAL NATURE OF IMPROVEMENTS: ASSESSMENT ROLL OPEN TO INSPECTION: AREA PROPOSED TO BE ASSESSED: PROPERTY OWNER OF HIDDEN PARK CONDOMINIUM $1,114.48 7% Over 1 0 Years Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope. Minnesota. on Tuesdav the 13th dav of Novemberh 2001, at 7 o'clock p.m. to consider the proposed assessments for 60! Street extension improvements, Improvement No. 692 heretofore ordered by the City Council. The general nature of the improvement is as set forth in the April 18, 2001, Hidden Park Condominium Petition for Public Improvement and Assessment Agreement. The owner has agreed to pay for costs associated with installing the storm sewer, reconstructing the parking lot, and reconstructing the driveway from the property to West Broadway. The City will pay project costs associated with construction of the watermain. The proposed assessment roll is on file with the City Clerk and open to public inspection. The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: PID No. 05-118-21-21-0041 05-118-21-21-0042 05-118-21-21-0043 05-118-21-21-0044 05-118-21-21-0045 05-118-21-21-0046 05-118-21-21-0047 05-118-21-21-0048 05-118-21-21-0049 05-118-21-21-0050 05-118-21-21-0051 05-118-21-21-0052 05-118-21-21-0053 Addresses 6051 West Broadway, #101 6051 West Broadway, #102 6051 West Broadway, #103 6051 West Broadway, #104 6051 West Broadway, #105 6051 West Broadway, #201 6051 West Broadway, #202 6051 West Broadway, #203 6051 West Broadway, #204 6051 West Broadway, #205 6051 West Broadway, #206 6051 West Broadway, #301 6051 West Broadway, #302 05-118-21-21-0054 05-118-21-21-0055 05-118-21-21-0056 05-118-21-21-0057 05-118-21-21-0058 05-118-21-21-0059 05-118-21-21-0060 05-118-21-21-0061 05-118-21-21-0062 05-118-21-21-0063 05-118-21-21-0064 05-118-21-21-0065 05-118-21-21-0066 05-118-21-21-0067 05-118-21-21-0068 05-118-21-21-0069 05-118-21-21-0070 05-118-21-21-0071 05-118-21-21-0072 05-118-21-21-0073 05-118-21-21-0074 05-118-21-21-0075 05-118-21-21-0076 05-118-21-21-0077 05-118-21-21-0078 05-118-21-21-0079 05-118-21-21-0080 05-118-21-21-0081 05-118-21-21-0082 05-118-21-21-0083 05-118-21-21-0084 05-118-21-21-0085 05-118-21-21-0086 05-118-21-21-0087 05-118-21-21-0088 05-118-21-21-0089 05-118-21-21-0090 05-118-21-21-0091 05-118-21-21-0092 05-118-21-21-0093 05-118-21-21-0094 05-118-21-21-0095 05-118-21-21-0096 05-118-21-21-0097 05-118-21-21-0098 05-118-21-21-0099 05-118-21-21-0100 05-118-21-21-0101 05-118-21-21-0102 05-118-21-21-0103 05-118-21-21-0104 05-118-21-21-0105 05-118-21-21-0106 05-118-21-21-0107 05-118-21-21-0108 6051 West Broadway, #303 6051 West Broadway, #304 6051 West Broadway, #305 6051 West Broadway, #306 6015 West Broadway, #102 6015 West Broadway, #103 6015 West Broadway, #104 6015 West Broadway, #105 6015 West Broadway, #106 6015 West Broadway, #201 6015 West Broadway, #202 6015 West Broadway, #203 6015 West Broadway, #204 6015 West Broadway, #205 6015 West Broadway, #206 6015 West Broadway, #301 6015 West Broadway, #302 6015 West Broadway, #303 6015 West Broadway, #304 6015 West Broadway, #305 6015 West Broadway, #306 6013 West Broadway, #101 6013 West Broadway, #102 6013 West Broadway, #103 6013 West Broadway, #104 6013 West Broadway, #105 6013 West Broadway, #201 6013 West Broadway, #202 6013 West Broadway, #203 6013 West Broadway, #204 6013 West Broadway, #205 6013 West Broadway, #206 6013 West Broadway, #301 6013 West Broadway, #302 6013 West Broadway, #303 6013 West Broadway, #304 6013 West Broadway, #305 6013 West Broadway, #306 6007 West Broadway, #102 6007 West Broadway, #103 6007 West Broadway, #104 6007 West Broadway, #105 6007 West Broadway, #106 6007 West Broadway, #201 6007 West Broadway, #202 6007 West Broadway, #203 6007 West Broadway, #204 6007 West Broadway, #205 6007 West Broadway, #206 6007 West Broadway, #301 6007 West Broadway, #302 6007 West Broadway, #303 6007 West Broadway, #304 6007 West Broadway, #305 6007 West Broadway, #306 TOTAL AMOUNT OF PROPOSED ASSESSMENT: RIGHT OF APPEAL: LIMITATION ON APPEAL: DEFERMENT OF ASSESSMENTS: SPECIFIC AMOUNT TO BE ASSESSED: INTEREST RATE ASSESSMENT INSTALLMENTS: PAYMENT OPTIONS THIS YEAR: The total amount of proposed assessment is $75,784.75. Pursuant to the April 18, 2001, Hidden Park Condominium Petition for Public Improvement and Assessment Agreement, the owners of property to be assessed have waived their right to appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081. Owners may appeal to district court pursuant to Minnesota Statutes, Section 429.081 any arbitrary, unreasonable or capricious actions of the City in connection with this project by making an objection at the hearing and by serving notice of the objection upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within 10 days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of the assessment based on the waiver of appeal set out in the referenced Assessment Agreement. Objections to the regularity of these proceedings not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object is due to a reasonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code 1.60 et. aI., a copy of which is available upon request at the office of the City Clerk. The amount to be specifically assessed against your particular lot, piece, or parcel of land is stated on the first page of this notice. If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7%. Unless you choose to prepay your assessment, the assessment will be certified to your real estate taxes commencing with taxes payable in 2002. The assessment will be spread in equal annual installments over 10 years bearing interest at 7%. The first installment will include interest on the total assessment from November 1, 2001, through December 31,2002, or 14 months' interest. 1) FULL PAYMENT - You may prepay the entire assessment to the Finance Director or Assessment Clerk of the City prior to December 13, 2001, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2) PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. PAYMENT IN SUCCEEDING YEARS: I :\PROJ ECT -P H N\AHN-692.doc Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. In subsequent years, the principal balance remaining may be paid to the Finance Director or Assessment Clerk at any time prior to November 14 of any year. Dated: October 26,2001 BY ORDER OF THE CITY COUNCIL ~ _p /vLLi- Valerie Leone, City g u O'J <0 N N <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 'f. 'f. 'f. 'f. 'f. <0 'f. 'f. 'f. 'f. 'f. ~ 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. !: ~ 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 'f. 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'" N ~ 01 ... :;l: r- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -l 03 r- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (') ;:s::: > C '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" C co co <!) co co co co co co co co co co co co co co co co co co co co co co co <!) co co co co :::j OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ 0 Z Q .:< g, z '" :: :I: o "t:l '" o o ::s ::!l Co '" a 2t ~ o N 01 N o ~ '1) tll co '" N COUNCIL - (~ml * HO - REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section 4-23-01 Development & Planninq Item No. 8.3 Community Development By D / CONTRACT FOR THE CONSTRUCTION OF 60TH STREET EXTENSION By: Kirk McDonald RESOLUTION AWARDING (IMPROVEMENT NO. 692) REQUESTED ACTION Staff recommends that the City Council approve the attached Resolution Awarding Contract for the Construction of 60th Street Extension (Improvement No. 692). POLICY/PAST PRACTICE In the past, the City has completed projects involving public and private improvements if there is an assessment agreement in place with property owners agreeing to pay the cost of the private improvements. BACKGROUND At the February 12 Council meeting, the City Council approved plans and specifications for this project and authorized staff to seek bids. Bids were opened and are outlined in the attached bid tabulation prepared by the City Engineer. The low bidder on the project was Don Zappa & Son Excavating with a base bid of $81,720.55. This compares favorably to the City Engineer's estimate of $88,000.00. The bid for the alternate parking lot construction is $19,603.10. This information was presented to the City Council at the March 12 Council meeting and the Council tabled action on awarding the bid until the April 9 Council meeting, pending consideration and approval of the costs by the Hidden Park Condo Homeowners Association. The information was forwarded to the Association for consideration at its April 4 Association meeting, and the Association has approved the project and executed the necessary petition and Assessment Agreement. At the April 9 meeting, the Council tabled the contract award, per the recommendation of the City Attorney, to be certain all documents were submitted to the City prior to awarding the contract. The Association has determined to proceed with the project and the City Attorney has prepared the attached resolution, which awards the contract to the low bidder, Don Zappa & Sons Excavating, in the amount of $81,720.55. As the Council is aware, the Association will be responsible for private driveway/drainage and street light costs and the City will be responsible for the loop water main improvements. These costs are outlined in the attached correspondence from the City Engineer. MOTION BY \,---1(/': I l'/{1 Jv {, / l)'/LA}.-U / tZdtJ13{ I) 1'/) v /)l./)/- 11 I I. _? SECOND BY A'1U)1}l ( /~'f~fl.ijl) TO: Request for Action Page 2 4-23-01 FUNDING The project will be funded through an Assessment Agreement with the Condo Association and the loop water main improvements will be funded out of the Water Fund. ATTACHMENTS . Resolution . City Attorney Correspondence . City Engineer Correspondence . Bid Tab . Location Map . Plans & Specs . Previous Correspondence RESOLUTION NO 01- 71 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF 60th STREET EXTENSION IMPROVEMENT NO. 692 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of a watermain, storm sewer, and driveway at Hidden Park Condominium, Improvement No. 692, were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 11:00 o'clock a.m. on the 28th day of February 2001, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope-Golden Valley Sun-Post, the official newspaper of the City, on the 7th day of February 2001, and in the Construction Bulletin on the 2nd and 9th days of February 2001. 3. It is hereby found and determined by this Council that the bid of Don Zappa & Son Excavating for the construction of said project in the amount of $81,720.55 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik and Associates, engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 4. The Mayor and tvlanager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 23rd day of April 2001. ~~ /l 7I_=-~.f W. Peter Enck, Mayor Attest: i'f:.1HI1 :t:!Jrl L V alerie Leone :--City "'Clerk GORDON L JENSEN" C. ALDEN PEARSONt NICOLE M. RITL.AJ'iDt STEVEN A. SONDRALL WILL!.AJ\l C. STRAITT STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD *Real Propeny La\V Specialist Cenified By The Minnesota State Bar Association tQualified ADR Neutral JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDI:\'BROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFA.'X (763) 493-5193 e-mail law@jensen-sondrall.com April 10, 2001 Kirk McDonald Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Hidden Park Condo Assessment Agreement Our File No.: 99.11255 Dear Kirk: I am enclosing in this letter revised resolutions and a revised Petition for Public Improvement and Assessment Agreement for the Hidden Park Condo Project. These documents are for consideration at the April 23, 2001 Council Meeting. As we discussed, I did speak with the attorney for the condo association. They are aware they need to return to us a signed Petition and Agreement prior to the meeting so said document can be approved at the April 23 meeting. I also spoke with the City Engineer regarding approval of the contract to Zappa Construction. I was informed there is no problem with the delay to the April 23 meeting and, in fact, the delay will not have any impact on the construction schedule. Please contact me if you have any questions or comments regarding the enclosed resolutions or the Petition and Assessment Agreement. Very truly yours, ~ Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas(wi ensen-sondrall.com After Hours Extension # 147 Enclosures cc: Valerie Leone (w/enc.) CNH99.11255-002-Kirk Ltr.wpd .11. Bonestroo I.jI Rosene .. - Anderfik & 1\11 Associates Engineers & Architects lS.n AIt.,rn.auvt" ACUOn f,QU.,JJ OQI)orl..,nlt) Ander'.. .nd AJJOc..~tes. Inc. 80MsrroO. .0'....... EIftl'I""'" and EfftP...,..... O_Me! PE G'""", II Coo. ": . 8 nesrrQO PE . M."vln 1. s.orv~Ic1. . ""n''PalS: 0..0 0 0 J..rr A Bou'Clon "E _ RODer! G SCr'\LJnIC'nt. ~E . Y ,. Art l!'rhk p.: . Rlcn.t4rd: lLJrne-' 0 t . C 1'.nU' Roo.." IV Ros..n... PE . JOS"OI'\ I.. 0 Senior onJ.u.._ . s.uS'-" M Eo!'rtIn. C P^ pc . ROOe'rt rr "'etrt'r1l!' P: . t CI PE . Il,,'ll'\ A GO'Clon . ,,_ Assotl-lttt ",",.".U:: MOW".,d A S.-n or " . . ROOf'rt C Ruut!'l.. A I A . M~tI A H~ns~'" . : . R cn~rd W F-oste" PE . P,lvJd 0 LoscOta P.E ,., P AnOl!'rsoJ"'t PE . Mtltl: Q ReHs Pt . I T R rl"t"l,.,nl"'l p= . Ted K r.u~ld PE . kt'nnt!'t M R r:'" M S '" . AU(lM RIC I. Sel'''''''''',,::: %): MICn....' au - ~ l' 1V"ltamSOn Pf. 1..$ . Agn... ' .,. Dav,o A. Bon..s"oO M.B'" I~Y \I. ort.c..s: ~r Paul. ~l C'OUCl Roc""Sl..r .llnCllVlllmar MIoI. Muw..U..... \lA!'cs.te: wwwoonesrroo.corr. Memorandum To: Kirk McDonald cc: Guy Johnson Steve Sondrall Mark Hanson From: Vince Vander Top Hidden Park Condominiums/6003 West Broadway Water MainIPrivate Driveway Improvements Project No. 692 Our File No. 34-00-121 Subject: Date: March 1. 200 I The low bid compares favorably with the previous Engineer's estimate. Construction costs based on the low bid are as follows: Construction Item Construction Engineer's Cost Estimate Private Driveway/Drainage $62.061.75 $61.191.00 Street Light () I 2.550.00 2.550.00 Water Main 19.658.80 23.967.00 Total (11 $84.270.55 $87.708.00 (J) Cost to be determined by Excel Energy (2) Base Bid received from Don Zappa & Son Excavating of $81.720.55 does not include the street light In addition to the base bid. an alternate was bid to completely reconstruct the south parking lol. This could be done efficiently with the other improvements. The cost would be the responsibility of the Condo Association if the alternate is approved. Construction Item Total Construction Cost $19.603.10 84.270.55 $103.873.65 Engineer's Estimate $16.980.00 87.708.00 $104,688.00 Alt #1 -Reconstruct Parking Lot Base Project 2335 West Highway 36 II St. Paul, MN 55113. 651-636.4600 II Fax: 651-636-1311 Indirect costs such as Legal. Engineering. and Administrat~on are added to the construction costs. Past assessment projects have included 25% of the construct!on costs. ConstrUction Item Construction lndirect T Dtall Assessed Cost Cost Cost Private DrivewaylDrainage $62.061.75 $15.538.25 Sn.600.00 Street Light 2.550.00 2..550.00 Water Main 19.658.80 $4.941.20 $24.600.00 Subtotal $84.270.55 $20,479.45 $104.750.00 Alt #1 -Reconstruct Parking Lot $19.603.10 $4.896.90 $24..500.00 Total $103.873.65 $25.376.35 $129250.00 The water main improvements are proposed to be financed by New Hope's Water Fund while the private drainage/driveway improvements, street light, and alternate # 1 are proposed lO be the responsibility of Hidden Park Condominiums (68 units). The estimated cost per unit is as follows: $1, 1 78.68/unit without Alternate # I ($80.150/68 units) $1.538.97/unit with Alternate # I ($104,650/68 units) It .is recommended that the City make every effort to verify the street light cost with E~cel Energy pnor to approval by the Condo Association. Tom Schuster is working on this verification. End of memo February 28, 2001 "A,,,,m.ilUW'f! ACtiOn. t.ou..' OppOrlloJnHJ AnGerlUl .-net ASSoClate-s. tnc. IS · llonestroO. ROS.,.,e. r ....el 1_'0"'" 0_" , EmplOye PE . GIP"" R ,oo~ p... . C; Bonl!strOo P.! . Mary,n 1,.. ~on'~lc. . ""nClpt1:'S: OttO E . J~r' A. Bourcon.".E RoOtrt Ci Scnut'ucnt. P. Y "E Rlenara r 1urne-' P: . C ..,anu....Rooeort \II Rc:n~. P.E . Josec'" CAnoe-rill.. ... Senior onSII. . 's'uSJI" M EOe!'run CPA A r_orOon PE . Rocerr t Pte-tfeorlt' PE . MO i/Jtel" ~totd I'E . Krlrn ... p' ASSOCl,1ft!!' ,..,.nClpllU: IN. . R t C RUSU!!'1l A I A . Marl A ....~nSOI"'! t. Rlcn~rd \V FOSter PE . DaVia 0 L.os.a:otc.. P.E . . OO~r P An~rson PE . Mafl Q Rolt J, PE . M.C"..~I T R..utm..,," PE . Teel (;:,elel PE . Kt'f"rw;.r< I. $ . Agn~s M RIng M S.... . All"" R,c< $cnm,c' P, D;lv.el A. sonesrroo MeA . rwonev P W"II..mson. .... . others: $t Pi/JuJ. $t CIOUel. ROCMSI~r .nelW,lIm.r Mill . MllWi/JU.e~ \l{' ~.ttsn:e: wwW..bonesrroo.com ~ 11' Bonestroo .I!.JJ Rosene ii Anderlik & '\J 1 Associates Engineers & Architects Honorable Mayor and City Council City of New Hope 4401 Xylon Ave N New Hope, MN 55428-4898 Re: 6003 W. Broadway DrainagelWater MainlPrivate Driye Improvements Client Project No. 668 File No. 34-00-12 I Honorable Mayor and City Council: Bids were opened for the project stated above on February 28,2001, at. 11:0~ AM. Transn:ined herewith are .lQ copies of the bid tabulation for your information and file. CopIes w1l1 also be dlstnbuted to each bidder. There were a total of 8 bids. The following summarizes the results of the low 5 bids received. Contractor I Base Bid Amount Alternate Bid Amount Low Don Zappa & Son Excavaum! I $81. 720.55 $19,603.10 #2 North Vallev, Inc. $85,832.35 $15.614.00 #3 Forest Lake Contractimr. Inc. $93.115.00 $18,245.00 #4 Hardrives, Inc. $93,275.75 $17,565.05 #5 Northwest Asohalt, Inc. I $94,408.20 $16.039.65 The low bidder on the project was Don Zappa & Son Excavating with a base bid of$81,nO.s5. This compares to the Engineer's estimate of $88,000.00. These bids have been reviewed and found to be in order. Don Zappa & Son is a reputable contractor and capable of completing the project. They are confident in their bid and look forward to starting construction in May. Therefore, we recommend that tile project be awarded to Don Zappa & Son Excavating with a base bid of 581,720.55. Should you have any questions, please feel free to contact me. My direct dial phone number is (65 I) 604- 4790 Yours very truly, BONESTROO, ROSENE, A."IDERLIK & ASSOCIATES, INe. ~~~ Vincent T. VanderTop, r.E. 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N 8 CD g 0 Ul - - - "" Ul CD 0 CIl 0 - ~ 8 N "- AVE <,. g 4>- U) . ~ II.) N CIl ~ (]'l CIl Cl <D UI -l CIl :J: ~ ~ Cil ~ ...., . N ~ . rrJ 0 Z . g ~ ~ - "" Cil ~ CIl 0) Cl 0 . - - g ...., N .,. 8 ~ 0) '" ~ Ul 0) Cl 0 - N Ul ~ ex ~ "" - 111.11'.111.111.111.111.1111 I 0'> r 0 0 -l 3: :J: CD )> KENTUCKY AVE N :::0 01 ~ -< rrJ ): Z Z rrJ III JERSEY I j f1 j Bonestroo IJI Rosene ii Anderfik & , \11 Associates Engineers & Architects Rosene And!rlik I1nd Associates. Inc. IS an AffirmatIve AcUonrEquc.l Oppor" -1ty Bonesrroo. . Employer and Employee Owned _ I Otto r:.. BortestrOo P.: . M.:uvtn L. Servali.. P.E . Glenn R COOk P: . PrrnCJpa s: \,,1. . Rooen G Scnunlcnc. P.E . Jerry A. SourClon. P.E _ n C Anaerlllc P E . Rlcnara E Turner, Pe . Senior Consultants: Rooen W Ro'ene. P.E. . Josep . Sus~n M. EoerJln. C.P A ... E K hAG rClon P" . Rooe'r R Pfette"e p" . Associate PrinCipalS: HOWitraoA sanford,~ .. Ro~';rt C R~ssek.' A.~ A . Mi'~1t A Hanson. P.E . Rlcnard W Fosrer. P.E . OavlCI Lo,.e.ta.. K nnern P AnClerson P.E . M",. R Rolfs. PE . Mlcnae' T. Raurmann. P.E . Ted K.Fleld. P.E.. e P.E L S . Aone; ,~ Ring. M B A . AI/an RiCk ScnmlO: PE Oavld A. Bone'rroo. M.B.A . Slcrney P. Williamson. .... _ Offices: S1 Paul. Sr Cloud. Rocne'ter and wlumar. MN . MilwaUkee. W' \llebsite: www.bonesrroo.com Memorandum To: Kirk McDonald cc: Steve Sondrall From: Vince Vander Top Subject: Hidden Park Condominiums/6oo3 West Broadway Water MainlPrivate Driveway Improvements Project No. 692 Our File No. 34-00-121 Date: February 5, 2001 Plans and specifications for the proposed project improvements were developed last fall. Bids were received from contractors and considered by the Condo Association and the City Council. A contract was not awarded and rebidding the project is now considered. The proposed improvements still include: B Private driveway improvements including curb and gutter B Drainage improvements along the private drive B City water main improvements and connections Project plans and specifications have been prepared and are ready to be rebid. Minor revisions from last fall including Hennepin County traffic control requirements have been incorporated. The cost estimate has also been revised to account for the minor revisions and material price adjustments. The project plans and cost estimate are attached. The cost estimate is summarized as follows: Private Driveway/Drainage Street Light Water Main Total $76.500 2.550 30,000 $109,050 The water main improvements are proposed to be financed by New Hope's Water Fund while the private drainage/driveway improvements and street light are proposed to be the responsibility of Hidden Park Condominiums (68 units). The estimated cost per unit is $1,162.50 ($79,050/68 units). An alternate to rebuild the south parking lot is also included in the bid package. The estimated cost for this alternate is an additional $21,225 or $312/unit. Attachments 2335 West Highway 36. St. Paul, MN 551l3. 651-636-4600. Fi'lx: 651-636-131l <0 .... E ~ ~ Ii ,: ~ i -2- ~ ~ ~ '~l ~H ..... .L:)JI'OlW J..IQ J.DNS :nw. ~ JIWO 3J.Y~_ 1I3.L'nO/_ 03SL\3~ - NOISHJOO mws 4109 V10S3NNlVi '3dOH M3N I III 1~ ~ in I ~nhn ';""'.""ci ~ ~~ ~ ~~ . . . ~: : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ....... o ....... ~ :f!~~: ~,,~ ,~~ ~~g~~i~ ~i~~~o~ .III_.Y ll\l , ~II".-puy ~ eu"OIl B OOII'euoa 'v, ........_~~ .,~ , .------- - --.......,. - - == ~./~ - :a -=-..:u=.~,=:-:-: - .....--...----.. -.-..,....... . ~ -..... - .... .. .. ..... .-., N en <.0 d z .... o ~ ~ o WOO w~>~ c<(ecw <(:20::i zecww -wt-> <(1-<(0 ec<(>ec O~-a.. :>g:~ o w en 1i:i(5 Wa: g:, Cf.)z j!:~ Oz <O~ W ; w a... o I ~ W Z LL o ~ u I I I I I J S ; ! 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I H.j.:"1 ~.':'" t-rj ~..'.:...'..;..~..:.'..'.-.I ::'.., : ......' .. .:....,. ',::'::::::: ~... ',: : ....H:... : ! nu..; . i . I ....:..:.;.._.....1 I .._... i 17"'1 l' . ...:-.!"--:-:----. , , , ':':y-+:"; ~I}l! ,91 :::.::.: ~=lJ )) ""1,&1-'-" I !!!--i j , ~rt,,::* ~. .1",::::.. !i;!Ciil;;St ~!l(- WI"!;!""""",,,,,i""l"'''' Iril'!I!11 mmm0HT~mm iiI ,..il ="""_=.1",,",,,,,,,, i!!li!li'U ni H -17-'1__-" lil!i~1 ---, i.e.':l I I I I I i - , , I i I - -. .._- I i." ,... I:.: I::: I;:: I::. ........ ......... .... :11: .1 .:::L:: ...!:... ...: 000 ~ N - C) C) <<I I ..! .UI............I g ~ ~. <<I CI C) ~ ::) Q L.IJ ::I: U en 0:: L.IJ ~ en ::::i 0:: o Ii; IS I a ~ iP' ;; l& It; :l!' ~~~ i~t a:a ! ~:- ~i ~;; -r ~!l :~; .~- ;-; :h :~~ , e::=--> December 21. 2000 Kirk McDonald City of New Hope 4401 Xylon Avenue New Hope, MN 55428 RE: 60th Street Road Repair Addition of 4 units Dear Kirk. 'This letter is in response to our conversation a few weeks ago regarding the 60lh Street Road replacement project. As mentioned, we received over 73% homeowner appoval, but uofonunately did not re:cive all ballots until after the 21- deadline. We are confident that we l\ill succeed in are-vote. We would like to vote on April 4, 200 1 at our Annual Meeting. Is it possible for the City to solicit early bids and have everything in order by March 9, 2001? We must mail our Annual Meeting packages to the owners between 21-30 days in advance. Please let me know if this is poSSIble. Also, I would like you to get the ball rolling on obtaining permission from the City so that we may sell two or three of our vacant units at Hidden Parle Four units were left vacant when the apamnents were converted to condominiums because of parking restrictions. Codes have changed and we feel we have adequate parking to accommodate 2-3 more units. Our hope is to remodel the units. then sell them to someone wishing to live in our community. Thank you for everything you have done for us K.irlc! We really appreciate all your efforts. I look forward to hearing your response. I hope you have a Happy Holiday Season!!! ~~IY, {/~ Tamera Michels, Manager Hidden Park Condominiums Owners Association 4401 Xylon Avenue North New Hope. Mmnesota 55428-4898 www.ci.new-hope.mn.us City Hall: 763-531-5100 Poltce: 763-531-5170 Public Works: 763-533-4823 TOO: 763-531-5109 CIty Hall Fax: i63-531.5:3: Police Fax: i63-537-5::-- PubliC Works Fax: 763-533.765, December 27, 2000 Ms. Tamera Michels, Manager Hidden Park Condominium Owners Association P.O. Box 312 Hamel, MN 55340 Subject: Hidden Condos Drainage and Driveway Improvements Dear Tamera: Thank you for your correspondence of December 21. I will address the drainage and driveway improvements in this letter. I have discussed your zoning issue with Doug Sandstad, New Hope Building Official, and he will reply to your inquiry with a separate letter. I discussed the Hidden Park Condo drainage and driveway improvements with both the City Attorney and City Engineer today. We agreed that we will plan on following the schedule outlined below to try and get this project back on track for the spring of 2001: February 12 Put project back on City Council agenda and again request Council to approve plans and specifications and authorize staff to seek bids. February 13 - 28 Solicit bids from contractors. February 28 Open bids. March 5 Present bid information to Hidden Park Condos. March 12 Present bid information to City Council; table action on bids to April 9 Council meeting. April 4 Homeowners Association vote. April 9 Take bids back to Council. If Homeowners Association votes in favor of project, City Council approves assessment agreement and awards contract to lowest responsible bidder. May 1 If Homeowners Association votes against project, reject all bids. If project proceeds, start construction around the first part of May. Family Styled City ~ For Family Uving Ms. Tamera Michels Page ~ _ December 27, 2000 This schedule should allow adequate time for you to get the correct information into your packets for mailing on March 9 for the April 4 annual meeting. Please Jet me know if this schedule is not agreeable with you, otherwise this is the general timeline the City will follow. I hope that you are successful with a re-vote. The City will be in contact with you throughout the process to keep you informed of the City Council's actions on this project. Please contact me at 763-531-5119 if you have any questions. I hope that we can get this project accomplished in 2001. Sincerely, Kirk McDonald Director of Community Development Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Guy Johnson, Director of Public Works Daryl Sulander, Director of Finance Doug Sandstad, Building Official Valerie Leone, City Clerk (Improvement Project No. 692) \, \ \ \ \ GORDON L JENSEN* C. ALDEN PEARSONT NICOLE M. RlTLANDT STEVEN A. SONDRALL WILLIA.lvl C. STRAlTT STACY A. WOODS OF COlJ'NSEL LORENS Q. BRYNESTAD '"Real Property Law Specialist Certified By The ~linne5ota State Bar Association +Qualified ADR Neutral JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFA.X (763) 493-5193 e-mail law@jensen-sondrall.com April 26, 2001 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 60th Street Extension Improvement Project No. 692 Our File No.: 99.11255 Dear Val: Please find enclosed four (4) contracts with Don Zappa & Son Excavating, Inc. for City Improvement Project No. 692. These contracts relate to the 60th Street extension project we have agreed to do as an assessment project with the Hidden Park Condominium Association. Also enclosed are the bonds and Certificates ofInsurance. Please have the Mayor and City Manager sign the documents and return copies of the contracts to the appropriate parties. The documents are correctly executed from a legal standpoint. Please contact me if you have any questions or comments concerning this matter. V e~.. i iy yours, \rr < \t/........ o::::::::r Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas0Jiensen-sondrall.com After Hours Extension 11147 Enclosures cc: Kirk McDonald Ken Doresky CNH99.11255-001-Val Ltr.wpd CERTIFICATE OF LIABILITY INSURANC~~pl~l I DA~E~~7~~J;;;1 THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COOFERS NO RIGHTS UPON THE CERllFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, :;XTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I I' ACORD,. PllODUCiHl IMinnea~OliS!St. Paul/Ccx-OlsQn 2469 Universicy Avenue St. Paul MN 55114 Phone: 651-647-9665 Fax: 651-647-1744 iNSURERS AFFORDING COVERAGE INSURE) \ I I '--- DON ZAPPA & SO~ EXc.;:V.;'TING INC ok"'"!) DON ZAPPA & TONJ:: ZAP!?.lI. 1801 P~~!SSON ROAD ~~ BLAIN~ MN 55449 INSURER A: WEST BEND MUTUAL INSURER e: INSURER c: INSURER 0: INSURF-R 5: J -1 I I --I COVERAGES I i TliE PCL;C'ES OF INSUR"NCE LISTED 851.0\11 hA',E B!;EN ISSUED 7C THE INSUReD NAMeD ABjVE FOR THE POLICY FERIOD INDICA TED. Now;rr~STANOING '1 ANY REQUIRE.MS., iERM OR COWliTlG/< OP ANY CONT~CT OR OTHER DOCUMENT WlTil RESI'ECTTO WHICH TrilS CERnFtCArc MAY BE ISS1;eD OR MAY PERTAIN, THE I:>SUAANCE AFFCF<lJED SY T..;E POUCiES DES:::RiSJ::O HEREIN IS SUBJECT TO Al..L. THE TERMS, EXC.U510NS MiD COND'TION,S OF S1,;C~ I POLICIES. AGGREG"-TE UMITS SHOWN MAY HAilE BEEN REOUCED BY PAID CU.'MS. ('~f: W?E OF INSURANCE ?OLICYNtiMBER I b~~kC~iKf.~~~~Y~ ?6'A~<f(~rb~~r~1 L1M7S ~'ER"'l. LlASILIT( . ' CACH OCCURRE.NCE ! s :. , 00 C , 0 C 0 .?-. ! X j COWAERCIALGENERAL LiABILT/ EC~ 0188309 09 04/01/01 04/01) 02 , FIRE DAM."ZE{A'y ,ndire) i $ 100 COO ni CLAi\\SMADE ~ OCCUR ,!\'ECEXP!Anyenapersonl i $ 5 000 ! j , PERSONAL & ADV IflJURY 51: 000 ,000 i : GENERAL AGGREGATE i $ 2,000, aGO !GEN'L AGGREGA'fE ..11.111' APPLIES PRCOl;CTS . COM PI'? A::C $ 2 , 000 . 000 r-- . :---t ' I , :OLlCY j~gr" LOC I I iSl,OOO,OOO i AUTOMOEILE LIABILITY A ~ AN'I AU70 i X 1 ALL oW:-.Jao AUTOS I::-~ I x ! SCHEDULED AUTOS : X i HIRED AUT::lS i X ~ NCtl-e..'\f'I1'lEC AU70S . I i---1 EeN 018830S 09 04/01/01 I COMBIN"O SIN;)!.E LIMiT 04./01/02 , (e"CCI~.nll 6001L Y INJURY (Pltr persr.mj is I ~ GAAA., GE LI"9ILiT( I ' AllY AUTO n I L I . BODILY INJURY i (peraccl::Jenl) I i PROPERTY DAMAGE \ (PIT &CCid9n1) $ . $ : AliTO O"L ,. . EA ACCIOiON, ' $ I OTHER ,HAtl i AUTO ONi.Y: E'::ACC, i !;)(CESS UABI~IT{ ! :..A.CH OCCJ KRENCE .r", ~ OCCUR CLAIMS ~;ADE CPN 0275411 03 04/01/01 04/01/02 AGGREGATE I :~ DEDUCl1BLE : RETENTION V,"O~1\ERS COM?E~SA nON ANO EMPLOYERS' LI:,9IUTY I --1 OTHER I CERTIFICATE HOLDER 10 DAY ~OTICE FOR NONP.l\TI1ENT J I I i DESCHIP110ti ::If OPF.RAll0NSILOCATlON$NE"ICLESIEXCL~SIONS ADDED BY ENDORSEMENTISPECIi\L PROVISIO~ FAX #753-531-~.s/.s~ : N ! Ai:.cr'10Nt..L I~~SURED; INSURER LETiER: I 1 I ACORD 25-5 (7i97) NEmiOPE CANCELLATION SHOULD ANV OF THE ABOV: DesCRIBED POLICIES BE ';i\:<,;eLLED BSFORE T~; E)(PIRA!lO~ DATE. THeReOF. TrE: 155Uh'l(lINSJ.~~.~ Vil~L ~'tttIlAIL .~ Cft.V6 WI<I'IT"H I NonCE TO THE ~ei'lTlFICATS HOLDE" N..MSD TO i'H5 LEFT, i!ll..TA:Ait~~1!~ " i~~~~~Us:r~.e;~{I..~I<!~ro:,~~~~~>il'! RG~oc;;; . '" ::::' 'I -./ I CITY OF h~W HOPE ATTN KIRK MCDONALD 4401 ~1LON AVE N NEW HO:?E HN 55428 ?OAA TiON 1988 Z'd ~89:80 10 9Z ~d8 FROM: CITY OF NEW HOPE FROM; D0N ZAPP~ 2. SUN I=X\".HVHI ~I~ !I'l.... F~A"'N,Q...:,.: . 7M33~2JJ.L_ i=lPR ~ 'fa", i2~~1PM BItAC,LLe bi2 !:>'::Il '(4\oJ4 Minnesota wor1<<tl'llP QompeM&tlon Msigned Ri.tc Pa.n S'l:laOdaf'd WontG\'&' OO",~M~tlon a,"Id emplOYeI'!' I.iabalty POli~y Col\tract Aamlr\lstrotor BerkleY Risk AdmInbltr3tol'!l Company, LLC P.O. 60x SSl143 M~neapQlh', Mfnnc,ota G&4Ii9-014a Phl)ne (612) rewooo ;ERTIFlCATE QE iNSURANCE 04-26-01 02:51P P.02 "rac ....~~~.UA 1. The IntlJrer1: Don 1.tPf't fa ~~; II'lC \lo.,~~ME Bliitt., MN 5Ma1 pelley Number. WC.2i..o4-1121 %6.00 AssaciatlOfl Fie Numger. OlIl'l1M~ Tal( l~ ""11323815 UIO if;: 13$~ Pc~ioy Peliod: Frtlr.'!l 3120CG1 'l'o:~02 Date of Maillng: 0G12tl01 The Cartificaie is laaued ts 8 mattlr of itlformatiCn only Inci corrl!rs no right! upon tne Oe~ Holdsr. ThiPi Cel'tlflcatri r:1ot:! not amend, extend 01' ~ th~ oov&1'3ge affQroGd by the Pol[ey liMed below. This i'$ W (:Qrt:Ify that the ~QIiC)' eti lr.SUlilnOl deat;ribed h@/'Sln has been ~ued to the Insursi named sbeve for 1tli polic;y pertod i~. No1wiI'I8tandlng any requirement, tlmn Of eonditiOl'l af any contr.!~ or otl'\er document with zW~ \'0 wt1ioh this ~rtiflcate may W ll;ued or rnl)' p;rtau..... l:l'Ie lr.8uranoe afforded ~ the Policy delOTibed hel1!!ln is Illbjeet to atl ~ ~""'&, exckmlons and conr,iitlcns 01 SlJOh Pollq. ~,~L:~'....".:...:;. " :.... . '. ....~:. J" ,'_.~ ',: ~.'~:~~~~_.:'~~~L~~L~';i,~~.~~;=G.=~~Z;~~~]~~~~ Part Ol'Mt Wolbm' Compttl'lSlltiofl ~ Part twl:l e:'l\pl~~' I.iability BodilV Injury by ~ftftt Bodily IDiury by Olteaee BodIly ~JL\ry by D~ $500.000 ~(l/\ l!lCClCient. $&00,000 polley Imlt. $800.000 e8.C1'l8~plo~. snOU!(J trle abolJ9 PolICy be OinoelAd btfOfe the ~xpil1iltion c1ate ttlereor. the CQm~ny vli~ .ndovor to I"f'IiiII $0 daym wmtel'1 ftetiee f;Q ~9 bAltlW named Certif.eat&Holder, but failure to mail such notice $n'lH impan no obllgafuln or liability of ef1Y kind upon the Oom!Jl'ny, CartitiOlltf H~8 Nam. an>! ~t&S&\ CltJ Of NtNr H~ At.tn; KIrk McOormld ~1 ZJloft.venue NoM N", rto~ MN eMU Agtney NGme and Ad~S Date 11l~1tQ; .4I2Sf2001 U~IQ"'.o -~~-- eA3140 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 www.ci.new-hope.mn.us City Hall: 763-531-5100 Police: 763-531-5170 Public Works, 763-533-4823 TOO: 763-531-5109 City Hall Fax,' 763-531-5136 Police Fax: 763-531-5174 Public Works Fax: 763-533-7650 May 10, 2001 Don Zappa & Son Excavating, Inc. 1801 Radisson Road NE Blaine, MN 55449 SUBJECT: 60TH STREET EXTENSION (IMPROVEMENT PROJECT NO.692) Enclosed is a fully executed contract document for New Hope Project 692. This contract was awarded by the New Hope City Council on April 23, 2001, for $81 ,720.55. Enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Sincerely, Y~nu- Valerie Leone City Clerk, CMC enc. cc: Mark Hanson, City Engineer Steve Sondrall, City Attorney (File No. 99.11255) Tom Schuster, Contract Manager Ken Doresky, Community Development Specialist Family Styled City ~ For Family Living ~ \ ecifications 60th STREET EXTENTION (REVISED) DRAINAGE, W ATERMAINAND IMPROVEMENTS City of New Minnesota City Project NOe 692 NOe 34=00=121 February, 2001 Bonestroo Rosene Anderlik & Associates Engineers & Architects 60th STREET EXTENSION DRAINAGE, WATER MAIN AND PRIVATE DRIVE IMPROVEMENTS CITY PROJECT NO. 692 FILE NO. 34-00-121 NEW HOPE, MINNESOTA 2001 Index Advertisement for Bids Information to Bidders Proposal Special Provisions 01010. Summary of Work 01030. Alternates 01040. Coordination 01310. Proj ect Meetings 01330. Submittals 01400. Quality Control 01500. Temporary Facilities and Controls 02225. Removals 02230. Site Clearing 02280. Adjust Miscellaneous Structures 02312. Subgrade Preparation 02315. Excavation and Fill 02320. Trench Excavation and Backfill 02510. Water Main 02515 . Water Services 02630. Storm Drainage 02720. Aggregate Base Course 02740. Plant Mixed Bituminous Pavements 02760. Pavement Markings and Signage 02770. Concrete Curb and Gutter 02775. Concrete Paving 02920. Lawns and Grasses Hennepin County Pennit #28776 Conditions of the Contract I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws ofthe State of Minnesota. ~r~~ Vincent T. Vander Top, P.E. Date: February 2.2001 Reg. No. 25770 34-00-121 @ 2001 Bonestroo, Rosene, i\nderlik & Associates, Inc. INDEX ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of New Hope, Minnesota at the City Hall, at 4401 Xylon Avenue, until 11:00 AM., C.S.T., on Wednesday, February 28,2001, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: 60th Street Extension. City Project No. 692 1,600 SY 140 TN 140 TN 620 TN 860 LF 420 LF 520 LF Remove Bituminous Pavement Bituminous Base Course Paving Bituminous Wear Course Paving Aggregate Base (Salvaged and New) B612 Curb and Gutter Storm Sewer and Drain Pipe Water Main Miscellaneous site improvements including grading, restoration, storm sewer stmctures, and fencing. Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope, Minnesota, and at the office of Bon est roo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN 55113, (651) 636-4600. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5%) ofthe anlount ofthe bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of forty-five (45) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy ofthe plans and specifications and proposal forms may obtain them from the office of Bon est roo, Rosene, Anderlik & Associates, Inc., upon payment of a non-refundable fee of $35.00. See "Information to Bidders" for plan/specification fee policy. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests ofthe City. Daniel Donahue, City Manager City of New Hope, Minnesota 34~OO-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. ADVERTISEMENT FORBIDS INFORt\.1ATION TO BIDDERS 1. BID PROPOSAL: Each planholder has been furnished a specification, plan set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated "BID COPY". The Proposal containing the bid shall be submitted in a sealed envelope. ReqJlests for Plans and Specifications should clearly s~ate the name of the project being bid. 2. BRA PL4.N AND SPECIFICATION POLICY: 1) Plans and specifications shall only be available on a nonDrefundable, per pian basis, with all contractors and vendors being charged the same. Planholders may obtain more than one set of plans and specifications for the stipulated amount, however, an are non~refundable. 2) The amount for the bid package will be stated in the Advertisement fOIr Bids. 3. INDNIDUAL DRAWINGS AND SPECIFICATION SHEETS: Individual drawings and specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty-five cents ($0.25) per sheet of specifications fOT which no refund will be made. 4. BID TABULATION: Planholders submitting a bid will be mailed a Bid Tabulation. Plal!ltholders not submitting a bid may purchase at copy of the Bid Tabulation for Five DoUa:rs ($5.00). El\r:D OF SECTION l:\bradocs\generaJ\lnforrnation to Bidders-99 4/98 J~J Bonestroo ~ Rosene 'fill Anderlik & . ~. Associates Engineers & Architects Bidder: (//</ ..2hJ/'7 j?l 1 5'0,<./ ,G.xCA-t/ft/IPC; J-cTotal Base Bid: g/ 720, s;- Address: /L(50 I /? ./) /J/ 7:; c?""'-- /? f). -v.~_ Tele hone No. /03- /'q& - 2 ?c:;- /3L-~/'1./C /Y} -</' j<:;-Ljl./q Fax No. 70 i - 7"jC - 2};! J PROPOSAL 60th STREET EXTENSION DRAINAGE AND W A TER1\1AIN PRlY A TE DRIVE IMPROVElViENTS CITY PROJECT NO. 692 BRA FILE NO. 34-00-121 NEW HOPE, MTh'N"ESOTA 2001 Opening Time: 11 :00 AM, C.S.T. Opening Date: Wednesday, February 28,2001 Honorable City Council City of New Hope 4401 Xylon Ave N New Hope, MN, 55428-4898 Dear Council Members: The undersigned, being familiar with your local conditions, having made the field inspection and investigations deemed necessary, having studied the drawings and specifications for the work including Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment, and all else necessary to completely construct the project in accordance with the dra\vings and specifications on file with you and Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St Paul, Minnesota 55113, as follows: No. Item Units Qty Unit Price Total Price Part 1 - Street Work and Restoration Remove bituminous pavement SY 1,050 S :2,00 s 2. /00, 00 , / Lj, ,- LF 540 S ']0 $ -1 '-/ lV', '?'C C7"/ EA 2 $ 9cJo,vc $ / 'C? 00, Cl (/ / EA 2 $ YO?', CO S gO'c7...Cc? EA $ L;Oc1. t7 c7 s 4ec. t?c/ 2 Remove Concrete curb 3 Remove hydrant 4 Remove gate valve and box 5 Remove curb stop and box 3400121PRO pol ; " ::J Ul 0 rn g ~ ~ ~ ~ ~ ;B ::::l I - .- i5 :E c: Z ~ ?( t;i rr. fi: I ~ ;:l ~ f?i ~ 2 g ~ ~ ~ ~ is ~ ~ 12 ~ ~ ~ ,.. m n v. ~ C ili I J, I I I I I I I ~~~~g ,.." Q 0 m ~ ~ ~ _ -< m ~ ~ 0 ~ ~ ~ g ~ ~ c z ili m c I ~ 1 ::: 'j' ~ 0 0 I ~ I j" ~ ~ I ~ J.. B T I I C/) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ ::::l ~ < = ~ ~ ~ 5 ~ ~ ~ ~ ~: ~ ~ ~ ~ v. ~ ~ E ~ ~ f;; !:l~ % ~~g::; =i ~ :;;! ::::l :=J ::: C3 ~ ~ f;; :r c f;; ... - '" ~ '" () ~ o " z m ~ I o "lJ m m q men z~ ~:c Zoo 153 :Dm mm <-I 00 m o S:U "1J:JJ~O :D<)>:o 0)>-1)> <--fm_ mm:nz S:O~)> m:::D)>C) z--m --I<z CJ)m o ~ lJ :JJ o c... m ~ z P 0> <.0 i\) I\:l o 52 o ~ o :s o i> G ~~~~8~~ riim~rZ~'1J C/lro~80~ o~~zrZ:Il eo:rmc;t>m :Ilorz!HOt5 f:~~m~ fOA r:I: lIl'C/l 'fii -<.~ ; P ~"l7" ~!'=':"' ~~ ~ t~ ~ ~ :: '- ~! 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JQ4 Bcnestioo ? ~~d~~fik U ~ Associates E.~...ir,D"'~ & Md-~l..e!o No. 692 PROJECT NEW HOPE, MINNESOTA 60th STREET EXTENSIONS - REVISED REMOVALS DRAINAGE/PRIVATE DRIVE IMPROVEMENTS CflY g~~ ~~~ ilb~ "':0 ~V>'" 6~~ p,::;c; ~;: ~~ ~o ",5 5" >0 0." ~~ :<;:. > i'ii I l ::0 k-:""" ~\, -=.w~ v> ~l -~-~- Z ~ 9 ~ \ /~..~ ..:;:~: ~ \~\, ;>\.../_/~ ~Tg q d">/ '...---- // ~-- "bY _. __, /. o.v/.'. _ / :--::::~::/ / \_- L-r I '- I ~ iI ~~I I, I i! ! \,~ i;; ~:~ >~~ €5;:~ ~:SlJ:j ::3z "''' 6P1 2:::z. ~3 -<- .~ o <:: 1; ~ ~ /- (' ,/ :::::>::j:::;OClCiZ ~~~~~~~~ ~~3~~~G~ ~~~~~~*5 a;gQbc;':~~~ ~~;~~ggg ~~gg~~~~ ~F~~;:CP"o ~~~~~:<~~ ~2g~~~~~ ...~z ~""::::J"'l g?i;~@~g~~ ~~~6V.~~~ fiil""1 Q . :I 110 h~ --J ~ -z", ";i~t! I ~~~~rc~~U'(~'t~lcs~I"-"l'o'Sl' f.i.jr,ln..Sonestroo AA':Jrno.rIJJJ~t''':'-'I'F~~.'~~ tl!'.Q;'!l. ~liosene 1.~1'Htl.J$S0f'";~S-.A1'tC"~..... . ~Ander!jk U ~~ ~~? =: lJ\,J\i AssocIates Cl':!" :_:~_C~ ;m:::, ~~ ::.<:::: ="i:<!:>..r. & o~~~:::.I<ttP'..l:;l;~H:.ZXlO ::;:ow. -- I .J NEW HOPE, MINNESOTA 60th STREET EXTENSION - REVISED DRAINAGE/WATER MAlI~/PRIVATE DRIVE IMPROVEMENTS WATER MAJN IMPROVEMEt-liS CITY PROJECT No. 692 g OJ Cll OJ Cll Cll VJ ~ (Jl en o 0 0 :0 0-<<= ~~~ ::::::Zt::: ~"'" ilI-<&; U'l$P" -<<no> !5;9i ~~e E~ ~3 0- >0 o~ ~~ > i\i C1-U::t! ~~~ >"<= ~~~ ~=c: ~~~ O>L~ ~~c: ~Z ",," 5r*i >z 00 "'" >... -<::::: .~ c " ~ ~ Iii (f) d ;0 s::: (f) rrl ::E rrl ;0 (f) () :J: rrl o C r rrl in' 1 Inl '!l ~lt:::I:::Cliit.' Z:il ~ifll~ f!f ~ 5 01_ 01_10 ,.., 2 .;J.le,Nlelo ~ ffl ~\~]Ei~l~ ~ ~ ~'~I~I~I~ CD ~ <1<; Cl n Q m Z ;; ,;:O(i) ~i~i~I~I~ ~ 2 o!oi:-j:"'j~ ~ 3:: "'1"""'1"'1"'''' g ~I~ ~ g; (;; ~ gHsl~ ~!~ ~ . "'1'",1"':"'1" g g ::i~lg ~ i ~I i II' ~O t:.ITH2~ IC ;0 .i~ ~ :0 ~ ,~ (f) i~ ~~~ >'" r-Ul::;;:! z~f.i g~Q z " r'O :<~ Zz ",<n ~~: Q =< . "l-<-~z ... ~Ui ~~S ~~~ ~"' 'h'._.. Cll ."" o ~f "' ~ o Cll N o .7:2.1. . ~ g ~ Gc~c;c (' J ~ J' , . I z i I l :ri ~ -. .. .... :71: Gi: g :? c o '" <5 NEW HOPE, MINNESOTA 60th STREET EXTENSIONS REVISED ORAlNAGE/WATER MAlN/PRWATE ORWE IMPROVEMENTS ORAlNAGE/PRWATE DRIVE IMPROVEMENTS CITY PROJECT No. 692 .; ~ g g 5' g -z 1~c:::::mTr'r.v.TTIGF'.AIi.~-Cll~Ciil~"'SUf!\o::r VS~""~!l'!'~O'!l.~~tF~s.~~ -"iO nl.lT I nJ." D'~'..Y ~ ~~ OQ.1!R ~'S ~~~S"~~ =:: ~<~ :~::-::l I:!':_ 1<0_ :S11t ~ O~~N~I!:~-':'tc.:::oo ::::ML 1- 8 .J[lA Bonestroo E:13 ~~d~~~k & 'l\N Associates ;,-,;~...r. &. Are.'J.."b j~ r !OJ i !m No. Item Units Qty Unit Price Total Price ..., - -::> .-- 6 Remove chain link fence LF 100 $ J,. 70 S :) 50, Vcy L-' ~ .--- 7 Remove concrete driveway pavement SY 30 S 1,5'c/ S I J 5:> - 00 8 Sawing Concrete Pavement LF 26 $ 5: (J C' s / 3 c', V c;:' 9 Sawing Bituminous Pavement LF 600 $ 2,.~c/ $ / :) 00, C c) " 4,- -- ~ ;;bcY,vo 10 Clear and Grub LS $ ? Oc7. CO' $ Lf, - .2.1 0 ? v, C7 0 11 Common excavation (BY) CY 440 $ 75 $ 12 Aggregate base, Class 5 /-:J ~ {; 1 qg j-; c/c7 TN 510 $ J,? 0 $ , 13 4" concrete driveway pavement SF 270 $ ,1, /;- s t6>d, .50 14 B612 concrete curb and gutter LF 515 $ ;2c/ S 17/ 73'6/00 , --? -- / '73" 25 15 Bituminous material for tack coat GAL 55 $ /,./7 S 16 Bituminous base course, Type 31B TN 145 S L;Lj, C/c;' S &/ ] qCJ , L"O .--- j/ g / C:;, t:/Cl 17 Bituminous wear course, Type 41 (2000) TN 115 S 70, (; 0 S 18 Seeding AC 0.4 $ Lf. L/ e'e'. tV C7 S I, 7&C? Co , .-- .--- :2 2. OC. 00 19 Sodding, lawn type SY 400 $ 5, so S / .--- I 3 S~-J, C7 c? 20 Topsoil borrow (LV) CY 90 S /6,C7d S / ( 95-0. C/ (/ S /. /' 21 Traffic control LS S 9' j 0', c'o / , LJ9" J'Io" "77 - Total Part 1 - Street Work and Restoration S Part 2 - Watermain 22 6" DIP water main, Class 52 LF 537 S / &,. '-Iv S q/ fjo6, qo , 23 Hydrant EA 3 $ 1000, C'c7 S Lj/ g Cl::7 ,C 0 / 24 6" gate valve and box, in place EA 5 $ G J7-: C/O s 51 / "7;;: C/ c/ --; ....- 25 Ductile iron fittings LB 395 $ :;J,.c}e S // /8'5 ,?'O' , 3400121PRO P-2 No. Item Units Qty Unit Price Total Price ,.-. 26 Connect to existing 6" water main EA 2 S So (70, v'c S //OC7C7~ t?c/ -,--- 7c?~Oc 27 1" corporation stop EA 2 S /7"c?O S 28 1" curb stop and box EA 2 S Y5 S-: C; t7 $ /70/ v'c 9 / ~C;' ~ 29 I" Type "K" copper water service LF 16 S $ IscZ,Oc 30 Connect to existing water service EA S .7 u"O, 00 $ 300/ OC Total Part 2 - Watermain S /c/ (;5"8/ 7Jc/ / Part 3 - Storm Sewer 31 12" RCP culvert LF 48 $ :<2, Co s I. 0::6" 0(/' , 32 12" RCP flared end section EA 2 S 700.00 s / / L..j Cc;J, t:-) c/ , 33 12" RCP storm sewer LF 50 S 0<:'702. 00 s ;;/OC,oo r- "7 -- 34 12" PVC storm sewer,SDR 26 LF 199 $ /5,00 s 0<. 9g~, c/o / 35 4' diameter storm sewer MH EA S I. C' cy/. Oc S ;; {; OC1, C?C-/ / 36 Construct MH over existing pipe EA S ~. ((; C'c', C/c S /. (; OC'. c7C/ " 37 4' diameter storm CBMH EA 2 S I, 390, Oc $ :2,/ 773"0/ C7 V' , 38 2' x 3' catch basin EA S 1200/ C/<.'7 $ 12C'o~cc / / ," Total Part 3 - Storm Sewer S /3, 7~/,Ot7 , Alternate No.1 - Reconstruct Parking Lot 2/ /" ~ L-j 1.2. / ./' 39 Remove bituminous pavement SY 565 S Sd S 7 c:) . 40 Remove Concrete curb LF 205 $ if, 5' c $ 9 ;2;( / 5(:;; 41 Common excavation (EV) - offsite CY 200 $ ~, :;-0 $ // 700', co / 42 Aggregate base, Class 5 TN 275 S /Lf, c; 6 $ 7. 1/ L/, oc / 3400121PRO P-3 No. Item Units Qty Unit Price Total Price 43 B612 concrete curb and gutter LF 205 $ /0/ 0 C' s ~/OJO, c/c' 44 Bituminous base course, Type 31B TN 70 s &7--: 73 s Y;G 0/, /0 45 Bituminous wear course, Type 41 (2000) TN 55 S .7~" Cc S 3/ 993,C1CI ..-- 46 4" solid line, white paint LF 280 S 1150 s '-I;20,OC7 II -- 39c, Pc 47 4" solid line, yellow paint LF 260 $ 7 c/ $ Total Alternate No. 1 - Reconstruct Parking Lot S / 9/ c:,CJ 31 /c/ , Total Part 1 - Street Work and Restoration s Lf fJ/ J L-/O, 7 j s /91 c; 5- ff , 'f? 0 s I JI 7;2(". UC S q;/ 7;2 c /7~ j--- I Total Part 2 - Watermain Total Part 3 - Storm Sewer Total Base Bid Total Alternate No.1 - Reconstruct Parking Lot S 19/ &;03, /c;7 , 340012lPRO P-4 The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefor, in the manner prescribed in the specifications. However, the low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefor. Accompanying this bid is a bidder's bond, certified che~k, or cash deposit in the amount of S 7/ 0 g-c;, c J , which is at least five percent (5%) of the amount of my/our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me/us. In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and information therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdra\vn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond on the three lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted, PC//''/ ..z~)'?,4 't 50".-- E/c. J--c . Name A Corporation An Individual) (A Partnership) ~,/2 r-- Signer / / t//'CL /?/Z C 5' Title /J /.// # c; -./ ( /YJ. -2ft//~ Printed Name of Signer 3400121PRO P-5 SPECIAL PROVISIONS 1. SPECIFICATION REFERENCE: Where the Minnesota Department of Transportation specifications are refened to herein and where a reference to the word "State" is mentioned, it is understood that the word "Owner" is substituted. All reference to the word "Engineer" shall be interpreted as the Engineer for the City of New Hope. Minnesota Department of Transportation Specifications for Construction, 1988 Edition and revisions thereto shall apply except as noted herein. 2. SITE RESTORATION: All areas disturbed by the construction of this work shall be restored to a better or equal state compared to the condition of the site which existed prior to construction. The Contractor shall salvage or replace all topsoil that is disturbed or lost. All disturbed turf areas shall be seeded. No direct compensation shall be made for salvaging or replacing topsoil. The Contractor shall be compensated for seeding adjacent to the new parking lot, concrete curb and gutter, and storrn sewer. 3. TRA.PFIC C01\TTROL ON COUNTY ROAD 8 (WEST BROADWAY): A permit has been obtained from Hennepin County for the construction of the storm sewer and water main within County ROW. A copy of the permit is included in the specifications. The contractor shall meet all requirements of this permit. a. One lane of traffic must be maintained on West Broadway at all times. b. A lane closure plan with signage, traffic channelization, trench protection, and flaggers must be approved by the City. c. The traffic control plan must conform to the standards and requirements of the Temporary Traffic Control Zone Layouts Field Manual January 1998. d. Portable concrete barriers shall be used along the entire length of the excavation. The lump sum Bid Item provided for traffic control shall include all traffic control required for the project. Multiple traffic control operations will be required for the installation of the storm sewer and water main. 4. WEST BROADWAY BITUMJNOUS PATCHING: The roadway section shall match the existing section. Bituminous quantities for patching work are included in Bid Items No. 16 and No. 17. ENTI OF SECTION 34-00-121 @ 2001 Bonestroo. Rosene, Anderlik & Associates, Inc. SPECIAL PROVISIONS SECTION 01010 SUMMARY OF WORK PART 1- GENERAL 1.01 PROJECT DESCRIPTION A. Contractor shall supply all labor, materials, transportation, apparatus, equipment and services required to provide the general constmction for all items described in the plans and specifications. B. The project is located in the area of 6003 West Broadway in New Hope, Minnesota. This proj ect will install water ma~n and improve drainage by regrading and installing storm sewer for the 60th Street Extension immediately west of "Vest Broadway. C. Requirements of sections in Division 0 and Division 1 extend and apply to all work and material supplied by contractor, subcontractors, material suppliers and shall be included as a part of each section of this specification. 1.02 DIVISION OF CONTRACT A. The General Contractor shall be the prime coordinator of the work and their schedule and progress shall govern the work of other contractors and subcontractors. The General Contractor shall notify their Subcontractors and other Contractors within a reasonable time of phases or items of the work requiring the incorporation of their work. The Subcontractors and other Contractors shall, after such notification and within a reasonable time, proceed with the furnishing, installation, laying out or incorporation of their work so as not to delay or impede the General Contractor or job progress. 1.03 "VORK l]Nl)ER SEPARATE CONTRACTS A. The Owner retains the option of issuing separate contracts for other work in connection with the project. 1.04 OWNER A. The City of New Hope is designated as the Owner. 1.05 ENGINEER A. Bonestroo, Rosene, Anderlik & Associates, Inc., IS designated as the Engineer/Architect. B. Contact Person: Vince Vander Top, Phone No. 651-604-4790 Pager No. 612-510-3681 Cellular No. 612-805-8255 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 01010-1 SUMMARY OF WORK 1.06 LAYOUT A. The General Contractor shall lay out all work. This layout shall be for the use of all trades. Each Subcontractor shall then layout their own work and be responsible for any damages to their work or that of others occasioned by their errors or failure to check properly and verify all measurements. B. Subcontractors for all phases of the work are responsible for layout of their work, and they shall base their layout on the work lines established by the General Contractor. 1.07 EXAMINATION OF THE SITE A. It is required and expected that each Contractor, before submitting a proposal for work required under this specification, shall visit the site, make a thorough examination of existing conditions, take all necessary measurements, and thoroughly familiarize himself with all existing conditions and all of the limitations pertaining to the work herein contemplated. B. No additional compensation will be allowed because of the Contractor's misunderstanding as to the amount of work involved or their lack of knowledge of any of the conditions pertaining to the work based on their failure to make examination of the site. C. The submission of a proposal shall be considered assurance that the Contractor has visited the site and made a thorough examination of conditions and limitations. 1.08 EXAt\1INATION OF THE DOCUMENTS A. Extent of specifications and drawings defining work to be perfonned under this project are listed in the Table of Contents and List of Drawings, respectively, and any addenda subsequently issued amending those sections. It is the bidder's sole responsibility to verify that they have received all sheets of drawings and specifications. No claim for additional compensation \-vill be allowed due to lack of complete information at time of bid. B. It is expected that in the event that any ofthese specifications are not clear or if there are any discrepancies, these will be brought to the attention of the Engineer prior to submission of bids and a decision in writing "vill be rendered as soon as possible. C. The Divisions 2 through 16 primarily apply to the various trade divisions, but Contractor and all Subcontractors shall be bound to the information and requirements of the complete set of specifications. Mention or indication of extent of work under any work Division or Specification Section is done only for the convenience of Contractor and shall not be construed as describing all work required under that Division or Section, nor establishing any trade or jurisdictional requirements. 34"()0-J21 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 01010-2 SUMMARY OF WORK 1.09 CONTRACT PERIOD A Award Date: The Hidden Park Condo Association must approve this project. The bids will be presented to the Association March 5, 2001. The Association will vote on the project April 4, 2001. The City Council will consider bids at the April 9, 2001 Council meeting. The Contract could be awarded at the meeting. The Contractor should assume an early start date of April 30, 2001 if Contracts are signed. B. Sequencing and Scheduling: The Contractor shall not commence work until the Owner has issued a ''Notice to Proceed". This notice shall be issued when execution of the contract documents has been completed. The Contractor can assunle that they will have copies ofthe contract documents within three days after the contract award. The Contractor shall have no more than five working days to complete their processing of the contract documents. The City Attorney's Office review of the contract documents shall take no more than two days, C. Completion Dates: 1. All work including restoration shall be completed by July 27,2001. 1.10 LIQUIDATED DA1\1AGES A If completion dates are not met, liquidated damages, as specified in the Supplementary Conditions, shall be as follows. Refer also to Sections 3 and 11.4 of the "Conditions of the Contract": 1. One Hundred Dollars ($100.00) per calendar day for each completion date missed. 2. Liquidated damages will remain in effect for each completion date until the work under the respective phase is completed. 1.11 SEQUENCE OF WORl<}OWNER OCCUPANCY A The general sequence of work shall be at the option of the contractors, except as outlined in Section 01040 and subject to the approval of the Engineer and the Owner. However, work shall be carried on simultaneously at as many points as will, in the judgement of the Engineer and Owner, enable the work to be completed within the prescribed time. 1.12 WORKING HOURS A All work shall be accomplished between the hours of 7:00 AM. and 9:00 P,M. Monday through Friday, and 9:00 AM. to 7:00 P.M. on Saturday. No construction activity will be permitted on Sundays or Holidays unless necessitated by an emergency or authorized in writing by the Owner or its representative. The Contractor must comply with all City ordinances to construct this project. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 01010-3 SUMMARY OF WORK 1.13 COLD \iVEATHER CONSTRUCTION A. Specific items such as concrete and bituminous have temperature constraints for construction. Any heating or protection required for constmction shall be incidental to the project. No additional payment will be made by the Owner. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT Ai'\JD PAYMENT Not Used E1\TD OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates. Inc. 01010-4 SlTMMARY OF WORK SECTION 01030 ALTERNATES PART 1 - GENERAL 1.01 DESCRIPTION A. This section identifies each alternate by number, and describes the basic changes to be incorporated into the work as part of that alternate. Refer also to the tecr..rucal specifications and drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the low bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate 1 - Reconstruct Parking Lot. The base bid includes the removal and patching of bituminous as required to install water main through the parking lot. Alternate #1 provides for the complete reconstruction of the parking lot including the excavation of material, preparation of subgrade, installation of Class 5 and shaping. All material excavated as part of the parking lot construction must be hauled off site. Material generated from common excavation under the base bid can be used as fill on the vacant lot at 6003 West Broadway. 1.03 QUA..NTITY DEVIATIONS A. Certain proposal work items are included in anticipation of the possibility that conditions may be encountered which require this work. The estimates of quantities for these proposal items are based upon general experience in the area. They are included in the work to establish a bid unit price in the event such work is necessary to complete the project. The quantity is not guaranteed and the extent of Work required will be dependent upon prevailing conditions. As such, no unit price adjustment for any magnitude of increased or decreased quantities is allowed. END OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. AL TERr'iA TES SECTION 01040 COORDINATION PART I - GE1\TERAL 1.01 SECTION INCLUDES A. General requirements for overall project coordination. 1.02 RELATED SECTIONS A. General Conditions, Supplemental Conditions, Conditions of the Contract and Division 1 sections apply to the work of this section. 1.03 SUBMITTALS A. List of Subcontractors. B. Construction schedule. 1. 04 GENnR.A.L A. Coordinate work with the Owner's personnel to minimize inten-uptions to the City Hall operation. B. Do not operate valves or equipment without Owner's permission. C. Coordinate all work and Subcontractors to avoid delays in construction progress. 1.05 UTILITIES A. Verify location of all existing utilities prior to construction. B. All known existing utilities are shm;vn on the plan in a general way only and the Owner does not warrant the exact location. It shall be the Contractor's responsibility to verify all existing utilities and to check with utility companies prior to starting work. The Contractor shall also be responsible for taking all necessary precautions to prevent damage to existing utility lin.es. The crossing, relocation, removal, shoring, compaction and other protective procedures necessary to protect the utilities shall be considered incidental to the proj ect. C. All utility construction costs incurred by private Owners (NSP, Minnegasco, US West, Media One) which are the responsibility of the City of New Hope shall be billed directly to the City without mark-up by the Contractor. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 01040-1 COORDINATION 1.06 SEQUENCE A1\iL) SCHEDULING A. The Contractor shall not commence work until the Owner has issued a "Notice to Proceed". This notice shall be issued when execution ofthe contract documents has been completed. The Contractor can assume that they will have copies of the contract documents within three days after the contract award. The Contractor shall have no more than five working days to complete their processing of the contract documents. The City Attomey's Office review of the contract documents shall take no more than two days. The Contractor could assume an early stmi date of April 30, 2001. 1.07 USE OF LAl\TDS A. All work is on Imld o\V11ed by the City of Ne\v Hope or the Hidden Park Condo _Association. The Contractor may utilize the site as necessary to the quick and expedient completion of the work. However, the Contractor shall limit his or her use of the site to the lands necessary to the current construction of his work. Storage on the site shall be kept to a minimum. Da.mage to sites beyond that required for access to the projects shall be restored at the Contractor's expense. 1.08 CONSTRUCTION INSPECTION A. The Contractor is hereby informed that a construction inspector will be made available to the.project. The Construction Inspector will be a liaison between the Engineer and the Contractor. The Construction Inspector will assist the Project Engineer in confirming that the project is completed in accordance with approved plans, specifications and the contract documents. B. The Construction Inspector will generally be present at the project site during significant construction activity and/or installations. The Construction Inspector will be authOlized to inspect each part or all of the work completed and all of the matelials supplied or furnished for the proj ect. C. The Construction Inspector will notifY the project engineer, and docunlent in writing, failmes of work or materials to conform with approved plans and specifications. The Inspector will have the authority to reject unacceptable materials, and will make recommendations to the Project Engineer regarding the rejection of any work determined to be unacceptable. The Engineer or hislher agent shall be allowed access to all parts of the work, and shall be furnished with such information and assistance from the Contractor to make inspections. D. Contractor shall notify Engineer at least 24 homs prior to significant construction activity and/or installations to allow scheduling of construction inspector. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 01040-2 COORDINATION 1.09 STAKING A. The Contractor shall review the survey staking needs of the project with the Engineer at the preconstruction meeting and periodically during the course of the work. The Contractor shall give the Engineer no less t.~an 48 hours advance notice of the need for additional stakes. The Contractor shall be provided with one set of stakes. Any restaking of the work shall be deducted from the amounts due the Contractor. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used E~'D OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, AnderJik & Associates, Inc. 01040-3 COORDINATION SECTION 01310 PROJECT MEETINGS PART 1- GENERAL 1.01 PRECONSTRUCTION MEETING A. A preconstruction meeting \-vill be scheduled within five days after receipt of signed contract documents. B. Attendance by Contractor's authorized representatives and all major subcontractors will be required. The Engineer, Inspector, and Ovmer's Representative will attend. C. The Contractor shall submit a written work schedule at the preconstruction meeting. 1.02 PROGRESS MEETINGS A. Progress meetings may be scheduled by the Engineer. Attendance by the Contractor and key Subcontractors will be required. A minimum 24 hour notice will be given for all meetings. B. Persons designated by the Contractor to attend and participate in the project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the project meetings. C. Subcontractors, material suppliers, and others may be invited to attend project meetings in which their aspects of work are involved. EJ'.,'D OF SECTION 34-00-12 J @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. PROJECT MEETINGS SECTION 01330 SUBMITTALS PART 1- GENERAL 1.01 PROGRESS SCHEDULE A. Prepare and submit an estimated progress schedule for the work prior to the preconstruction meeting. B. Maintain one copy of the progress schedule at the job site. C. During construction revise the progress schedule as necessary to conform to the current status of the work. Submit revised copies of the progress schedule, as required. 1.02 SUBCONTRACTOR LIST A. Prepare and submit a complete list of all subcontractors. Include the subcontractors name, address, telephone number, and contact person. Submit after award of contract and before preconstruction meeting. 1.03 SUBMITTAL LIST A. Prepare and submit a complete and comprehensive schedule of all submittals anticipated to be made during the project. B. Include a list of each item for which contractors drawings, shop drawings, product data, samples, guarantees, or other types of submittals are required. 1.04 SHOP DRA\VINGS AND PRODUCT DATA A. Submit five copies of shop drawings and product data required. Three copies will be retained and two copies will be returned to the Contractor. Submit a reproducible sepia of all drawings larger than II" x 17". B. Shop drawings and product data shall be submitted with the Contractor's stamp of approval. Shop drawings and product data submitted without this stamp will not be reviewed and will be returned to the contractor for their approval and resubmission. C. Shop drawings and product data shall be clearly identified as to project, contractor, manufacturer, specification section and item submitted. Any substitutions or deviations from the requirements ofthe contract documents shall be noted in writing. D. Make all shop drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330-1 SUBMITTALS E. Clearly mark each copy of product data to identify information being submitted and delete infom1ation which does not apply. Supplement standard information as necessary. Show dimensions and other selected characteristics. F. Maintain one copy of approved shop drawings and product data at the site with the record drawings. 1.05 TEST REPORTS A. Submit three copies of all inspections, tests and approvals required in the contract documents. 1.06 PAYMENT A. Payment for all submittals shall be incidental to the cost of the project. El\TD OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderiik & Associates, Inc. 01330-2 SUBMITTALS SECTION 01400 QUALITY CONTROL PART 1 - GENbRAL 1.01 TESTING LABORATORY SERVICES A. Cooperate with the Owner's selected testing laboratory and all others responsible for testing and inspecting the work. B. The Owner will pay for initial testing services. C. When the initial tests indicate noncompliance with the contract documents, all subsequent retesting shall be pelformed by the same testing agency and the costs for retesting shall be paid by the contractor. 1.02 TESTING STA.l~TOARDS A. Tests shall be provided and accomplished in accordance with the standard used as the reference for the particular material or product, unless other test methods or criterion are specified. In the absence of a reference standard, tests shall be accomplished in accordance \vith applicable ASTM Standards of Test Methods. 1.03 QUALIFICATION TESTING A. In addition to tests specified, should the contractor propose a product, material, method of assembly that is of unknown quality to the Engineer, the Engineer may require and order suitable tests to establish a basis for acceptance or rejection. Such tests will be paid for by the Contractor, or by the Subcontractor requesting approval. "Standard" test reports or reports on "similar" material will not be accepted. B. The Owner and Engineer reserve the right to require certification or other proof that the material, assembly, equipment or other product proposed to be fumished for this project is in compliance with any test or standard called for. The certificate shall be signed by a representative of the independent testing laboratory or a responsible official of the firm supplying the product, as acceptable to the Owner and Engineer. The certificate shall be a swam statement and shall be notarized. C. Any tests required to qualify the contractor or any of their workmen for any phase of the work, and any test of a method, system or equipment that may be required by specification or law to qualify the item use, shall be made or taken without cost to the O\vner or Engineer. 34-00-121 @ 2001 Bonestroo, Rosene, Ander1ik & Associates, Inc. 01400-1 QUALITY CONTROL 1.04 INSPECTIONS A. Should specifications, Engineer's instructions, laws, ordinances, or any public authority require any work to be inspected or approved, Contractor shall give timely notice of its readiness for inspection and a reasonable date fixed for such inspection. If any work should be covered up without approval or consent of approving agency, or Engineer, it must be uncovered for examination at Contractor's expense. END OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-2 QUALITY CONTROL SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.01 GENERAL A. No signs or advertisements will be allowed to be displayed on the premises without the approval of the Engineer. B. No temporary facilities are anticipated. C. Temporary Fencing suitable for isolating the site during construction is required. Minimum fence height is four feet. The Contractor will maintain the fence to protect the site. Temporary fencing is incidental to the Total Base bid. 1.02 TEMPORARY FIELD OFFICES A. Temporary field office is not required. END OF SECTION 34-99-121 @ 2001 Bonestroo, Rosene, Ander1ik & Associates, Inc. TEMPORARY FACILITIES AND CONTROLS SECTION 02225 REMOVALS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Removal and Disposal of the Following Items: 1. Pavement. 2. Fencing. 3. Concrete driveway pavement, curb and gutter. 4. Hydrant. 5. Water main valves. 6. Water service. B. Salvaging and Reinstalling of the Following Items: 1. Signs. 1.02 REFERENCES A. Minnesota Department of Transportation, "Standard Specifications for Construction", 1988 Edition and the Supplemental Specification dated May 2, 1994 (MnDOT Spec.): 1. Section 2104 - Removing Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away, eliminate or remove from the project site by any method selected by the Contractor and to dispose of material. B. Salvage: To dismantle, disassemble, or remove carefully and without damage so the item can be re-assembled, replaced or reused in a workable condition equal to that existing before removal. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-1 REMOV ALS 1.05 REGULATORY REQillREMENTS A. MnDOT 21 04.3C is modified as follows: 1. All materials designated for removal shall be disposed of outside the project area at sites to be selected by the Contractor. 2. All materials designated for salvage shall be stockpiled or temporary stored on sites to be provided by the Contractor. 1.06 SCHEDlJLING A. Prior to starting work, submit for revie\v by the Engineer, and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this work. B. Fill holes or depressions resulting :from removal or salvage that occur more than 24 hours prior to utility or street construction. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways or parking lots more than 24 hours in advance of utility or street construction. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 GEN"ERAL A. The Contractor shall be responsible for disposal of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance \vith all laws, regulations, statutes, etc. B. Demolition shall be performed without damage to adjacent retained work. Where such \vork is damaged, the Contractor shall patch, repair, or othenvise restore same to it's original condition, at no expense to the Owner. C. All demolition debris shall be removed :from the area of work as often as necessary, but not less than at least once at the end of each work day. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the work in a careful and orderly manner, with the least possible disturbance to the public and occupants of buildings. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates. Inc. 02225-2 REMOVALS 3.02 .PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of work. All site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mail boxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways, or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than one day. Any hole within ten (10) feet of sidewalks shall be filled, suitably marked or covered immediately. 3.03 DEMOLITION AND REMOVALS A. Sawing Pavement: 1. Concrete pavement shall be sawn along the removal line to a full depth of the thickness of the concrete prior to removal of the pavement. 2. Bituminous pavement shall be sawn along the removal line to a minimum depth of three inches prior to breaking off the pavement. B. Concrete and Bituminous Surfacing, Concrete Curb and Gutter: 1. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below. 2. Sawcut bituminous surfacing to full depth at the limits of partial removal, prior to that removal, unless otherwise approved by the Engineer. 3. Sawcut concrete pavement and concrete base prior to mechanical pavement removal equipment. Remove concrete in such a manner that the remaining pavement is not damaged. 34-00-121 @ 2001 BonestlOo, Rosene, Ander1ik & Associates, Inc. 02225-3 REMOVALS 4. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line, which is parallel with the centerline of the trench. 5. A void disturbance to any material beyond the limits required for new construction. 6. When removing existing curbing and driveways the Contractor shall not disturb any material beyond the limits required to foml for new construction (assumed 12" maximum from the back of new work and 6" beyond the edge of new driveways). C. Fence: 1. Remove chain link fence as sho\vn in the drawings and as directed by the engineer. Removal includes removing and disposal of fence posts and fence post bases. 3.04 SALVAGE A..l\TD REINSTALL A. Signs: 1. Exercise reasonable care against damage to in place signs during storage and installation. 3.05 FIELD QUALITY CONTROL A. Items damaged during removal or salvaging operations shall be replaced with ne\v material of equal type and quality of the damaged item when it \vas new. B. Items reinstalled shall be of the same shape, dimension, location and quality of the original item prior to construction. 3.06 MEASUREMENT MTD PAYMENT A. Bid Items have been provided for removal and salvage items. Measurement will be based upon the units as listed below for items removed complete as specified. No measurement will be made of any removals that are not required nor of any removals that are specifically designated. The actual quantity removed multiplied by the appropriate Unit Prices will be compensation in full for all work and costs of the following items. 1. Remove Bituminous Pavement: Per square yard without regard to thickness. 2. Remove Concrete Curb: Per lineal foot without regard to type. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associaies, Inc. 02225-4 REMOVALS 3. Remove Hydrant: Per each. 4. Remove Gate Valve and Box: Per each. 5. Salvage and Reinstall Signs: Incidental to the Total Base Bid. 6. Remove Curb Stop and Box: Per each. 7. Sawing Bituminous Pavement: Per lineal foot. 8. Remove Concrete Driveway Pavement: Per square yard without regard to thickness. Includes sidewalk and driveway pavement. 9. Remove Chain Lin..K Fence: Per lineal foot. 10. Abandon Water Service: Incidental to the removal of the curb stop and box. 11, Sawing Concrete Pavement: Per lineal foot. EN!) OF SECTION 34..00..121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-5 REMOVALS SECTION 02230 SITE CLEARING PART I-GENERAL 1.01 SECTION INCLlJDES A. Removing and disposing of trees, brush, stumps, roots, windfalls, and other plant life. B. Tree nimminglpruning. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specification for Construction", 1998 Edition. and the Supplement Specifications dated May 2, 1994, (MnDOT Spec.): 1. MnDOT Spec. 2101 - Clearing and Grubbing. 1.03 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches (100 mm) or less at a point 2 feet (600 mm) above the ground surface. B. Clearing: Cutting and removing trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. 1.04 SEQlJENCING AN']) SCHEDULING A. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. B. The drawings do not specifically show all trees to be removed or transplanted. C. Protect specimen trees close to work that are designated to remain, but may be damaged by work. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-1 SITE CLEARING P ART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing work. Clearing limits clearly marked by the Engineer. B. Assume multiple mobilizations for tree removal. C. Clearing and Gmbbing will Include: 1. The removal of all trees on the north side of 60th street extension. This will be required for the installation of the water main. 2. The removal of all other trees indicated on Sheet 4. 3. The removal of all trees in the West Broadway right-of-way including trees south of 60th street extension. 4. Trees on the south side of the 60th street extension \vill only be removed as required for the installation of curb and gutter, stonn sewer, and other items in this project. Tree trimming may also be required to complete the work. 5. Review all removals with the Engineer in the field prior to completing the work. 3.02 CLEARING ANTI GRUBBING A. As directed by the Engineer, trim and paint trees that are to be saved, but interfere with the proposed construction. Perform all clearing and grubbing in accordance with M.nDOT Spec. 2101. B. Clearing Trees: Trim and cut into lengths of 6 to 8 feet (1.8 m to 2.4 m): 1. Including all branches 6 inches (150 mm) in diameter and greater. C. Clearing Bmsh: Cut even \,"ith the ground surface. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-2 SITE CLEARING D. Grubbing: Remove stumps and roots and other remains from all cleared areas. E. All depressions resulting from the grubbing operations shall be backfilled with suitable material a.l1d compacted. 3.03 DISPOSAL A. Dispose of all timber and debris such as stumps, branches, brush, and roots, outside the project area at a site selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agenCIes, or lands under direct control of the Contractor. 3.04 PROTECTION A. Conduct operations so as not to damage sunounding private property. B. Protect trees intended to be saved from injury or defacement during operations: 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe work conditions as incidental to contract. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits prior to any construction activities in order to protect vegetation. 3.05 MEAS1JREMENT AND PAYMENT A. A bid item has been provided for clearing and grubbing. Measurement will be by lump sum. Payment will constitute compensation in full for all removal and disposal costs. B. All other work and costs of this section shall be incidental to the project. E1\'D OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-3 SITE CLEARING SECTION 02280 ADJUST MISCELLAJ\TEOUS STRUCTURES PART 1- GENERAL 1.01 SECTION INCLUDES A. Perform Adjustment of: 1. Manholes. 2. Catch Basins. 3. Gate Valve Boxes. 4. Hydrants. 5. Miscellaneous Structures. 1.02 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Casting. 2. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet, and Strip for Pressure Vessels. 3. C6 - Specification for Nomla1 Finishing Hydrating Lime (Mortar). 4. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar) 5. C150 - Specification for Portland Cement (Concrete Rings/Mortar). 6. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless steel bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-1 ADJUST MISCELLANEOUS STRUCTURES B. State of Minnesota Department of Transportation "Standard Specifications for Construction", 1988 Edition, and the Supplements Specifications dated May 2, 1994 (MnDOT Spec.): 1. Section 3733- Geotexti1es. 1.03 DEFINITIONS A. Manhole/Catch Basin Adjustment: A change in rim elevation accomplished through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. B. Gate Valve Adjustment: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's descriptive literature and product specifications for each product. B. Submit manufacturer's descriptive literature and product specifications for substitute castings requested by the Contractor. 1.05 SEQlTENCING AJ\TD SCHEDULING A. The Contractor, Engineer, and Owner shall inspect all existing manholes, catch basins, and gate valve boxes within the project limits prior to beginning constmction. B. The Owner is responsible for the removal of any foreign material found in the existing structures prior to construction. The Contractor is responsible for removing any foreign material that may enter the stmctures during the construction period. PART 2 - PRODUCTS 2.01 ADJUSTING RING A. Concrete: 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3000 psi. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-2 ADJUST MISCELLANEOUS STRUCTURES 3. Reinforcing: Single hoop 8 gauge steel wire. 4. Thickness: Minimum 2-inch, maximum 4-inch. 2.02 ADHESION MATERIALS A. Ram-Nek material, or equal. B. Mortar: 1. Standard Portland Cement: Type I, ASTM C150. 2. Nomlal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C14l. 4. Mix Proportions: One part cement to three parts mortar sand; Lime may be added to mixture: maximum amount 15% by volume. 2.03 EXTERNAL SEALS A. Approved Manufacturer: Cretex type chimney seal, or equal. 1. Sleeves and Extensions: Minimum thickness 3/16 inches, extruded or molded high grade rubber compound conforming to ASTM C923; 1500 psi tensile strength, maximum 18 percent compression set and hardness. 2. Bands: Used for compressing the sleeve and extension against the manhole: 16-gauge stainless steel conforming to ASTM A240 Type 304, screws, bolts, nuts stainless steel conforming to ASTM F593 and F594, Type 304. 2.04 CASTINGS A. Manhole and Catch Basin Franles and Covers: 1. Requirement: ASTM A48. 2, Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish: Coal tar pitch varnish. 4. Finish Preparation: Sandblast. 34-00-121 ~ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-3 ADJUST MISCELLANEOUS STRUCTURES 5. Machine cover and frame contact surface for non-rocking protection. 6. Type and Style: As shown on drawings. Covers without grate openings stamped with "SAi\1JTARY SE\VER" or "STORM SEvVER" as appropriate. Use 2-inch letters. 2.05 GEOTEXTILE A. General Requirement: MnDOT Spec. 3733 - Type V. PART 3 -EXECUTION 3.01 GE"N'ERAL A. The necessary vertical alignn1ent will be detemlined by the Engineer, and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of plan grade, no adjustment is to be made. C. The concrete or turf shall be either lowered or raised to put the finished grade and frame at the same grade. 3.02 ADJUSTMENT MANHOLE Al\TD CATCH BASIN FRAI\1E A. Remove all dirt, debris, dust, and other deletelious material from surface prior to placement of first adjusting ling. B. Concrete Adjusting Ring: 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps. a. Mortar Thickness: Y. to Yz-inch. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not plaster the inside surface of rings. 5. Wipe clean, all excess mortar from the joints inside all rings and frame. 34-00-121 .@ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-4 ADJUST MISCELLANEOUS STRUCTURES 6. Remove all mortar spills from the structure. 7. Minimum of two, maximum of five adjusting rings allowed. 3.03 INSTALLATION OF EXTERL~AL SEAL SYSTEM A. Cretex Type: 1. Remove all dirt, debris, dust, and other deleterious material from surfaces of structure, rings, and casting prior to installation of seal system. 2. System to be installed per manufacturer recommendation. 3. Complete the installation of rings and casting prior to installation of seal system. 4. Secure top stainless steel band to flange of casting. 5. Secure bottom stainless steel band to exterior of adjusting rings. 3.04 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surfacing below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractors expense. B. The Contractor is responsible for the protection of all existing structures during the course of the work. C. Secure manholes and structures im.rnediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. 3.05 METHOD OF MEASUREMENT AND PAYMENT A. New Manhole and Catch Basin Adiustment: Measurement of adjustment of new manholes and frames will not be made. Adjustment of the casting on new structures is incidental to the bid unit price for furnishing and installing the structure. B. New Gate Valve and Box Riser Adjustment: Measurement of adjustment of new valve box risers will not be made. Adjustment of the riser on new structures is incidental to the bid unit price for furnishing and installing the valve. END OF SECTION 34-00-121 @ 200 I Bonestroo, Rosene. Anderlik & Associates, Inc. 02280-5 ADJUST MISCELLANEOUS STRUCTIJRES SECTION 02312 SUBGRADE PREPARATION PART 1 - GE:N"ERAL 1.01 SECTION INCLUDES A. Final preparation or sub grade preparation, consIstmg of grading, shaping, compacting of sub grade prior to placing a base or surface course. B. Finish grading of trench backfill for restoration and landscaping. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02720 - Aggregate Base Course. C. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction", 1988 Edition, and the Supplemental Specifications dated May 2, 1994, (lVID..DOT Spec). 1. MnDOT Spec. 2105 - Excavation and Embankment. 2. MnDOT Spec. 2111 - Test Rolling. 3. MnDOT Spec. 2112 - Subgrade Preparation. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 GENERAL A. Sub grade preparations shall be performed to produce the required density, grade, and cross-section. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02312-1 SUBGRADE PREP.A.R.J.,. lION 3.02 PREPARATION A. Inspection of Subgrade by test rolling conforming to MnDOT Spec. 2111 or as modified herein: 1. The equipment used for test rolling shall be a Tandom Tmck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1 Y2 inches. 3.03 COJ\:lPACTION A. Conform to Ml1DOT Spec. 2105.3G or as modified herein: 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade, at the location and testing rates designated by the Engineer. 3.04 FThlSH OPERATIONS A. Subgrade tolerance shall conform to the following: 1. Not vary by more than 0.05 feet above or below the prescribed elevation at anyone point "vhere a measurement is made. 3.05 MEASUREMENT AND PAYMENT A. Subgrade Preparation shall be incidental to the placement of the aggregate base and include all work and material to prepare the sub grade pIior to the placement of aggregate. B. Testing Rolling shall be incidental. EI\'D OF SECTION 34-00-121 \92001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02312-2 SUBGRADE PREPARATION SECTION 02315 EXCAVATION AND FILL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Construction of excavations, embankments, and fill materials within the project area. 1.02 RELATED SECTIONS A. Section 02312 - Subgrade Preparation. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction", 1988 Edition and the Supplement Specification dated May 2, 1994, (MnDOT Spec). 1. MnDOT Spec. 2105 Excavation and Embankment. 1.04 SITE CONDITIONS A. Contractors shall make necessary site visits prior to bidding to determine the level of work required to their satisfaction. B. Protect existing roads, fences, trees, utilities and other features from damage from work of this section. C. In the event of damage, immediately make all repairs and replacements necessary subject to the approval of the Engineer and at no additional cost to the Owner. PART 2 - PRODUCTS 2.01 MATERIALS A. Topsoil: Standard topsoil for general use as a turf growing medium, conforming the requirements ofMnDOT Spec. 3877, Type A, Topsoil. 1. Suitable on site material may be used for Standard Topsoil, subject to approval by the Engineer. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-1 EXCA V A TION AND FILL 2. This material shall be used for the following: a. Minimum 4 inch depth topsoil on all areas which are proposed to be seeded. B. Common Excavation: Includes all excavation, embankment, grading, and shaping required to construct the streets, parking lot, and fill areas. PART 3 - EXECUTION 3.01 SITE GRADING A. Site Excavation: Cut, fill and grade site to elevations shown on the plans, with allowances for pavements, Class 5 aggregate, topsoil, and structures. B. Slope grades to insure both temporary and pernlanent drainage. C. Subgrades beneath all pavement areas shall be graded to a tolerance of 0.05 ft. The Contractor shall test roll all pavement areas to verify subgrade stability in the presence of the Engineer. The Contractor shall furnish a loaded dual axle dump truck for the test rolling operation. Unstable areas shall be corrected by replacement with aggregate base. D. Subgrade preparation shall include shaping and compacting existing materials prior to placement of granular bonow or aggregate. The final sub grade shall be approved by the Engineer prior to importing aggregate base or the respreading of salvaged aggregate base. E. Materials excavated from the street construction will be placed on the adjacent empty lot at 6003 \Vest Broadway. The material must be placed, compacted, and finish graded as directed by the Engineer. Salvage existing topsoil prior to filling. 3.02 MEASUREMENT ANTI PAYMENT A A bid item has been provided for Common Excavation. Measurement will be by volume of material in its original position, based on cross sections performed by the Engineer, and computed by the average end area method using the original and final cross sections. B. COlmnon Excavation from the street reconstruction may be deposited on the 6003 site. Approximately 440 cubic yards can be placed on site. However, under alternate no. 1, the common excavation material will be hauled off site by the contractor for disposal. This material cannot be accommodated at 6003 West Broadway. 34-00-121 @ 200J Bonesrroo, Rosene, AnoerJik & Associates, Inc. 02315-2 EXCA VA TION AND FILL C. All material deposited at 6003 West Broadway will be paid at the bid unit price for common excavation under the base bid. All material hauled off site will be paid at the bid unit price for common excavation under Alternate #1. END OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-3 EXCA VA TION AND FILL SECTION 02320 TRENCH EXCAVATION Al\TD BACKFILL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Trenching requirements for underground piping and appurtenances including requirements for excavation, backfill and compaction. 1.02 RELATED SECTIONS A. Section 02630 Storm Drainage. B. Section 02300 - Earthwork. C. Section 02510 - Water Main. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction", (MnDOT). 1. Section 2105 - Excavation and Embankment. 2. Section 2451 - Structure Excavations and Backfills. B. American Society of Testing Materials (ASTM): 1. D2321- Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe. 2. D698 - Standard Moisture Density Relationship of Soil. 1.04 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Foundation: Foundation provided by importing mateIia1 from sources outside the project limits. Required when foundation is soft or unstable. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-1 TRENCH EXCA V A TION AND BACKFILL D. Pipe Zone: That part of the trench below a distance of one foot above the top of the pipe. 1.05 PROJECT CONDITIONS A. Known existing underground utilities are shown on the drawings in a general way. The Owner does not guarantee the locations as shown on the drawings. The Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the drawings. B. Uncover utilities and verify both h0l1zonta1 and vertical aligTI.1l1ents sufficiently in advance of construction to penllit adjustments in the work. C. Contractor to notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. 1.06 SEQUENCING AND SCHEDULING A. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. B. Uncover utilities and verify both vertical and horizontal alignments sufficiently in advance of construction to permit adjustments in the work. C. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 GUARAJ.'\fTEE A. Trench settlements which occur during the guarantee period that are greater than 1 inch as measured by a 10 foot straight edge will be repaired in a manner that is acceptable to the Owner at the Contractor's expense. PART 2 - PRODUCTS 2.01 IMPROVED PIPE FOUNDATION A. Comply with MnDOT Spec. 3149.2H Modified. 1. Crushing requirements: Not less than 50% of the material, by weight, that is retained on the No.4 sieve shall have one or more crushed faces. PART 3 - EXECUTION 3.01 EXAlvlINATION A. Prior to construction, inspect existing utility structures and surface features and document condition. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-2 TRENCH EXCA V A TION AND BACKFILL B. Verify with the Engineer that all permits necessary to do the work are obtained. 3.02 PREPARATION A. Call Utility Owners to field mark their utility locations. B. Protect as necessary surface features such as utility poles, trees, structures, pavement, etc. that are not designated on the plans to be removed. C. Notify Utility Companies of progress schedule so they can accomplish relocations and removals that they have agreed to perform. D. Complete temporary removal or relocation of surface features such as fences, shmbs, signs, and mailboxes. E. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from topsoil and dispose of appropriately. F. Crossing Under Existing Utility Lines: 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. \Vhere possible and as authorized by the utility, temporarily remove the utility line, install the new pipe and reinstall the utility line. 3. \\lhere existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 percent standard Proctor density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Excavation: 1. Trench Construction: a. Excavate trench to aligl1111ent and grade shown on the drawings. b. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, inc. 02320-3 TRENCH EXCA V A TI0N AND BACKFILL c. Correct any part of the trench that is inadvertently excavated belo'w grade with approved material compacted to 100% of standard Proctor density. d. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. e. Pile all excavated material in a manner that \vill not endanger the work or obstruct sidewalks, driveways, gutters, etc. f. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under IIBackfill Above Pipe Zonell. g. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. h. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. 2. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dlY condition prior to backfill. Maintain groundwater level a minimum of one foot belo\v the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week there after. Keep a daily log of hours pumped. 3. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where, in the opinion of the Engineer, unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements ofImproved Pipe Foundation Material. 4. Provide temporary support, remove, relocate or reconstruct eXlstmg utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable suppOli for utility crossings to prevent detrimental displacement, rupture or failure. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-4 TRENCH EXCA VA T]ON AND BACKFILL 5. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade and location to avoid conflict may be ordered by the Engineer. 6. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular material. B. Pipe Bedding: 1. Polyvinyl chloride sewer pipe: Bed pipe 111 accordance with ASTM D2321. C. Backfill at Pipe Zone: 1. Backfill immediately after pipe is laid. 2. Backfill placed completely under pipe haunches 111 uniform layers not exceeding 4-inches in depth. D. Backfill above Pipe Zone: 1. Use suitable materials selected from the excavated materials to the extent available and practical. 2. Suitable materials are mineral soils free of rubbish, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chlUlks and other unsuitable material. 3. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. 4. Compact each layer by mechanical means until it meets the requirements of MnDOT Specification 2105.3 F1 "Specified Density Method". Trenches shall be compacted to a minimum of 95% except to 100% in the upper 3 feet. If the moisture content of the backfill materials is greater than 3% above the optimum moisture, compact the materials to a minimum density of three pounds/cubic foot less than the standard Proctor curve at that moisture content, except that minimum compaction shall be 85% of standard Proctor density. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-5 TRENCH EXCA V A TrON AND BACKFILL 5. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all pOliions of the trench backfill must meet minimum specified compaction requirements. 6. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the City. 7. Excavated material not suitable or required for backfill shall be disposed of outside of the project limits. 3.04 FIELD QUALITY CONTROL A. Density Tests: To be perfornled by an approved soils testing fiml at various locations and depths throughout the project as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and recompacted until the density requirements are met. 3.05 MEASUREMENT Al'ID PAYMENT A. Trench Excavation: Excavation and backfilling of trench and associated pipe bedding shall be included in the price of pipe furnished and installed. B. Density tests: Passing tests: all costs paid by Owner. Failing tests: all costs charged to and paid by the Contractor. C. Dewatering and Improved Pipe Foundation: No explicit, direct payment is made for this work. Include the costs in the bid unit prices for the pipe or structure installed. EN'TI OF SECTION 34-00-121 @ 2001 BoneslToo, Rosene, Anderlik & Associates, Inc. 02320-6 TRENCH EXCA VA TION AND BACKFILL SECTION 02510 WATER MAIN PART 1 - GENERAL 1.01 SECTION INCLUDES A. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02280 - Adjustment of Miscellaneous Structures. B. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. American Water Works Association (A W\V A): 1. C 1 04 - Cement Mortar Lining for Ductile and Cast Iron Pipe and Fittings. 2. CI05 - Polyethylene Encasement for Ductile-Iron Pipe Systems. 3. Cll1 - Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. CISI - Ductile Iron Pipe, Centrifugally Cast for Water. 5. CI53 - Ductile Iron Compact Fittings for Water Service. 6. C504 - Butterfly Valves. 7. C509 - Resilient-Seated Gate Valves. 8. C600 - Installation of Ductile Iron Water Main and their Appurtenances. 9. C601 - Disinfecting Water Mains. 10. C900 - Polyvinyl Chloride (PVC) Pressure Pipe, 4 in. through 12 in., for Water Distribution. 11. C905 - Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 in. through 36 in. 12. C906 - Polyethylene (PE) Pressure Pipe and Fittings, 4 in. through 63 in. for Water Distribution. 34-00-121 ~ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-1 WATER MAIN B. AmeIican Society of Testing and Materials (ASTM): 1. A126 - Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 2. D 1248- Specification for Polyethylene Plastics Molding and Extrusion Materials. 3. D 2683 - Specification for Socket-Type Polyethylene Fittings for Outside Diameter-Controlled Polyethylene Pipe and Tubing. 4. D2737 - Specification ror Polyethylene (PE) Plastic Tubing. 5. D2837 - Standard Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 6. D3261 - Specification for Butt Heat Fusion Polyethylene (FE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing. 7. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Material. 8. F 714 - Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter. C. State of Minnesota Department of Transportation "Standard Specifications for Construction", 1988 Edition and the Supplement Specifications dated May 2, 1994 (M-TIDOT Spec.). 1. MnDOT Spec. 3760 - Insulation Board (Polystyrene). D. National Electrical Manufacturers Association (NEMA): 1. WC 3 - Rubber-Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy. 2. WC 5 - Thermoplastic-Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy. 3. WC 7 - Cross-Linked- Thennosetting-Polyethylene-Insulated Wire and Cable for the Transmission and DistIibution of Electrical Energy. 34-00-121 .~ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-2 WATER MAIN 1.04 SEQLTENCING AND SCHEDULING A. Notify the City Water Department a minimum of 48 hours prior to perfornling work. At this time the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut dO\vn 48 hours in advance of shut down. C. The City Water Department must open and close the existing valves for this part of the operation. The City is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the City as necessary. D. Successfully complete required test and inspections before restoration of surface. PART 2 - PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General requirement: A WW A C 151. B. Cement-mOliar lining confOlming to A WW A C 1 04. C. Class 52 for diameters less than 20". D. Class 51 for 20" diallleter or greater. E. Fittings: A WW A C153, Ductile Iron, 250 psi working pressure, A \VW A Cll1 mechanical joint or push-on. 2.02 HYDRANT A. General Requirements: A WW A Standard C-502. B. Approved Manufacturer: Waterous Pacer, or equal. C. Two - 2 Yz-inch hose connections. D. One - 4Yz-inch steamer. E. National Standard operating nut. F. 5" valve opening. G. 6-inch mechanical joint pipe connection. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-3 WATER 1VIAIN H. Break-off flange with breakable rod coupling. 1. 8' - 0" cover. J. 16" high traffic section. K. Nozzle caps attached to hydrant with metal chains. L. High-pressure valve seat (refened to as the Colorado Kit). M. Fiberglass Flag: Hydrafinder Hydrant Marker, or equal. 1. Vvhite fiberglass rod, with 4 red reflective bands, without a bulb end. 2. 54" long, 3/8" dianleter. 2.03 GA TE VALVE A..ND BOX A. General Requirement: A vVW A C509. B. Bronze mounted, iron body valves. C. O-ring seals. D. Non-rising stem, opening by turning counter clockwise, 2" square operating nut. E. Mechanical joint ends confonning to A WWA C 111. F. Valve Boxes: 1. Three piece, cast iron, scre\v-type. 2. Adjustable for 7 1;2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5W' diameter shafts. 5. "Stay put" type drop covers, "WATER" 011 top, \vith extended skirts. 2.04 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 34-00-12 ! @ 2001 Boneslroo, Rosene. Anderlik & Associates, Inc. 02510-4 \VA TER MAIN 2.05 JOINT RESTRAINT A. Mechanical Joint Restraint: 1. Ductile Iron. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc., Mega-lug, or equal. B. Tie Rods: Stainless steel with "Star" brand tie bolts. 2.06 PIPE ENCASEMENT A. Polyethylene: Conform to A WVl A C1 05, Class C (Black), tube fom1. 2.07 INSULATION A. Meet requirements ofMnDOT Spec. 3760. 2.08 TRACER \VIRE A. ConfOllli to the applicable requirements of~TEMA \VC3, WC5, and WC7. PART 3 - EXECUTION 3.01 PREPA...~TION A. See Section 02320 - Trench Excavation and Backfill. 3.02 INSTALLATION OF PIPE A. Install pipe and fittings in accordance with the manufacturer's instructions and with the details as shown on the drawings. B. Permanently suppOli, remove, relocate or reconstruct existing utility pipes, cables, structures or other appmienances when they obstruct the line, grade or location of the pipe or appmienance. C. Remove foreign matter or dirt from the inside of pipe. D. All jointing of mechanical joint pipe and push-on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, wire-brush, wipe clean and dry. Keep pipe ends clean until joints are made. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-5 WATER MAIN F. Lay and maintain pipe and appurtenances to the alignnlent, grade and location shown on the drawings. No deviation from the plan alignnlent, grade or location is allowed unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such work. G. Provide conductivity throughout the water system by use of conductivity strap. H. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. 1. Installing Fittings: 1. General Requirements: A WvVA C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying and joining pipe. J. Dead End Lines: 1. Install plug, tapped for a 1" corporation at all stubs. 2. Extend a temporary section of 1" copper to above grade for flushing and testing. 3. Remove all but 12 inches of the temporary copper and backfill trench after flushing and testing is completed. 4. Crimp over short stub to keep the corporation clean. K. Backfilling: See Section 02320. 3,03 INSTALLATION OF HYDRA.."l',n A. Location determined by Engineer. A grade stake and location stake \:vill be provided by the Engineer before the hydrant may be set. B. Set on 8" concrete block or equal concrete base. C. Brace according to drawings. D. After each hydrant has been set, place around the base of the hydrant not less than one cubic yard of gravel or cmshed rock from which all fme matelia1 has been removed. Carefully place a layer of polyethylene, minimum 4-mrn thickness, over the rock to prevent the backfill from entering the voids in the drain rock. 34-00-121 '~2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-6 WATER MAIN E. Maintain hydrants in a plumb position during the backfilling operation. F. Attach a fiberglass flag to the hydrant with an existing flange bolt towards the back of the hydrant. G. Furnish one additional flag for each hydrant to the Owner. 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the manner as specified for cleaning, laying and jointing pipe. Location to be determined by the Engineer. B. Valves and boxes shall be supported on a concrete block as shown on the drawings. C. Maintain valve box centered and plumb over the operating nut of the valve. D. Set top of valve box flush with the existing surface to provide 12" of upward adjustment. 3.05 Ai'\JCHORAGE: A. Brace fittings and hydrants securely against undisturbed soil using timbers, precast concrete block with wooden wedges, or poured in place concrete thrust blocks. B. \Vhere lines tenninate \vith plugs, restrain the plug and next t\.vo joints with %" tie rods in conjunction with the blocking. The number of rods required is as follows: Pipe Size No. of %" Rods 6" 8" 12" 16" 18" 20" 24" 2 2 4 6 6 8 10 C. Pipe Restraint: 1. Place gland on the plain end with the lip extension toward the plain end, followed by the gasket. 2. Insert the pipe into the socket and press the gasket firmly and evenly into the gasket recess. 34-00-12 ] @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-7 WATER MAIN 3.06 INSlJLATION A. Review insulation installation with Engineer. 1. Place insulation between water pipe and sanitary pipe when water main or service is within 6" above or below the sanitary pipe. 2. Place insulation bet\.veen water pipe and catch basin or lead when water main or service is within 3' of structure. 3.07 PROTECTION A. Securely plug all openings along the line of water main promptly and before suspension of work at any time to prevent earth or other substances from entering the water main. B. Secure valve boxes and structures immediately after completion or before suspension of operations at the end of the working day. C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. 3.08 FIELD QUALITY CONTROL A. Scope: 1. Perform hydrostatic pressure, disinfection, and conductivity tests. 2. The Engineer will observe and veIify all tests and visually inspect final work for compliance. B. Required Tests and Inspection: 1. Hydrostatic Pressure Test: a. Test Pressure: 150 psi. b. Criteria: Not more than 3 psi drop in one (1) hour. 2. Disinfection: a. General Requirement: A WW A C601- Disinfecting Water Mains (Tablet Method). 34-00-121 !1::. 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-8 \VA TER MAIN b. Place hypochlorite tablet 111 each section of pIpe and all appurtenances. 1) Attach tablet to top of pipe with a food grade adhesive such as Permatex Foml-A-Gasket No. 2 and Permatex Clear RTV Silicone Adhesive Sealant, which are manufactured by Loctite Corporation. 2) The number of tablets required per 20-foot length of pipe based on 3~ grain available chlorine per tablet is as follows; Diameter 4" 6" 8" 10" 12" 16" 18" 20" 24" No. of Tablets 1 2 3 4 5 9 12 14 20 c. Fill main with water at a velocity of less than l' per second if tablet method is used. 3. Conductivity: a. Cement - 350 amps for 4 minutes, then 400 amps for 1 minute without fluctuation. b. Lines must be filled with water prior to test. 3.09 MEASUREMENT AL'\'D PAYMENT A. Bid items have been provided for water main. Measurement and payment will be based upon the units listed below. 1. Water Main Pipe: Measurement will be based upon units oflineal feet for each size and type of pipe installed, as measured along the axis of pipe without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the bid unit price shall include furnishing and installing pipe complete in place as specified. 2. Valve and Box: Measurement will be based on each valve and box installed. Payment at the bid unit price shall include furnishing and installing the valve and box complete in place as specified. 34-O0-12l @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-9 WATER MAIN 3. DIP Fittings: Measurement shall be based on the total fitting weight installed. The fitting weight shall be construed to mean equivalent cast iron weight. Payment at the bid unit price shall include DIP fitting and poly encasement. 4. Connect to Existing Water Main: Measurement shall be based on each connection made, including the removal of existing plugs. Payment at the bid unit price shall include all items required to complete the work. 5. Hydrant: Measurement will be based on units of each hydrant installed. Payment at the bid unit price shall include furnishing and installing the hydrant including fiberglass flag. B. No bid items have been provided for steel rodding. Steel rodding shall be considered incidental to water main installation with no direct payment made. C. No bid items have been provided for testing. Testing shall be considered incidental to water main installation with no direct payment made. END OF SECTION 34-00-121 @ 2001 Bonestroo. Rosene, Anderlik & Associates, Inc. 02510-10 WATER MAIN SECTION 02515 WATER SERVICES PART 1 - GENERAL 1.01 SECTION INCLlJDES A. Water service pipe, corporation cocks, curb stops and boxes, and all appurtenances. 1.02 RELATED SECTIONS A. Section 02510 - Water Main. B. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. American Society of Testing and Materials (ASThI): 1, B88 - Class K Copper Water Service Pipe. 1.04 SEQUENCING A.t1\JD SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. B. Install water service in same trench as the sanitary sewer service. PART 2 - PRODUCT~. 2.01 COPPER SERVICE PIPE A. General requirement: ASTM Specifications B-88 Class, "K" Specifications and U.S. Government Type "K" Specifications. B. Seamless. C. Suitable for use as an underground water service connection. 2.02 CORPORATION COCK A. Approved Manufacturers: 1. Mueller, Minneapolis, Pattern H-15000. 34-00-12I @ 2001 Bonesrroo, Rosene, A.nderlik & Associates, Inc. 02515-1 WATER SERVICES 2. Ford Type F600. 3. Hayes No. 5200. 4. McDonald No. 4701. B. Threaded for use with copper service pipe. C. Threaded on inlet end with standard corporation cock thread. D. Mueller 110 compression connections are approved. 2.03 CURB STOP A. Approved Manufacturers: 1. Curb Stops 1" and Smaller: a. Mueller Oriseal, Minneapolis Pattern H-15151. b. Ford No. B22. c. Hayes No. 5155. d. McDonald No. 4714. 2. Curb Stops Larger Than 1": a. Mueller Oriseal H-15154, Minneapolis pattern. b. Ford No. B22 series ball valves. c. Hayes Nuseal No. 4008. d. McDonald No. 6104 ball valves. B. For copper service pipe inlet and outlet. C. Full opening through the valve body with no smaller restriction allowed. 2.04 CURB BOX A. Approved Manufacturers: 1. Mueller, Minneapolis Pattern H-I0388. 34-00-121 @ 2001 Bonestroo, Rosene. Anderlik & Associates, Inc. 02515-2 WATER SERVICES 2. Hayes: Confonning to 2.03.A.l.a-d. 3. McDonald: Conforming to 2.03.A.1.a-d. B. Adjustable in height from 78" to 90". C. Stationary rods. D. 1-114" upper section. E. Mueller, Minneapolis pattern base. PART 3 - EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Run services to where wye locations are shown on the drawings. c. Water Service Line: 1. Parallel the sewer service line in the same trench. 2. Laid in a workmanlike manner. 3. Terminate as shown on drawings. 4. Crimp the end of line to keep free of dirt. 5. 7' of cover from finished grade. D. Corporation Cock: 1. Tap into main only when water main is under pressure. E. Curb Box: 1. Support on full size pre-cast segmental manhole block. 2. Place in a vertical position. 3. Place top at finished grade, which is 0.4' above centerline profile. 4. Grade stakes will be furnished to establish elevations. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02515-3 WATER SERVICES F. All trenches shall be backfilled and compacted in accordance to Section 02320. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. All water services will be pressure tested in conjunction with the water main, conforming to Section 02510. 3.03 PROTECTION A. Mark each curb box with a solid 4" x 4" x 8' wood post extending 4' above grade. 3.03 MEASUREMENT AND PAYMENT A. Water Service Line: Measurement by linear foot of each size and type of pipe measured along the axis of the pipe with no regard to intervening fittings. Payment at the contract unit price per foot includes: 1. The cost of all pipe, fittings, laying, excavation, backfilling, and testing. 2. From centerline of the main to termination as shown on the drawings. 3. Placement and compaction of the aggregate material around the corp and gooseneck is incidental to the service line. B. Corporation Stop: By physical count of each type installed. C. Curb Stop and Box: By physical count of each type installed. D. Supplying and installing wooden markers or fence posts is incidental to the service line. E. Material, placement, compaction, and removal of excess trench material to be included in the bid unit price for water service line. F. Connect to existing water service: Measurement shall be based on each connection made, including the removal of existing plugs. Payment at the bid unit price shall include all items required to complete the work, including sleeves and reducers. END OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02515-4 WATER SERVICES SECTION 02630 STORL\1 DRAINAGE 1.01 SECTION INCLUDES A. Storm sewer pipe, catch basin manholes, catch basins, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Structures. B. Section 02315 - Excavation and Fill. C. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Castings. 2. A6l5- Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement. 3. C139 - Specification for Concrete Masomy Units for Construction of Catch Basins and Manholes. 4. C150 - Specification for Portland Cement. 5. C206 - Specification for Finishing Hydrated Lime. 6. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 7. DI784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 8. D3034 - Specifications for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 9. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 10. F477 - Specifications for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 34-00-121 @ 2001 Bonemoo, Rosene, Ander1ik & Associates, Inc. 02630-1 STORM DRAINAGE 1.04 SEQlJENCING ANTI SCHEDULING A. Do not pursue work causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Required inspections and tests must be successfully completed before commencement of aggregate base construction. 1.05 SUBMITTALS A. Shop draviings. B. Submit certification report for precast structures fabrication and installation. PART 2 - PRODUCTS 2.01 MATERlALS A. Concrete Materials: 1. Use Standard Portland Cement Type 1, clean washed sand and crushed rock and gravel free from deleterious materials for monolithic concrete mau,'101es and all manhole bases. 2. Portland Cement: Comply with the requirements of ASTM C150. 3. Design Mix: Subject to the approval of the Engineer. Use proper water- cement ratio to obtain (4000 psi) in 28 days. B. Mortar Materials: 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions: a. Use one part cement to three parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting lings and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15% by volume. 34-00-121 @2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-2 STORM DRAINAGE b. Use one part Portland cement to two parts of sand to which lime or mortar mix may be added but not to exceed 15% by volume for mortar used for laying concrete block. C. Reinforcing SteeL Comply with the requirements of ASTM A615, Grade 60. 2.02 MAN1JFACTURED UNITS A. Manhole and Catch Basin Frames and Covers: 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish: No fInish required. 4. Machine cover and fi-ame contact surface for non-rocking protection. 5. Type and Style: As shown on drawing. Covers without grate openings shall be stamped "STOR1\1 SEWER". 6. Covers with two concealed pick holes of approved design. B. Malli1.01es and Catch Basins: 1. Requirements: ASTM C478, details on the drawings. 2. Diameter and special requirements are shown on the drawings. 3. Structures shall be of precast concrete whenever possible. Segmental block may be used for the lower portion of structures over large pipe. 4. Manhole joints shall be rubber O-ring gasket type meeting ASTM C443. 5. Segmental Block Manholes: Blocks conform to ASTM C139. 6. Structure bases may be pre-cast or poured in place. C. Manhole Steps: 1. Manhole steps may be constructed of any of the following materials: a. Polypropylene Coated Manhole Steps: M.A. Industries SP-1-PF, or equal. 34-DO-12I @ 2001 Bonestroo, Rosene, A.'1derlik & Associates, Inc. 02630-3 STORM DRAINAGE D. Stann Pipe: 1. Pipe shall be RCP Class 5 or PVC SDR 26. Pipe materials shall be consistent throughout the project. Use RCP in County ROW. 2. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4-inch through 18-inch dianleters): a. General: Pipe and fittings shall conform to ASTM D 3034. b. Materials: PVC plastics having a minimum cell classification of 1254 B or 12454 C or 13364 B as defined in ASTM D 1784. Pipe materials shall have a minimum hydrostatic design stress of 2,000 psi as certified by the Plastic Pipe Institute. Additives and fillers including but not limited to stabilizers, antioxidarIts, lubricants, colorants, etc., shall not exceed 20 parts by weight per 100 ofPVC resin in the compound. Certification of resin compounding shall be provided by the pipe manufacturer prior to shipment to the job site. Pipe shall have integral wall bell and spigot joint and a minimum \vall thickness confomling to SDR 26. Joints shall conform to ASTM D 3212. Joints shall be push-on type only with the bell-end grooved to receive a gasket. Elastomeric seal (gasket) shall have a basic polymer of synthetic rubber confoDnil1g to ASTlvl F 477. Natural rubber gaskets will not be accepted. Each pipe shall be identified with the name of the manufacturer or trademark and code, nominal pipe size in inches, the PVC cell classification and "Specification D3034." PART 3 - EXECUTION 3.01 PREPARATION A. See Section 02320 for trench excavation arId backfill. B. Pemlanent1y support, remove, relocate or reconstruct existing utility pipes, cables, structures or other appurtenances when they obstruct the line, grade or location of the pipe or appurtenance. Do the work in cooperation with the owner of the utility. Utility owner will determine which method is to be used. The Engineer may order a deviation in the drawing line, grade or location if, in his opinion, there is an acceptable alternative location for the work. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-4 STORJv1 DRAINAGE 3.02 INSTALLATION A. Connect to Existing Structure: 1. COll.llect to existing structure at location shown on the drawings. 2. Core the hole in the structure, trimming the pipe flush with the structure, trimming the pipe flush with the pipe to seal it within the wall. 3. Reconstruct manhole bench/invert. 4. Minor repairs to the structure. B. Installing Pipe: 1. Lay and maintain pipe appurtenances to the alignment, grade and location shown on the plan and/or staked in the field. No deviation from the drawing and/or staked alig11111ent, grade or location is allowed unless approved by the Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the contractor's expense. 2. General Pipe Installation Procedures: a. Wipe joints clean; apply the manufacturer's recol11.JIlended lubricant compound over the entire joint surface; Center spigot in bell and push spigot home; Take care to prevent dili from entering the joint space; bring pipe to proper line and grade and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. Repair any leaks discovered. 5. Joints connecting dissimilar pipe materials or where materials or where cut-ins make it impossible to construct a bell and spigot joint shall be make with a reinforced concrete collar completely surrounding the joint or by using an approved adapter. 6. Any pipe, which has been disturbed after being laid must be taken up, the joint cleaned and properly relaid as directed by the Engineer. C. Installing Structures and Appurtenances: 1. Excavate to depth and size as shown in the detail on the plans. 2. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. 34-O0-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-5 STORiVl DR..A.INAGE 3. Invelis shaped to the half section of equivalent size pipe confomling the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 4. Prefonned inverts and wateliight pipe connections for all lines 15" I11 diameter of smaller. 5. PrefOlmed inverts not allowed where pipe grades are 2 percent or greater unless design grade is built through the manhole. 6. All concrete pipes entering manholes must be cut with a power saw similar to the type used for ductile iron pipe. 7. Steps: a. Locate on the downstream side except for pipe 36 inches in dianleter or greater. Then place where most appropriate to provide the most suitable access. b. Secure and neatly mortar in place 15 inch on center spacing. 8. Position vertical \vall of the eccentric cone on the downstreanl side. 9. Use one (1 foot section) immediately below the slab. 10. Lift holes neatly mortared up. 11. The exterior of all block manholes shall be plastered w'ith one-half inch of Portland cement mortar. 12. Install adjustment rings and adjust casting. 3.03 RECONSTRUCT MA.~'HOLES AND CATCH BASINS A. In absence of the O-ring joint, older style manhole joints; sealed using Ram-nck (or equal) gasket material applied in accordance with manufacturer's recOlmnendation. B. Manhole sections removed from a structure and not re-used on the project shall be properly disposed of at a location offthe project site. C. Excavate around entire structure to the required depth for reconstruction. After new sections are in place, backfill and impact around structure with 12-inch lifts. 34-00-12 i @ 200i Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-6 STORM DRAINAGE 3.04 ADJUSTING A.1\,l}) CLEANING A. Adjusting: 1. Consists of adjusting the final elevation of structure casting to final grade. 2. Applies to structures installed as a part ofthis work. 3. Consists of setting casting frame to final elevation by adding or removing standard concrete adjustment rings of the same size and shape as the cone or slab opening. Elevation adjustments to existing structures that cannot be done by adding or removing rings are not adjustments but are reconstructions. 4. Place each adjusting ring and frame in full mortar bed. Encase the outside of the rings and frame in mortar collar (encase catch basins located in curbs in concrete being integral with the curb). 5. No shims of any material allowed. 6. Minimum thickness of mortar between rings: 'l4 inch. 7. Maximum thickness of mortar between rings: Yz inch. 8. Wipe clean all excess mortar from benveen rings and frame on the inside. 9. Set structures 'l4 to Yz inch lower than adjacent final grade. B. Cleaning: 1. Clean the pipe and structures. 2. Bailing or flushing method of cleaning pipe is acceptable only if adequate provisions, acceptable to the Engineer, for keeping dirt and debris out of the existing sewer system are employed. Otherwise, jetting will be required. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections: 1. Infiltration: a. To detennine the amount of ground water infiltration into the sewers. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630- 7 STORM DRA.INAGE b. Test waived if no visible infiltration IS observed during the lamping inspection. c. Measurement made by means of 90 degree V -notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where, in the Engineer's opinion, the flow of water in the sewer is greater than the maximum allowable leakage. e, Maximum allowable rate of leakage: Not more than 100 gallons per mile per inch diameter per day. f Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. Lamping: a. Velify installation is to tme line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipe. d. Verify that joints are all home. e. Verify structures confonn to specified requirements. 3.05 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end ohvorking day. B. Secure m3lli~oles and structures immediately after completion or before suspension of operations at the end of 'Vvorking day with castings or suitable alternative device. C. Mark structure susceptible to being hit by construction or vehicular traffic. D. Mark each plug location with 4"x 4" timbers to above grade to aid in marking the future connection. 34-00-121 @ 2001 BonestToo, Rosene. Anderlik & Associates, Inc. 02630-8 STORl\.1 DRAINAGE 3.06 MEASUREMENT A.~TI PAYMENT A. Bid items for storm sewer pipe has been provided on the bid form. Measurement will be based upon units of lineal feet tor each size and depth, for furnishing and installing pipe. Complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline. B. A bid item has been provided for 4' diameter storm catch basin manhole. Measurement will be based upon units of each for furnishing and installing structures complete, including manhole frame and casting in place as specified. C. A bid item has been provided for 4' diameter storm manhole. Measurement will be based upon units of each for furnishing and installing structures complete, including manhole frame and casting in place as specified. D. A bid item has been provided for 2' x 3' catch basin. Measurement will be based upon wlits of each for furnishing and installing structures complete, including manhole D.-ame and casting in place as specified. E. A bid item for flared ends of each size has been provided on the bid fonl1. Measurement will be based upon units of each size installed at locations indicated in the draw'ings complete in place as specified, excavation, backfilling, and compaction. F. A bid item has been provided for construct manhole over eXIstIng pipe. Measurement will be based upon units of each for furnishing and installing stmctures complete, including manhole frame and casting in place as specified. ENl) OF SECTION ~;4-()O-12 2001 !3oncstn:u. R(15(Tlt~. 02630-9 i\ndcdik &i\:~';;;)C1J.;t'S. li:i": S..l"C)R'v! ; )1'~,\jj\,:\CI; SECTION 02720 AGGREGATE BASE COURSE PART 1 - GE1\TERAL 1.01 SECTION INCLlTDES A. Requirements for crushed aggregate base course. 1.02 RELATED SECTIONS A. Section 02312 - Subgrade Preparation. B. Section 02740 - Plant-Mixed Bituminous Paving. 1.03 REFERENCES A. MinL'lesota Department of Transportation Standard Specifications for Construction, 1988 Edition and the Supplemental Specification dated May 2, 1994, (MnDOT Spec.): 1. MnDOT Spec. 2211 - Aggregate Base. 2. MnDOT Spec 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation repOli on sample of aggregate base to be used. 1.04 SEQlJENCING Ai'ID SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test, performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conf0l111ance to line and grade tolerances (stringline). PART 2 - PRODUCTS 2.01 MATERIALS A. Aggregate Base, Class 5: Confonn to MnDOT Spec. 3138, Class 5 aggregate. 34-00-121 ~ 2001 Bonestroo, Rosene, i\nderlik & Associates, Inc. 02720-1 AGGREGA IE BASE COURSE PART 3 - EXECUTION 3.01 PREPA..RATION A. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT 2211.3: 1. Compact by mechanical means to 100% of Standard Proctor density. 2. Install aggregate base in accordance with details on plan. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Contractor shall have an independent testing laboratory sample the aggregate base materials, detelmine the moisture/density relationships, and gradation and perform field moisture/density tests at locations detennined by Engineer. B. Line and Grade Tolerance: the final aggregate base surface will be checked for confomlance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be :to.05' of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base fi-ee of ruts and inegularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent propeliies. 3.05 MEASUREMENT "<\t'ID PAYMENT A. Aggregate Base, Class 5 will be measured by the Ton, compacted in place. E:t\'D OF SECTION 34-00-121 .:l:) 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-2 AGGREGA IE BASE COURSE SECTION 02740 PLAt'lT MIXED BITLJMINOUS PAVEMENTS PART 1 - GENER..AL 1.01 SECTION INCLUDES A. Plant-mixed, bituminous-aggregate hot mixtures for base, binder, wear course pavements, and bituminous curb. B. Bituminous Tack Coat. 1.02 RELATED SECTIONS A. Section 02770 - Concrete Curb and Gutter. B. Section 02720 - Aggregate Base Course. C. Section 02280 - Adjustment of Miscellaneous Structures. 1.03 REFERENCES A. Nlinnesota Department of Transportation, "Standard Specifications for Highway Construction," 1988 Edition and the Supplement Specifications dated May 2, 1994. (l'vInDOT Spec.): 1. Spec. 2331 Plant-Mixed Bituminous Pavement. 2. Spec. 2340 Plant Mixed Bituminous Pavement Quality Assurance (QI A) Projects. 3. Spec. 2357 Bituminous Tack Coat. 5. Spec. 3139 Graded Aggregate for Bituminous Mixtures. 1.04 SUBMITTALS A. Confonn to MnDOT Spec. 2331.3E2. - submittal of the Job Mix Fonnula (JlvIF). 1.05 SEQUENCING A1\TD SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to placement of the final wear course. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-1 PLANT MIXED BlTlJ1vIINOUS PAVEMENTS C. Adjust structures prior to placement of bituminous wear course. PART 2 - PRODUCTS 2.01 MA TERIALS A. Hot Mixed Bituminous: 1. Aggregate for Driveway, and Parking Lot: Conform to MnDOT 3139. a. Conform to the requirements of 3139 and the gradations for each type of mix as indicated on Table 3139-1, or more specifically the following: Mix Type 31 Mix Type 41 Street Base Course Street Vi ear Course Mix Designation 31 BBB 50000 41 WEA 50055 2. Bituminous Material: Conform to MnDOT 3151 : a. Confonn to rv1nDOT "Standard Specifications for Perfomlance Graded Asphalt". b. The Performance Grade Asphalt Cement: PG 58-28. B. Bituminous Tack Coat: 1. Bituminous Material ConfoID1 to MnDOT 3151. a. Emulsified Asphalt, Cationic, CSS-1 or CSS-2. PART 3 - EXECUTION 3.01 GENERAL A. All bituminous mixtures must be furnished by a Contractor Certified Plant for Bituminous Mixtures, Adhering to MnDOT's celiification procedure. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement ofthe wear courses. C. The proposed sequence shall address the; Longitudinal seams, Compaction, Traffic control, Hauling routes, Placement of pavement markings, Adequate sIgmng. 34-00-121 @ 2001 BonestroQ, Rosene, Anderlik & Associates, Inc. 02740-2 PLANT MIXED BITUMINOUS PAVEMENTS D. Preparation of Bituminous Base: 1. Final clean up of the bituminous base surface with the use of a power pickup broom and front end loader. 2. Final adjustment of structures in accordance with Section 02280. 3.02 RESTRICTIONS A. Conform to :MnDOT Section 2331.3B except as modified herein: 1. All street surfaces checked and approved by the Engineer prior to paving. 2. Existing bituminous surfaces must be dry prior to placement of any bituminous pavements. 3. Weming course not placed when the air temperature, in the shade and away from artificial heat, is 50 degrees or less, unless otherwise approved by the Engineer. 4. During the placement of the wear course mixtures the Contractor must provide a minimum of six persoilllel as follows: a. One paver operator. b. Two persons to operate the adjustment screws on the back of the paver. C. One bituminous finisher (raker). d. One rubber tire roller operator. e. One steel drum roller operator. Compaction operations may require additional roller operators to obtain the required densities. 3.03 EQUIP1v1ENT A. Bituminous Pavers shall be self-contained, power propelled units with automatic screed control conforming to MnDOT 2331.3C2A, for paving including pathways. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357 or as modified herein: 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-3 PLANT MIXED BITtJM!NOUS PAVEMENTS B. Restrictions: 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat applied shall be limited as directed by the engineer. 3. The contractor shall have sole responsibility of claims of tack coat on personal property due lack of notification or signage of the area being tack coated. C. Equipment: 1. Shall conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: 1. Shall confoml to MnDOT Spec. 2357.3C. E. Application: 1. At a uniform fate conforming to MnDOT Spec. 2357.3Da, but not greater than 0.05 gallons per square yard. 2. Along the front edge of the concrete curb and gutter. 3.05 MIX PROPORTIONS A. Requirements \-vill confoml to MnDOT Spec. 2340.3E or as modified below. B. Contractor Trail Mix Design: Bituminous mix designed using the Contractors trial mix design Specifications 2331.3E2b. C. Recycled Mixture Requirements: Requirements under 1-1nDOT Section 2331.3E2e shall apply, except as modified; recycled bituminous Mixture Type 42 and Type 48 can not be substituted for Type 41 and Type 47. 3.06 PLAL'\IT OPERATIONS A. Confonn to MnDOT Spec. 2331.3F. 3.07 SPREADING OPERATIONS A. Conform to MnDOT Spec. 2331.3G. 34-00-121 @ 2001 Bonesrroo, Rosene. Anderlik & Associates, be. 02740-4 PLANT MIXED BITillvlLNOUS PAVEMENTS 3.08 COMPACTION OPERATIONS A. Compaction requirements conform to MnDOT Specification 2340.3H2 as Modified Specified Density Method and as modified below: B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.09 THICKH1\TESS REQUIREN1ENTS A. COnfOlTIl to MnDOT Spec. 2331.3J or as modified. 1. After construction, the thickness of each course must be within ~ inch of the thickness shown on the plans. 2. For any course constructed, the material used in excess of the specified thic1mess plus ~ inch will be excluded from the pay quantities. 3.10 CONSTRUCTION JOINTS A. Conform to MnDOT Spec. 2331.3K. 3.11 MEASlJREMENT A1\iTI PAYMENT A. Bituminous Tack Coat: 1. Measured by volume in gallons at 60oF. 2. Payment for bituminous mateIials used for tack coat includes compensation in full for all costs incidental to the furnishing and application at the bid unit price per gallon. 3. Clefuling of all debris and dirt from the previous bituminous surfaces prior to placement of tack coat is included in the unit price bid for tack coat. 4. Payment for tacking exposed edges of existing bituminous sm-faces and concrete curb and gutter in conjunction with base course placement is considered incidental to the placement of the base course. B. A bid item has been provided for bituminous base course, Type 31B, and Bituminous Wear course, Type 41A. Measurement will be based on units of ton. Payment for paving shall include work and materials required. END OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-5 PL.A..:~T MIXED BITl1?v1INOUS PAVEMENTS SECTION 02760 PAVEMENT MARKINGS Al'\JTI SIGNAGE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Pemlanent pavement markings. B. Signage. 1.02 RELATED SECTIONS A. Section 02740 - Plant-Mixed Bituminous Paving. 1.03 REFERENCES A. All traffic markings shall conform completely to all pertinent sections of the latest edition of the Minnesota Manual on Uniform Traffic Control Devices for Streets and Hililiwavs. Conformance shall be to color, \vidth of line, placement of markings and all other requirements. 1.04 SYSTEM DESCRIPTION A. The Contractor shall furnish, install and maintain all pavement markings as indicated on the plan sheets. Contractor shall be responsible for spotting and laying out striping according to the dimensions shown on the plans. All striping shall be white or yellow in color and 4" wide. 1.05 SCHEDULING A. The Contractor shall notify the Engineer at least 48 hours prior to commencing the work under this section of the contract. PART 2 - PRODUCTS 2.01 MARKING .MATERIALS A. All permanent pavement marking materials shall be cold paint and conform to the requirements of one of the following materials: 1. Conventional paint as contained in Chapter II, Paints, Subsections A and B of the ITE Standard entitled, "A Model Performance Specification for the Purchase of Pavement Marking Paints and Powers", except that in lieu of the 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02760-1 PAVEMENT MARKINGS AND SIGNAGE requirements contained in Subsection B7, the paint shall not show bleeding sufficient to impair the color and visibility of the paint when applied to a suitably prepared and cured asphaltic surface in accordance with Federal Specification TT -115c. 2. Type S or Type N traffic paint as contained in the Specification for Ready- Mixed 'Alhite and Yellow' Traffic Paints, AASHTO Designation: M 248. B. Glass Spheres for Paint: No glass spheres shall be required. 2.02 MARKING EQUIPMENT A. Paint Equipment: Equipment used for applying paint shall be approved by the Engineer. PART 3 - EXECUTION 3.01 PREPARATION A. The pavement surface shall be dry and free from frost, as visually determined by the Engineer. Dust, dirt, glaze, oil, grease, loose paint, gravel, debris or other materials and contaminants which would prevent proper bonding of the marking to the pavement shall be removed by the Contractor prior to application of the marking. 3.02 APPLICATION A. The applied lines shall have a uniform cross section. The lines shall have a reasonably sharp cut-off on both sides and ends. The lines shall have a uniform width of 4 inches. 3.03 METHOD OF MEASUREMENT ANTI PAYMENT A. Bid items have been provide for pavement markings. Measurement for striping shall be by the linear foot. Painting curbs yello\v shall count as double footage on the striping. B. The measurement and layout of all pavement markings shall be done by the Contractor incidental to the bid unit prices for stripping. E:NTI OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene. Anderlik & Associates, Inc. 02760-2 PA VEME'H MARKINGS AND SIGNAGE SECTION 02770 CONCRETE CURB AND GUTTER PART 1- GEN'ERAL 1.01 SECTION INCLUDES A. Construction of cast-ill-place concrete curbs, curb and gutter and valley gutter. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base. B. Section 02740 - Plant Mixed Bituminous Pavements. 1.03 REFERENCES A. i\merican Society of Testing Materials (ASTM): 1. C260 - Air Entraining Admixture for Concrete. B. Minnesota Department of Transportation "Standard Specification for Constmction", 1998 Ed. And the Supplement Specifications dated May 2, 1994, (MnDOT Spec.). 1. MnDOT Spec. 2461 - Structural Concrete. 2. MnDOT Spec. 2531 - Concrete Curbing. 1.04 SUBMITTALS A. Submit one - 7 day and two - 28 day concrete cylinder test results for ail concrete pours in any given day. B. Submit concrete design mix formulas. PART 2 - PRODUCTS 2.01 MATERIALS: Concrete to Confonn to MnDOT Spec. 2461 Concrete A. Portland Cement: Type 3 air-entraining concrete produced by using Type IA air- entraining Portland Cement. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-1 CONCRETE CURB AND GUTTER B. Air-Entraining Admixtures: Conforming to: ASTM C-260. 1. Not to be added to the concrete mixtures in the field without approval from Engineer. C. Mix Designation and Classification for Concrete Curb and Gutter: 1. Manual Placement Mix No. 3A32C. 2. Slip Form Placement Mix No. 3A22C. D. Pre-Foffiled Joint Filler: COnfOl1ll to MnDOT 3702. E. Curing Compound: Confonn to MnDOT 3754. PART 3 - EXECUTION 3.01 GEN"ERAL A. The concrete curb and gutter shall be constructed at the locations and elevations indicated on the drawings. B. The style or type of curb and gutter shall confonn to shape and size as shown on the dra\vings. C. Construct intersection curb radii and transitions sections to conform to the detail on the drawings. D. Construct 10-foot transition sections at inlet structures to COnfOl1ll to the detail on the drawings. E. Concrete curb ramp depressions shall be constructed to conform to the detail on the drawings. F. Construct curb transitions for driveways per the detail on the drawings. G. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. H. Retempering of the concrete, \vhich has partially hardened, with or without additional materials or water, is prohibited. 34-00-121 @ 2001 Bonestroo, Rosene, f\nderiik & Associates, Inc. 02770-2 CONCRETE CURB AND GUTTER 3.02 FOlJNDATION PREPARATIONS A. Support on a compacted aggregate base extending 1 foot behind the back of curb confonmng to Section 02720 - Aggregate Base and MnDOT Spec. 2211.3Cl (100% Maximum Density). 3.03 FORMS A. Conform to MnDOT Spec. 2531.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C except as modified herein: 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 PLACING AND FINISHING A. Confonn to MuDOT Spec. 2531.3E and 2531.3F except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.06 CONCRETE CURING ANTI PROTECTION A. Confoml to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method) except as modified herein. B. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing. 1. The membrane curing compound must contain a fugitive dye. 2. A second heavy coat of membrane curing compound shall be applied 4 to 8 hours after the first coat. 3. Cold weather curing, when temperatures fall below 40 degrees dUling placement or within the following 24 hours, shall COnfOlTIl to 2531.3Gl blanket curing method, or method approved by the Engineer. 4. The freshly finished surface shall be protected, surfaces pitted by rain win be considered unacceptable. 5. Removal and replacement any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to the 72 hour curing period or final acceptance shall the responsibility of the Contractor. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-3 CONCRETE CURB AND GUTTER 3.07 BACKFILLING A. Conform to WillDOT Spec.2531.3J except as modified herein. 1. The initial curb backfill and boulevard grading shall follow the 72-hour curing period, with completion \vithin 6 days of original placement. 2. The curb backfilling shall be completed with the adjacent boulevard material. 3. The tolerance for the backfill and grading shall be within 0.3 feet 111 relationsbjp to the top of curb elevation. 3.08 WORKJvlANSHIP AJ\'D FINISH A. Confoml to MnDOT Spec. 2351.3K except as modified herein. 1. Any deviation in the design curvature, concrete edges and surfaces designed to straight lines or grades in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 3.09 MEAS1.JREMENT ANTI PAYMENT A. A bid item. has been provided for concrete curb and gutter. Measurement of curb and gutter shall be measured along the face of the curb at the gutter line, by length in lineal feet and by type of curb. No separate measurement or payment for modifications at curb ramps, transition sections or curb installed at catch basins and radii. ENl) OF SECTION 34-00-121 @ 2001 Bonestroo. Rosene, Anderlik & Associates, Inc. 02770-4 CONCRETE CURB AND GUTTER SECTION 02775 CONCRETE PAVING PART 1 - GENERl\L 1.01 SECTION LNCLlJDES A. Concrete walks and driveways. 1.02 RELATED SECTIONS Not Used 1.03 REFERENCES A. Minnesota Department of Transportation Standard Specification for Construction, 1988 Edition, and the Supplement Specifications dated May 2, 1994 (Mn/DOT Spec.): 1. Mn/DOT Spec. 2521 - Walks. 2. Mn/DOT Spec. 3149 - Granular Material. 1.04 SEQUENCING AL'\J1) SCHEDULING A. Do not pour concrete pads until base has been approved by Engineer. PART 2 - PRODUCTS 2.01 CONCRETE A. Concrete shall have a minimum 28 day compressive strength of 3900 psi. B. Concrete shall have entrained air content of 5% to 7%. PART 3 - EXECUTION 3.01 INSTALLATION A. Concrete pads shall be given a light broom fInish. Brooming shall be at a 900 angle to normal traffic flow direction. 3.02 FORMS A. Fonnwork shall conform to Mn/DOT Spec. 2521. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, 1nc. 02775-1 CONCRETE PAVING 3.03 JOll'H CONSTRUCTION A. Provide contraction and expansion joints in accordance with Mn/DOT Spec. 2521. 3.04 CURING A. Provide the Blanket Curing Method in accordance with MwDOT Spec. 2521. 3.05 MEASlTREMENT i\l"\TI PAYMENT A. Concrete driveway pavement will be measured by the square foot. Payment shall include all work and materials, including 8 inches of aggregate base. END OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-2 CONCRETE PAVING SECTION 02920 LA VlNS Ai'ID GRASSES PART 1- GENERAL 1.01 SECTION INCLUDES A. The Contractor, upon completion of the base course and prior to the wear course pavement, shall provide the necessary turf establishment as specified herein. This shall consist of the preparation for and placement of the necessary sod with 4" of stockpiled or imported topsoil to provide turf on the areas disturbed by the construction. The fill area on vacant lot 6003 West Broadway will be seeded. B. It is the intent of this project to restore all disturbed areas by sodding. However, the Contractor shall not disturb existing turf excessively, identifying access points to the sites and controlling vehicle movement within the sites. Damage done due to negligent behavior or disregard to the sites shall be repaired at 110 expense to the O\vner. PART 2 - PRODUCTS 2.01 SOD A. Sod shall include a minimum of the top I" of well established cultured sod, consisting in the major part of Kentucky Bluegrass unless otherwise approved, free from noxious weeds and relatively free from all other weeds, and free from roots, stones and other objectional materials. Sod shall resist normal handling without undue breaking or tearing. Sod shall be cut in uniform strips not less than 24" long and shall be cut to a uniform thickness as specified so a dense root system will be retained, but be exposed on the bottom side of the sod. 2.02 SEED, FERTILIZER, ANTI MULCH A. Seed: l'vlnDOT Mixture 68A or equal as approved by the Engineer. B. Fertilizer: Commercial grade, analyses 10-20-20 C. Mulch: Confoffi1 to MnDOT Spec. 3882, Type 1. 2.05 TOPSOIL A. The Contractor shall carefully utilize and spread the topsoil salvaged from the site prior to start of construction. Additional topsoil shall be imported to the site and spread over all areas disturbed by construction to provide a minimum of three inches (4") of topsoil. Topsoil shall meet the requirements of topsoil bon-ow as specified in M:r../DOT 3877. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-1 LA \VNS AND GRASSES PART 3 - EXECUTION 3.01 SOIL PREPARATION A. A..f1:er placement of 4" topsoil and inllilediate1y in advance of the sodding, the areas shall be raked clean of all stones, clods, roots and other objectionable matter. The areas to be sodded shall be reasonably smooth and blend \\lith the contour of the adjoining areas. The finished surface after sodding shall be flush with or slightly below the surface of adjoining turf Vv1J.ere sod is tenninated at paved areas, the sod shall have a fInished grade one inch below the paved surface. B. Grades must be considered critical and shall be inspected and approved by the Engineer before sod is delivered to the site. 3.02 SOD PLACEMENT A. Sod strips shall be placed \vith staggered end joints and without stretching, in such a manner that all edges will firmly abut the edges of adjoining strips. Ragged ends and edges shall be clean cut with k...l1ife and removed from the area. B. Immediately after completing the sod placement on each area, the sod shall be \vatered and compressed into the underlying soil by rolling and tamping. The initial watering and rolling shall be sufficient to provide firm contact and bond between the sod and the underlying soil and provide a smooth, even surface free of humps and depressions. The Contractor shall continue with a water program as be necessary to establish and root the sod. C. At the top of slopes, sod will be laid so water from adjacent areas will have free flow onto sodded area. On slopes, the sodding shall begin at the bottom and progress upward with strips laid transverse to the flow of water. If necessary to protect sod already laid, the Contractor shall furnish ladders or treated planks for \vorkers. 3.03 SOD \VARRANTY A. Replace any dead or marginal sod after 30 days subsequent to initial acceptance by the Engineer. The Contractor shall guarantee sod for a period of sixty (60) growing days from the date of installation. 3.04 SOD MAINTENA.'1\JCE A. Keep all sodded areas thoroughly moist by watering (or rainfall) for a period of 60 growing days. The sod shaH not shrink producing gaps between strips. B. Water trucks shall not be dliven on sodded areas or bituminous paths. The Contractor is responsible to determine the method of watering. Water may be obtained from a local hydrant as approved by the City. 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-2 LAWNS AND GRASSES C. Sod shall be protected from pedestrian traffic until accepted by the O'wner. D. The Owner will mow sod prior to the completion of 60 growing days if required to maintain the sod and appearance ofthe park. Mowing does not constitute acceptance of the sod by the O\\'11er. All mowing requirements shall be coordinated with the Contractor. 3.05 SEEDING A. Seed at vacant lot 6003 West Broadway. Installation Methods for Seeded Areas: 1. Site Preparation - The site should be prepared by loosening topsoil to a minimum depth of2 Y2 inches. 2. Seed Rates - The seeding rate shall be split in half and two passes shall be made over the entire site. 3. Harrowing - The site should be lightly haITowed or raked following seeding. 4. Packing - Pack the site following harro\ving to insure a firm seed bed. 5. Seed shall be applied at 200 lbs/acre. B. Fertilizer applied at 350 Ibs/ac. C. Mulch at a rate of2.0 tons per acre. 3.05 BASIS FOR PAYMENT A. Payment at the bid unit price per S.Y. for "Sodding, lawn type" will be compensation for all work required to restore disturbed areas, and place and maintain the sod. B. Payment at the bid unit price per S.Y. for "Seeding" will be compensation for all work required to restore disturbed areas, and place and seed, fertilizer, and mulch. C. Payment at the bid unit price per C. Y. for "Topsoil Borro\v (LV)" will be compensation for all work required to import and place topsoil. Salvaging existing topsoil shall be incidental. E~1) OF SECTION 34-00-121 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-3 LAWNS AND GRASSES ,..,...., ;::nlo:N \;:u"'.JCI} i . g HENNEPIN COUNTY Tra1nsPOI't@ilon OeparbniteO"t,. ".~ Operat ems Llivish:m" Perm i1ice 1000 ~r~rlQ Drive. MediM. MinMsota 5534Q.5421 ?hOM; (812) 745.7600 FAX: (G12) 47a.,4002 PIERMn"" APPLICATiON FOR UTILITY CONSTRUCTION PEl1MiT FEES MUNICIPAUTY :e $5{J,OO ALL OTHERS '" $75.00 I M1\1~~ \:\\) ~ t l .. 'Y;>Cf\'l:l"N~ ='~::: :t:;:~p1j""Uon j, hoceby ""..Ie, ".,mi'sion '" .'-, ccnstruci and 4~'rntaln · aIOng~ero~'c~~;~adNO. 8 ,.' {lrom,<@ 60; Avan~ North ytJ~...' I ~_. to ___. Applleat'lt city of..New H~ AddraS3 5;;0_0 InteJ::rl.atio~l pcu::'k'"nray___.,w. . ..'__ PhonG (mm) (763) 533-4.a4~..p..~. ..1.6 FA;No, (76~J_wS33"'76.5.Q SUBMIT A CHECK FtAYAB\..E TO "HENNEPIN COUNTY iREASURER". SUBMIT TWO (2) COPIES OF ENGINEERING DRAWINGS FOLOf:D TO 8 1/2" )( 11 ". ~ - :' 1. TYPE: OF Q~m.UQ!!9N-' . ~ Underground .2. ~~s or: UNOE:RGROUNO CONpUli Size 24 HR. EmQrgE1lI'lCy PMM !l63 ) 531-5] 70 PQJ.ice ~t. o Aerial C Oth~r "" Depth ~ rron o Q:>Pf}er o Cable rJ~ (Other) SiZ0 6" Depth 71 wa~ ;.:] Mu ltidl.lct CJ Plastie ~ Concr~!e o Sleel 12'B__._ 5 :_s:tQ~ , S:H!\ll.ttP.12 PFINSTALL!NGtli'!!)~~~Q~6aGD~': o Boring ~ Jae:k,lng . Plleumagopller (48" minimym dl!\pth) o easIng. Canir:( Fipe require<:! for all installations exceeding";' inche:;. in diameter. f2i: Dp~n Cut. Call PERMIT OFFICE prior to making application. .. 4.~8fA~a BE DI5JUMf;!~ iRA\{.ELEO SURF:Ji.OE. Stl.QULDER .~.Q.w~ARD o Con~rete n Curb S. Guner ::J !:lltumlnous 0 CuiVei'iS ~ SOd Cl ir~GJ6hr!'/bs ~~ aitUmlnous I I SldewGllk ~ Gravel n Field GrM:; 0 Other ~ 5. Ail work done: under tills pmmit, IncllJdli'jij restoration, will be completed 01'\ or b$fore _~1 :CCl 9J"'- Je::; I /tfr. Oalll r'ill; If worl< cannot b€l comploted within dates spec-Hied. a written request for p~trnl~$ic" of 6l1.lenStoo must be made to H$fiI1~ln Cebll'lly Transpolt!tion Department. 11 a reqJ133t for t;lxtrmsion is not made prier ~o th& expjratio!". of ~he Permit as noted in lJne 5 abOve, tl'le Permit snaIl b.ecQmQ I'lyll and void on tile expiration date, The Permllte~ agra~$ to defond, indemnify Md held harmless the County, It5 Qffil;;ials,' officers. employees and agent$ f(Ql"l'I MY li!ilbility. claims, causes Of &0110/'\, JUdgements or Qxpcn:;cs, including reasonable attorneys' f~lj)$, rGl~ltir't9 clirootly or iFldiraelly 1rcm any act or omission ot tn@ P@rmittee, its subCOntractors, anyone diroe1ly or indirectly employed by them and/or anyone for whose acts and/or omissions th~y J'fifiY ba liable, arising out of the. work to be done under this Permit. lllncl agaInst all IOS6 by reason of me: tailure of the Permittee to pel'rtC\rm fully. in any rospoct, all obHgetio!'ls under this Permit. P€jlm'litl:liH~l herewith accepts me terms arnl conditions of the fQgulallor'!5 as l~ dewn by the County ~nd ~{lN;!~S: to fully eomply the.rewith to the ~tlafJ;lctlon of the Hennepin COUl1ty Transportation Oep~rtmont PRiOR TO STARTING CONSTRUC'nON, CALL (612) 745,,7600 By (Print Name.) Date _J!L25/0Q \J~~ 'I/~f'\~q..\l.lp Signature ~ ~!t' a\l' ~~"l!>e'" ' __ APPUr:tAOON TN/Lot. SF; ffSJT;:Ci'/;D If?: NOT SIGNED SY RSPRESEi'tfA'nlll!;. il.L1'mOR}Zi!O TO BiND APPUCANT TO At&. niFtIJtS ANa CONDmONS CONTAlNsQ HERal/. ..._Ci1;y Of New Hope Guy J'ohru@p.._.. Organization .11:l@'e>! dliH'1>\ZJ l1:J12JI''t\i')/'t't ZI1:lI!.\t>-S.:.'t--BS.s:. n ~ut"\eo y! .;;,j,;;H.JuaH fIENNEPIN COUNTY TRANSPORT A IION DEPARTMENT Operations Division - Permits Office 1600 Ptairie Drive M~dinfi) MN 55340aS421 Phone: (612) 745-7600 Fax; (612) 478-4002 :....... ~ ~~":::::...:.. . ~ .;:;=.,,;~:'i1W :=:~::- ",...~r~~~-=- ~~ &!9HTaOF,. WAY CONSTRUCTION PE~JvtTT iii If the concrete pavement replacoment is within three feet ofa cons-truction.joint. the removal sha.ll inclu.de all pav.ement to the joint. e'I A minimum of 72. hours curing time is :required prior to placement oftraftlc on patch, oj> Ref'ttcnce shall be mad~ to \\Hennepin COUllty Concrete R€;pair Plata A" requirem.ents for proper rebar placement. RESTORATION: Iii . The rightmofaway shall be left in original or better condition. ~ Restomtion sha,ll be oontinuous with job progress. @ Urban boulevards shall b-e sodded and rural ditc.h are3S shall be s.eeded, conforming to 1VInDOT Specification 2575 unless otherwise direb'tcd by Hennepin County. ~ A minimum of 3" depth of topsoil meeting Mn'OOT Spec. No. 3877 shall be placed in either application. 5j> The pen:nittee shall be respon5ible for maintenanee of art.y failures due to settlement. erosion., laok of vegetation growth. rotting, or other job related probleme for a p~dod of three years after completion of project and Hennepin County has received Notice of'\Vork Completion. <1l Th~ laf>r>llcant shall be responsible for immed.iat~ replacement of any damaged sign wlthin county rlght-of~ way. COMPLIANCE: Failure to comply v-fith any poermit provision !Shan n~m{r this permit. liMITATIONS: If the roadway surface has been. repiaeed within thf'$ previous Jive year p~ri()d; the applicant shall not disturb this new 9Uiface. including "P(){fID1il:g" for conflicting utilities. FurthermDre, if Hennepin County shall make any imprt/l1emem or change Oft all or any part afits right olway UPOll, O1Ifff, under Of' along (,J county road; and such change! or linprovement require$ the moving Qr changing of public utility facUlties in such right olway, then, in that evenS, the applicant hereIn .shaU, after notic@ in writing by Herm~pin County, alter, change, W!CatB, Or remove from the county road fhajfart t)Ji~S . . 'es necessary to conform to the Improvement lI/ it," awn cost and without any cos//o H~"ffi"/i"'1"Iy" . , PERMIT APPROVED BY: ~c7 11/01/2000 Priul A. Tobkin ._=. H'tPneo.i!i COLb"A:tY_P~rroits Engineor ! CALL 'i45..i6001>RI9R TO CONSTRUCTION! SEE A'IT ACBlID SPEC.w... FROVISIONS, SPECIAL PROViSIONS "" le~.~~~~~~~~..~~~~~~~~.~~~B~.~~~.......~B~.~~~~ ve~AJ.,. U pERMIT NUMi!l!:.~ CSAH: LOCATiON: MUNIC1PALliY: CLI5f'!TS: _ CrTY OF l\TE.W HO'fl'E: 4401 XYLON 28776 8 60th Ave. N NEW HOPE AVENUENORTHNEWliOPEM:N 5:5428 ~""=-~_..",",,""'--- NOTICE OF WORK COIviPLETION ....",..,..~~...~~-<~"C"_F._~=.'"'.~......,. ---~~ ~-""' me!: 'Be :J.d.vi&ed that a.U work meluding restorntiO!1 ~uthor.ized under this permit WM eomplctcd On and is ready for tlMl ~etion. Appac!113t Jl.epi"~'mtti:!.iv{J: _ _ (print N~) (Signat\li"e) This page. must befaxed or mailed to the Pennits Office within 24 hours of work compieti.r>ij 3 of3 ~C@'~ ~e.!+~ ~~/~C/.. ~<o0oj;>-S.(.-t>-SSL f"i.l.Url0:8 u!dsuui!!>;.; HENNEPIN COUNTY Operations 'Division - Permit Office PERMIT NO. 28776 SPECIAL PROVISIONS County State Aid Highw~y (CSAH) 8 at 60th Avo, North . Ii The COIl.tra.otor shall use all available resources to expedite constt-u.ction work within CSAH 1 rightmof..way. I!I All Contractor employees ~ wear an approved. .safety vest while occupying County cight..of-way. liI No detouring of trnffic is allowed under this penn1t. !!l The installation of the frtor.m.sewer that crosses CSAH 8 will be ~C01np1ished in two phases. Phase Qne will consist of closing either the northbound or sou.thbound lanes with traffic control ~onsistin.g of the propOJ:' signage and naggers. Installa.tion of the stQm1sewer in that portion of the roadway may then e11sue. Phase two of the installation, whieh .shall begin the day following the completion of Phas~ one, \-\'ill eo'l'tsist of closing the remaining lane of traffic u$lng, thc= pfOpC:1" signage and traffic control, llli.d then installing the remaining stannsewcl'. !II The installation and wet tap of the water service will consist of closing the southbound lane of tmffic. Proper signage as wel! as fiaggers shall be used. Ii! Work hours shaH be between the times of 8:00 a.m. and 5:00 p.m. The ContmctQi' shull have the roadway surface in place md the road open. by 5:00 p.m. Ifthi3 necessitates the installation of a ttilmporary bituminous pji.t,;;:h,' the ContradoT will install a permatlefit bltwn:inous surf~cc~ using th~ traffic oontrol outlined ahov(1), imrn.edi~tely aft$!' the completion of Phase two. Ii Excavution !lhall not be performed if Contractor is unable to backfill within the same work-ollY. El Portable CQncret~ Battrier conforming 00, MnDOT Standard Plate No. "S337A'\ shaH be utilized along \he ~tire length of the excavation. I!l Call Steve Groen nt (612) 221-716424 m:s. prior to con~truction. Failure to contact either Mr. Groen or the Permits offioe shall be considered a violation of the permit tfi'1d grounds for dismissirt.g Contractor from. the job 3he. /Ua9 Paul A. Tobkin Hennepin County Pel"mlts EngiTI.$ef -:rn;t Hennepin CQwty-Pemnts Office II/OUOO PQ.ge 1 of 1 "" ~@'d d0.:~e e~/1er.t Z-<.lQv-e,Li> G:;a,L nl.uno::! l.J!d~UaH All W(\ll1ino Gel/leal> ami t;jilrri..l:Id"" ;j,l\dlJ CenfelllTl \0 \111;) M;I')"....ellll Mal1ual Ol)"UJ'llfon'l\ Trtililc COl'ltrot O\?lvll:Ji\l>. (;\JmmL ;aditio". and tiny tlM ;II! Ylildll\Ela Of $JJClP~rMiim !hereto. ' .', . All warning d~\lI~ barrlcsr;<)..,>. fiagmelh ...fl~ EXiu!pment shaH I)!o' pt(lvldsd !3ypai1lGs or organizationll p.ertotll'llngltla \'I'M<. Said lievices shall be fElljlov()fj !rom IhF! ii'll' Site prom~Uy, upon =mpletion 01 worn. '. ." " SUifl!1arO warnln.g devices .ano 'ollni"aOOI$ 1lnd ad1etyl.'(~~1ifShalJ ~Q t(r;1pt (ll~ am:1ln good repair at aU .time~. . Oetour un <t C,)unlY roold,tiay r~QuifO!l ten (10) werking tio!y$ .1lcl~f\ee notic~ 10 the f'eJtoit Of/loa. , , '. . E~a...atiOf)S {;Ilall bo clibbEld. sheetoo M.;;lIor fefl.:ed when nGoossa;y. Or M r..."<l~lif(ld by Hennepin County. indoment WEl~~!i!r shall ~& re...~$Oll ror OOlny cf tl1c ptej~ start or "usp~.nGlcn of rM pl'Oje.er i!S determiner:: by I~QnoopHl Count-f. ~I'tly va!l:$ Gf-w.U be worn by AI\.'YON=,Q(:;li~il'\g County ri9ht""I'~jI. Permft en J4;l1;t ~ ~~rmlta Dr COpieS shall b<J kc;[Jt qn the wort< &Jta. while work is in I}fQ!Jrf";SS, in the culllody Of lOa 1!:101vlaualln charge. ;,\!'Rj shall ba sxl1il:lillX.1 upon MetL1!lst by arty county oflicir.;l. ProvlSioo$ alld Sp@ciflcatIQm~ : Thoc-n general p~rmil ttl{J\,lilem~ntG <lnti specificatli:>iV.J t>hali be con:;;IOeraa iilQ forming an lrtlegf<ll pi:lr1 Qf t!W~, and every p~lt ~SilJGd for ~9!'3Jjon$ Qn CQUf'ily rOlil<i!waijS. The wort< ..lJlho~d by t1ifG ~It shall 00 done. at such tim~ aft<l iI'l !;ooh m:ilMer ~ shall be consiSten\ wllh thl'l ~rtety of .Ihe Dublie at\d ShDJI GQnform 10 illl requiremen15 ..nd ~landaroo of l/ll} CQunty of Het'lrlepin as MarGin GpQClfl'Ofl. 11 at :my time. It i;tlaU b9 ieuflO by rlennepm CaLrl'ity th<t\ tl'la weflt is I1l:t b17lng. o~ has 'not b~l'l. prDfJ~rty !}erfofmEll:l, lM F'atmll~(l, uf:lOn baing notified. shalllrnmedlaloly tal\e tlW ho:c.eseary ~. flt their OW1'\ a~~. to ~lace the work In cOnfQl'rl'1anellle ~it1 requirement!; or :;tandards. Al1nl;im~F\l . In tllO ovenl or lalltHlll Of ~91~el, wlU or not. l:ly s:lid Permittee or F'vlTI'litt='<;> cmploY<5tl:o, to paffolfi"l find comply with the ~l'Pl\erjbPd eQI'lt1ltiol'\~, r.\'1strleIlOl'll:. 1Jnd regulations. thl:! i'raMportatlon DGportmoof may revok$ &r\d aMIJI !hi!> pE!I'mit and order said PermIU~ t() imml,lal.ale!y rSmOYB any and all l;lfbl~r$;ll <.If 1~l'e)f'&l'ty b.olonging to l>aid Pe(fl'i!t\€l€l fI'IWl'llhs iagallimits oj tho roadway Qr ttlunty pJ'QJ)cr.y. 5n:oouti(;l1" - T!'1e Permilt;\~ fJ'\"ij lJ!::~ due dlllgence in the e~EilCutlOn o~ Ill", work Autliorirofi' under this parmit in 0;d1$1 nO!. to Gncl::mooy or unoece1>Sarify oblitl'1.Jct tr3\fnl along the said hiQMway. OJ:)erallOilS snail be $0 cCnQu'aled 'at all limes as to penT!!! $al~ and (l'fll~Qfi1ibly tree travel ov~r tl'rr;l roads v'llllhin 1.00 \\mih O'llne WQ~ ht#oil'\ pI'8&::;t;bGd, AJl saiGty MIlM\)r~ for the free movamel'\t of ll'tl.ffle il!'l.lIl! b,~ prf)VICI~d nil tns Permitfee at its own COlOt. .. el.\l'ltt;fmhy ~o !..aWl'! . The installation si1alll,)ij made in confcrrrJty wiih all ~plj~l~ 'ews. ~ulatlons and codes covering said instaIla!~Oi1s. All il'l~tnlt<!OOM sholl b", rn"de in C(ll'l!ormilY wil'l't regu~atioJ1S at gOllel11mer>tal agl)Mi~" tor th~ prolection of tho public. "" RQ'l'ftO'\lal . It at any time tl'le ~rmiH;m atn.lGtura or faoility 10tIiJII ft1Jt rrom any etlw:lco whl.'\lm~t'l...er. .me PGrmlltQ@ shalll1lilVi\1 U\~ $~m9 rQrl'oO'fQO or rl'lpaimJ immedla.tely Upon fet,."Qipt ~ w~ fi(ltlce to do roo 5x~sth'l~ t-<acllt\:lea . .a.pplir;ani 11>\11:>1 :a~el 9:11 exl~tjng installaliol'\9, '. ~rj\la1e Pf@.f;'ll)l'ty , The Permit os issued r:!l;;e$.I'!OI jl) ~nv way Imply an oasclf1'1\1iit 01'1 piiVt\I~ propeny or sr,mt i-l righc 10 encroach Ofl private proPerty. Damage 10 Floarlway . If p;tvll't'r1Om. road~'iay or right-Ol-w<o:r' is d:'ltl'!~eQ. ~a.mG shall bo rBStorea. in tl. \im~)' mMnGY to ill'- otiginF.d Dr s ba~or condition. al the !1cle r:~I'f;!f\~ of the PP.rmiH~. f>etiTlill~'s laiium to correct sltch d~~e 1ft .;;lIfflliJly mE,lnnar wilt fGSUIt 111 Henm:pln eOl,lnly, lhrO\l{;."i Its awn fQfC\1lS Of ~QnlrQ~orll, miOOng ;;';!lid ropo.iro aha l>f!1if'l(;i Permitt~ ror M <:lost.... SlfiO t'l)1pOO1l8!l related tnerelo. PF.lr{!'title.e sl\i~Jl (rISk(. p::lvment to Hi1!ntlt!~ft Courny wltMl'l iiftP-en (1S) d:'~ of r~l 01 :;;aid bill. Permiltl>~ l}bjrces 1l1al jl it f,,3s 10 'make paym9ffl ef ~~\d M'\ounta wRt\in the speolfiatl\iMi:'!, 'to Hann~?in County, it !i!h~\\ paya.4 C,}5t$ rell1itin\;j to dl!<bl oolleellef\, IMIl.ldtl'lg, ~I.lI nol IlmilQ(:! 10, eoort coot5. fees, int5n;>.at and attorney:!' fMG. ell,lm!ty ell WolU!l . Flnishe-d surface, base aM ~\tl>tla$$ or road upon complotion of work ~an be ~1,J!l1 ~ or ~$Uet than specifioaoor.s tor l>riglnal road. , CUTIin~ i~ . 1'M> pl7lrmi$sioo MrGill gmntoo OOQiij nol egf'lf~1 1,11'1;\1\ Ihe PsrmtU${l Il'lra right to cut, r"mOVl:l l;fr tl$strey tf'l!l#lt'\ tJr cl\l'tlnoory within the lege! llm,t:J 01 tl10 roadway (If rl';l1i'lV1(l fi'srrnilt"'\= frorl1 ot,Jl$injng <:my GQI'lS.(lnt otl'lc~e requiroo trol'l"ll/'10 t;;wn/,1lr of tM pr~rtyadjlacen! th~"i)Ito. l'iorh;9 or ,J~/1;j\'l9 - ll'llftr.l!lallon ~t pipo und"r r03dways, s.halJ be Jacked or bored as Qasi\ln:;lICO by the H~f'\nei'11'l Coumy Transportation Department. r. !.llllh' Cf Callnfl PI~:& - snail be req\liTed for inl}h.'lIWz\~O\\S exceeding 4 \ooho<l indiamelter, PrGSsure Grouting. Shall De required as dasig.neled i;>y H&rn'\l'lpl~ CCUl1ty Transportatian DapW1mF.inl. :. Df...ilil~fl' ilM$ ~$tinfj t;i!.liril'\g$ patt....ms sh~li FlGllJ>\) alteted Uf\lr:l~e. Elpj)fOVOO I?y Hann!ilpin CQunty. Wator.-;hed Disl1let appfOv~1 UM dFEllnage CillCulallQn~ "'I'i;l r~LJlrOO if pl:.ln oJltlm oxlstj[lg clrainOlQ$ p.W~ms.' . . '. ir'ols.ll.ntl'l&s. No ~" 3.fi.cr.f1t'$. anchors. braces or other C~illrl,lf:!ll)Il on right of way (}xccpt by p;:rmit aVltr\}ti~lion. i. Ofl\lin9 Umitalion$ - No \lfiVing clilo highway from ditch or dlivilir:l on &ooulcle1l.i or OVliif eutO$ Wi1~re damage vfill Ol:elJt, i. bugs en Eql,lt~iM1t - No ~ugt; ~I'l<!U h~ US~ on@C!ulpmenl tra\lorsing H~l'\ecpifl CO\.lflIY roatlways, i. elsal'l.IJ~' ~m>'ll aurfac~ ood readsid€! 9hlll\ be l(t~pt Q~I'1. nest $ll'\d pM:lfilFfl<lbiG th,cughout cOrEllructicn o!l~ tli!>l'M1i'\in[\)d by lhe Hennepin COUfIlll irt1ns:pol'l:3tiOf\ O~pMmeru.. !:lust eOfltrol. ShaH g@ pro\lid~d upon request o.f lhe; Har<n<:pif\ COunly rrsnspoflatian Departmfrnt. i~ ami V~atlQli - Sumii'llJ Qr Cli$l1,1r'\9 operations and or tl1c \.l~ Qj r;;hemical$ to oontrQI Q( xiii t~~, I:ll'\JtJh and other \/p.gl,lll1d\ot\ Is prohibited withotil W<!l!lMP~"l C(,'lunty approval. I. 'N~\i}rmlon' It llhaU be furthel uij~l!ll'SlQO~ \r.<tt lhe Plilrminoe wiH be- r'*'P'lnei~\(j ~or fi'i.,1,l.;f\tenanoa or repair af MY and all falll.lr$$ dua tl: G!}tll~..mt, <1Iroa!e;n, lack ~ \I,,~taUI}.i\ gl'Owl-h, rut'lil1g or OthOf lob ral"tel;\ problems ~"r *,~\l1fiOQ Qf ll'lti;lE} (~} YoafS l:\1ter proie<:t complatlon and Ntnic.e Of Wem COfl'\~~llOI'l form n!lS boon r~iw!OI try HelJMpin Ci;)UtHy. F"ermltl~ ;ahall penorm ;111 said maintenar.es Imm~(llale<ly after it has boon tlQtifiect ~f ,,<lid deficiency. Pllrmltt~ llhaU ~ re$j>>nalbie t(J~ .<)./1 CO&t& endG)/pemH)S' related to $aid m&l...h~Mf'\CR. ~Gmlltwo's failure to p!ffiornf said f1'!S.intenaneo immedtal~Y will ~ult lr HeMlilphl County, through 115 own forWil'Cf lt$ cMtl'li:lClors. pOOooning salt:! F'i1~flt!!flgnct\ <)no blUing Pemlittee f1Jr aJ\ coot$ arld Qxp!lln~ ralElt~ 1he!'i910, . ~m;tte<l $M.lll'1'lllKe PAyment ,to Hl1lrl..''1€l?ln County witl'iin fifle\;lf\ (1;;;~ days of recoipt .or s-3icl bill. Perrnlltatl a![lrOO$. lli:1\ll1 it f::!\ll11 to mllke payma.tlt ot said Gmeul'tts within th.. ~p~fied 111fl@. to Hanne-pin Cour1ty, pc;mrHttao Elh:!ll ~y all costs related to c!,gbt collection, it1cIU~fl(:l, but net limited to, court {joms. fe?9. mt6r~t t'\nc:l {\ttef'flf'i)l$' few.s. I. l\Imlloofe5 - ASll'f\l!nl'lol@ oc>val'$. va!\llll 'XNIlrI'$. I:ltC., $MIl be placed 112" lower tl'lOll'l f\flt$~OO '<Ir~. lrn;tlTaMI!1 . flW Pf\I'milt~ shall t>.ave in loroo dvnng the operation 01 P~l'1I!iIlOO'S \lQh~Cl€nl and e<julpJi1en\ over anrJIQr adjacent to lVtirnle$Ola rQaQWQ.ytl. (1) CClM'Il;rctal GQ11er&l UIlbility il'Isuranca willi <i'acl1 o(,:"wr~Cfl and SSl1eral aggrciJate llmil$ Qf $i.OOO.oon. o,nd (2} AutemobJk;t L~ill\y lfli:lllrane~ wllr1 combined alngtE! lit'rHt G-t\eI't e~rra.nt;f,! eoverage (or bodily injury and p~rty dalm'l.ga Ilml~ of $1.000,000. Ttl~ al'$ minimum jnsurnl'\~e itlQWem(!JMta. I 1$ tne 1l(>1~ rE!RpQl'l$i!:Jiljty I;ll triG i-'Grmittee to delt!fft'\It1i,ll me lJeeo lor and to proC:'Jrf:l actmti0I1~1 in$\Jt~f;a whiet\ mil)' bEl ooooeo In CQfll~9!1 wi1tl I.I'tIl Pl!cm'1t\. II. i'QQ~61(j{j. a q~rtlfiQiat... {if Jf'lu.urO\n~ mIlS! be providod flammg He1tn"'Pin COUt'ity at; col'1iN~le ht)l~ I1U\l;j Io'lA .1m aC10Ilian3J im;ure.d for [I'll el:}mmerclal Genl7rall.l"I';lhly.e;:l\re~ WIll'! !'Sspo;;Gt to O~tiOl15 ~rer:J Under this P~rfi'lil. t-!3e'd del'p i>@ 0C3.rCC2l/.. :G(;!IIbt--e.i.",,-E:g.~ i'i .j.Ul"Io;:) u, c:!auu<il1-j Vl!?~ ~,,~ -W'B. V l!i;)!liWlYI - ,Il.- ~l>.u.Ht.SlI _~"''1>4 ~ 1{W@::~~;~~J!~S421_ _'"~~ ~ P~~1::~?7~:~~ ~ : :F~(61~47g~ ' l3lGIIT -9I::YL6..Y CONS:mUctIOlj 1TmMTr GRAtVEl A.GGl'tEGA.TE Sl'JPJA.ClNG: Aggregate ~ $hWl~ ~ 21'11 mq~ as ~ within tab~ 313&..1 of'the 1~5 Editioo of1)1'nI)01 S~ Spee~. DlRECl1()N& BORING.: An bard ~ ro~ and ~es shall bejackoo. or ~ An borOO. pipe ~~ tD CClmty~WlY3j1 ~ tlum.4" dim.~, ~ be pulled t'hm. 8. ~ ~~ ~pipe. 'l"h.e ~ ~ ~ be adeq~y ~oo. ~W: tb.rJ e:ntire l~ oftM ~pipe.. "Ihd end ~ ~ be- ~ ~wbt.icked $hut. Prio:r to ~IUn&. ili.e bed pipe ~ not impede MiY ~ycr ~y facilities. ~ ~ ~ ~ b~ moo as close as ~le.to the ~ottbt:outer pipe to 3.~ ~vti void! ~ the ~ ~le. 'I'he 00red hole shall be ~.wi.th at ~tc gltmy. ~~~li'~ limit ~ mwwt of~mili~ to pmom:t the ~ op~on. AD ~vm ~uuy ~ 00 ~ from thtl ~ pim. A1Jy &my tWlit ~ ~U&b ~p&~OI ld~i!k ~shIiU~be~. JAClaNG: A ~~~ requimll QIl ;U1j~ ~ mi!~!\ ~Mm>01' .'~91"-kmIt', ~~ ~ pi~'~ ~!bE' ~ d?~~W" appli~ MtllXn' Speeitle~No. 2501.3C1 ~ gov~.P~ The ~!hlll DOt ~ .~y~ the ~ ~ Th~ ~ shaD. be.fined with ~ ~pea ~ tmd tll1e md$ ~ b~ ~umd and/or bri.~ mm. . lJORElJA.CKJNG 'p.l1S: ~ pit shan be J.gc~ a mfni:mum of'S ~ ft'om the b~ of~ mm mbm ~ or ~~10,f@ettrom~~~~fthe~oo~m~~~ A1lpiw~be~withtight "" o~ i.i\~ t~ ~~ b~~ I~eyb~er. ~ ~bm.~ etc. or as ~ hy'R"~~ ~. ~ ~~~1n~ sJmn ~ ~ ~ ~"ble 10 p.v.\i)~ tb=iropen ~ at All ~ m~/~ ~b~ the ~~~ ~ be ~ooldmed md ~ly compacted at the ro!1~ Q{the work iWft. N~ ~V~@lli ~ b~ ~ b2 adv~ {)fthe ~ wom wifbin the =:eavatkm. lilTfJM1NOllS p~~. '" No opc1dDg bil . ,,~. ~~. (!: $ :a!1mi!($~ County ~ ~sha1l de~ the ~V~ llp~ ~$ '" ~~,~~bc~w~~fmmtdma~~~~. The~oftb.epavemliAt~~ ~1h. 'W~~ a ~ OOM m~:w::w~ 1\)' A bitumioous OOM ~g the ~~ ofMDDOT Sp~~gn Nt}. 'ZS$7 ~ be Ippmm to lill bi~m01' ~j~t~~prle1rtop~~~ Ifm~ed.~ooati3 ~~ ~~giv~~~~tpe~~oW'D"'Qfthe~~pdg!ifOmb.p~~ 'i Bi~€QI~ ~ ~ ~beed.1lrith mb: emd'~ w ~ Sp~ifl~ No. 2331 Type "'47A.... <II "I'be oo~ ~ ~"r~ ;wi Mlive: dl 'b~.P~ to a b~~~Hns &ci.lity. ~ Ari:tP&~..t'tbat hu ~ 1!t{;~.by ~~ ~ e~ 're~ etc. ~ ~ ~~ f:jJfrep~ 00 ~by O;}~. l~ pi.li'lt;Jlill~~ hot ~ hl &vdabk,~~t foil" Qq' CONClmT! PAVE.'MENT~ !il N'Ci op~ be m ~4~ p~v-~~a ~ wbil~ ~il~ e:rtctpt ~r ~en~ l!l 'The ~mt ~ ~ ~~ the mn d,1lpth <;ttbe OO~~~ ~v~ wd. de1iv~ to I, C~ ~liug ~. Iili C('j!~ ~ ~oowith mix ~on3A42msh~lyCQ~~w~OT Sp~No. 2461. .tl "1:M ~~~ pav~~ ~~nstWu ~ e~ m l\fDDOT Spe~-ifi~Oli1 NQ. 1301. 2. of~ ~~@'d d~1:~0 00~te/tt ZOO~-S<:.~-SSlG. "" l'i+uno:J U! daUUiilH ---- -~.--....._. .................,.,........- - ----~-- ........-....--""'...........--_.:.-;--_....""-CI......:l-......~....'lI.... Operations Division - Permits Offiee .. .~..:;~" 1600 Prairie:!)rive Medina. MN 55340-5421 .. .,',. Phone; (612) 745..7600 '" - ~-- Fax; (612) 4i84002. ~ RIGHT -OF:-WAY.f'DNSTRUCTION PERMIT STA..1\IDAlID PERMIT PROVISIONS ., .- CO},tlMflNlCATlON: The permit upplicant snail cWl the permit office at 745..7600 priellr to,l.mnstruction. The; applicam: shall provid~ a repr~t!lentativeon site fit all tinl~s and. an emer~~ey eoni:act, 24-ho~ per dAy 7 days per week.. . WORK HOURS; The applicant shlill !lot work withi:t:i. the Hennepin County roadwa.y surface; during AM or PM ~c tush hour period,s no!: befure sunrise or after stll:l$et. tmloss authorized by Permit staff. NO 'WORK PERMl.l.TTED WXTmNROADWA'Y. SURFACE DtnUNG. Winter' (NQvelnber 15tlll th;nl Apll'il15~, or Saturdays, Stmdays, and Holidays unless daily <"Special Pero:Ussion is: obtained from the Pennit Office. NOTlFICATION: The Ap:plicwt shall be responsible for obtaining permits from any affected municipality or th~ Minnesota Department ofTronsportation. The Applicant shall notify all affected emqency personnel. public' trarJ.Sit of:ficial~, local residents or any other affected group. The Applicant shall utilize. the \Jopher State One Cali" excavation. notice system as required under :Mi:Jmesota Statue Chapter 216Dt 48 hours :prior to performing any excavwon (phone o12~454-0000.2). SPECIFICATIONs:' The MnQ,QT SWidard Specifications for Constftlction, 1995 Edition shall govern aU instillations perforrned under this permit SURVEY: The instillatiou,g shall be surveyed by the 4Wplicimt to msure correct placement vvithin Ee.o.nepin County rigb.t..of~way. The applicant is required to pre$erve all existhig survey monuments. IfEennepm County dete.mrines survey monu.:rnents hnve been disturbed during construction .activities, the ~plicant shall accept full t'el!pOnsibility for all celSts wGUITed to re~c5tab1ish t,l}ese monum~ts. TRAFFIC CONTROL: The applicant shall fum.ish, insWl,. and maintain all required ir.UE.c eontt'ol devie~ according to tho MnMUTCD '~e:m.porary Traffic Control Zon~ Ll:i.YOuts :Field Manual" dated Janumy 1998, Minn~gota Manual ofUmform Traffic Control Devices. dated 1991 and all current updates.. the :M.nDOT Standard Specifica.tions for Constro~tlonJ 98ted 1995 and the MnDOT Traffic Eng#1eerm.g Manuals Parts 1-~, dat~d J~nUll1"y 1996 and all C\U'l"I;Ut upd.ates. Detour routing shall requix'e a minimum 5 working days advance ootiCi:: to Hl'mnepm County." <- TR.EE RE};[OV AL: No tree or 5Y.b:stantial shrub shall be removed from H;;rmepm County e~g or dedicated right..of"'~v-ay unless written permission is obtained. This penr..it will11Qt serve as permission to remove vegetation from Count'j pt''OP,erty, The permittee will be tGspo~ble for obtaining vvritten pemrission from <my property owner prior to removing any vegetation. All plants or trees removed. or dmi.1aged s.lliill be Nplacoo in kind by the applicafit. TRENCHING; '" . !rel:lch~ foI' ull utilities shall b~ lQc~t~d as approved by Htmne:pm County. Trenche$, lOG:at~d parallel with the county road, shall not be left opened fora distance greater th.an 300 feet. a Storage of e'Xcavmed materials shall be plaeed or stored on the side of the operation furthest from the traveled roadway and an ~de,qUllte distance from the edge of me excavation to prevent trench collapse. ThG mat~rial shall not impedf! any ~xisting drainage. 'il After the installation. ~ been co:ro:pleted, the excavation may be backfilled with the original. excavated m.at~al unless it cOMists ofpe~ muck. soft or'U11:.'tabl~ soiL, boulders or'large rock. Iftb.e~ei,v~e;d mat..m.al is unsuitable, it sMl.l be disposed of off county right~f-way tm.d replaced with grmula:r or suitable clay soils M. approved by Hermepi,n County. !f> All treuclring .shan be backfilled by th~ "Quality Comp:;Lctlon M~thQd" as defined t.1l Specifica.tion 2105.3F2 Qft.ltE'l 1995 editiou of the JY.!J.1DOT Standard Specifications for COnstructiOil. Iii The backfill, compaction, and 1.'e$toration sball occur im:r:oediately after the i:nsWlatien of the underground fucility. GRA VEL A GGREGATE EASE: Aggregate \;rdS~ shall meet "CIMS S" requirements as staued in 'Table 313g...1 of the 1995 Edition ofMnDOT Standard Specifications for Constru\ltion. The use ofrecycloo. prod\t(;;~ is encol.U:t~ged within the furrimtions set forth in lYfnDOT Specification :3 US. lon "'" S~0'd d0~:~ 00/10/1i ZI<lVJi7-BLi7-8SL = n:l.uno:l U! deuIJiliFl CONDITIONS OF THE CONTRACT INDEX PAGE NC.. SECTION 1 DEFINITIONS 1. SECTION 2 BIDDING REQUIREMENTS 5. SECTION 3 AWARD AND EXECUTION OF CONTRACT, PROGRESS AND COMPLETION OF WORK 7. SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE 9. SECTION 5 AVAILABILITY OF LAI'IDS; PHYSICAL CONDmONS; REFERENCE POINTS 11. SECTION 6 INSURANCE AND BONDS, LEGAL RESPONSIBILITY AND SAFETY 13. SECTION 7 ENGINEER-OWNER-CONTRACTOR RELATIONS, ARBITRATION AND INDEMNIFICATION 18. SECTION 8 MATERIALS, EQUIPMENT, INSPECTION AND WORKMANSHIP 25. SECTION 9 MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE 34. SECTION 10 CHANGES IN THE WORK 40. SECTION 11 CHANGES OF CONTRACT PRICE AND CONTRACT TIME 42. SECTION 12 SUSPENSION OF WORK AND TERMINATION 46. SECTION 13 MISCELLANEOUS 48. FORM OF AGREEMENT PERFORMANCE BOND LABOR AND PAYMENT BOND GenerallSpeesJCondtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. TABLE OF CONTEi'.'TS CONDITIONS OF THE CO:t'.'TRACT SECTION 1 - DEFINITIONS 1.1 ACTS OF GOD 1.2 ADDENDA 1.3 AGREEMENT 1.4 BID SECURITY 1.5 BIDDER 1.6 CONTRACT 1.7 CONTRACT DOCUMENTS 1.8 CONTRACT PRICE 1.9 CONTRACTOR 1.10 CHANGE ORDER 1.11 DAY 1.12 DEFECTIVE 1.13 DRAWINGS 1.14 ENGINEER 1.15 FIELD ORDER 1.16 FINAL COMPLETION 1.17 MODIFICATION 1.18 NOTICE OF AWARD 1.19 NOTICE TO PROCEED 1.20 OWNER 1.21 PERFORMANCE AND PAYMENT BONDS 1.22 PROJECT 1.23 PROPOSAL 1.24 RESIDENT PROJECT REPRESENTATIVE 1.25 SHOP DRAWINGS 1.26 SPECIFICATIONS 1.27 SUBCONTRACTOR 1.28 SUBST AJ."ITIAL COMPLETION 1.29 SURETY 1.30 WRITTEN NOTICE 1.31 WORK Genera1lSpecsfCondtns.gen @ 1996 Bonestroo. Rosene. AIlderlik & Associates. Inc. - 1 - TABLE OF CONTENTS (CONT'D) SECTION 2 - BIDDING REQUIREMENTS 2.1 PROPOSAL FORMS 2.2 INTERPRETATION OF QUANTITY ESTIMATES 2.3 EXAMINATION OF PLANS, SPECIFICATIONS A..ND WORK SITE 2.4 ADDENDA 2.5 PREPARATION OF BID 2.6 RESERVATIONS Al\fD/OR EXCEPTIONS 2.7 BID SECURITY 2.8 DELIVERY OF PROPOSAL 2.9 OPENING OF PROPOSALS 2.10 EV ALUA TION OF PROPOSALS 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION SECTION 3 - AWARD AND EXECiJTION OF CONTRACT. PROGRESS & COMPLETION OF WORK 3.1 AWARD OF CONTRACT 3.2 EXECUTION OF AGREEMENT 3.3 FAILURE TO EXECUTE AGREEMENT 3.4 RETURN OF BID SECURITY 3.5 NOTICE TO PROCEED 3.6 CONTRACT TIME 3.7 SCHEDULE OF COMPLETION 3.8 COMPUTATION OF TIME 3.9 LIQUIDATED DAMAGES SECTION 4 - C01'.TTRACT DOCUMENTS: INTE1'.TT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.2 ORDER OF PRECEDENCE 4.3 DISCREPANCIES 4.4 ADDITIONAL INSTRUCTIONS 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICA nONS AND REUSE 4.7 DIMENSIONS GeneraliS pecslCondtns.gen @ 1996 Bonestroo, Rosene, Anderlik & A..ssociates, Inc. - 2- TABLE OF CONTENTS (CONT'D) SECTION 5 - A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 5.1 AVAILABILITY OF LANDS 5.2 PRIVATE PROPERTY 5.3 SURVEYS 5.4 UTILITIES 5.5 D\TVESTIGATIONS 5.6 UNFORESEEN PHYSICAL CONDITIONS SECTION 6 - INSURANCE AND BONDS. LEGAl. RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.2 PERFORMANCE AND OTHER BONDS 6.3 PATENTS, FEES AND ROY Al.TIES 6.4 PERMITS Al'\TD LICENSES 6.5 LAWS, REGULATIONS AND SAFETY 6.6 Vi ARNING SIGNS AND BARRICADES SECTION 7 - ENGINEER-OWNER.CONTRACTOR RELATIONS. ARBITRATION & INDEMl\i1FICA TION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.2 CONTRACTOR'S RESPONSIBILITIES 7.3 OWNER'S RESPONSIBILITIES 7.4 ASSIGNMENT OF CONTRACT 7.5 RIGHTS OF VARIOUS INTERESTS 7.6 SEPARATE CONTRACTS 7.7 SUBCONTRACTS 7.8 ORAL AGREEMEl'.'TS 7 .9 NON-DISCRIMINATION IN EMPLOYMENT 7.10 DECISIONS ON DISAGREEMENTS 7.11 ARBITRATION 7.12 INDEMNIFICATION GenerallSpees/Condtns.gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. lnc. - 3 - TABLE OF C01\TTENTS (CONT'D) SECTION 8 - MATERIALS. EOUIPME1\TT. INSPECTION AND WORKMANSHIP 8.1 MATERIALS AND EQUIPMEl\TT FURNISHED BY CONTRACTOR 8.2 EQUIVALENT MATERIALS AND EQUIPMENT 8.3 MATERIALS FURNISHED BY OWNER 8.4 STORAGE OF MATERIALS 8.5 SAMPLES 8.6 FURNISHING OF PRODUCT DATA 8.7 QUALITY OF EQUIPMENT AND MATERIALS 8.8 SHOP DRA WINOS 8.9 ACCESS TO AND OBSERVATION OF WORK 8.10 TESTS AND INSPECTIONS 8.11 UNCOVERING THE WORK 8.12 CUTTING AND PATCHING 8.13 W ARRAJ\TTY AND GUARANTEE 8.14 CORRECTION PERIOD 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK 8.16 ACCEPTANCE OF DEFECTIVE WORK 8.17 OWNER MAY STOP WORK 8.18 OWNER MAY CORRECT DEFECTIVE WORK GenerallS pecslCondtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. -4- TABLE OF CONTENTS (CONT'D) SECTION 9 - MEASUREMENT. PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT 9.2 REQUEST FOR PAYMENT 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.6 CONTRACTOR'S WARRANTY OF TITLE 9.7 SUBSTANTIAL COMPLETION 9.8 PARTIAL UTILIZATION 9.9 FINAL INSPECTION 9.10 FINAL APPLICATION FOR PAYMENT 9.11 FINAL PAYMENT AND ACCEPTANCE 9.12 CONTRACTOR'S CONTINUING OBLIGATION 9 .13 WAIVER OF CLAIMS SECTION 10 - CHANGES IN THE WORK 10.1 CHANGE ORDERS 10.2 FIELD ORDERS 10.3 UNAUTHORIZED WORK 10.4 ENGINEER RECOMMENDATIONS 10.5 NOTICE OF CHANGE TO SURETY 10.6 CLAIMS FOR ADDITIONAL COSTS 10.7 WORK DURING AN EMERGENCY SECTION 11 - CHANGE OF CONTRACT PRICE AND CONTRACT TIME 11.1 CONTRACT PRICE 11.2 CHANGE IN CONTRACT PRICE 11.3 BASIS OF CHANGE 11.4 CHANGE OF CONTRACT TIME GeneraliS pecsfCondtns .gen @ 1996 Bonestroo, Rosene. Anderlik & Associates. Inc. - 5 - TABLE OF CONTENTS (CONTO) SECTION 12 - SUSPENSION OF WORK AND TERMINATION 12.1 OWNER MAY SUSPEND WORK 12.2 OWNER MAY TERMINATE 12.3 CONVEI\cTJENCE TERMINATION BY THE OWNER 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE SECTION 13 - MISCELLANEOUS 13.1 LIMITATIONOFLIABILITY 13.2 REMEDIES 13.3 PUBLIC CONVENIENCE 13.4 CROSSING UTILITIES, ETC. 13.5 SANITARY PROVISIONS 13.6 PRESERV A TION OF HISTORICAL OBJECTS 13.7 USE OF PREMISES FORM OF AGREEMENT PERFORMA1'\fCE BOND LABOR AND MATERIAL PAYMENT BOND GeneraliS pecs/Condtns.gen @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. - 6- CONDITIONS OF THE CONTRACT SECTION 1 DEFINITIONS 1.1 ACTS OF GOD An Act or God is an unusual, extraordinary and sudden manifestation of the forces of nature, uncontrolled and uninfluenced by the power of man and without human intervention, that could not under normal circumstances have been anticipated or expected. Ordinary weather conditions of normal intensity for the locality shall not be considered as an Act of God. 1.2 ADDENDA Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. 1.3 AGREEMENT The Agreement is the written document executed by the Owner and. Contractor covering the performance of the Work described in the Contract Documents. 1.4 BID SECURITY The Bid Security, where required by the Advertisement or Information to Bidders, is a cashier's or certified check, cash or Bid Bond accompanying the Proposal submitted by the bidder, pledging that the bidder will enter into an Agreement with the Owner for the carrying out of the Work, should the contract for the Wark be awarded to him. 1.5 BIDDER A Bidder is an individual or other entity submitting a Proposal for the advertised Work. 1.6 CONTRACT The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. GeneraVS pecslCondtns .gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 1 - ).7 C01\TTRACT DOCUMEI\'TS The Contract Documents consist of the foil owing, including aJj Addenda issued prior to the opening . '-' of bids, Field Orders, Change Orders or mherModifications issued after execution of the Agreement: (a) Drawings, (b) Specifications: (I) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Requirements; (4) Conditions of the Contract (General and other conditions); (5) Performance Bond and Labor and Material Payment Bond;. (6) Form of Agreement; (7) Detail Plates and other drawings attachedtospecificatiorls; 1.8 CONTRACT PRICE The moneys payable by Owner to Contractor under the Contract Documents as stated in the Agreement. 1.9 CONTRACTOR The Contractor is the person or entity or authorized representative thereof named in the Contract Documents. 1.10 CHANGE ORDER A written order to Contractor signed by Owner authorizing an addition, deletionor.revisionin the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. 1.11 DAY A calendar day of t\venty-four hours measured from midnight to the next midnight. GeneraliS pecs!C ond tns .gcn 1[1 1996 Bonestrofl. Rosene. An(L~rlik & AssocifJ;l:s, Inc. .. 2 - 1.12 DEFECTIVE Refers to Work that is unsatisfactory, damaged, faulty or deficient, does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents. 1.13 DRAWINGS The Drawings are all plans, drawings (including revisions thereto) or reproductions thereof issued by the Engineer pertaining to the Work provided for in the Contract Documents. 1.14 ENGINEER The Engineer is the person or entity or authorized representative thereof named in the Contract Documents. 1.15 FIELD ORDER A written order issued by Engineer which orders minor changes in the Work in accordance with Paragraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. 1.16 FINAL COMPLETION The Work, including any punch list items, has been completed in all respects in accordance with the Contract Documents. 1.17 MODIFICATION (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. 1.18 NOTICE OF AWARD The written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. 1.19 NOTICE TO PROCEED A written notice given by Owner to Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perfonn his obligation under the Contract Documents. GeneraliS pecslCondms.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates. Inc. - 3 . 1.20 OWNER The Owner is the pers.on.or entity .or.auth.orizedrepresentative thereof named in the€:.ontract D.ocuments. 1.21 PERFORMANCE AND PAYMENT BONDS The Performance and Payment Bands are the approved f.onn .of security furnished by the C.ontractor and a Surety pri.or t.o the executian of the Agreement as a pledge .of goad faith all. the part of the C.ontract.or and the Surety inthe event.of theiContractar's default, c.overing theiC.ontJ.'(il.ct.or's<faithful perf.ormance under the Can tract D.ocuments and the payment .of all .obligati.ons arising thereunder. 1.22 PROJECT The t.otal c.onstructi.on .of which the W.ork t.o be provided under the Can tract D.ocuments>rnaYibe the whale, .or a part as indicated elsewhere in the Contract D.ocuments. 1.23 PROPOSAL The Prop.osal is the .offer.of a bidder taperf.onn the Warkdescribedin theBidDociI:m~ntsWhen made .out and submitted.on the prescribed Prop.osal farm, properly signed and secured. 1.24 RESIDENT PROJECT REPRESENTATIVE The auth.orized representative .of the Engineer who is assigned t.o the 1.25 SHOP DRAWINGS All drawings, diagrams, illustrati.ons, schedules and other data. which are specifically prepared by Cantract.or, a Subc.ontractar, manufacturer, fabricatar, supplier .or distribut.ort.oillustrates.ome p.orti.on .of the W.ork and an iliustratians, brochures, standard schedules, perf.ormance charts, instructi.ons, diagrams and .other inf.ormatian prepared by a mangf:il.crnI'~r,f:il.J:>rif:il.tQJ:';<~upplier .or distribut.or and submitted by C.ontract.or t.o illustrate material or equipment far same porti.on .of the W.ork. 1.26 SPECIFICATIONS That p.orti.on .of the Contract D.ocument generally b.ound in bo.okl~tf()Ii'11a.n(:Hf(jJ:l.~i~ting.of the d.ocuments identified in Paragraph 1.7 (b) .of the C.onditians .of the C.ontract. 1.27 SUBCONTRACTOR The Subc.ontract.or is the pers.on .or .other entity having a direct c.ontract with the C.ontract.or and acts far .or .on behalf .of the C.ontract.or in executing any part .of the Can tract, but d.oes n.ot include any separate C.ontractar.or his Subc.ontractar.or any material suppliers. GeneraliS pecs/Condtns. gen @ 1996 Bonestroo. Rosene, AnderJik & Associates. Inc. - 4 - 1.28 SUBSTANTIAL COMPLETION The Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer as evidenced by his certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with Paragraph 9.10 and 9.11. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. 1.29 SURETY A Surety is the person or other entity executing the Contractor's Bid, Performance and Payment Bonds. 1.30 WRITTEN NOTICE Written Notice shall be deemed to have been served if delivered in person or sent by registered or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be the duty of each party to advise the other parties to the Agreement as to any change in the business address until completion and acceptance of the Work. 1.31 WORK The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. \Vork is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. SECTION 2 BIDDING REOUIREMENTS 2.1 PROPOSAL FORMS The Owner will furnish Proposal Forms to any qualified Bidder upon request. 2.2 INTERPRETATION OF OUANTITY ESTIMATES The schedule quantities as listed in the Proposal are to be considered approximate only and may be increased, decreased or omitted as necessary to complete the Work as described in the Contract Documents. GeneraliS p"..cslCondtns.gcn @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 5 - Each Bidder is required ta examine carefully the site .of the Wark, the Specificatiens and Plans. Submissian. .of a Prapesal censtitutesarepresentatianbytheBidqerthatnenasc.made such examinatian, has familiarized himself with the .cenditions te be.encauntered,theicharacter, quality and quantity. .of wQrk;to be perfermed andrhaterialte be; furnished and has carrelatedhis ebservatians with the. requirements .of these Cantract Decuments. 2.4 ADDENDA Any Addenda issued prier te the time .of receipt .of Propasals shall be included irrth~~r(jposm>'and shall be made part .of the Centract Decuments. Receipt .of each Addendum shall be acknawledged by the Bidder in his Propesal.;. 2.5 PREPARATION OF BID The bidder shall submit his Propesal an the Prepesal Ferm provided by the Owner. All blank spaces in the. Prepasal must be. filled in. clearly and cerrectly inink .or typewritten; An.yinterlineatien. alteratien .or erasure must be initialed by the signer afthePrepesal.The in ink by the individual .or autherizedrepresentative making thePraposal. 2.6 RESERVATIONS AND/OR EXCEPTIONS Reservatiens .or exceptians shall be clearly stated in writing and attached tethe Propasal.They;vill be ,deemed te be apart .of and. incerporatedinta;.thePrapasaL.Bidders>arec.a.qvised>ithati itcsuch reservatiQns or ... exceptions canstitutea substantial deviatianfromtheadvertisedterrnsLand cenditions, their Propasals may be rendered nen-respensive.The Bidder shall m,*eno;additional stipulatiens on the Proposal ner qualify it in any ether manner. 2.7 BID SECURITY If sa stipulated in the Advertisement for Bid.s,or IpfQl111atign ta Bidders, each Propasal shall be accampanied by a Bid Security in the required ferm and ameunt pledging that the Bidder will enter inta a Contract with the Owner an the terms stated in his Propesal and \yill,ifr~ql,li~~d.;>f11mJsh bQIlds as described hereunder in Sectian 6 cevering the faithful perfarmance .of the Cantract and the payment .of aU obligatians arising thereunder. Should the Bidder refuse ta. enter inte sUCh>CQIlfract .or fail te furnish such bands, if required, the amaunt .of the Bid Security shall be forfeited ta the Owner as liquidated damages, net as. a penalty. .,..,The.qwn.er>\yillh~\,eth~Tightit()>l"~t~ili).the;Bid Security .of Bidders until either (a) the Agreement has been executed and bends, if required, have been furnished by the Cantractarto. whem an. a\.Vard has been made or ..(b)theispepified.;;tim(5>has elapsed sa that.unaccepted ProPo.sals may be withdrawn, or (c)altiPrapo.salshavebeenirejected. GeneraliS pecs/Condtns.gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. -6- 2.8 DELIVERY OF PROPOSAL Each Proposal shall be placed in an opaque envelope and securely sealed. The envelope shall be so marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope with , the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in the office of the designated recipient before the time set for bid opening. 2.9 OPENING OF PROPOSALS Proposals will be opened publicly and read aloud at the time, date and place designated in the Advertisement. 2.10 EVALUATION OF PROPOSALS The Owner reserves the right to reject any Proposal if it shows any omISSIons, alterations, irregularities, is submitted subsequent to the time established in the Advertisement for Bids for receipt of bids, or is unaccompanied by any required Bid Security. The Bidder further acknowledges the right of the Owner to reject all Proposals and readvertise with the same or different Bid Documents. In any event, the Owner reserves the right to waive any informalities, irregularities or minor deviations in the Proposal. On unit price Proposals, comparison of Proposals will be made on the basis of the stated unit prices and unit prices will control in the event of a discrepancy between the unit price and the extension or summation thereoLOn fixed or lump sum price Proposals, comparison of Proposals will be made on the basis of the lowest price that is responsive to the Advertisement. 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of a Proposal, each Bidder certifies that: (a) The prices in the Proposal have been arrived at independently, with out consultation, communication or agreement as to any matters relating to such prices with any other bidder or with any competitor for the purpose of restricting competition; (b) The prices in the Proposal have not been or will not be knowingly disclosed to any other bidder or competitor prior to the O\vner's opening of the Proposals; (c) No attempt has been made or will be made by the Bidder to induce any other person or finn to submit or not to submit a Proposal for the purpose of restricting competition. GenemllS pecslCondtns .gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 7 - SECTION 3 AWARD AND EXECUTION OF CONTRACT. PROGRESS & COMPLETION OF WORK 3.1 AWARD OF CONTRACT When the lowest responsive Proposal of the lowest responsible bidder is accepted and wit time limit established in the Advertisement for Bids, the Owner will send him the nec Contract Documents and a Notice that the contract has been awarded to him, subject to the furnishing of a Performance and Payment Bond, where required. 3.2 EXECUTION OF AGREEMENT The lowest responsible bidder shall, within 15 days after receiving the Notice of Award and Contract Documents, sign the Agreement contained in the Contract Documents and return the signed Agreement and such Bonds and Insurance forms as the successful Bidder may be required to furnish to the Owner. 3.3 FAILURE TO EXECUTE AGREEMENT Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required, or to execute the Agreement within the time above specified, the Owner may have the option to annul the award and retain the Bid Security accompanying the Bid as liquidated dama es and not as a penalty. This shall not be the sole remedy of the Owner but upon default by the Bi wner may adopt any legal remedy which it may see fit to adopt. 3.4 RETURN OF BID SECURITY All Bid Securities, except that of the lowest responsible bidder, will be returned within 45 days after the date of the opening of Proposals unless stated otherwise in the Special Provisions. The Bid Security of the lowest responsible bidder will be returned upon receipt of the properly executed Agreement and Bond. 3.5 NOTICE TO PROCEED The date of commencement of the Work is the date set forth in the Noticeto Proceed. Thereupon, the Contractor shall begin and shall prosecute the Work regularly and without interruption, unless otherwise directed in writing by the Owner, with such manpower and equipment as is necessary to complete the Work within the time stated in the Contract Documents. GenerallS pecslCondtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 8 - 3.6 CONTRACT TIME The Contractor shall complete, in an acceptable manner, all of theW ork contracted for in the time stated in the Contract Documents, subject only to extension for unforeseeable delays above and beyond the control of the Contractor and his Subcontractors and without their fault or negligence. Written notice of the Contractor's claim for such extension shall be given within ten (10) days of the occurrence of the event giving rise to the claim; otherwise the claim shall be waived. 3.7 SCHEDULE OF COMPLETION The Contractor shall submit, at such time as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on 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. 3.8 COMPUTATION OF TIME When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 3.9 LIOUIDATED DAMAGES 3.9.1 Time is the essence of the contract. The Contractor thereby agrees that the Owner will be entitled to liquidated damages for failure on the part of the Contractor to complete the Work within the time limits provided for in the Contract Documents. 3.9.2 Should the Contractor fail to complete the project on or before the specified date, liquidated damages in the amount specified in the Special Provisions shall be deducted from any monies due or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each and every calendar day that the contract shall remain uncompleted after the specified date for Completion. Liquidated damages are specified herein because of the extreme difficulty of ascertaining and establishing the actual damages which the Owner would sustain. SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They may be altered only by a written Change Order. General! SpecslCondtns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 9 . 4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or discrepancy in the Contract Documents, he shan report it to engineer in writing at once and before proceeding with the Work affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. 4.1.3 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well- known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest stan 0. specification, manual or code in effect at the time of opening of Bids (or, on the effective date 0 e Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be governed by the law 4.2 ORDER OF PRECEDENCE If there be a conflict between or among any of theterrns or provisions of theC~ntra.pt.]).~g~m~l1ts, which conflict cannot be reconciled by resorting to the intent of the Contract Documents under Paragraph 4.1, the conflict shall be resolved by applying the following Order of (a) Agreement; (b) Conditions of the Contract; (c) Special Provisions; (d) Specific Requirements; (e) General Requirements; (f) Drawings. GeneraliS pecslCondtns.gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 10 - 4.3 DISCREPANCIES Any conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly insignificant to the Contractor, shall be brought immediately to the attention of the Engineer for clarification. Any Contractor who fails to bring any conflict, ambiguity or discrepancy to the attention of the Engineer of which it was or should have been aware, shall assumethe risk of loss arising out of any such conflict, ambiguity, or discrepancy. 4.4 ADDITIONAL INSTRUCTIONS Further or additional instructions may be issued by the Engineer during the progress of the Work by the use of Drawings or other means to clarify the intent of the Contract Documents or to explain or illustrate Changes in the Work or Field Orders. 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be available to Engineer for examination and shall be delivered to Engineer for Owner upon completion of the Work. A.6 OWNERSHIP OF DRAWINGS AND SPECIFICATION AND REUSE All original Drawings and Specifications and other data furnished by the Engineer are and shall remain his property. Copies thereof will be furnished to Owner and are to be used only with respect to this Project and are not to be. used on any other project or extensions of this Project without the prior written consent of Engineer. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project are not to be construed as publication in derogation of the Engineer's common law copyright or other reserved rights. 4.7 DIMENSIONS Figured dimensions on the plans will be used in preference to scaling the Drawings. Any conflicts, ambiguity, or discrepancy, shall be immediately brought to the.attention of the Engineer before proceeding with the affected Work. Contractor shall assume the risk of loss for failure to bring to the attention of the Engineer such conflict, ambiguity, or discrepancy. GenerallSpecs/Condms.gen @ ]996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 11 - SECTION 5 AVAILABILITY OF LA1~DS: PHYSICAL CONDITIONS: REFERENCE POINTS 5.1 AVAILABILITY OF LANDS 5.1.1 Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way for access thereto, and such other lands which are de. ated for the use of Contractor. Easements for permanent structures or permanent changes existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. 5.1.2 Contractor shall, at his expense, provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Contractor shall confine his machinery and equipment, storage of materials and operation of workmen to those areas described in the Contract Documents and such additional areas which he may provide at his expense. 5.2 PRIVATE PROPERTY The Contractor shall not enter upon private property for any purpose without obtaining written permission from the owner thereof, and he shall be responsible Jor the preservation .of all property, trees, monuments, etc., along and adjacent to the street andlor right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall protect carefully from disturbance or damage all monuments and property markers until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 5.3 SURVEYS Unless otherwise specified, the Owner shall establish all base lines for the location of the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work. Based upon the information provided by the Owner, the Contractor shall develop and make all detail surveys necessary for construction, including batter boards, stakes for pile locations and other working points, .lines and elevations. The Contractor shall be responsible for carefully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. General/SpecslCondtns .gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 12 - 5.4 UTILITffiS The Contractor shall be solely responsible for verifying the exact location of all utilities, whether or . not shown on the Drawings or referenced in the Specifications. Prior to the start of any construction, the Contractor shall notify all utility companies having utilities in the Project area. The Contractor shall have sole responsibility for providing temporary support and for protecting and maintaining aU existing utilities in the Project area during the entire period of construction, including but not limited to the period of excavation, backfill and compaction. In carrying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement, rupture or other failure. 5.5 INVESTIGATIONS Reference is made to the Contract Documents for identification of those reports of investigations and tests of subsurface or latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports or tests are not guaranteed as to accuracy or completeness and if incorporated into the Contract Documents, they shall be for general information only. Contractor shall be responsible for verifying site and subsurface conditions to his satisfaction prior to submitting a bid on the project 5.6 UNFORESEEN PHYSICAL CONDITIONS Contractor shall immediately notify Owner and Engineer in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Promptly thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to' E~gineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ matepially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Change Order shall be issued incorporating the necessary revisions. SECTION 6 INSURANCE. AND BONDS. LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.1.1 General: The Contractor shall not commence work under this contract until he has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the OWner.and Engineer. The Contractor shall not allow any Subcontractor to commence work on his subcontract until all insurance required for the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days written notice to the Owner and Engineer of intent to cancel. GeneraliS pecs/Condtns.gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 13 - Certificates of insurance shall be submitted on StandafdFormC.ICC.-701 otACORD25forms and shall specifically note the clause providing for 30 day written notice. to the OWrietaridEhgineer of intenno cancel. This clause shall read asfoll6ws: "Should any of the above described policiesbeicancelled before theexpirationdatethereof,cthe issuing company will mail 30 days written notice;to the certificateih6IdernamedtotheHeft." 6.1.2 W orkman's'Com!>ensation.& Employer Liability Insurance:.. TheContractorshaHsecutefand maintain during the life of this Contract, Workman's Compensation and Employer's Lil:ibility Insurance as required by law for all his employees to be engaged directlr()r~~~i~~~~l)li~t~e~?rk on the project under this Contract. In case any work is sublet, the Contractor)sD.aIl;I'e~~irethe Subcontractor to similarly provide Workmen's Compensation and Employer's Liability. Il1surancefor all the latter's employees to be engaged directly orindirectlyirt such work. The Contractotshall;also maintain insurance required under any other Empl6yeeBenefitActsinforceorrequired:by:.law at the site of construction. 6.1.3 Contractor Comprehensive General & Autoll1obileLiability:TheContractorshalltprocure>and maintain during the life of this Contract, Conttactor'sComprehensive Generalj.and)Auto~~bile Liability Insurance which shall protect him from claims for damages for personalinjuryrincluding accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himselfor.byanySllbcoritrl:ictot()f!JjYr~Y()n~.airectly or indirectly employed by either of them. The insuranc!e shall be in amounts listed.belowimd shall provide covera.ge under the following hazards: 1. Operations of Contractor. 2. Operations of Subcontractor (Contingent). 3. Products, including completed operations. ..: This insurance is to be carriedforarperiod of one year after completion or acceptance of the work. 4. Contractual Liability (See Section 6.1.5). . 5. Property Damage. 6. Broad Form Property Damage. 7. All Owned, Non-Owned and Hired Vehicles. Minimum Limits - General Liability L Bodily injury $500,000.00 each occurrence $500,000.00 completed operations GeneralfSpecsJCondtns.gen . @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc.. - 14 - 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate Minimum Limits - Automobile Liability 1. Bodily injury $250,000.00 each person $500,000.00 each occurrence 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate It is required that basic exclusions for damage caused by explosion, collapse and damage to underground facilities, com)1lOnly known as X, C, U exclusions, be removed from the policies and so indicated as covered in the declaration and on certificates of insurance. This provision of the Conditions of the Contract will be waived on above ground projects where hazards of explosion andlor~ollapse do not exist. The. exclusion of explosion Will be allowed on underground projects where blasting is not required. In addition to all of the listed coverages, the Contractor shall procure and maintain an Umbrella Excess Liability Policy in a.minimum limit of $1,000,000.00. Any Umbrella Excess Liability policy in excess of $1,000,000 may be utilized to meet the above listed basic coverages. 6.1.4 Builder's Risk Insurance: Before commencement of the Work, the Contractor shall provide Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider to include as Additional Named Insureds, the Owner, the Engineer and his consultants, and each of their officers, employees and agents, all Subcontractors, the equipment Contractors and all of their Subcontractors on the construction premises. Such insurance may have a deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed $1,000.00. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and building only. The requirements of this section shall be waived on projects involving only underground utilities, grading, street improvements and similar construction . work, but any damage or loss to property shall be the sole responsibility of the Contractor until final acceptance of the Work. If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to substantia! completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or.policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. GeneraliS pecs/Condtns .gen @ 1996 Bonestroo. Rosene, Anderlik & Associates. Inc. - 15 - The Owner and Contractor waive all rights against each other and the Subcontractors and their agents and employees and against the Engineer and separate Contractors (if any) and their Subcontractors' agents and employees, for damages caused by fire or other perils to the extent covered by insurance provided under this section or any other property insurance applicable to thework. 6.1.5 Contractural Liabilitv Insurance: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees frOIn and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that.any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or persondescriOed in this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor Or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.1.6 Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shan be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. 6.1.7 Boiler Insurance: If a permanent boiler is to be installed as part of the project, the Owner will be responsible for maintaining all boiler and machinery coverage. This coverage will De placed in effect when the equipment is ready for inspection and operation. This coverage shail include the interests of the Owner, the Contractor, Subcontractors and Sub-Subcontractors. 6.2 PERFORMANCE AND OTHER BONDS 6.2.1 Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. Contractor shall also rurnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the state where the Project is located, and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, u.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. General/S pecslCondtns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 16 - 6.2.2 If the Surety on any Bond furnished by Contractoris declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of clauses (A) and (B) of Paragraph 6.2.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to Owner. 6.3 PATENTS. FEES AND ROYALTIES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in conneCtion with any alleged infringement of such rights. 6.4 PERMITS AND LICENSES All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, governmental charges and inspection fees. 6.5 LAWS. REGULATIONS AND SAFETY 6.5.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contractor observes that the Specifications or Drawings are at variance therewith, he shall give Engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contractor performs any Work knowing or being in a position to know it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Engineer, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations. 6.5.2 Contractor shall be responsible for initiating, maintaining and supervlSlng all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (a) All employees on the Work and other persons who may be affected thereby; GenerallS pecs/Condtns. gen (Q 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 17 - (b) All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and (c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures ahd utilities not designated for removal, relocation or replacement in the course of construction. 6.5.3 Contractor shall comply with <111 applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persohs or property or to protect them from damage,.injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 6.5.2(b) and (c) caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that Work is acceptable. 6.5.4 Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 6.5.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees against all claims, demands, losses, damages and expenses (including attomeys'fees) arising out of or resulting from the Contractor's violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. 6.6 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, colored lights andlorwatchmen and take all necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by colored signal lights which shall be kept in operation from sunset to sunrise. SECTION 7 ENGINEER-OWNER-CONTRACTOR RELATIONS: ARBITRATION: lNDEMNIFICATION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.1.1 Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. GenerallSpecslCondtns .gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 18 - 7.1.2 Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is. proceeding in accordance with the Contract Documef\ts. Engineer is not required to make exhaustive or continuous on-site inspections.to check the quality or quantity of the Work. On the basis of such visits and on-site observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 7.1.3 If Owner and Engineer agree, Engineer will furnish a resident project representative to assist Engineer in observing the performance of the Work. The Resident Project Representative shall work under the authority and direction of the Engineer. The duties and responsibilities of the Resident Project Representative shall not exceed those duties and responsibilities of the Engineer as set forth in the Contract. It shall be to the discretion of the Engineer to delegate to the Resident Project Representative those duties and tasks that are within the authority of the Engineer to perform. In general, the duties of the Resident Project Representative may consist of, but shall not be limited to, the following: 1. General contract administration. 2. Periodic observation of the work. 3. Unit price quantity and record plan measurements. 4. Schedule, perform and verify tests and inspections. 5. Monitor Contractor's progress performance. 6. Provide information for the Engineer's review and decision concerning disputes and defecti ve work. 7.1.4 Engineer will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided in Section 10 or Section 11. 7.1.5 Engineer will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as provided in Paragraph 8.10, whether or not the Work is fabricated, installed or completed. The Engineer shall not have charge of or control over the Work and shall have no authority to stop the Work. GeneraliS pecslCondtns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. - 19 - 7.1.6 Neither Engineer's authority to act under this Section 7 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercis uch authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subco any manufacturer, fabricator,. supplier or distributor, or any of their agents or employees person performing any of the Work. 7.1.7 If a Resident Project Representative is assigned to the project, Li.e purpose of his efforts shall be to provide a greater degree of assurance to the Owner that the Work is constructed in conformance to the requirements of the Contract. The Resident Project Representative's efforts are for the benefit of the Owner alone. Neither his authority to act nor his decision to exercise or not exercise such authority shall give rise to any duty or responsibility to the Contractor, any Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. The Resident Project Representatives authority shall not excee-d limitations on Engineer's authority as set forth in the Contract Documents nor shall the Resident Project Representative underta.1ce any of the responsibilities of Contractor, Subcontractors, or Contractor's Superintendent. 7.1.8 Whenever in the Contract Documents the tenns "as ordered", "as directed", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like effect or import are used to describe requirements, direction, review or judgment of Engineer as to the Work, it is intended that such requirements, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents. The use of any such term or adjective never indicates that Engineer shall have authority to supervise or direct performance of the Vlork or authority to undertake responsibility contrary to the provisions of Paragraphs 7.1.9 or 7.1. 10. 7.1.9 Engineer will not be responsible for Contractor's means, methoos, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and Engineer will not be responsible for Contractor's failure to perfonn the Work in accordance with the Contract Documents. 7.1.10 Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractors, or of the agents or employees of any Contractor or Subcontractor, or of any other persons at the site of otherwise performing any of the Work. 7.2. CONTRACTOR'S RESPONSIBILITIES 7.2.1. The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, quality of workmanship, sequences and procedures of construction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. GeneralfS pecs/Condtns .gen @ 1996 Bonestroo. Rosene, Anderlik & Associates. Inc. - 20- A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The sllperintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the Subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any Subcontractors. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman and workman employed by the Contractor or Subcontractor who does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall be removed immediately and shall not be employed again in any portion of the Work. 7.2.2. The Contractor's duties with respect to materials, equipment, inspection and workmanship are set forth in Section 8. 7.2.3. The Contractor's duties with respect to progress of the work are set forth in Section 3, paragraphs 3.6, 3.7, 3.8 and 3.9. 7.2.4. The Contractor' duties with respect to insurance and bonds,.1egal responsibility and safety are set forth in Section 6. 7.3. OWNER'S RESPONSIBILITIES 7.3.1. The Owner shall issue all communications to the Contractor through the Engineer. 7.3.2. The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments as provided tothe Contractor promptly after they are due. 7.3.3. The Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraph 5.1 and 5.3. The Owner shall make available to the Contractor copies of reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the Engineer in preparing the drawings and specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 7.3.4. In connection with the Owner's rights to request changes in the work in accordance with Section 10, the Owner (especially in certain instances as provided in paragraph 10.4) is obligated to execute Change Orders. GeneraliS pecs/Condtns. gen @ 1996 Bonestroo, Rosene. Anderlik & Associates. Inc. - 21 - 7.3.5. The Owner's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 8.10.2. 7.3.6. In connection with Owner's rightto stop work or suspend work. see paragraphs 8.17 and 12.1. Paragraph 12.2 deals with the Owner's right to terminate services of the Contractor under certain circumstances. 7.4 ASSIGNMENT OF CONTRACT The Contractor shall neither sublet. sell. transfer. assign or otherwise dispose of the Contract or any portion thereof. or of his right, title or interest therein. or his obligations thereunder. nor. if this Contractor is a corporate entity. sublet. sell, transfer or assign a majority of the outstanding shares of stock in the corporation, without prior written consent of the Owner. iT} case written consent is given, the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall perform, with his own organization, Work amounting to not less than 50 percent of the total original contract price. No subcontracts or transfer of contract or corporate stock shall release the Contractor of his liability under the Contract or Bonds. 7.5 RIGHTS OF VARIOUS INTERESTS Wherever Work being done by the Owner's forces or by other Contractors is contiguous to Work covered by this Contract, the respective rights of the various interests involved shall be established by agreement to secure the completion of the various portions of the Work in general harmony. 7.6 SEPARATE CONTRACTS The Owner may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their Work. It shall be the Contractor's responsibility to inspect all work by other Contractors affecting his Work and to report to the Engineer any irregularities which will not permit him to commence or complete his work in a satisfactory manner. His failure to notify the Engineer of such irregularities shall indicate the work of other Contractors has been satisfactorily completed to receive his Work. The Contractor shall not be responsible for defects of which he could not have known through reasonable inspection thereof, which develop in the Work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Engineer immediately any difference between completed work by others and the Drawings. GeneraliS pecs/Condtns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 22- 7.7 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner or Engineer and any Subcontractor, and no Subcontractor shall have any rights under this Contractor's agreement with the Owner. The Contractor's award of subcontracts shall be subject to the following: 7.7.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the \V ork. Subcontractors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute against whom Owner or Engineer may have reasonable objection. A Subcontractor or other person or organization identified in writing to Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Award will be deemed acceptable to Owner and Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or Engineer to reject defective Work. If Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by Contractor after the Notice or Award, Contractor shall submit another acceptable Subcontractor at no change in the Contract Price. Contractor shall not be required to employ any Subcontractor, other person or organization against whom Contractor has reasonable objection. 7.7.2 Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and.of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner. or Engineer and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner or Engineer to payor to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. Owner or Engineer may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 7.7.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 7.7.4 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by paragraph 6.1.4. Contractor shall. pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to paragraph 6.1.4. GeneraliS pecslCondtns .gen (9 1996 Bonestroo. Rosene. AnderIik & Associates. Inc. - 23- 7.8 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the tenns or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed upon waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 7.9 NONDISCRIMINATION IN EMPLOYMENT For Work under these Contract Documents, the Contractor agrees: (a) That in the hiring of common or skilled labor for the perfonnance of any work under this Contract or any subcontract hereunder, no Contractor, material supplier or vendor shall, by reason of race, creed, color or national origin, discriminate againstthe person or persons who are qualified and available to perform the Work to which such employment relates; (b) That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or pe~sons, or on being hired, prevent or conspire to prevent any person or persons from the perfonnance of the Work under this Contract on account of race, creed, color or national origin. (c) Violation of this section shall be cause for cancellation or termination of the Agreement between Owner and Contractor. 7.10 DECISIONS ON DISAGREEMENTS 7.10.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Engineer for decision which he will render in writing within a reasonable time. 7.10.2 Any claim, dispute, disagreement crother matter that has been referred to the Engineer, except any which has been waived by the making or acceptance of final payment, shall be subject to arbitration under Paragraph 7.11 below upon the written demand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of the date on which the Engineer has rendered his written decision, or the tenth day after the parties have presented their evidence to the Engineer or have been given a reasonable opportunity to do so, if the Engineer has not rendered his written decision by that date. GenerallSpecs/Condtns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 24- 7.10.3 If a decision of the Engineer is made in writing and states that it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision may be made later than thirty days after L'1e date on which the party making the demand received the decision. The failure to demand arbitration within said thirty days' period will result in the Engineer's decision becoming final and binding upon the Owner and the Contractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to the parties concerned. 7.11 ARBITRATION 7.11.1 All claims, disputes and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, or barred by failure to demand arbitration within L'1e time limits specified, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Pre-arbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Procedure. No arbitration relating to the Contract Documents shall include by consolidation, joinder or otherwise, any person or entity (including the Engineer), not a party to this Agreement without the written consent of such other person or entity. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 7.11.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Engineer. The demand for arbitration shall be made within the time limits specified and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations. 7.11.3 The Contractor shall carry on the Work and maintain the progress schedule during any arbitration or other legal proceedings, unless otherwise agreed by him and the Owner in writing. 7.12 INDEMNIFICATION To the fullest extent pennitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone ror whose acts any or them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. GeneraliS pecslCond inS. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 25- In any and all claims against tie Owner or the Engineer or. any of Lieir agents or employe~s by any employee oftheContractor, any Subcontractor, anyonedirectlyorindirectIyemployedpy:any:pf them or anyone for whose acts any ofthem maybe liable, the indemnific~tionobligati()Ill1ncI.~r:this Section shall not be limited. in any way by any Iimitationontheamount JJf typ~Qfy:cI~a.g~s, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee SECTION 8 MATERIALS. EOUIPMENT. INSPECTION AND WORKMANSHIP 8.1 MATERIALS AND EOUIPMENT FURNISHEDHY CONTRACTOR 8.1.1 Contractor shall furnish all materials, equipment, labor,transportation,construc;tion~qyiplTIe:I1t and machinery, tools, appliances, fuel, power, light, heat, telephone,w.ater and sanitaryfaqUitie:sand all other facilities and incidentals necessary forthe execution, t~sting,jnit~IlI:9Pe:1'a.ti9nyaI1d completion of the Work. 8.1.2 All materials used in the Work shall be of good quality, new unless 0ti1erwise:pr9yicie:df:fol'>in the Contract Documents, shall meet the requirements of the Specifications, and shall not be incorporated into the Work until furnish satisfactory evidence materials and equipment. 8.1.3 All materials conditioned in accordance with the or distributor, except as otherwise provided in the Contract Documents. 8.2 . BOUIV ALENT MATERIALS A.ND EQUIPMENT Whenever materials or equipment are specified or described in the Drawingsor~pyqifi(;ation~ by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish thetype,.functionanq;qua.li1:y:reqyir~d. Unless the name is followed by words indicating. that no su,bstitutioni~pefI11ige:.dfti.J::1:l..~te:l'ial~:pr equipment of other manufacturers, fabricators, suppIiersordistribu~()l'smaYl?ea(;qept~cibygJ:lgi~e:~r if sufficient information is submitted by ContractortoaUow Engin~el' todetefI11in~:tl111ttl1e:)m~~et;i~l or equipment proposed is equivalent to that named. The.proc;edure for r~yie:.V{by:gJ:lgiJ:lee:r>V{illpe as set forth in paragraphs 8.2.1 and 8.2.2 below as supplemented in the G~nel'al.andiSpec:ific Requirements. GenerallSpecslCondtns.gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 26- 8.2.1 Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment Contractor shall make written application to Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The.application will state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by Engineer in evaluating the proposed substitute. Engineer may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. Engineer will be the sole judge of acceptability, and no substitute will be ordered or installed without Engineer's prior written acceptance. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 8.2.2 Engineer will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by Contractor and in making changes in the Drawings or Specifications occasioned thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating any proposed substitute. 8.3MA TERIALS FURNISHED BY OWNER 8.3.1 Materials specifically indicated shall be furnished by the Owner. Before incorporating any of the materials into the Work, the Contractor shall inspect the materials so furnished by the Owner. If the Contractor discovers any patent defects in material furnished by the Owner, he shall notify the Engineer. 8.3.2 Unless otherwise noted or specifically stated, materials furnished by the Owner are considered to be Lo.b. the nearest railroad station or truck line. The Contractor shall transport the materials to the job site, unload and properly protect all such materials from damage or loss. The Contractor shaH be responsible for material loss or damage after receipt of materials at the point of delivery. 8.4 STORAGE OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and/or they shall be placed under cover and not on the ground. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the Owner or lessee thereof. GeneraliS pecslCond tns .gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. 1nc. - 27 - 8.5 SAMPLES All samples called for in the Specifications or required by the Engineer shall be furnished by the Contractor and shall be submitted to the Engineer for his review. Samples shall be furnished so as not to delay the commencement or completion of the Project. The Contractor shall furnish such samples of material as may be required for examination and testing. All materials and workmanship shall be in accordance with approved samples. All samples of materials for tests shall be taken according to methods provided for in the Specifications. 8.6 FURNISHING OF PRODUCT DATA Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 8.6.1 The Contractor shall furnish one copy, or such additional copies as may be required by the Special Provisions, of complete Product Data for every manufactured item of equipment and all components to be used in the Work, including specific performallce data, material description, rating, capacity, working pressure, material gage or thickness, brand name, catalog number and general type. 8.6.2 This data shall be compiled by the Contractor and reviewed by the Engineer before any of the equipment is ordered. 8.6.3 All data shall be indexed according to specification section and paragraph for easy reference. 8.6.4 After review, this data shall become a part of the Contract, and may not be deviated from except upon written approval of the Engineer. 8.6.5 Product Data for equipment reviewed by the Engineer does not in any case supersede the Contract Documents. The review by the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications unless he has in writing called the Engineer's attention to such deviations at the time of furnishing said data. Nor shall such review relieve the Contractor from responsibility for errors of any sort in the items furnished. The Contractor shall check the Work described by the Product Data with the Contract Documents for deviations and errors. 8.6.6 It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes or equipment that the final installation shall suit the intent and meaning of the Drawings and Specifications. 8.6.7 Where equipment requiring different arrangement of connections from those shown is allowed, it shall be the responsibility of the Contractor to install the equipment so as to allow for proper operation and in harmony with the intent of the Drawings and Specifications, and to make all changes in the work required by the different arrangement of connections. GenerallSpecs/Condtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 28- 8.6.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine if they are in harmony with the requirements of the Project and with the provisions or the Contract Documents and after he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. In submitting the Product Data, the Contractor certifies that the work represented by the data has been coordinated with the Contract Documents and all relevant field conditions. 8.7 QUALITY OF EQUIPMENT AND MATERIALS 8.7.1 In order to establish standards of quality, the Engineer, in the Specifications, has referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design unless otherwise specifically stated in the Specifications (see Section 8.2 for substitution procedure). If a product referenced by catalogue name or number is no longer available, Contractor shall recommend to Owner and Engineer another product of comparable quality. 8.7.2 The Contractor shall furnish the complete list of proposed desired substitutions prior to executing the Agreement, together with such engineering and Product Data as the Engineer may reqUIre. 8.7.3 The Contractor shall abide by the Engineer's recommendation when proposed substitute materials or items of equipment are not recommended for installation and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual traaes or material suppliers. The Engineer will review proposed substitutions and make his recommendation in writing within a reasonable time. 8.8 SHOP DRAWINGS 8.8.1 The Contractor shall provide Shop Drawings, settings, schedules and such other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Engineer's instructions. Deviations from the Drawings and Specifications shall be called to the attention of the Engineer at the time of the first submission of Shop Drawings and other drawings for approval. The Engineer's review of any drawings shall not release the Contractor from responsibility for such deviations. 8.8.2 Shop Drawings shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. By submitting the Shop Drawings, the Contractor certifies that the work represented by the Shop Drawings has been coordinated with the Contract Documents and all relevant field conditions. GeneraliS pecsfCondtns .gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 29- 8.8.3 Shop Drawings shall be submitted according to the following schedule: (a) Not less than three copies or such other number of copies as may be required by the Special Provisions shall be submitted with reasonable promptness and in such sequence as to prevent delay of the Work. (b) The Engineer shall, within fourteen (14) days of the submittal one copy to the Contractor marked with Engineer's comments. (c) The ContractorshalHhen Drawings to conform to the comments.made by the Engineer. (d) Following completion of such corrections or.changes~.the resubmit to the Engineer the required number of copies ofthereyised 8.8.4 Engineer will review with reasonable promptness Shop Drawings samples, but Engineer's review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. Contractor shall make any corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Contractor's stamp of approval on any Shop Drawing 1 constitute a representation to Owner and Engineer that Contractor has either determined an verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that Contractor has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the 8.8.5 Where a Shop Drawing or sampleisrequired by the:Specifications,n()Jela.t~d'\\Tq~k s~.al;1 be commenced until the submittal has been reviewed.by Engineer, 8.8.6 Engineer's review of Shop Drawings.or saIuplesshall not Contractor. Jrom responsibility for any deviations from the Contract Documents unlessc;on~r'ilctRrha.sipY'~iting called Engineer's attention to such deviation at the time. or: sllbmis~iona.Il<:l(~Il~iIlS~~.~~egiven written concurrence with the specific deviation, nor shall any concurrence by Engineer relieve Contractor from responsibility forertorsor omissions in the. Shop Dra'vVin.gs. 8.9 ACCESS TO AND OBSERVATION OF WORK 8.9.1 Engineer and Engineer's representatives, other representativesofOwner,testingagengie.~.and governmental agencies with jurisdictional interests willhave.access to theWorkatre<.lSOl1ableJimes for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. GeneraliS pecslCondtns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 30- 8.9.2 All materials and equipment and each part or detail of the Work shall be subject at all times to observation by the Engineer and the Owner, and the Contractor will be responsible for strict adherence to the intent of the Contract Documents in regard to quality of materials, workmanship, and the diligent execution of the Work. Such observations may include mill, plant, or shop inspection, and any material furnished under these Specifications is subject to such observation. The Engineer and Owner shall be allowed access to all parts of the V/ork and shall be furnished with such information and assistance by the Contractor as is required to make such observations. 8.10 TESTS AND INSPECTIONS 8.10.1 Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. 8.10.2 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer the required certificates of inspection, testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by Owner (unless otherwise specified). 8.10.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable to Owner or Engineer. 8.10.4 If any Work that is to be inspected, tested or approved is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover such Work and Engineer has not acted with reasonable promptness in response to such notice. 8.10.5 Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from his obligations to perform the Work in accordance with the Contract Documents. GenernllS pecs/Condtns. gen @ 1996 Bonestroo, Rosene. Anderlik & Associates. Inc. - 31 - 8.11 UNCOVERING 'NORK If any Work is covered contrary to the written request of Engineer, itlil11st, ifreque?te4hY:EI1gineer, be uncovered for Engineer's observation and replaced at Contractor's expense; .IfEI1giI1~erc:p~~iders it necessary or advisable that covered W prkbevisually examined by Engineeror.in~p~gte47or.tt;Sted by others, Contractor, a! Engineer's request, shall uncover, expose or otherwis~Ill.<l~e<lyaJl<lRl.~ for observation, inspection or testing as Engineer may reqilire, thatportioI1oftl1eWPfl.s iI1ql.l~~tion, furnishing all necessary labor, materialand.equipment. lfit is found thatsuchc\\00*j~;4~f~g!:ive, Contractor shall bear ail the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for ad4itioI1a.lPJ."()f~ssi()nal services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, Contractor shall be allowed an. increase i nthe ContractJ?f~ge;Qga.n ex~~n~ion of the Contract Time, or both, directly attributable to such uncovering, exp()sur~,()bse.rvation, inspection, testing and reconstruction if he makes a claim therefor as provided herein. 8.12 CUTTING AND PATCHING The Contractor shall do all necessary cutting, fixing orpatchingof the "Workthatmay R~.r~qllired to make its several parts fit together properly,ort(). properly recei:yethe :Workof'tllt;Y(lfi()1l~!~t<l4es, or, as required by the Drawings and Specifications, to completetheWork.I-I~shallI~~~RJ."y(a.l1~l.lch cut or patched work as approved by theEngineer.Cuttingof~xistingstruc~ure.thatshillleg4.<lI1ger the Work, adjacent property, workmen or the public shall not be done. 8.13 WARRANTY AND GUARANTEE Contractor warrants. and guarantees to Owner.and EI1gine~J."thatalLWof~,iI191l.l4ingwatt~ill?!and equipment, will be in accordance with the Con~ract ])oquments and \VillI1ot be feul~Y;RF~tfystive. Prompt notice of all def'ects shall be given to C()ntractor up()n discoveryr..An..d~tyqti:yy..Work, whether or not in place, may be rejected, corrected or accepted as provided in paragraph 8.15 and 8.16; This warranty and guarantee shall be in addi!:ion to <lI1dnot in limitiltion.of anY.()~h~r!\VarI7.ilnty or guarantee required bylaw or by these C()ntractDocuments, including the pr()vision?ptpa.ragraph 8.14. 8.14 TVVO YEAR CORRECTION PERIOD If.within two years after the date of final acceptanqe.ofth~ project by thy ().wneror.such1onger period of time as may be prescribed by la\V.orby the terms of any applicably.spegi<.il.gt1era.ntee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with non-defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, of Engineer or others, shall be paid by Contractor. This obligation shall survive any termination of the Agreement between Owner and Contractor. GeneraJ/S pecslCondtns .gen @ 1996 BonestIoo, Rosene, Anderlik & Associates, Inc. - 32- 8.15 CORRECTION OR REMOVAL OF DFFECTIVE WORK If required by Engineer, Contractor shall promptly, without cost to Owner and as specified by Engineer, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with non-defective Work. 8.16 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. 8.17 OWNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 8.18 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct the defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 8.15, or if Contractor fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), Owner may, after seven days' written notice to Contractor, and Contractor's Surety, correct and remedy any such deficiency. In exercising its rights under this paragraph, Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount reviewed by Engineer, and such amounts shall be deducted from the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of. the Work attributable to the exercise by Owner of Owner's rights hereunder. GeneraliS pecs/Condtns.gen G 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 33 - SECTION 9 MEASUREMENT. PAYMENT AND PROJECT ACCEPTANCE 9.1 DET AlLED BREAKDOWN OF CONTRACT AMOUNT Except in cases where unit prices form the basis for payment under the Contract Documents, the Contractor shall, within ten (10) days of receipt of the Contract Documents, submit an itemized breakdown of the Contract Amount having the value, including an allowance for profit and overhead, assigned to each part of the Work. Unless the breakdown of the Contract Amount is objectedto by the Owner, it shall be used as the basis for all Requests for Payment. 9.2 REOUESTFORPAYMENT The Contractor may submit periodically, but not more than once each month, a Request for Payment for Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the foHowing: (a) The Contractor shall submit evidence to establish the Owner's title to such materials. (b) Acceptable provisions have been made for storage. (c) The Contractor shall provide and maintain insurance against a!1loss, theft, vandalism, damage and similar peril for the full value of the stored material. The insurance on the stored material shall name the Owner as insured. Each Request for Payment shall be itemized and computed from the Work completed on all items listed on the Detailed Breakdown of Contract Amount. \Vhere unit prices are specified, the Request for Payment shall be based on the quantities completed. The Owner shall pay to the Contractor an amount not to exceed 95% of the amount earned under the Contract subject to the approval outlined in Section 9.3 and the provisions of Section 9.4 and 9.5. However, when the Work required under the Contract is 95% or more completed, upon recommendation of the Engineer, such portions of the retained money shall be released as the Owner determines are not required to be retained to protect the Owner's interest in satisfactory completion of the Contract. At the option of the Contractor, retain age shall be paid to the Contractor in accordance with the following: The Contractor may deposit bonds or securities with the Owner or in any bank or trust company to be held in lieu of cash retainage for the benefit of the Owner. In that event, the Owner shall reduce the retainage in an amount equal to the value of the bonds and securities and pay the amount of the reduction to the Contractor. The interest on the bonds or securities shall be payable to the Contractor as it accrues. Bonds and securities deposited or acquired in lieu of retainage shall be of a character approved by the state treasurer including, but not limited to: a. Bills, certificates, notes or bonds of United States; b. Other obligations of the United States or its agencies; GenerallS pecs/Condtns. gen @ 1996 Bonestroo. Rosene, Anderlik & Associates, Inc. - 34- c. Obligations of any corporation wholly owned by the federal government; and d. Indebtedness of the Federal and National Mortgage Association. If the Owner incurs additional costs as the result of the exercise of the option described in this paragraph, the Owner may recover the costs from the Contractor by reducing the final payment due under the contract. As work on the contract progresses, the Owner shall, upon demand, inform the Contractor of all accrued costs. 9.3 ENGll\TEER'S ACTION ON A REQUEST FOR PAYMENT Within ten (10) days of submission of any Request for Payment by the Contractor, the Engineer shall recommend to Owner: (a) Approval of the Request for Payment as submitted; or, (b) Approval of such other amount as Engineer shall consider is due the Contractor, informing the Contractor in writing of his reasons for recommending approval of the modified amount; or, (c) Withholding of the Request for Payment, informing the Contractor in writing of his reasons for recommending withholding of the Request. 9.4 OWNER'S ACTION ON AN APPROVED REOUEST FOR PAYMENT Within thirty (30) days from the date of recommending approval of a Request for Payment by the Engineer, the Owner shall: (a) Pay the Request for Payment as recommended by the Engineer. (b) Pay such other amount in accordance with Section 9.5 as Owner shall decide is due the Contractor, infonning the Contractor and the Engineer in writing of the reasons for paying the modified amount. (c) Withholding payment in accordance with Section 9.5 informing the Contractor and the Engineer in writing of Owner's reasons for withholding payment. 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.5.1 The Owner may withhold payment in whole or in part to the extent necessary to protect itself from loss on account of any of the following causes: (a) Violation of any of the terms of the Contract Documents. (b) Defective work not remedied, or completed work which has been damaged. (c) Reasonable evidence indicating potential filing of claims by other parties against the Contractor or Owner. GeneraJ/S pecs/Condtns .gen @ 1996 Bonestroo. Rosene, Anderlik & Associates. Inc. - 35 - (d) Failure of the Contractor to make payments to Subcontractors, materialmen or suppliers. (e) Damage to the Owner or any other person. (f) ContractQr's unsatisfactory prosecution of the work. 9.5.2 When any of the above grounds for Which payment is beingwithheld.is..refu()".~;~;payment shall be made for the amount withheld. . 9.5.3 Should the Owner fail tOP<l~. aR.~~~e~t~orI'c~yment.withi~3.2?~~sfr?W~~5d~t~ of recommendation of approval by the Engineer and should he fail to inform the Engineer and Contractorin-writing of the reasons for withhoI9i~g; p~YlTI5nt, the9-wm~rs9~lg~y t()~95S~~.~r~c;tor simple interest on the past due amount at an annual rate equal to the mQntll1)'inqe~!()t.\().~g;.t5rm United States bond yields for the month prior to the month in which the obligation is incurred plus an additional one percent per annum. 9.6 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work, materials and equiPrn~nt;8;?\'5l"ed by any Application for Payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests and encmnbrances.(hereafter in these Conditions of the Contract referred to ~ "Liens"). 9.7 SUBSTANTIAL COMPLETION 9.7.1 When Contractor considers the entire Work ready for its intended use Contractor shall, in writing to Owner and Engineer, certify that the entire Work is substantially complete and request that Engineer issue a proposed Certificate of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving his reasons therefor. If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a proposed Certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the proposed Certificate a list of items ("punch list") to be completed or corrected before final payment. 9.7.2 Owner shall have seven days afterrec;eipt()ftheGertificateduIjn~.-whi8h?elIlfl.~~"fe written objection to Engineer as to any provisions of the Certificate or attached list. If, after considering such objections, Engineer concludes that th5.\yor~ is nOLsu~?tanti~1l~~~mg15t5ci~~~i~e~f'Ni1l within fourteen days after submission of the proposed Certificate to Owner notify Contractor in writing, stating his re.asons therefor. If,afterconsideration of Owner'sobjections'.A~g;in~5rconsiders the V/ork substantially complete, Engineer will within saidfourtee~..dayse~ec1ftea~qq51~\'5rto Owner and Contractor a final Certificate of Substantial Completion (with any revised list of items to be completed or corrected) reflecting such changes from the .propo~ed Sertitipate (is he believes justified after consideration of any objections from Owner. At the time of delivery of the proposed Certificate of Substantial Completioj} Engineer . willdeliyer.. to 9-w~er a?qSontI"~~tor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenanye, beat, utilities .and insurance. GeneraliS pecsfCondtns. gen <9 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 36- Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior to his issuing the final Certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner a..T1d Contractor until final payment. Owner shall have the right to exclude Contractorfrom the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8 PARTIAL UTILIZATION Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: 9.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a proposed Certificate of Substantial Completion for that part of the Work. 9.8.2 Within a reasonable time thereafter Owner, Contractor and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing gi ving his reasons therefor. If Engineer considers that part of the Work to be substantially complete, Engineer will execute and deliver to Owner and Contractor a proposed Certificate !bthat effect, fixing the date of Substantial Completion as to that part of the Work, attaching thereto a list of items to be completed or corrected before final payment. 9.8.3 Prior to issuing a Certificate of Substantial Completion as to part of the Work, Engineer will deliver to Owner and Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the final Certificate of Substantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. Owner shall have the right to exclude Contractor from any part of the Work which Engineer has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8.4 In lieu of the issuance of a Certificate of Substantial completion as to part of the Work, Owner may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided, that prior to any such takeover, Owner and Contractor have agreed as to the division of responsibilities between Owner and Contractor for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect of such facility. 9.8.5 No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of Section 6.1.4, Paragraph 3, in respect of property insurance. GenerallSpecslCondtns.ge n @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. - 37 - 9.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of aU particulars in which this inspection reveals that the Work is incomplete or defective. eontractor shall immediately take such measures as are necessary to remedy such deficiencies. 9.10 FINAL APPLICATION FOR PAYMENT After Contractor has completed all items to be completed or corrected to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents -- all as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to the provisions of Section 9.12), Contractor may make Application for Final Payment following the procedure for progress payments. The Final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could b d; a representation that all payrolls, material and equipment bills, and other indebtedness c ith the Work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and, consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor shall furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 9.11 FINAL PAYMENT AND ACCEPTANCE 9.11.1 If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the Final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor has fulfilled all of his obligations under the Contract Documents, Engineer will, within ten days after receipt of the Final Application for Payment, indicate in writing his recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to all applicable provisions of the Contract Documents. Otherwise, Engineerwi11 return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in wmch case Contractor shall make the necessary corrections and resubmit the Application. GeneraliS pecs/Condtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 38- 9.11.2 If the Application and accOIl1panying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's Final Application for Payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the \Vork fully completed and accepted. 9.11.3 If any remaining balance to be held by Owner for Work not fully completed or corrected is less than the retain age stipulated in the Agreement, and if Bonds have been furnished as required herein, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a Certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to Sections 9.10 or 9.11, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 9.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 9.13.1 A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Section 9.9 or from failure to comply with the Contract Documents or the terms of any special warranties or guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; and 9.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. GeneraliS pecs/Condtns .gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 39- SECTION 10 CHANGES IN. THE WORK 10.1 CHANGE ORDERS Without invalidating the Agreement, Ownermay, at anytime or froIIltimetotime,order additions, deletions or revisions in the Work; these willbe authorized by ChartgeOtders.UporifeCefptofa Change Order, Contractor shall proceed with the Work involved. All such Work shalFbeeXecuted under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of t~e COl1t~~~fti~~,.a~eq~~table adjustment will be made as provided in Section 10 or Section 11 onthe.basisof adaimmadeby either party. 10.2 FIELD ORDERS Engineer may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent withtheoverall intentofthe COl1tractDocUIIlents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor believes that a Field Ordetjllstifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefofasprovided herein. 10.3 UNAUTHORIZED WORK Additional Work performed without authorization of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. 10.4 ENGINEER RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Engineer covering changes in theW ork which are required by Owner, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or because of any other claim of Contractor for a change in the Contract Time or the Contract Price whichisi'ecorrimended by Engineer. 10.5 NOTICE OF CHANGE TO SURETY If notice of any change affecting the general scope ofthe Worker change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it willbeContractor~sfespohsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to Owner. GeneraliS pecslColldtns.gen @ 1996 Bonestroo. Rosene, Anderlik & Associates, Inc. - 40- 10.6 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Engineer written notice thereof within ten (10) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.7. No such claim shall be valid unless so made. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be referred to the Engineer in accordance with Paragraph 7.8. Any change in the Contract Sum resulting from such claim shall be authorized by Chailge Order. If the Contractor claims that additional cost is involved because of but not limited to (1) any written interpretation of the engineer, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or (4) failure of payment by the Owner, Contractor shall make such claim as provided in this Subparagraph. 10.7 WORK DURING AN EMERGENCY 10.7.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the Owner of the emergency and he shall not wait for the instructions before proceeding to protect both life and property. 10.7.2 Any additional compensation or extension of time claimed by the Contractor on account of said emergency work shall be determined under Paragraph 10.6. SECTION 11 CHANGE OF CONTRACT PRICE AND CONTRACT TII\I1E 11.1 CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for pelfonning the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. GeneraliS pecslCondtns .gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 41 - 11.2 CHANGE IN CONTRACT PRICE 11.2.1 Except where u it prices form the basis for payment under the Contract Documents, the Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to Ownerand~?~in~e:.\VitBinte~.S10}~~y~.g~the occurrence of the event giving rise to the claim. Notice of theamountofthec1aimwithsupponing data shall be delivered within thirty.. (30) days of such .. occ~rr~nceuIlI~ss EIl~in~~r~n~~~ all additional period of time to ascertain acc~rate cost data. All~1~ilI1s~?~~dj~stlI1~~~i?;tB~\~~?~fact Price shaU.be determined by Engineer if Owner and Contractor~~?otother'v\'ise~~~e2~~;the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated ii1 a Change Order. . 11.2.2 Where unit prices fonnthebasis ofpaYl1lent and the in the Proposal is increased or decreased, payment quantity completed, at the contract unit price for suchitern. 11.3 BASIS OF CHANGE The method of determining the cost or credit to the Owner resulting from a change in the work shall be determined and mutually agreed upon by Owner andContfactorinadvaIlceofperfonnance.ofthe change in work in one or more of the following ways: 11.3.1 By mutual acceptance of a lump sum properly itemized, 11.3.2 By unit prices stated in shall include an allowance for Contractor's 11.3.3 By actual cost of the changed work, plus an allowance for overhead, as defined as follows: and profit, 1. The "cost of the changed work" shall mean costs necessarily incurred in the proper performance of the changed work and paid by Contractor at rates not higher than the standard paid in the locality of the work (except with prior consent of the Owner) as more specifically defined as follows: a. The cost of the changed work shall include: (1 ) Wages paid. for laborin the direct employ ofContractorin~eperf?~~~~20~ the changed work in the field or in the fabrication shop underapplic~blecollecthre~~~~ning agreements or under a salary or wage schedule agreed upon by Contractor and 0wner; plus a payroll markup of 40 percent to cover all overhead items applicable to payroll, such as insurance, taxes, F.I.C.A., workmen's compensation, unemployment taxes, and union benefits. (2) Cost of all materials, supplies and equipment incorporated in the changed work. GeneraliS pecs/Condtns .gen @ 1996 Bonestroo. Rosene, Anderlik & Associates, Inc. - 42- (3) Cost, including maintenance of all. materials, supplies, equipment, temporary facilities and hand tools owned by workmen,. which are consumed in the performance of the changed work, and cost less salvage value on such items used but not consumed which remain the property of the Contractor. (4) Rental charges of all necessary machinery and equipment, exclusive of hand tools, used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, transportation ,and delivery costs thereof at rental charges consistent with those prevailing in the area. (5) Cost of additional premiums for all bonds and insurance which the Contractor is required by the Owner or contract documents to purchase and maintain and which is incurred as a result of performing the changed work. (6) Sales, use or similar taxes, related to the changed work and for which the Contractor is liable, imposed by any governmental authority. (7) Permit fees, royalties, damages for infringement of patents and costs of defending suits therefore, and deposits lost for causes either than the Contractor's negligence. (8) Losses and expenses, not compensated by insurance or otherwise sustained by the Contractor in connection with the changed work provided they have resulted from causes other than the sole or joint fault or neglect of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the Owner. No such losses and expenses shall be included in the cost of the changed work for the purpose of determining the Contractor's fees thereon. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof, he shall be paid for his services an additional fee computed in proportion to the sum stated above for the original changed work. (9) Cost of "drayage," exclusive of any drayage between shop and jobsite, only when Contractor must hire an independent trucking firm and driver to perform special drayage services in performance of the changed work for which Contractor's skills, manpower and vehicles are inadequate. "Drayage" does not include transportation performed or which could have been perfonned by Contractor's drivers or vehicles but for their use on another project. (10) Costs incurred due to an emergency arising out of the changed work affecting the safety of persons and property. (11) Other costs incurred in the perfonnance of the changed work if and to the extent approved in advance in writing by the Owner. GeneraliS pecs/Condtns .gen @ 1996 Bone.stroo. Rosene, Anderlik & Associates. Inc. - 43 - (12) Cost of Subcontractors in performing the Contractor's work as changed shall be computed in accordance with this paragraph 11.3.3, computed in accordance with clauses 11.3.1, .2, or.3. b. The cost of the changed work shall exclude: (1) Salaries or other compensation for Contractor's officers,executive,general managers, project managers, estimators, engineers, timekeepers, surveyots, mechanics, warehousemen, auditors,accountants,pll~chasing~ndcO~tracti?ga.ge~ts, draftsmen (except sheetmetal draftsmen), stenographers, receptionists, and other staff employees, whether or not employed at Contractor's principal office, branch office or field office at the job site. (2) Expenses of Contractor's principal office, branch office or job/site field office, including without limitation the expense for pickup trucks, office trailers, storage trailers, rental of office or storage space, telephone, heat;1ights,etc. (3) Ownership cost of maintenance expenses for Contractor-owned equipment, including without limitation all construction equipment;trucksl.ll1d vehicles, machines and all other owned equipment required for Contractor's perfonnance OftheWofk. (4) Cost for purchase and maintenance of t091s, materials, supplies and facilities not consumed during construction or incorporated in the work. (5) Contractor's capital expense, including interesfonContractof~scapitalemployed for the work. (6) Overhead or general expel1sesof any kiIld,illCludil1gbutriOtlimited to office or fabrication shop overhead or drafting alld printing cOsts; except as may be expressly included in clause 11.3.3.1a above. (7) Costs due to the negligence of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to injury or dama.ge to persons or property, thecortection of defective work, disposal of materials and equipment wrongly supplied, or making good any damage to property. (8) The cost of any item not specifically and expressly included in the terms described in clause 11.3.3.1a above. GenerallSpecs/Condtns.gen @ 1996 BoneSlroo. Rosene. Anderlik & Associates. Inc. - 44- 2. Aliowances for profit, overhead and nonreimbursable costs shall be computed as follows: a. For the Contractor: (1) A minimum of 5% up to a maximum of 15% (the actual rate dependent of the Contractor's performance and assumed risks as determined in the sole discretion of the Owner) of all reimbursable costs defined in clauses 11.3.3.1a (1) through (12) above, and (2) A minimum of 3% up to a maximum of 7% (as determined at the sole reasonable discretion of the Owner) for the work of Subcontractors supervised by the Contractor as computed in accordance with clause 11.3.3. No fee will be allowed on Subcontractor work not supervised by the Contractor. (3) For first, second, and other tier Subcontractors claiming compensation for changed work under clause 11.3.3.1(a) (12), their allowances shall be determined at the sole reasonable discretion of the Owner consistent with percentages in subclause (2) directly above. (4) The Owner shall have the right to examine, inspect, copy and audit the books and records of any Contractor or Subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctness, completeness and propriety of all costs and allowances claimed. 11.4 CHANGE OF CONTRACT TIl\1E 11.4.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to Owner and Engineer within ten (10) days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by Engineer if Owner and Contractor cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 11.4.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefor as provided in paragraph 11.4.1. Such delays shall include, but not be limited to, acts or neglect by Owner, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 11.4.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this paragraph 11.4 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. GeneraliS pecsfCondtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 45 - SECTION 12 SUSPENSION OF WORK AND TERMINATION 12.1 OWl\TERMAY SUSPEND WORK Owner may,.. at any time and without cause, suspend the not more than ninety daysby on which Work shall be resumed. Contractor shall resume the Work Contractor will be allowed an increase in the.ContractPrice orboth, directly attributable to any suspensionifhemakesa: 10 and 11. 12.2 OWNER MA Y TERMINATE 12.2.1 Upon the occurrence of anyone or more of the following events: (a) If Contractor is adjudged a bankrupt or insolvent, (b) If Contractor makes a general assignmentfor the benefit of creditors; (c) If a trustee orreceiverisappointedifor (d) If Contractor files a petition to take advantage of the bankruptcy or similar laws, (e) If Contractor repeatedly fails to supply sufficient skilledworkIfieuor or equipment, (f) If Contractor repeatedly fails materials or equipment, for labor, (g) If Contractor disregards laws, ordinances, rules, regulations orqrdersClf:anypublic body having jurisdiction, (h) If Contractor disregards the authority of Engineer, or (1) If Contractor otherwise violates iuany substantial way: any: prQvlsiqQ& Documents, Contract GeneraliS pecs/Condtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 46- Owner may after giving Contractor and his Surety seven days' written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the rull extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or ror which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is rinished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs or completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. 12.2.2 Where Contractor's services have been so tenninated by Owner, the tennination shall not affect any rights of Owner against Contractor then existing or which may therearter accrue. Any retention or payment or moneys due Contractor by Owner will not release Contractor rrom liability. 12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 12.2.4 If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor has not defaulted, the tennination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 12.3. 12.3 CONVENIENCE TERMINATION BY THE OWNER The Owner reserves the right to tenninate the Work under this contract in whole, or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is tenninated for convenience, the Owner shall give the Contractor written notice specifying the extent the Work of the Contract that is being terminated and the effective date of said tennination. Upon receipt of the notice of termination, the Contractor shall stop work on the date and to the.extent specified. The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further terminate. all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work terminated as completed to the termination date together with a reasonable profit on the completed Work, but no damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tangible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. GenerallSpecs/Condtns .gen @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. - 47 - 12.4 CONTRACTOR MAY STOP WORK OR TERJvHNATE If, through no act or fault of Contractor, the Work is suspended fora period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty days to pay Contractor any sum finally determined to be due, the Contractor may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to make any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. SECTION 13 MISCELLANEOUS 13.1 LTh1ITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding capacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for any loss, claim, or damage arising out of this agreement or the performance or breach thereof, shall be limited to the value of the work performed. 13.2 REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or aU of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. GenerallS pecs/Condtns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 48- 13.3 PUBLIC CONVENIENCE The Contractor shall at all times so conduct his w()rk.as to insure the least possible obstruction to traffic and inconvenience to the general public and.the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner and proper governmental authority. Fire hydrants on or adjacent to the Work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. 13.4 CROSSING UTILITIES. ETC. Where the prosecution of the Work results in the crossing of highways, railroads, streets or utilities under the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written permission rrom the proper authority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy of the written document granting permission shall be filed with the Owner and Engineer before any Work is done. The Contractor shall be required to obtain a written release from the applicable authority upon completion of the Work. A copy of this written release shall be filed with the Owner and Engineer before final acceptance of the Work is granted. 13.5 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary facilities for the use of his employees and those of his Subcontractors as may be necessary to comply with the laws, rules or regulations of the Federal, State and local governments, or agencies or departments thereof. 13.6 PRESERVATION OF HISTORICAL OBJECTS 13.6.1 Where historical objects of potential archeological or paleontological nature are discovered within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend his operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangements for their disposition or has recorded the desired data relative thereto. 13.6.2 The Contractor shall immediately notify the Owner of any historical objects he may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to be Extra Work shall be performed without the written authorization of the Owner. GeneraliS pecs/Condtns. gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 49- 13.6.3 The Owner shall have the right to restrict or suspend the Contractor's operations in the immediate area where historical objects are discovered for a period not to exceed 72 hours, without claim being made. by the Contractor for any damages. he might suffer asa.reSultXtllereoflAny restrictions imposed shall not rema.in in effect for a period exceeding 72 hbursunless mutually agreed to in writing. 13.7 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances,permitsorthereql.iirementsofithe Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. GenerallS pecslCondtns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 50- FORI\1 OF AGREElYIENT THIS AGREEMENT, made and signed this 25th day of April , 2001, by and between City of New Hope, hereinafter called the "Owner", and Don Zappa & Son Excavating, Inc. hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all the provisions of the drawings and specifications as prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., of St. Paul, Minnesota, and indicated below under ARTICLE IV, as provided by the Owner for: 60th Street Extension, Drainage and \Vatermain Private Drive Improvements, Bonestroo File No. 34-00-121 and to do everything required by this Agreement and the Contract Documents. ARTICLE II. The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before the completion date(s) as specified. ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to those in the accepted Contractor's Proposal on file, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $81,720.55 or Eighty-one thousand seven hundred twenty and 55/1 00 Dollars. ARTICLE IV. The Contract Documents shall consist of the following component parts: (a) Drawings (b) Specifications: (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Requirements; (4) Conditions of the Contract (General and other conditions); (5) Performance and Payment Bond; (6) Agreement; (7) Detail Plates and other drawings attached to specifications @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 51 \\2DA T A \EVEN\34\3400 121 \ W ord\Specifications\Contract_ Conditions\p51.61.doc General Construction Contract Between Owner & Contractor This Agreement, together with the document hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if attached hereto or herein repeated. IN WITNESS "WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: The City of New Hope (Seal) '1/ ~,?/ I , X 1.. i /\,l/'; - VI !'l. //lotL/U{ L./~~ v / !A..-. " - By By OWNER In the presence of: Don Zappa & Son Excavating, Inc~ BYZ:~/;~ Y /c- /..: //& .5 CONTRACTOR TITLE CERTIFICATE OF ACKNOWLEDGEMENT State of Minnesota ) /1 , ) SS. County oKJJtJllljL/-~<; L On this day, ill tL~;r f ,2001, before me personally appeared if) h )12/2-. tl~~c1L , t6 me personally known, being by me duly sworn, did say that he is the Representative of the City of New Hope, that the seal affixed to the foregoing instrument is the seal of sai<i<:ity of New Hope, and that said instrument was executed on behalf of the Owner, and said - i ;::&?~/2/Y{f-o.r\.../ acknowledged the instrument to be the free act and deed of said City of New Hope. ,) .~ / Signature of Notary Pu 31,20U5 @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 52 \\2DA T A \EVEN\34\340012\ \ W ord\Specifications\Contract_ Conditions\p51.61.doc General Construction Contract Between Owner & Contractor CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of ) On this _ day of ,2001, before me personally appeared , to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that _he executed the same as the free act and deed of the individual. (Notarial Seal) Signature of Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota On 2001, before me personally appearedAA , to me personally knO\vn who, being by me each did say that they are respectively the and Don Zappa & Son Excavating, Inc. that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors and said and acknowledged the instrument to be the free act and deed of the corporation. County of 1" L.....f..' r, ~..~n {"'j (I, f'" v,l(\\ t\ ", f,"j,,8t l g";t \&y jJ ,~ ,l' 'HA."," lJ \/ \/ '" Signature of Notary Public (Notarial Seal) l!i SHANNON MARIE SADLER' NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31. 2005 s @ 200 I Bonestroo, Rosene, Anderlik & Associates, Inc. 53 \\2DA T A \EVEN\34\3400 121 \ W ord\Specifications\Contract_ Conditions\p51-61.doc General Construction Contract Between Owner & Contractor Bond No. 929198572 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Don Zappa & Son Excavating, Inc. as Principal (hereinafter called Contractor) and, \.Jestern Surety Company as Surety (hereinafter called Surety) are held and firmly bound unto City of New Hope as Obligee (hereinafter called Obligee) in the amount of $81,720.55 or Eighty-one thousand seven hundred twenty and 55/100 Dollars for the payment whereof Contractor and Surety bind themselves, their. heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated April 18th ,2001, entered into a Contract with the Obligee for constmction of 60th Street Extension, Drainage and 'Vatermain Private Drive Improvements, Bonestroo File No. 34-00-121 in accordance with Drawings and Specifications prepared by Bonestroo, Rosene, Anderlik & Assoc., Inc. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perfom1 said Contract in conformance with the Contract Documents, and all guaranty, indemnity and warranty obligations specified therein, and shall promptly and faithfully remedy any breach of its obligations under the Contract Documents discovered within the time limits set by statute for commencement of actions, and shall pay any damages for unexcused late completion, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration, changes or extension of time made by the Obligee. Whenever the Contractor shall be, and declared by the Obligee to be 111 default under the Contract, the Surety may promptly remedy the default, or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or if appropriate, @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 54 \\2DA T A \EVEN\34\J400 121 \ W ord\Specifications\Contract_ Conditions\p51-61.doc General Construction Contract Between Owner & Contractor 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety, and Surety shall pay such bidder pursuant to such contract, while the Obligee shall pay the Surety the cost of completion, up to but not exceeding the balance of the contract price. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amouJ:?t paid by the Obligee to Contractor, of if appropriate, (3) Promptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor under the Contract Documents, or for the breach thereof, but not exceeding the amount set forth in the first paragraph hereof. The surety agrees to be bound by any award granted to the Obligee against the Contractor in arbitration or judicial proceedings commenced pursuant to the Contract Documents. No right of action shall accme on this bond to or for the use of any person or corporation other than the Obligee named herein or the successors of the Obligee. Signed and sealed this 25th day of April ,2001. Don Zappa & Son Excavating, Inc. C ont-raCfOi":::--4- BY~~ ~~ Signature /) .1/ / f!c' ~ ~ /71 ,,-2 d 17/9' (Typed or Printed name of Signer) Title Vie c' /Z-f.5_ By Title Signature @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. )) \\2DA T A \EVEN\34\3400 121 \ W ord\Specifications\Contract_ Conditions\p51 ,61.doc General Construction Contract Between Owner & Contractor (If the Contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond.) Surety Address Phone No. Title By (The attorney-in-fact shall attach hereto a copy of his power of attorney or other documents which authorizes him to act on behalf of and to bind the surety.) (Q 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 56 \\2DA T A \EVEl'.'\34\3400 121 \ W ord\Specifications\Contract_ Conditions\p51-61.doc General Construction Contract Between Owner & Contractor CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of ) On this _ day of ,2001, before me personally appeared , to me known to be the person described in and who executed the foregoing bond, and acknowledged that _he executed the same as the free act and deed of the individual. (Notarial Seal) Signature of Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota On this 2001, before me personally appeared and , to me personally ~own who, Qying by me duly sworn, say that they are respectively the and '!i iI' c;1l)n 1,)1') ;;a1.Ugof Don Zappa & Son. Excavating, Inc. that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instmment was executed in behalf of the corporation by authority of its Board of Directors, and said and acknowledged the instmment to be the free act and deed of said corporation. County of If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety Company. Name & Address of Agent Affixing Countersignature MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety. @ 200 1 Bonestroo, Rosene, Anderlik & Associates, Inc. 57 \\20A T A \EVEN\34\3400 121 \ W ord\Specifications\Contract_ Conditions\p51-61.doc General Construction Contract Between Owner & Contractor ~y Western Surety Company A Subsidiary of CNA Surety Corporation POWER OF AlTORNEY APPOINTING INDIVIDUAL AlTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Angela S. Cofield, Edythe C. Dankert, Laurie L. Hage, Roberta L. Hoskins, of Minneapolis, Minnesota its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed on this 30th day of March 2001 "-".UII"'fI',, ~~s~~!.t~~d~ !$/:~'10RA,....\9-. l~~~~A~~J \.",O(/i'HDr."'~' ~"tMl""" State of South Dakota County of Minnehaha } 55 On this 30th day of March 2001 before me personally came Stephen T. Pate, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. t............-.........-...............-...-...... + J J. MOHR j f S s ~NOTARY PUBLIC~f ~~SOUTH DAKOTA~i ~ My Commission Expires 10.22.2005 J +......~...~~~.........~.....................+ My commission expires October 22, 2005 q fY7~/L/ J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of lhe corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of ~~~~}~, ,f~./ ....0 ~ ~$/ ~'10flA,.>.\~\ ;t.i{~ ~t~i i\\.."spo p.."/~! \cft,r.".. /...."'~ ,?E.i'it-lir.+.Y' --..._"'" Form F4280-12-99 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Bond No. 929198572 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Don Zappa & Son Excavating, Inc. as Principal, (hereinafter called Contractor) and, Western Sure tv Company as Surety (hereinafter called Surety) are held and firmly bound unto City of New Hope as Obligee (hereinafter called Obligee) for the use and benefit of claimants as hereinbelow defined, in the amount of $81,720.55 or Eighty-one thousand seven hundred twenty and 55/100 Dollars, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. .WHEREAS, Contractor has by written agreement dated April 18th ,2001, entered into a Contract with Obligee for construction of 60th Street Extension, Drainage and \Vatermain Private Drive Improvements, Bonestroo File No. 34-00-121 in accordance with Drawings and Specifications prepared by Bonestroo, Rosene, Anderlik & Associates, Inc. which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and shall keep the Proj ect free and clear of all liens as provided in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond claim for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include without limitation that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance premiums, taxes, and any items for which a claim or lien may be filed against the Obligee under the applicable law. 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. @ 2001 Bonestroo, Rosene, Anderlik & Associates, Inc. 58 \\2DA T A \EVEN\34\3400 121 \ W ord\Specifications\Contract_ Conditions\p51-61.doc General Construction Contract Between Owner & Contractor 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant shall have filed a public contractors bond claim in the form and within the time provided under applicable law, or (b) After expiration of time for enforcement of a public Contractors bond claim by legal action. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remove any and all liens filed against the Project by claimants. 6. The Obligee's right of action on this bond, or for the breach thereof, shall not be limited by the conditions set forth in paragraphs I through 3 above. Don Zappa & Son Excavating, Inc. Contr r By ~. /7~~ I ~gnature n - - /7.'1/ / He r_ '( (7'1 ,2:/J //7/J- (Typed or Printed name of Signer) Title 1./ Ie ;::- ?J ,7 /2 J By (If the Contractor is a partnership or joint venture, partners or co-venturers must execute this Bond.) @ 200 1 Bonestroo, Rosene, Anderlik & Associates, Inc. 59 \\20A T A \EVEN\34\J400 121 \ Word\Specifications\Contract_ Conditions\p51-61.doc General Construction Contract Between Owner & Contractor (If the Contractor is a partnership or Jomt venture, all partners or co-venturers must execute this Bond.) Title (The a copy power of attorney or other documents which authorizes him to act on behalf of and to bind the surety.) @ 200 1 Bonestroo, Rosene, Anderlik & Associates, Inc. 60 \\2DA T A \EVEN\34\3400 121 \ W ord\Specifications\Contract_ Conditions\p51-61.doc General Construction Contract Between Owner & Contractor CERTIFICATE OF ACKNOvVLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of ) On this _ day of ,2001, before me personally appeared , to me known to be the person described in and who executed the foregoing bond, and acknowledged that _he executed the same as the free act and deed of the individual. (Notarial Seal) Signature of Notary Public CERTIFICATE OF ACK1~OWLEDGMENT (For use where Contractor is a corporation) State of Minnesota n On this day and that they are respectively the and of Don Zappa & Son Excavating, Inc. that the seal affixed to the foregoing instmment is the corporate seal of said corporation, and that said instmment was executed in behalf of the corporation by authority of its Board of Directors, and said and acknowledged the instrument to be the free act and deed of said corporation. /} rJ. 0, (J 1/' 6}~-Yt f\fY)[)/~10\llJJL/1 (Notarial Seal)Notary Public n, A/\~. I~ u/\zS)~\LjJ..J:?-...~!,=,UG 'r=1 ; {'-'* \~\ County of Full Name, Address, Phone & Contact Person of Local Bond Agency If this bond is executed outside of the State of Minnesota, it must be countersigned by a Minnesota resident agent of the Surety Company. Name & Address of Agent Affixing Countersignature MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety. liil SHANNON MARIE SADLER , NOTARY PUBUC-MINNESOTA ct ~5g~~~~~~r~5f?8o~1, 2005 liiI General Construction Contract Bet:\veen Owner & Contractor ~w Western Surety Company A Subsidiary of CNA Surety Corporation POWER OF AlTORNEY APPOINTING INDIVIDUAL AlTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Angela S. Cofield, Edythe C. Dankert, Laurie L. Hage, Roberta L. Hoskins, of Minneapolis, Minnesota its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed on this 30th day of March 2001 ~",\lll,"",,, ~~:~~~~~d{." tE,<'<-'?O~;'..~ \'\:::SE: A~1~) \:'I'd((- /0" ~ "'... 7HIi~Y..." lW,ntn..1llf" State of South Dakota } 5S County of Minnehaha On this 30th day of March 2001 , before me personally came Stephen T. Pate, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. +.................................._.._...--... + I J.MOHR f s s s ~NOTARY PUBLIC@i ~~ SOUTH DAKOTA S ~ My Commission Expires 10.22.2005 i + ......................................._........,........... + My commission expires October 22. 2005 CJ 7Y1~/U J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force. and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of A~ET).>. ;~+'/-""'.o % ~~/(),<-'?o~;,<~\ ;:1(,; ~i~i :: i. 1:'("1 ~~.. .s~ A"/*.f ...', fia~ ':"l'~ ~~1i~l Form F428D-12-99 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. (INDIVIDUAL ACKNOWLEDGMENT) STATE OF S5 COUNTY OF On the day of . 19_. before me, a Notary Public within and for said county, personally appeared, to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that he executed the same as his free act and deed. (Notarial Seal) Notary Public My Commission Expires County CORPORATE ACKNOWLEDGMENT STATEOF~0QDi{)~ COUNTY OF PI rlO .YO^---" ~ 5S ^-t~ () . n On theC:*D! ' day of hO.n..i y ~::J()91 before me, personally appeared rnJ~,"-,," to me known, who being by me duly ~wQm, did depose and say that he resides in \, that he is the \/ 1 .t Q ~ President ~;r:eOi~~~~~~~~~~~:-w~~~}~ai~~r~J;n;:~t; ~:~ ~:~t~~ns:~~~~:~;n~~: s~~~~=~~edsa~~ that it was so affixed by order of the Board of Directo of said corporation; and th~e signed his name thereto by like order. \',.J 1 l' III SHANNON MARIE SADLER I . ~L1C-MINNESOTA lAy Commission Expires Jan. 31. 2005 III Notary .Public _ County /1.. . ,.O./! My Commission ExpireS: _0 .('), ! A 0 /tAA (1.i2} I '~ - r-- '\' 1,,,J ~)/\ ACKNOWLEDGMENT Of CORPORATE SURETY STATE OF !IJ~ f V1!/\e(,D~J ) COUNTY O~' '~if\ f)'4(iJ.j ~ 55 On this of ,t1U) '( \ I , ~ before me appeared to me personally known, who beil1g by me duly sworn, did say that he is the aforesaid or attorney in fact of the Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in beh~lrof said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged saiff\ Istrument~ be the f';3.e act~and deed af said corporation. III I, -. ; " I "'~ /1 J' \ II I' I' J] ,,,\ ( .fLY -) J n II /1/ iil E COFIELD ' ,if \ /l.<'--' ....-" . ,/ 1 /,~.A ANGELA SU ., '" \ . I \ / - I/'/ '-' I '1 . 'O,,,RY P\J6UC.I"IN;";~~1.2005 Notary Public \' \.lA1,', j n f.ll.) I. -' County _y ~ t/,\.'ISSION EXP1Rt::..... 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