HomeMy WebLinkAbout5.h. Goal Setting ReportCITY OF ROSEKOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: AUGUST 4, 1992
AGENDA ITEM: GOAL 'SETTING REPORT
AGENDA SECTION:
OLD BUSINESS
PREPARED BY: STEPHAN JILK,
AGEND
# 5 H
CITY ADMINISTRATOR
ATTACKS: GOAL SETTING SESSION REPORT
AP BY -
On June 12, 1992, the City Council and City Staff Department Heads joined
together in a work session to develop goals and strategies for the next 90
_.. day work period.
With the assistance of hon Bargen, a outside consultant, this work session
was successful and several goals were established along with strategies to
reach them.
Attached find a written',narrative report on that session.
f It is intended as a report, not only to those involved directly in the
process but also to the public as a statement to the issues and priorities
for work as set by their elected and appointed officials. Discussion on
the report and acceptance of it as our "work plan" for the next 90 plus
days is appropriate.
RECOMMENDED ACTION:
Motion to accept the report for the 1992 goal setting session and to
approve the goals and strategies as outlined.
COUNCIL ACTION:
MEETING OF
CITY COUNCIL AND DEPARTMENT HEADS
June 12, 1992 4:00 - 10:00 P.M.
Rainbow Room, Dakota County Vocational School
PRESENT: Mayor McMenomy, Sheila Klassen, James (Red) Staats,
Dennis Wippermann, Stephan Jilk, Lisa Freese, Jeff May, Dave
Bechtold, Ron Wasmund, Scott Aker, Lyle Knutsen.
PURPOSE AND OUTCOMES FOR SESSION:
The Mayor and City Council Members are entrusted to facilitate
and articulate the direction and goals for the City of Rosemount.
This is an on-going process of planning which involves the
preferences and values of the citizens of the community, the
insights of the city staff, the ,Judgments of city officials.
In preparing for this session, the participants received for
study in advance, a copy of the January 30, 1990 Goals Session
which has served as a framework for action. Furthermore, the City
Council called a special meeting on May 13, 1992 with City
Commissioners "for the purpose of taking input from Commission
members to assist the City Council in establishing goals for 1992."
The proceedings of this meeting were also sent in advance as
preparation for this session.
PURPOSE
The purpose of this June 15 session is to articulate goals for
the City of Rosemount and to develop strategies for the next 90
days directed toward the implementation of those goals. For the
purposes of this process, "goals" are broad statements of what the
City Council and Administration want to accomplish over a 2-3 year
period, providing a general direction for action. "Strategies" are
statements which give direction to the work of an individual
Council or Staff member within the first 90 days. The process
assumes a statement of vision of the Community from which flow the
goals. "Vision"_ in this report is a "realistic statement.as a
community of what we want to be, which focuses our energies and
efforts on our common hopes and values."
With this in mind, the following report contains "elements"
of a Community Vision which are implicit in the three goals that
have been chosen. For each goal, there is an analysis of the
"problem", an identification of "forces encouraging"
and forces
which are "barriers" toward affecting this goal.Finally,
strategies over the next 90 days are delineated.
OUTCOMES
- To identify critical issues to be addressed by City
Administration in 1992-1994
- To develop specific 90 -day work programs toward effecting
our desired outcomes.
REVIEW OF ISSUES AND AREAS OF CONCERN
The Council and Department Heads received the report of a
special meeting (May 13, 1992) of the City Council. The issues and
ideas presented were grouped into the five following generally
defined areas: (1) Infrastructure; (2) Economic Development; (3)
Planning; (4) Public Communication; (5) Quality of Life.
After reviewing the directions of the January 30, 1990 GOALS
Session, the members decided that the five areas designated above
would serve as a basis for dialogue and planning. Furthermore, it
was decided:
1.) The areas of "Planning" can be subsumed in the other
areas: the Comprehensive Guide Plan will be completed
before Fall; the question of Parks should be considered
as part of the "Infrastructure."
2.) Since the area of "Quality of Life" is pervasive to
the three remaining ares, it would best be considered
in the context of each of those three areas.
3.) Finally, the three areas or issues which we will need
to address over the next three years are:
Infrastructure; Economic Development; Public
Communications.
THREE ISSUES AND THE VISION OF OUR COMMUNITY
The City Council, Commissioners and Administration implicitly have
expressed a shared vision of the Community of Rosemount. The
assumption is that the critical issues identified are "problems"
or "concerns" because they are not consistent with the kind of
community we want to be.
Rosemount was to be a city where the public is well informed and
involved in the political process in order to build an even
healthier community.
We are an increasingly effective community to the degree that the
citizens are aware of and engaged in the significant issues
affecting their life. It is critical that the people of the
community have a high level of confidence in the City Council's and
Administration's ability to work together for the good of the
community. Effective communication among us as citizens and
government increases the opportunities for cooperation and
collaboration. In that context, our ,judgement is that we need to
develop more effective internal and external communication within
the community.
Secondly, as a city we value economic development which provides
a base to accomplish goals important to the community. It is
essential that members of the community have the opportunities for
employment which provides for a dignified life. From this
perspective, we identify as a problem the lack of focus by the City
Council on the limited resources we have to facilitate economic
development.
Thirdly, planning is an integral dimension of our decision-making
as a community. As a process, planning enables us to become whom
we are capable of being. Who we can be is dependent on the
resources we have. Our infrastructure increases or limits the
choices or options of the future available to us. With this point
of view, we realize that the lack of sewage treatment capacity
poses a problem for potential industrial and residential growth.
THREE ISSUES
Each of the three issues are considered below in detail. For each
issue, there is: (1) An analysis of the problem; (2) Our goal; (3)
Forces encouraging and Barriers to this goal; (4) Strategy over 90
days toward implementing this goal.
PUBLIC COMMUNICATIONS
1.) PROBLEM: Need for more effective external and internal
communications.
Externally, the public feels they do not know
what's going on in the city. Furthermore, they
sense or perceive that their opinions as citizens
will make a difference. Internally, barriers to
communication exist between City Council members,
between Council and Staff.
Our community values being actively involved in the
life of government. The public becomes frustrated
and skeptical with government operations when there
is insufficient opportunity for information or
dialogue. As a community we also want to have
confidence that the City Council is working together
to serve us. A lack of consensus or cooperation
among us as City Council makes it look like we're
not organized, that we don't know what we're doing:
all detracting from the public's confidence level
in government.
There are several factors causing this problem. The
public is not given advance information on issues.
Without such background, citizens lack the
opportunities to discuss the issues and become
actively engaged in the process. As a consequence,
the public becomes frustrated and critical of
government. The City government itself looks
disorganized and the distrust of government
continues to increase.
2.) OUR GOAL: To increase our effectiveness of working together
as a City Administration and to enable the public
to be more informed on and engaged in city issues.
3.) FORCES encouraging this goal:
- Public confidence is a value, deepened by
effective communication.
- Trust in government is increased through
information and interaction at public level.
- Efforts of the City Council are credible to
the degree that people have confidence that
the members are working together for the good
of the community.
HARRIERS to this goal:
- Time is essential for effective communication,
external and internal.
- Our habits or norms for working together as
City Council sometime restrict our abilities to
communicate.
The personality differences among us as members
of City Council.
— Conflicts of personal interest.
STRATEGIES•
EXTERNAL COMMUNICATIONS:
TASK
RESPONSIBLE
PERSON
COMPLETION
DATE
OTHERS
INVOLVED
MORE EFFECIENT
Department
10/15/92
City Clerk
USE OF TOWN
Heads/City
PAGES
Administrator
-Department
Heads provide
Summaries of
Major Current
Issues
-Guidelines to
Sue Walsh
9/1/92
City Admin -
be developed
istrator
and communi-
cated to
Department
Heads
STRATEGIES•
INTERNAL COMMUNICATIONS:
TASK
RESPONSIBLE
PERSON
COMPLETION
DATE
OTHERS
INVOLVED
A.) Informal
Communication
(Workshops to
Ai -r Concerns
and Issues
Council/
Mayor
10/15/92
City
Administrator
Admini-
Workshop
strator
Staff
City Admin -
Workshop
istrator
10/15/92
Dept Heads
Council/Staff
Mayor/City
10/15/92
Dept Heads
Workshop
Administrator
B.) Formal
City Admin-
1/1/93
Facili-
Team Building
istrator/
tator
Mayor
C.) Consider
City Admin-
2/15/93
Utili-
televising of
istrator
ties
City Council
Comm./
meetings after
City
successful com
Council
pletion of
team building
ECONOMIC DEVELOPMENT
1.) PROBLEM: A lack of focus on part of City Council on the
limited resources to facilitate economic
development, both industrial and commercial.
This "lack of focus" is a problem for our community
because it deprives us of the economic development
which would afford tax base diversity. Without
such economic development we are unable to
successfully accomplish other goals important for
the community.
Some of the key factors causing this problem: there
is a lack of a shared vision within the Council to
guide choices and goals in regard to economic
development; the influences of special interests
make consensus more difficult among the council
members". There are some evident consequences to
the "lack of focus" on the part of the City Council.
First of all, when we try to satisfy each special
group, we cannot satisfy the city's common and
real needs. Secondly, the lack of focus makes
continuity of decision-making by the Council
difficult, if not impossible.
Stakeholders: A number of people are impacted by
this problem. Those also seeing this "lack of
focus: as a problem: City Council, Staff, land-
owners, developers, Chamber of Commerce. Those most
affected by the problem: the staff suffers from
lack of direction; the residents of City as a whole
lose many opportunities to be a healthier community.
2.) GOAL: To develop an optimum successful economic plan
for the benefit of the City.
3.) FORCES encouraging this goal:
- The business community calls for this -action.
- An awareness of the loss of opportunities because
of the lack of such a plan.
—Citizens expect such a direction.
BARRIERS to this goal:
- There are striking differences of opinion among
City Council members; managed growth, respect for
"rural ambiance."
- Special interests exert pressure, causing/
surfacing disagreements.
- Limited infrastructure restricts possibilities.
STRATEGIES•
ECONOMIC DEVELOPMENT
TASK
RESPONSIBLE
PERSON
START
DATE
COMPLETE
DATE
OTHERS
INVOLVED
Direct City
City
8/4/92
9/1/92
E.C.
Admin. to
Council
Cord./
devise a
P.A.
process
other
for a plan
staff
to examine
and
Economic
commi-
Develop
ssioners
Resources/
types and
the pros
and cons
of each
Reports back
City
9/1/92
10/1/92
to Council;
Admin./
Council ap-
E.D.C.
proves pro-
cess; direct
staff, P.A.
to proceed
Using process
E.D.C./
10/1/92
12/1/92
dentifies
P.A.
resources/
E.D. types/
pros and
cons
Based upon
E.D.C./
11/15/92
1/5/93
above, de-
P.A.
vel op
strategies
and make
recommenda-
tions to
Council
STRATEGIES•
ECONOMIC DEVELOPMENT (continued)
TASK
RESPONSIBLE
PERSON
START
DATE
COMPLETE
DATE
OTHERS
INVOLVED
Reports to
E.D.C./
12/6/92
3/2/93
Council;
Council
approves
(effects
C. G. P:
Star City
Evaluate
P.A./
C.G.P./
P.C.
Star City
Recommended
P.A./
12/1/92
4/6/93
changes to
P.C.
C.G.P. and/
or Star City
Plan
Council
Reviews and
Approves
INFRASTRUCTURE
1.) PROBLEM: Lack of sewage treatment capacity for continued
industrial and residential growth.
This situation is a problem because it limits
all areas of growth in the community. Without
this sewage treatment capacity we cannot grow at
the rate and in the manner we want.
Key factors causing this problem include rapid
growth in our community and surrounding area, along
with poor planning of the Metropolitan Council.
Some of the consequences: lack of growth in our
community and the lack of opportunity to develop in
a manner which we believe is appropriate.
Stakeholders: We recognize other people who are
affected by or also see this as a problem. These
people have a stake in this problem; we need to
consider these people as we proceed with addressing
this problem. People most affected by this
problem: landowners, existing developers,
business community, elected officials. Others
seeing this as a problem: residential developers,
surrounding communities, Metropolitan Council,
existing businesses.
2.) OUR GOAL: To develop short term and long term sewage capacity
sufficient to allow rate of residential and
industrial growth at present and planned rate chosen
by the city.
3.) FORCES encouraging this goal:
- Comprehensive Guide Plan proposes this direction.
- Developers are interested in and supportive of
this choice.
- There is a desire for growth in the community.
- This direction is deemed environmentally sound.
- Such a decision increases the opportunity to
manage locally: it provides possibilities and
increases arena of choices.
BARRIERS to this goal:
- There is a lack of overall vision.
- A competition for funds could restrict this
direction.
- Regional policies do not account for overall
growth management; at regional level,
projections have been inadequate.
STRATEGIES: Steps needed in next 90 days to move toward
implementing this goal.
INFRASTRUCTURE
TASK
COMPLETION
DATE
RESPONSIBLE
PERSON
OTHERS
INVOLVED
Comprhensive
9/15/92
Planning
Staff, City
Guide Plan
Director
Council
Approved
Planning
Commission
Met Council
Amend Guide
9/15/92
Planning
Staff
Plan: sewer
Director
Met Council
diversion to
Empire Plant
Form Coaltion
10/1/92
Planning
Staff,
(surrounding
Director
Council
communities
other
and others
cities,
of similar
Met Council
interests)
Separate
10/1/92
Planning
Staff,
Short Term
Director/
Met Council
Plant
City
Improvement
Administrator
Study
Lobby for
11/1/92
Planning
Staff,
faster SIS
Director/
Council,
study
City
Met Council
completion
Administrator
Adoption of
7/1/93
City
Met Council
expansion
Administrator
City Staff
construction
plan
Construction
7/1/96
City
City Staff,
completion
Administrator
Council,
of Plant
Contractor,
M. W. C. C. ,
Met Council
CONCLUSION
Such a planning process delineated above is intended to be an
empowering experience for the Council and Staff --and, indeed, the
Community of Rosemount. To the degree that the Community Vision
is reflective of the values of the citizens, that the goals flow
out of the vision, that the strategies are specific and
accountable, that the strategies and goals are implemented in a
very practical and effective way -- to that degree, the Council and
staff can gain in confidence toward building a healthier community.
If, on the other hand, that cycle is limited or interrupted,
frustration and cynicism will result.
Toward this end, the following steps appear critical. First
of all, the Council is invited to affirm the three goals - and the
values they represent - as relevant and significant to the interest
and health of the community. That is, in implementing these goals,
the Council and Staff will contribute toward building a stronger,
more vibrant community.
Secondly, in approving the 90 -day strategies, there is a
realization that dates and time -lines are to some extent a "best
guess effort." Effective planning is both focused and flexible.
Thirdly, in receiving this report, there is a commitment to
formally reviewing the process at the first 90 -day interval. At
that point there is evaluation, revision and adoption of the next
phase of implementation.
Finally, in adopting the above direction, the Council affirms
its commitment to oversee the process vision - goals - strategies -
implementation in a way that builds confidence among themselves and
with the Community that we can build a healthier Community.
Submitted by:
Donald F. Bargen
P.O. Box 9975
St. Paul, MN 55109
(612)481-9335
MEETING SCHEDULE
JULY - AUGUST 1992
LEPRECHAUN DAYS
July 17 - July 26
Parks & Rec Committee
Monday, July 20
6:30 p.m.
Tuesday, July 21
5:30 p.m.
Port Authority
Cit Council
Y
7:30 p.m.
Jul 22
Wednesday, Y
1:15 p.m.
Staff Meeting
5:00 p.m.
Planning Commission
Tuesday, July 28
Wednesday, July 29
1:15 p.m.
Staff Meeting
Tuesday, August 4
5:30 p.m.
Port Authority
Cit Council
Y
7:30 p.m.
Wednesday, August 5
1:15 p.m.
Staff Meeting
Finance
THIRD DRAFT BUDGET DUE to
Friday, August 7
Director
Special Council Meeting with
Monday, August 10
6:30 p.m.
Administrator
Utilities Commission
6:30 p.m.
Budget/Staff Meeting
Tuesday, August 11
1.15 p.m.
5.00p. m.
Planning Commission
Wednesday, August 12
1:15 P.M.Staff
Meeting _ Burnsville
MVTA Board Meeting
7:00 P.m.
City Hall (July & Aug. meetings
combined)
Monday, August 17
6:30 p.m.
Parks & Rec Committee Upper Level
Utilities Commission -
6:30 p.m.
Conference Room
Tuesday, August 18
5:30 p.m.
Port Authority
Cit Council
Y
7:30 p.m.
August 19
Wednesday, g
1:15 p.m.
Staff Meeting rum - Rosemount
Growth Management Fo
7:00 P.M.
City Hall
Tuesday, August 25
5.00 P.M.
Planning Commission Bud et
Special Council Meeting/ g
7.30 p.m.
Wednesday, August 26
1:15 p.m.
Staff Meeting
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: July 21, 1992
AGENDA ITEM:
Set Public Hearing
Date: Dave
AGENDA SECTION:
Lawson Rezoning Petition (14785
So. Robert Tr)
NEW BUSINESS
PREPARED BY:
AGE NO. M N� 2
Lisa Freese,
Director of Planning
ITEM,
Y
ATTACHMENTS:
Rezoning Petition;
Public Notice;
APP VED BY:
Mailing List; Site
Location Map.
, a g
" � U
Mr. David Lawson, owner of Dave's Auto Body at 14785 South Robert
Trail, is requesting that his property be rezoned from C-2
(Community Commercial) to C-4 (General Commercial) .
The three businesses affected by this request (Pro -Tune, Dave's
Auto Body, and David Lawson Auto Sales) are considered legal non-
conforming in the Community Commercial district. Auto related
uses are not permitted in the Community Commercial district. If
the rezoning were to occur, all the buildings on the site would be
encroaching in the rear yard setback that is adjacent to R-1
(Single Family Residential). The Community Commercial district
exempts buildings and uses that pre -date the zoning regulations
from the normally required setbacks.
The setbacks imposed by the General Commercial district will cause
his buildings to be non -conforming and, as a result, the zoning
ordinance would require that any improvements bring them into
conformance. Under the non -conforming provisions of the Zoning
Ordinance some latitude exists for limited building improvements,
especially those confined to the interior or connected with
maintenance. In order to make this determination, staff will need
to have more information regarding the extent of the improvements
planned by Mr. Lawson. Planning staff will be exploring possible
options, if any, with Mr. Lawson prior to making a recommendation.
The Downtown Plan effort is just beginning and the Council might
consider what impact a rezoning would have on their "vision" of
this pivotal area of the downtown.
No discussion is required at this time. The only action requested
of Council is to set the date for the public hearing.
RECOMMENDED ACTION: MOTION to set a Public Hearing for the Rezoning
Petition for 14785 South Robert Trail on Tuesday, August 4, 1992 in
the Council Chambers at City Hall at 8:00 p.m. or as soon thereafter
as possible.
COUNCIL ACTION:
)YY�
N Df
7/21/92006
No:
Date:
City of Rosemount
REZONING PETITION
H �5' 9a - & -703
Applicant: c., - w ', Phone --2
Address: / `� S �o �/�� rr / - �s.Y, 7 -
STATUS
-
STATUS OF APPLICANT:
Owner Buyer Lessee OTHER:
LOCATION: LotBlock_, Additions
Street Address: l tZ 7 S' S— S o a (o D, 7L .
Metes & Bounds Description Attached:
Survey or Plot Plan Attached:
Affected Section(s):
Present Zoning: C -- Proposed Zoning: C_
REASON FOR REQUEST:
t. `
Q
3.
Signature of Applican}
Application received by: /J / Date:
Fee: S Z� `� How Paid: _( /tet l �a Date: o�� 9 �'_ �eQc,�I�• #1%/
Planning Commission Action:
Date:
0-
k_/Tty of gosemount
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota
MAYOR
Edward B. McMenomy
FAX (612) 423.5203 Mailing Address:
P.O. Box 510, Rosemount, Minnesota 55068.0510
COUNCILMEMBERS
Sheila Klassen
Public Notice
James (Red) Staats
Harry Willcox
Dennis Wippermann
Rezoning Petition
ADMINISTRATOR
kOR
Dave Lawson, Property Owner - 14785 South Robert Trail
Businesses include Dave's Auto Body, Auto Brokers, and Pro -Tune
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a
public hearing on Tuesday, August 4, 1992 in the Council Chambers of the City Hall,
2875 145th Street West, beginning at 8:00 p.m. or as soon thereafter as possible.
The purpose of this hearing is to consider a request to rezone property located at
14785 South Robert Trail and legally described as Lot 2, Block 1, Evenson First
Addition, from C-2 (Community Commercial) to C-4 (General Commercial), to
permit construction/remodeling of the current structure that would expand a current
legal non -conforming property use. A rezoning from C-2 to C-4 would cause the
three current auto service related uses of the property to be in conformance with the
ordinance and an expansion of those businesses could be permitted, if other
requirements of the City Ordinance can be met.
Persons wishing to speak on this issue are invited to attend this meeting on Tuesday,
August 4, 1992 at 8:00 p.m.
Dated this 21st day of July, 1992.
Susan M. Walsh, City Clerk
City of Rosemount
Dakota County, Minnesota
6verylLings (90ming `UP gosemouni.11
DANE LAWSON DAVE'S AUTO BODY - REZONING PETITION
MAILING LIST
EVENSON FIRST ADDITION
1. John F. & Margie M. Ryan 34.24850.010.01
3465 143rd Street West
Rosemount, MSI 55068-4090
2. David Lawson 34-24850-020-01
14785 South Robert Trail
Rosemount, Mn 55068-3127
3. David McKinley 34.24850-030.01
14805 South Robert Trail
Rosemount, Mn 55068.3108
MARIAN TERRACE REPLAT
4.
Wayne H. & Helen Lucking
34-47400-050.00
14755 Cambrian Avenue
Rosemount, Mn 55068.4429
5.
Francis J. & Madonna Goggin
34-47400.060.00
14765 Cambrian Avenue
P.O. Box 243
Rosemount, Mn 55068-0243
6.
Ervin & Donna I Hanks
34-47400.070-00
14775 Cambrian Avenue
Rosemount, Mn 55068.4429
7.
Thomas & Matralyn Buckley
34-47400.080-00
14785 Cambrian Avenue
Rosemount, Mn 55068-4429
8.
Wayne H. & Bernice E. Claussen
34.47400-090.00
14795 Cambrian Avenue
Rosemount, M h 55068.4429
9.
Donald & Doreen Thull
34.47400-100-00
14805 Cambrian Avenue
Rosemount, Mn 55068-4445
10.
John & Lorraine Degiovanni
34-47400-110.00
14815 Cambrian Avenue
Rosemount, MN 55068-4445
11. Leroy & Ruby 1,Getting 34.47400-120-00
14825 Cambrian Avenue
Rosemount, MN 55068-4445
12. Joseph J. & Dorothy A. Akin
14835 Cambrian Avenue
Rosemount, MN'' 55068.4445
13. Jerome Fluegel
14830 Cambrian Avenue
Rosemount, MN 55068-4446
14. Virgil D. & Gladys Hestness
14820 Cambrian Avenue
Rosemount, MN 55068-4446
15. Ronald J. & Margery Pankratz
14810 Cambrian Avenue
Rosemount, MN 55068.4446
16. Ronald J. & Deborah A. Russell
14800 Cambrian Avenue
Rosemount, MN 55068.4446
17. Bernard F. & Alice C. Murphy
14790 Cambrialn Avenue
Rosemount, MN 55068-4404
18. Mary A. Fleming
14780 Cambrian Avenue
Rosemount, MN 55068-4404
19. Richard W. & Anna T. Klatt
14770 Cambrian Avenue
Rosemount, MN 55068.4404
20. Kevin 1. & Julie A. Kuznia
14760 Cambrian Avenue
Rosemount, MN 55068-4404
21. William M. Matuska
14750 Cambrian Avenue
Rosemount, MN 55068-4404
22. Helen C. Strese
Rose M Ervasti
14740 Cambrian Avenue West
Rosemount, MN 55068
MARIAN TERRACE REPLAT 2ND ADDITION
23. Thomas J. &''Mary Gavin
1205 Summit Avenue
St. Paul, MN 55105
24. Charles E. & Peggy Lane
14760 Camero Lane
Rosemount, MN 55068
34-47400-130-00
34-47400-140-00
34-47400-150-00
34-47400-160-00
34-47400-170-00
34-47400.180-00
34-47400-190.00
34-47400-200.00
34-47400-210-00
34-47400.220-00
34-47400.230.00
34-47400.240-00
34-47401.010-02
34.47401-020.02
25. Donald L. & Josephine Lewis
14770 Camero' Lane
Rosemount, MN 55068.4406
26. Wayne E. & Roxanne Swanson
14780 Camero', Lane
Rosemount, MN 55068-4406
27. Donna D. Smith
14790 Camerol, Lane
Rosemount, MN 55068-4406
28. Julia M. Kelly
14800 Camera Lane
Rosemount, MN 55068-4440
29. Quincy D. & Sarah M. Moore
14810 Camera Lane
Rosemount, MN 55068.4440
30. James M. & Quanah Bonrud
14820 Camera, Lane
Rosemount, MN 55068-4440
AUDITOR'S SUBDIVISION NO. 1
31. Charles Novaki Architect
14750 South Robert Trail
Rosemount, MN 55068
32. Marquette National Bank
Box 520 D Nelson
Minneapolis, MN 55480
33. Olga A. Strese
14810 South Robert Trail
Rosemount, MN 55068.3109
34. Milwaukee Land Co.
547 Jackson Blvd W - Suite 1510
c/o CMC Real Est Corp. - Box 6205
Chicago, IL 60680-6205
AUDITOR'S SUBDIVISION NO. 27
35. Chicago Rock (',Island & Pacific RR
74520 La Sallie Station
Chicago, ILL 60606
34-47401-030-02
34-47401.040-02
34-47401-050-02
34.47401-060.02
34.47401-070-02
34.47401-080.02
34.03700-010.62
34.03700.020.62
34-03700-030-62
34-03700-010-65
34-03800-010-15
........... .......
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140th St
DAVID LAWSON
REZONING REQUEST
I. DAPPLE COURIr
2. DAPPLE CIRCLE.
3. DARWIN WAY
4. CRESCENT CIRCLE
5. COPPER COURT
6. BURNLEY AVENUE
8.
3
Biscatoo�
1�
1
1
0
r
r,
Djavid Lawson
R�
p1nnina lPetitior
M E M'0 R A N D U M
TO: Mayor M Menomy
Council embers Willcox, Wippermann, Staats, Klassen
FROM: Susan Walsh, Administrative Assistant
DATE; July 21 1992
SUBJ: Additio al Agenda Items for July 21 Council Meeting
Representative Dzment has requested he be allowed to speak to the
Council for five minutes at the beginning of the Council Agenda.
Attached is a 'green sheet from Steve J'ilk. This will be added
under new business.
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: JULY 21, 1992
AGENDA ITEM: 'DIAMOND PATH
PROJECT,
AGENDA SECTION:
CHANGE ORDER TO ADD PAVED
SHOULDERS
NEW BUSINESS
PREPARED BY: STEPHAN JILK,
CITY ADMINISTRATOR
AGENDA NO. /D. C.
ATTACEKENTS: NONEAPP
VED Y
Dave Everds, Dakota County Highway Engineer, has contacted me with a
proposal for a change order for the Diamond Path Project.
He is proposing that thE project include paving 10' wide shoulders all the
way to- County 'Road 42 from the southerly end of the existing (now being
done) project. This change order would then cover about one half a mile
and require grading, class five crushed rock base placement and
paving/striping of a 10 wide strip.
The estimated cost for the 10' wide shoulders on both sides of the road
would be approximately 11,000. The county would pay '55 Apple Valley has
agreed to pay the 45% o- the west side and the City's share would be
approximately $3,200.
This would provide a paired shoulderconnectinglink between County Road 42
and 145th Street West at a minimal cost
RECOMMENDED ACTION:
Mo� tib to approve payment
of up to $3,200 for the paving of 10' wide
shoulders on Diamond,
Path from County Road 42 north to the southern'
terminus of the reconstruction
of Diamond Path.
COUNCIL ACTION:
CITYOF ROSEKOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: JULY 21, 1992
AGENDA ITEM: -FIRE STATION
REFERENDUM
AGENDA SECTION:
CITIZENS
COMMITTEE
NEW BUSINESS
PREPARED BY: STEP
JILK, ADMINISTRATOR
AG"DI TN
t
ATTACI�lENTS : MEMO
APP VED BY:
As part of the referendum process to consider the construction of a new
Fire Station Facility, and the purchase of Fire apparatus,;I would
recommend the formation of a citizens advisory committee.
The responsibilities of this citizens committee would be to work with the
Architect, City Staff and the Council in the formation of building
concepts, and various Items such as ballot questions and public information
process as we work toward the referendum.
Attached is additional information and suggestions on the formation of this
committee.
RECOW1ENDED ACTION:
A MOTION TO AUTHORIZE THE FORMATION OF A CITIZENS
ADVISORY COMMITTEE FOR
THE FIRE STATION REFERENDUM PROCESS AND TO DIRECT
CITY COUNCIL MEMBERS
TO PROVIDE NAMES OF POTENTIAL COMMITTEE MEMBERS
AT THE AUGUST 4, 1992
MEETING.
COUNCIL ACTION:
Wi i
itE
is
comb
can
Plea
M g 14 O
TO: Mayor McMeno,Y. Klassen
Councilmembe Staats
Willcox
Wippermann
Jilk, Administrat
ty
FROM: Stephan
DATE
July 17,1992
Station Referendum
SUBJECT: Fire Committee of the
Citizens the construction aratus
approval for and tire aPP
factor in gaining app remodeling,
A majorpublic works unity•
stati n, p of the comm cost
new fire involvement with design,cost
purchase is th comfortable vital to in
volve
citizens are need it is 3� 1992
that
the
to defining to the November
To insure an will take us
estimates, process that
them in the P committee be
that to do this a citizens comm
referendum.
m reco endation the City
It is y to assist
formed. ittee would be he roper formation of
onsi ilio,°and thechmo eaff inrocess through to the
The resp ite the P
Council+ arc specific items to
concepts and p throughout the process
referendum. four times
The committ e would meet about
the city staff.
and efforts
with the ar hitect and architect, the
rovided by thearchitect
worked on suggest the
on in ormation P committee, I would
Based the citizens c A ory Committee,
provided by study Our 11 ers.
facilities include 25 members -
following:
following: be of a size to
The committee should areas of the city.
1 . resent all
The committee should rep embers should be excluded.
2.
urgent city committee m roximately
3• members should follow apP
4.
The makeup of the 25
as:
A. 505k women (12)
50% men (13)
FIRE STATIiON REFERENDUM / CONSTRUCTION SCHEDULE
Date Actio
June 23 Hirerchitect to provide services for referendum and
const�ction (Boarman & Associates)
July 1 Appro e survey of proposed property site
July 13 Archi ect begins meeting with City Staff to review and
confirm building program for Fire Station and Public
Works (,facilities .
July 20 Appraisal of property started
July 21 City Council authorizes the formation of a Citizen's
Commitee to work with architect/city council on
"infoing" the community prior to the referendum.
July 30 Survey for Fire Station site complete.
Begin ',review of alternate site uses (remainder of site
after '',fire station site is excluded.
Aug. 4 City Council approves Citizen Committee and authorizes
activi',ty(ies) .
Aug. 15 Property appraisal complete.
Cost estimate for aerial truck complete.
Aug. 21 Final licost estimates on construction.
Sept. 1 City Council considers recommendations for ballot
questijons .
Sept. 15 City Council sets referendum date and sets ballot
question/amounts. Authorizes preparation of
newsleltters/brochures, etc. for "Get out the Vote"
campaign.
Sept. 16 Ballotl,information sent to County Auditor
Sept. -Oct Public!,Meetings
"Get Out The Vote" Campaign
Nov. 3 Election Day — Referendum Day
City Cpuncil reviews election results and declares
approval is received to proceed with final design and
construction.
Nov. 17 Architect given approval to begin Phase II Process.
City Council authorizes schematic design drawings to be
completed.
Dec. 1
Jan. 19
1993
Feb '93
Mar '93
Fire Station: Referendum/Construction
Schedule
Page 2
City Council authorizes purchaseofFire Station Site.
Design schematic drawings approved.
City ouncil authorizes design development drawings and
bid d cuments prepared.
Project is bid.
Project bids received/contract awarded.
City Council authorizes sale of bonds.
Bond sale revenue received
Constiruction begins. _
March - October'1993 - Construction
Nov 193 Fire Station construction complete.`
Existing fire station remodeling begins.
Jan 194 Existing Fire Station remodeling complete.
1) Zoning of property.
2) Comprehensive Guide Plan Amendment to bring into MUSA.
3) Site Plan approval by Planning Commission.
4) Alternate land use for remaining part of site.
CITY COUNCIL MEETING
CITY OF ROSFMOUNT
XECUTIVE SUMMARY FOR ACTION
E: July 21, 1992
AGENDA ITEM: NATIONAL
CONVERE19CE
LEAGUE OF CITIES
AGENDA SECTION:
NEW 'BUSINESS'
PREPARED BY: STEPHAN
JILK, ADMINISTRATOR
'ITE*M # 10 E
ATTACiii+2ENTS : NONE
AP OVEI> BY:
The annual National League of Cities Conference is scheduled to be held in
New Orleans, Louisiana this year. The dates of the Conference are November
28th to December 2nd. November 28th is the Saturday following Thanksgiving.
In order to prepare for scheduling and early registration opportunities, I'
would 'request that Cou cilmembers consider attendance now, and make final
decisions for authorization to attend by August 4th.
Registration information will be coming out early August.
In past years at least one Councilmember and the City Administrator has
attended. Funds are -budgeted for up to three persons to attend. The
estimated cost, including transportation, meals, lodging and conference
fees, is about $1300.0.
Attendance has always been considered well worthwhile.
RECOM
ENDED ACTION:
NONE
AT
THIS
TIME
COUNCIL ACTION:
PREPARED BY:
ORR-SCHELEN-MAYERON & ASSOCIATES, INC.
ENGINEERS, ARCHITECTS, PLANNERS, AND SURVEYORS
2021 EAST HENNEPIN AVENUE, SUITE 238
MINNEAPOLIS, MINNESOTA 55413
(612) 331-8660
OSM PROJECT NO. 1783.06
ii
CERTIFICATION
I hereby certify that this plan, specification or report was prepared by me
or under y direct supervision and that i am a duly Registered
Professional Engineer under the laws of the State of Minnesota.
t,
BriaiyJ. Bourassa, P.E.
Date: May 11, 1992 Reg No. 21816
OSM Project No. 1783.06
CERT - 1
TITLE PAGE
CERTIFICATION
TABLE OF CONTENTS
BIDDING REQUIREMENTS
Instruction to Biddei
Proposal Form
CONTRACT FORMS
Affidavit of Non -Coll
Contract for Constn
Performance and P;
CONDITIONS OF THE COI
General Conditions
Supplementary Gen
SPECIFICATIONS
01010
01014
01050
01052
01060
01200
01300
01400
01515
01546
01561
01562
01568
01710
01740
01903
TABLE OF CONTENTS
Bond
Conditions
Summary f Work
Work Sequence
Field Engineering
Hubs and Lath
Permits
Project Meetings
Submittals
Quality Control
Construction Water
Protect Existing Utilities
Noise Control
Dust Control
Erosion Control
Cleanup
Warranty
for Increased or Decreased Quantities
UIVIAIVII G.V - iICWVI
02000 General SM
02104 Removing Pavement and Miscellaneous Structures
OSM Project No. 1783.06
TOC - 1
I
PARAGRAPH NO.
INSTRUCTION TO BIDDERS
INDEX
N IKE
Instruction to Bidders
1
Examination of Pians, Specifications and Site Work
t
2
3ld Security
1
3
Ontract Documents
1
4
reparation of Proposal
1
5onditions
in the Bidders Proposal
2
6
nterpretation of Estimates
2
7
elivery of Proposals
2
8
ejection of Proposal
2
9
ithdrawal of Proposals
2
10
Public Opening of Proposals
2
11
Disqualification of Bidders
2
12
13
Equipment
Furnishing of Evidence of Responsibility
2
2
14
Requirements of Contract Bond
3
15
Failure to Execute Contract
3
16
Unit Prices
3
17
City Deleting Right
3
Instruction to Bidders
G1
1.
his satisfaction
Quantities indic
rely on their c
Including all Gi
Bidders shall infon
which the work is 1
existence of surfa
encountered, mea
transporting equip
contract. No plea
that will be encoui
necessary examin
or omission on the
or will be accepte<
of time. No bidd
employee of,the 'C
other hazards whi
INSTRUCTION TO BIDDERS
'PLANS, SPECIFICATIONS, AND SITE WORK - The bidder shall examine to
quantities of work to be done as determined from the plans and specifications.
I by the Engineer on drawings or elsewhere are estimated only, and bidders must
calculations. Bidders shall be thoroughly familiar with Contract Documents
31 Conditions and Special Provisions.
i themselves of the character and magnitude of work and the conditions under
be performed concerning the site of the work, the structure of the ground, the
;e and ground water, availability of drainage, the obstacles which may be
is of approach to the site, manner of delivery and handling materials, facilities of
nent and all other relevant matters pertaining to the complete execution of this
of ignorance of conditions that exist or that may hereafter exist or of difficulties
tered in the execution of the work hereunder which result from failure to make
,tions and investigations, will be accepted as a sufficient excuse for any failure
part of the Contractor to fulfill in every detail all the requirements of this contract,
as a basis for any claim whatsoever for extra compensation or for an extension
?r may rely upon any statements or representations of any officer, agent or
wner with reference to the conditions of the work, of the character of the soil or
;h may be encountered in the course of construction.
2. BID SECURITY - Each bid shall be accompanied by a bid security in the form of and amount as
specified in the A vertisement for Bids. Such bid security is a guarantee that the bidder will enter
into a contract wit the Owner for the work described in the proposal, and the amount of the bid
security of a succ ssful bidder shall be forfeited to the Owner as liquidated damages in the event
that such bidder fails to enter into a contract and furnish Contractor's bond.
3. CONTRACT DOCUMENTS - The Contract Documents will consist of the Advertisement for -Bids,
Instructions to Bidders, General Conditions, Supplementary General Conditions, Specifications,
Proposal Form, Contract for Construction, Non -Collusion affidavit, Contract Bond, and all plans and
drawings. These documents are on file with the Owner.
4. PREPARATIONQ F PROPOSAL - The bidder shall submit his proposal on the form provided by the
Engineer.
The blank spaces lin the proposal shall be filled in correctly with ink where indicated for each and
every item for whi h a quantity is given, and the bidder shall state the prices for which he proposes
to do each item of the work contemplated.
The bidder's proposal shall be signed correctly with ink. If the proposal is made by an individual,
his name and post office address shall be shown. If made by a firm or partnership, the name and
post office address of each member of the firm or partnership shall be shown, if made by a
corporation, the erson signing the proposal shall show the name of the State under the law of
which the corpo tion was chartered, and names, titles and business addresses of the President,
secretary, and tr surer.. All bids for Corporations shall bear the official seal of the Corporation.
IOSM Project
Instruction to Bidders I.T.B. - 1
5. CONDITION'S IN JHE BIDDER'S PROP SAL - The bidder shall not stipulate in his proposal any
conditions not pro ided for on the proposal form.
6. INTERPRETATION OF ESTIMATES - The Engineer's estimate of quantities as shown in the
proposal shall be used as a basis of calculation upon which the award of contract will be made,
but these quantities are not guaranteed to be accurate and are furnished without any liability on the
part of the Owner.
7. DELIVERY OF PROPOSALS - All bids shall be placed in a sealed envelope with a statement
thereon showing the work covered by the bid, and addressed as stipulated in the Advertisement for
Bids. Proposals may be mailed or submitted in person. No bids will be received after the time set
for receivingthem Bids arriving by mail at the office of the Owner after the hour designated for
receiving bids will be returned to the sender unopened.
8. REJECTION OFR POSAL - Proposals may be rejected If they show any omission, alteration of
form, additions no called for, conditional bids or alternate bids not specified or irregularities of any
kind. Proposals i which the prices are obviously unbalanced may be rejected.
9. WITHDRAWAL Ot PROPOSALS - A bidder may withdraw his proposal without prejudice to himself,
provided he files 4 written request to the Owner before the hour of letting, and such withdrawn
proposal may be modified and resubmitted by the bidder at any time prior to the hour set for the
opening of bids.
10. PUBLIC OPENING OF PROPOSALS - Proposals will be opened publicly and read aloud in such
place as designated at the time and the date set in the "Advertisement". Bidders ortheir authorized
agents are Invited lto be present.
11.
12.
DISQUALiFiCATI N OF BIDDERS - More than one proposal for the same project from an
individual firm, pa nership or corporation under the same or different names will not be considered.
Evidence that an bidder is interested in more than one proposal for the same work will cause
rejection of all such proposals. Collusion between the bidders will be considered sufficient cause
for the rejection of all bids so affected.
Failure on the part of any bidder to carry out previous contracts satisfactorily or his lack of the
experience or equipment necessary for the satisfactory completion of the work may be deemed
sufficient cause for his disqualification.
EQUIPMENT -V
make, size, weir
length of service
a 13. FURNISHING OI
shall furnish a bc
sixty (60) days p
assets and liabili
work of a similar
any other additic
as maybe requc
11 OSM Project
n requested by the Owner, the bidder shall furnish a complete statement of the
(where weight is one of the specified requirements), condition and previous
all equipment to be used in the proposed work.
VIDENCE OF RESPONSIBILITY - When requested by the Owner, the Bidder
ce sheet, certified by a certified public accountant as to a date not more than
to the date of the opening of the proposals which shall set forth outstanding
In reasonable detail. The bidder shall also furnish when requested, a list of
ture performed with dates of completion thereof. The bidder shall also furnish
Information relative to financial responsibility and competence to do the work
,d by the Owner prior to the acceptance of any proposal.
Instruction to Bidders
I.T.B. 2
14. REQUIREMENTS F CONTRACT BOND - The successful bidder, at the time for the execution of
the contract, shall furnish and at all times maintain a satisfactory and sufficient bond in full amount
of the contract as required by law with a corporate surety satisfactory to the Owner. The Form of
Bond is that required by Statute. Personal sureties will not be approved.
15. FAILURE TP EXECUTE CONTRACT - Failure to furnish the Contract bond in a sum equal to the
amount of the a ard, or to execute the contract within ten (10) days, as specified, shall be just
cause for the annulment of the award, and it shall be understood by the bidder that In the event of
the annulment of the award, the amount of the guaranty deposited with the proposal shall be
retained by the 'Owner, not as a penalty, but as Liquidated Damages.
16. UNIT PRICES - In case of error in the extension of prices, the unit bid prices shall govern. The
Owner reserves the right to waive any informality in the bids at his discretion.
17. CITY DELETION 1GHT - The City reserves the right to delete any line item from the base bid prior
to final contract a ecution.
OSM Project
Instruction to Bidders I.T.B. - 3
TOTAL BID
To The City Council of
Rosemount, Minnesota
2875 145th Street West
Rosemount, Minnesota
City Officials:
H
PROPOSAL FORM
BIDDER'S FIRM NAME
OFFICIAL ADDRESS:
TELEPHONE NO.:
FAX NO.:
Erickson Park Improvements
Park Project NO. 91-6
Rosemount, Minnesota
1. The following proposal is made for Erickson Park Improvements, Park Project No. 91-6, City of
Rosemount, Minnesota.
2. The Undersigned certifies that the Contract Documents listed in the Instructions to Bidders have been
carefully examined, and that the site of the work has been personally inspected. The Undersigned
declares that theamount and nature of the work to be done is understood, and that at no time will
misunderstanding of the Contract Documents be pleaded. On the basis of the Contract Documents the
Undersigned propo I es to furnish all necessary apparatus and other means of construction, to do all the
work and furnish all the materials in the manner specified, and to accept as full compensation therefore
the sum of the various products obtained by multiplying each unit price herein bid for the work or
materials, by quant ties thereof actually incorporated in the completed project, as determined by the
Engineer. The Und rsigned understands that the quantities mentioned herein are approximate only, and
are subject to increase or decrease, and hereby proposes to perform all quantities of work as either
increased or decreased, in accordance with the provisions of the specifications, at the unit prices bid
In the following Proposal Schedules, unless such schedule designates lump sum bids.
3. PROPOSAL SCHEDULE: The Bidder agrees to perform all work described in the specifications and
shown on the piano for the following unit prices:
OSM Project No. 1783.06 PF - 1
PROPOSAL FORM
PROJECT: ERICKSON PARK IMPROVEMI
CITY OF ROSEMOUNT PROJI
ROSEMOUNT, MINNESOTA
PARK PROJECT 91-6
NO: 91-6
BID DATE:
TOTAL PARK PROJECT 91-6
S
GRAND TOTAL S
Total
Item No
-------
Spec No
--------
Descjription
----------------------------------------
Quantity
--------
Units
Unit Price Item Total
1
2105.501
CEXCAVATION
5000
CU YD
S
2
2573.503
SEE
ING
2
ACRE
S
3
2575.501
EROSION
CONTROL
400
LIN FT
S
4
2575.523FIBER
BLANKET TYPE REGULAR
150
S. Y.
t
TOTAL PARK PROJECT 91-6
S
GRAND TOTAL S
4. The Contract shall b awarded to the lowest responsible bidder for the Grand Total Bid only.
5. The Undersigned fu her proposes to execute the Contract Agreement and to furnish satisfactory bond
within ten (10) days after notice of the award of contract has been received. The Undersigned further
proposes to begin work as specified, to complete the work on or before date specified, and to maintain
at all times a Contract Bond, approved by the City, in an amount equal to the total bid.
6. In submitting this pr posal it Is understood that the right is reserved by the Owner to reject any or all
proposals and to waive informalities.
7. In submitting this proposal, the Undersigned acknowledges receipt of Addenda Nos.
Issued to the Contract Documents.
8. If a corporation, what is the state of incorporation?
9. If a partnership, stat full name of all co-partners.
Official Address
19
OSM Project No. 1783.06
By -
Title
By -
Title
Firm Name
PF -3
AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS
Affidavit of Non -Collusion:
I hereby swear (or affirm) under the penalty for perjury:
(1) That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership),
or an officer of employee of the bidding corporation having authority to sign on its behalf (if the bidder
is a corporation);
(2) That the attached bid or bids have been arrived at by the bidder independently, and have been
submitted without colluslon with, and without any agreement, understanding, or planned common
course of action with, any other vendor of materials, supplies, equipment or services described in the
invitation to bid, d igned to limit independent bidding or competition;
(3) That the contents Of the bid or bids have not been communicated by the bidder or its surety on any
bond furnished with the bid or bids, and will not be communicated to any person prior to the official
opening of the bid 'or bids; and
(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit.
Signed:
Firm Name:
Subscribed and sworn to b�efore me this
day of , 19
Notary Public
My commission expires '19—
p � _
Bidder's E. I. Number:
(Number used on Employe�'s Quarterly Federal Tax Return, U.S. Treasury Department Form 941):
Fair Trade Items:
List below each item upon which a bid is made, the price of which is affected by a resale price maintenance
or "fair trade" contract between the bidder and the person or firm supplying the item to the bidder. (Use reverse
side if necessary).
I ANC - 1
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made band entered into as of the day of , 1992, by and between the
City of Rosemount, a muncipal corporation under the laws of the State of Minnesota, hereinafter called the
"Owner", and 1 , hereinafter called the "Contractor".
WITNESSETH:
That in consideration of ther mutual covenants and agreements as hereinafter set forth, the Owner for itself and
the Contractor for itself, its successors, and assigns, covenants and agrees as follows; to wit:
1. The Contractor ag
every other thing r
all Contractor's s
improvement whic
agreed to provide
contractor's corps
complete the work
No. 91-6" prepares
all respects with t
conditions and spe
Project No. 91-6" 1
2.
3.
The Contractor a
conditions of this
ADVERTISEME
?es to furnish all the necessary materials, labor, use of tools, equipment, plant and
scessary to perform the work designated and referred to in this contract, including
perintendence and to furnish everything necessary for the completion of the
is the subject of this agreement (except such things as the Owner has specifically
according to the contract documents); and agrees under penalty of a public
ate surety bond in the amount of ($ ) to perform and
shown in the plans and drawings, entitled "Erickson Park Improvement, Park Project
by Orr-Schelen-Mayeron & Associates, Inc., and dated , and to conform in
e provisions and requirements of the general conditions, supplementary general
;ifications for said improvement, which is entitled "Erickson Park Improvements, Park
r the Owner prepared by Orr-Schelen-Mayeron & Associates, Inc., and dated
that performance shall be in accordance with* the terms, requirements and
nent, and laws of the State of Minnesota, and the following documents.
FOR BIDS for said Improvement No. 91-6 for the Owner.
CONTRACT DOCUMENTS for said Improvement No. 91-6 dated referred to in the preceding
paragraph of this /agreement and made a part of the aforementioned proposal
PLANS AND DRAVVINGS for said Improvement No. 91-6 as identified in a preceding paragraph of this
Agreement and which are dated
ANY ADDENDA to the plans, drawings, general conditions and specifications for said Improvement No.
91-6 which addenda were prepared by Orr-Schelen-Mayeron & Associates, Inc.
PUBLIC CONTRACTOR'S SURETY BOND in the principal sum of the amount bid.
Each and all of th aforementioned contract documents are hereby incorporated into this Agreement
by specific referen a and the terms and provisions thereof are and constitute a part of this Agreement
as though attach hereto or fully set forth herein.
The Owner agrees) to pay the Contractor for the performance of this Agreement and the Contractor
agrees to accept in full compensation therefor, the sums set forth within the aforementioned proposal
IOSM Project No. 1783.06 C.F.C. - 1
of the Contractor for each unit and each type of unit of work to be performed. It is understood and
agreed that the said proposal is for the construction of said Improvement No. 91-6 on a unit price basis
in accordance withhe said proposal, and that sum of $ as set out in said proposal, is the
sum of the unit pries, multiplied by the estimated quantities of the respective units of work listed
■ therein.
KNOW ALL MEN
PERFORMANCE AND PAYMENT BOND
' THESE PRESENTS that we
as principal _ and
— (a corporation certified by the Minnesota Commission of Insurance
as a surety as provided in Minnesota Statutes Sec. 71.31 and 574.15)
1 firmly bound unto the a Minnesota
ter called the "Obligee", for the use of the Obligee and of all persons
ng work or furnishing skill, tools, machinery, materials or insurance
lent or supplies, for any camp maintained for the feeding or keeping
;ngaged under, or for the purpose of, the contract described below, in
Dollars ($ ), for the
ll and truly to be made we bind ourselves, and each of us, and our, and
rs, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a written contract with the Obligee dated
and for which a boi
NOW TFTEREFOI
accordance with its
work, tools, machin
shall save the Oblig
doing of the work
brought hereon, in
successfully maintai
bond shall be void,
No assignment, moc
and authorized to ac
a Surety, are held an
corporation, hereinal
and corporations doi
premiums, or equipn
of men and animals
the amount of
_
payment of which we
a
each of our, successc
PERFORMANCE AND PAYMENT BOND
' THESE PRESENTS that we
as principal _ and
— (a corporation certified by the Minnesota Commission of Insurance
as a surety as provided in Minnesota Statutes Sec. 71.31 and 574.15)
1 firmly bound unto the a Minnesota
ter called the "Obligee", for the use of the Obligee and of all persons
ng work or furnishing skill, tools, machinery, materials or insurance
lent or supplies, for any camp maintained for the feeding or keeping
;ngaged under, or for the purpose of, the contract described below, in
Dollars ($ ), for the
ll and truly to be made we bind ourselves, and each of us, and our, and
rs, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a written contract with the Obligee dated
and for which a boi
NOW TFTEREFOI
accordance with its
work, tools, machin
shall save the Oblig
doing of the work
brought hereon, in
successfully maintai
bond shall be void,
No assignment, moc
1
19 , for the regularity and validity of which is hereby affirmed
1 is required by Minnesota Statutes Section 574.26;
E, if the Principal shall perform and complete said contract in
erms and shall pay, as they may become due, all just claim for such
ry, skill, materials, insurance premiums, equipment and supplies, and
harmless from all cots and charges that may occur on account of the
;)ecified and for the enforcing of the terms of this bond if action is
luding reasonable attorney fees, in any case where such action is
ed and for the compliance with the laws appertaining thereto, then this
nit otherwise shall remain in full force and effect.
ifications, or change in the contract, or change in the work covered
nsion of time for completion of the contract, shall release the Surety
and dated this day of , 19
is Signature:
(Seal of Contracto if a Corporation)
Witness to Surety's Signature:
By.
Its
And
Its
Its
thereby, nor any ext,
on this bond.
Sealed with our seal
Witnesses to Contra
1
19 , for the regularity and validity of which is hereby affirmed
1 is required by Minnesota Statutes Section 574.26;
E, if the Principal shall perform and complete said contract in
erms and shall pay, as they may become due, all just claim for such
ry, skill, materials, insurance premiums, equipment and supplies, and
harmless from all cots and charges that may occur on account of the
;)ecified and for the enforcing of the terms of this bond if action is
luding reasonable attorney fees, in any case where such action is
ed and for the compliance with the laws appertaining thereto, then this
nit otherwise shall remain in full force and effect.
ifications, or change in the contract, or change in the work covered
nsion of time for completion of the contract, shall release the Surety
and dated this day of , 19
is Signature:
(Seal of Contracto if a Corporation)
Witness to Surety's Signature:
By.
Its
And
Its
Its
GENERAL CONDITIONS
INDEX
PARAGRAPH
DESCRIPTION
PAGE NO.
1.
General
1
2.
Definitions
1
3.
Interpretation of Proposed Contract Documents
2
4.
Engineer's Status
3
5.
Compliance with Laws, Building Codes and Regulations
3
6.
Owner's Instructions for Bonds and Insurance
4
7.
Indemnification
6
8.
Patented Devices, Materials and Processes
7
9.
Permits and Licenses; Rights-of-way and Easements
7
10.
Assignment of Contract
7
11.
Subcontracting
7
12.
13.
Contractor's Responsibilities
Termination of Contractor's Responsibility
7
8
14.
Measurements
8
15.
Commencement and Performance of Work
8
16.
Contractor Disputes
9
17.
Conformity with Plans and Specifications
9
18.
Coordination of Plans and Specifications
9
19.
Contractor's Right to Request Changes
10
20.
Changes in Plans, Specifications or Character of Work
10
21.
Supervision
11
22.
Labor
12
23.
Storage of Materials
12
24.
Testing of Materials
12
25.
Defective Work
12
26.
Protection of Work, Persons and Property
13
27.
Damage to Existing Improvements
14
28.
Privileges of Contractor in Streets, Alleys and Rights -of -Way
16
29.
30.
Observatio i of Work
Delays and Extension of Time
16
16
31.
Removal of Nonconforming Material
17
32.
Correction of Work After Final Payment
17
33.
Failure to Complete Work on Time
17
34.
The Right of the Owner to Do the Work
18
35.
Right of the Owner to Declare Contractor in Default
18
36.
Exercise ol the Right to Declare in Default
19
37.
quitting the Site
19
38.
Completion of the Work After Default
19
39.
Partial Default
20
40.
Progress Payments
20
41.
Scope of Payment
21
42.
Payments Withheld
21
OSM Project
G.C. - Index
PARAGRAPH
DES RIPT
ON
PAGE NO.
43.
44.
Final Inspection
Final Payment
21
21
45.
No Waiver
of Legal Rights
22
46.
Workin Storms
22
47.
Night Work
22
48.
Use of Exp
osives
22
49.
Noise Elimination
23
50.
Water
23
51.
Sanitary Provisions
23
52.
Fossils
23
53,
Accident Prevention
23
54.
"Or Equal"
lause
23
55.
Discriminat
on on Account of Race, Creed, or Color Prohibited
23
56.
Sites to be
Kept Clean
24
57.
Guarantee
24
58.
Severability
24
59.
Effect on Headings
and Table of Contents
24
60.
61.
Contract Counterparts
Construction
24
24
62.
Written Notice
to Parties
25
63.
Compliance
with Human Rights Requirements
25
64.
Permissive
Arbitration Clause
25
OSM Project
G.C. - Index
1.
2.
GENERAL - The
work covered' un
ni:mmIT1nMq
GENERAL CONDITIONS
owing conditions are part of the Contract Documents and shall prevail on all
this Contract.
en used in this Contract, the following terms and their pronouns have the
following meanings unless the context clearly requires otherwise:
"A.S.T.M." means A erican Society for Testing Materials.
"ATTORNEY'S FEEO" means fees charged by counsel and the costs of litigation, including the costs
of prosecuting or defending an appeal, regardless of whether the appeal is of right or merely
discretionary.
"BIDDER" means any individual, firm or corporation submitting a proposal for the work
contemplated, acti 'g directly or through a duly authorized representative.
"COMPLETION DATE" means the date on which the Engineer certifies, in writing, to the Owner that
the Project is complete.
"CONSTRUCTIONDETAILS" means the engineer drawn directions pertaining to labor and material
construction requir ments on specific portions of the project.
"CONTRACT" meas the agreement covering the performance of the labor and the furnishing of
materials in the construction of the Project. The Contract shall include the "Contract Documents",
the "Contract Bid", and all supplemental agreements which reasonably may be required to complete
the construction of the Project.
"CONTRACT BOND" means the approved form of security furnished by the Contractor and his
Surety as a guarantee of good faith on the part of the Contractor to execute the work in accordance
with the terms of the Contract Documents.
"CONTRACT DOCUMENTS" means this Contract, the Plans and Specifications, the Construction
Details, the Bid Proposal, the Proposal Guarantee, the Contract Bond, all insurance policies insuring
any risk associated with this Project, all amendments, changes, or addendums made in accordance
with the provisions of any of said documents.
"CONTRACT PRICE" means the amount of money the Owner has agreed to pay to the Contractor
pursuant to the Contractor's bid:
"CONTRACTOR" means the individual, firm or corporation with whom the Owner contracts herein
and unless specified otherwise includes subcontractors.
"ENGINEER" means the City Engineer or its designee with respect to its responsibilities as Project
engineer.
"LABORATORY" means the testing laboratory approved by the Engineer to inspect and determine
the suitability of materials and other aspects of the Project.
"OBSERVER" meas an authorized representative of the Owner or Engineer assigned to observe
OSM Project
General Conditions
G.C. 1
the work.
"OWNER" means the individual, or other entity as identified in the Supplementary General
Conditions.
"PLANS" means all E pproved drawings or reproduction of drawings pertaining to the construction
■ of the Project.'
"PROJECT" means t e construction, erection, installation or other improvement to real property as
contemplated in the Plans and Specifications and all work fairly implied or understood as included
in the Contract Documents.
"PROJECT SITE" means the land in which, or on which, the Project is to be constructed, erected
or installed and includes all areas for which the Owner has acquired easements for purposes of this
Project.
"PROPOSAL" mean the written proposal of the Bidder to complete the Project as contemplated in
the Contract Documents, submitted in the Proposal Forma
"PROPOSAL FORM" means the approved form prepared by the Owner on which the Bidder submits
. his proposal for the Project.
"PROPOSAL GUARANTY" means the security as designated in the Proposal to be furnished by the
Bidder as a guarantee of good faith to enter into a contract with the Owner, if the Contract is
awarded to him.
"SPECIFICATIONS" eans the directions, conditions, provisions and requirements, together with all
written agreements ade or to be made, pertaining to the method and manner of performing the
labor, and to the quality and quantity of materials to be furnished under the. Contract.
"SURETY" means the individual or corporate body which is bound with and for the Contractor for
the acceptable performance of the Contract and for his payment for all obligations pertaining to the
Project.
"WORKING DAYS" means any day, excluding Saturday, Sunday, or State recognized Legal Holidays,
when weather conditions or the results of weather conditions will allow the Contractor to pursue,
for two hours 'between 8:00 A.M. and 4:30 P.M. with the normal working force, any item or items
of work which would be in progress at that time.
MEANING OF EXPRESSIONS: In order to avoid cumbersome and confusing repetition of
expressions in the Contract Documents whenever it is provided that anything is, or is to be done,
if, or as or when, or where "contemplated", "required", "directed", "specified", "authorized "ordered
"permitted", "suspended", "approved", "accepted", "given", "designated", "indicated", "considered
necessary", "unacceptable", "suitable", "unsuitable", "satisfactory", "unsatisfactory", or "sufficient", it
shall be taken to mean by or to the Engineer.
3. INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS - Prior to submitting a bid on the
Project, any person in doubt as to the meaning of any part of the Plans, Specifications or other
OSM Project General Conditions G.C. 2
proposed Contract Documents, may submit to the Engineer a written request for an interpretation
thereof. Any, interpretation of the proposed documents will be made or delivered to each person
receiving a set of tf e Contract Documents and such other prospective bidders who have requested
that they be furnisf ed with a copy of each addendum. The Owner will not be responsible for any
other explanation or interpretations of the proposed Contract Documents.
4. ENGINEER' STATUS - The Engineer shall be responsible for administration of the Contract. It
shall be the Contractor's responsibility to supervise and control its subcontractors and employees
and their actions.
The Engineer will be the interpreter of the requirements of the Contract Documents and the judge
of the performance thereunder by both the Owner and Contractor. The Engineer will render with
reasonable promptness interpretations necessary for the proper execution of progress of the work.
Either party to the contract may make written request to the Engineer for such interpretations.
Claims, disputes and 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
initially referred to the Engineer for decision, which decision will be rendered in writing within a
reasonable time. Iri the case of any discrepancy occurring between the Plans and Specifications,
the decision of thE Engineer is final. Unless otherwise specified in the Contract Documents, the
Owner shall forward all instructions to the Contractor through the Engineer.
The Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the
acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to',the performance and furnishing of the work and claims under this contract in respect
of the changes in the Contract Price or time of the performance will be referred initially to the
Engineer in writing with a request for a formal decision in accordance with this paragraph, which
the Engineer, will render in writing within a reasonable time. Written notice of each such claim,
dispute and other matter will be delivered by the claimant to the Engineer and the other party to the
Contract promptly (but in no event later than thirty days) after the occurrence of the event giving
rise thereto, and written supporting data will be submitted to the Engineer and the other party within
sixty days after such occurrence unless the Engineer allows an additional period of time to ascertain
more accurate data in support of the claim.
When functioning cis interpreter and judge under this paragraph, the Engineer will not show partiality
to Owner or Contractor and will not be liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of the decision by the Engineering pursuant
to this paragraph with respect to any such claim, dispute or other matter will be a condition
precedent to any exercise by Owner or Contractor of such rights or remedies as either may
otherwise have under the Contract Documents or by laws or regulations in respect of any such
claim, dispute or other matter.
The Engineer shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor or its agents, employees, subcontractors or
delegatees or for afety precautions and programs incidental to the work of the Contractor.
5. COMPLIAN E W TH LAWS BUILDING CODES AND REGULATIONS - The Contractor shall
familiarize himself ith all codes, laws, ordinances and regulations which in any manner affect those
engaged or employed in the Projector the materials or equipment used in or upon the Project, or
OSM Project General Conditions G.C. - 3
in any way affect the performance of the work on the Project. The provisions of such codes, laws
or ordinances are deemed to be a part of this Contract and the Contractor shall be bound by the
provisions thereof.
To the fullest extent permitted bylaw, the Contractor shall indemnify, defend and hold harmless
the Owner and Engi ieer and all of their directors, officers, employees, agents and servants against
any loss, claim, iiabi ity or expense (including reasonable Attorney's Fees) arising from or based on
the violation by Con ractor, its employees, subcontractors, agents or delegatees of any such code,
law, ordinance or regulation.
If the Contractor shall discover any provisions in the Plans, Contract, or Specifications or any
direction of the Engineer or Observer which is contrary to or inconsistent with any such code, law,
ordinance, regulation, he shall forthwith give notice of the inconsistency to the Engineer.
OWNER'S IN TRU TI NS FOR BONDS AND INSURANCE - No Contractor or Subcontractor shall
commence work under this contract until he has obtained at his own cost and expense all insurance
required herein. All insurance coverage is subject to approval of the Owner and shall be maintained
by the Contractor until final completion of the work. All insurance shall be on an occurrence basis
form only.
A. Bid S curit Bid security in the amount of five percent (5%) of the bid shall be submitted
with the bid. Failure of the successful bidder to execute the Contract and to furnish an
acceptable bond within ten (10) days after receiving written notice of the award of bids shall
cause, the bid security to be forfeited as liquidated damages.
B. Cont[' ct B ind: A contract or perfomance bond is required in the amount of 100% of the
Contract.
C. Work is C m ensation: The Contractor shall obtain, and maintain for the duration of this
Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance
as required under the laws of the State of Minnesota.
1. State: Minnesota - Statutory
2. Applicable federal (e.g. Longshoreman, harbor work, work at or outside U.S.
Bo ndaries)
3.
4.
5.
D. Compr
Protecti
shall ',ol
through
Bodily I
Employer's Liability
Benefits required by Union Labor contracts: As applicable.
VCUCIIrldl LICIUUUYkI I Jt;JUUJJJY l- I CIINJCJ-VNc/Qu V�. ucNcwo.•v...
oducts and Completed Operations• Broad Form Property Damage: Contractor
the following minimum insurance coverage and maintain it at all times
e life of the Contract, with the Owner included as an additional name insured:
$2,000,000 each occurrence
OSM Project General Conditions
G.C. 4
$2,000,000 aggregate, products and completed operations
Property Da age: $2,000,000 each occurrence
$2,000,000 aggregate
Produ is and Completed Operations Insurance shah be maintained for a minimum period
of thre (3)ears after final payment and Contractor shall continue to provide evidence of
such cover a to Owner on an annual basis during the aforementioned period; or if for any
reason Contractor's work ceases before final payment, for a minimum period of three (3)
years from a date Contractor ceases work.
Property Damage Liability Insurance shall include coverage for the following hazards:
X (Explosion)
C (Collapse`
U (Underground)
Contractual Liability (Identifying the contract
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate
Com rehen ive Automobile Liability owned non -owned hired
Bodily Inju $2,000,000 each person
$2,000,000 each accident
Property Damage: $2,000,000 each occurrence
Aircr ft Lia Ilii owned and non -owned when applicable, as follows:
With limitsproposed by Contractor for Owner's approval.
Watercraft Liabilitv (owned or non -owned when applicable, as follows:
Bodily Injury: $2,000,000 each person
$2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
The terms used in this Paragraph E to specify the required insurance are to be interpreted
according to the ordinary usage of the insurance industry.
N Project General Conditions G.C. - 5
' E. Builde 's
that if is
maintained,
Owner and
of the lOwnE
the Owner 1
F. Proof',gf Inc
with cbmpa
to the Own{
they shall s
days prior
certificates
evidence of
waiver of C,
as an'estor
c - Fire and Extended Coverage Insurance: If the nature of the Project is such
urable against the perils of fire, extended coverage, vandalism, malicious
or off site storage and in transit. Such insurance shall be procured and
intil final acceptance of the project, by the Contractor on behalf of himself, the
its subcontractors on a completed value form. If it is deemed in the interest
, the Owner may purchase the above coverage and Contractor shall reimburse
ie cost thereof.
irance: Insurance certificates evidencing that the above insurance is in force
pies acceptable to the Owner and in the amounts required shall be submitted
r for examination and approval prior to execution of the Contract, after which
ecifically provide that a certificate will not be modified except upon thirty (30)
ritten notice to the Owner. Neither Owner's failure to require or insist upon ,
r other evidence of insurance, nor Owner's acceptance of a certificate or other
insurance showing a variance from the specified coverage shall constitute a
ntractor's responsibility to comply with the insurance specifications or operate
)el against Owner.
G. Contra ctor' Insurance: Contractor provides the financial protection of the required
insurance to benefit both Owner and Contractor. Providing and paying for this insurance
is part of the consideration which Contractor offers Owner. Owner does not in any way
represent or warrant that the types or limits of insurance specified in this article adequately
protect Contractor's interest or sufficiently cover Contractor's liabilities.
7. INDEMNIFICATIO - To the fullest extent permitted by laws and regulations Contractor shall
indemnify, defend a id hold harmless Owner, its Officials and Engineer and their consultants, agents
and employees fro n and against all claims, damages, losses and expenses, direct, indirect or
consequential (inCIL ding but not limited to fees and charges of engineers, architects and Attorneys
Fees), arising',out Of or resulting from the performance of the work, provided that any such claim,
damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or for injury
to or destruction of roperty, including but not limited to the loss of use resulting therefrom and (b)
is caused in whole or in part by a negligent act or omission of Contractor, any Subcontractor, any
person or organizat on directly or indirectly employed by any of them, to perform or furnish any of
the work 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 or arises by or is imposed by law and regulations
irrespective of the negligence of any such party.
In any and all, claims against Owner or Engineer or any of their consultants, agents or employees
by any employee of Contractor, any subcontractor, any person or organization directly or indirectly
employed by any of them to perform or furnish any of the work or anyone for whose acts any of
them may be liable, the indemnification obligation under this paragraph shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or
for Contractor or damages, compensation or benefits payable by or for Contractor or any such
subcontractor oro her person or organization under worker's or workmen's compensation acts,
1 disability benefit acs or other employee benefit acts.
The obligation of Contractor under this paragraph shall not extend to the liability of Engineer,
Engineer's consultants, agents or employees arising out of the preparation or approval of maps,
drawings, opinions, reports, surveys, change orders, designs or specifications.
OSM Project General Conditions G.C. - 6
,
�
Contractor ag�ees that the indemnities stated in this Paragraph 7 should be construed and applied
in favor of Ind ('mnifi ation. To the extent permitted by law, the stated indemnities apply regardless
of any strict Liability or negligence attributable to the Owner (including sole negligence) or Engineer
and regardless of t ie extent to which the underlying harm is attributable to the negligence or
otherwise wrongful ct or omission (including breach of contract) of Contractor, its subcontractors,
agents, employees r delgatees. Contractor also agrees that if applicable law limits or precludes
any aspect of the mated indemnities, then the indemnities will be considered limited only to the
extent necessary tt comply with that applicable law. The stated indemnities continue until all
applicable statutes of limitations have run. If claim arises within the scope of the stated indemnity,
Owner may require Contractor to: (a) furnish and pay for a surety bond, satisfactory to Owner,
guaranteeing 'perfor ance of the indemnity from Contractor's insurance company. Contractor will
take the action reqL fired by Owner within fifteen (15) days of receiving notice from Owner.
8. PATENTED DiEVIC S MATERIALS AND PROCESSES - If the Contract requires, or the Contractor
desires, the use of z ny design, device, material or process covered by letters, patent or copyright,
trademark or trade r iame, the Contractor shall provide for such use by suitable legal agreement with
the patentee or ow er and a copy of said agreement shall be filed with the Owner. If no such
agreement is' madE or filed as noted, the Contractor and the Surety shall indemnify and save
harmless the Owner and Engineer from any and all claims for infringement by reason of the use of
any such patented c esign, device, material or process, or any trademark or trade name or copyright
' in connection with t ie Project agreed to be performed under the Contract, and shall indemnify and
defend the Owner and Engineer for any costs, liability, expenses and Attorney's Fees that result
from any such infringement.
' 9. PERMITS AND LICENSES; RIGHTS-OF-WAY AND EASEMENTS - The Contractor shall procure
all permits and licenses, pay all charges and fees therefore and give all notices necessary and
incidental to the construction and completion of the Project. The Owner will obtain all necessary
rights of way and easements. The Contractor shall not be entitled to any additional compensation
for any construction delay resulting from the Owner's not timely obtaining rights of way or
easements.
10. ASSIGNMENT OF ONTRACT - No assignment by the Contractor of his rights or obligations under
the Contract bocu ents, or of the funds to be received thereunder by the Contractor, will be valid
unless such assign ent has the prior written approval of the Owner, and each Surety has been
i given due notice o such assignment and has furnished written consent thereto. The following
language must be iricluded in any assignment of funds by the Contractor.
' "It is agree that the funds to be paid to the assignee under this assignment are subject to
the prior lin for services rendered or materials supplied for the performance of the work
called for in said Contract in favor of all persons, firms or corporations rendering such
services or supplying such materials."
11. SUBCONTRACTI G - All Subcontractors shall be subject to the approval of the Owner and the
Engineer and; no SL bcontract shall be let without such approval. Contracts between the Contractor
and the Subcontra tors shall incorporate all the provisions of this Contract.
12. CONTRACT R'S I IESPONSIBILITIES - The Contractor shall furnish all necessary equipment, tools,
labor, and material of every character and shall fully complete the Project in accordance with the
Plans, Specifications and detail drawings, for the Contract Price. The work to be performed under
OSM Project General Conditions G.C. - 7
this Contract for this improvement is to be at the Contractor's risk and he is to assume the
responsibility f r, and risk of, all damages to the Project or to property adjacent to the Project site.
The Contractor is further responsible for the safety and protection of its employees, subcontractors
or delegatees on theProject. The Contractor shall have charge of and be responsible for the entire
Project until its completion and acceptance. He shah be liable for any defects or deficiencies in his
work.
The Contractor warrants to the Owner and the Engineer that all materials and equipment furnished
under this Contract i vill be new unless otherwise specified, and that all work will be of good quality,
free from faults and defects and in conformance with the Contract Documents. All work not
conforming to these requirements, including substitutions not properly approved and authorized,
may be considered efective. If required by the Engineer, the Contractor shall furnish satisfactory
evidence as to the k nd and quality of materials and equipment. This warranty is not limited by the
provisions of Paragraph 57.
The Contractor shall have sole responsibility for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor or its agents, employees, subcontractors or
delegatees and for safety precautions and programs incidental to the work of the Contractor.
13. TERMINATION OFCONTRACTOR'S RESPONSIBILITY Except as otherwise provided for in the
Contract Documents, the Contractor's responsibility shall continue until final acceptance of his work
by the Engine ier, such acceptance to be made in accordance with the provisions of this Contract.
14. MEASUREMENTS Before ordering any material or doing any work, the Contractor shall verify all
measurements, dist nces, and calculations contained in the Specifications and shall be responsible
for the same.
No extra charge or compensation will be allowed on account of difference between actual
dimensions and dimensions indicated on the drawings; any difference which may be found shall be
submitted to the Engineer for considerations before proceeding with the work.
U.S. Standard Me sures will be used in the measurement of all work completed and such
measurements will a used as a basis for the computation of the quantities of work performed.
Linear measuremen s will be taken horizontally on all work except structures which will be measured
according to the neat line shown on the Plans or as ordered. Where work is to be paid for by units
of length, area, volume or weight, only the finished work shall be paid for, local customs to the
contrary notvithsta ding. For the estimating of quantities in which the computation of areas is
required, it is agreed that the planimeter shall be considered an instrument of precision adapted to
the measurement o such areas.
15. COMMENCE MENTAND PERFORMANCE OF WORK - No work shall be started until the Contract
has been executed and the Contractor has fulfilled all preliminary requirements of the Contract.
' Following exe cutior of this Contract, at the Owner's discretion, the Owner shall give the Contractor
written notice; to cc mmence work on the Project. The Contractor shall commence work on the
Project within ten ( 0) days of the date of such notice. The starting date for work on the Project
shall be the date the Contractor actually commences work on the Project or the tenth day after the
' date of the notice to commence work, whichever occurs first.
1
OSM Project General Conditions G.C. - 8
1�
The completion date shall be calculated using the starting date as defined above. In the event work
on the Project is temporarily discontinued by the Contractor, he shall notify the Engineer, in writing,
at least 24 hours before resuming work on the Project.
The Contractor' shall submit, at such times as may reasonably be requested by the Engineer,
schedules which shat show the order in which the Contractor proposes to carry on work on this
Project, with dates on which the Contractor will commence working on the several parts of the
Project and esti i matec dates of completion of the several parts. The Engineer shall have the right
to change the schedule as he deems necessary.
The work shall be performed in a manner that will insure completion within the time set in the
contract. In case of failure to perform the work in such manner, the Engineer shall have the right
to require the Contractor to place in operation such additional force and equipment as he deems
necessary.
CONTRACTOR DISPUTES - In case of a dispute arising between two or more Contractors engaged
on the same Project, the Engineer shall determine the matters at issue and shall define the
respective rights oft the various interests involved. His decisions shall be final and binding on all
parties concerned and shall not in any way be a cause for claim for extra compensation by any one
of the parties.
CONFORMITY'WIT PLANS AND SPECIFICATIONS - The Contractor shall not deviate from the
Plans, Specifications, details or the approved working drawings of the Project without the written
approval of the 'Engin er. All work performed and all materials furnished shall be in conformity with
the material requirements indicated in the specifications or Special Provisions.
If, in the opinion of tt e Engineer, any of the work performed or any materials furnished are not in
conformity with', the P ans or Specifications, such work or materials will be. considered as defective
work, and will be subj ct to Provision 1512 of the Minnesota Department of Transportation Standard
Specifications for Highway Construction.
COORDINATION OF PLANS AND SPECIFICATIONS - The Contractor shall notify the Engineer of
any apparent error or omission in the Plans, Specifications or details. The Engineer shall be
permitted to make Such corrections and interpretations as he deems necessary for the fulfillment
to the intent ofthe Plans, Specifications or Details.
Work not specifically included in the Contract Documents, but which may be fairly implied or
understood as included therein, shall be performed by the Contractor without extra charge.
Any ambiguity or discrepancy in the Contract Documents regarding work to be performed or
materials to be, used shall be resolved in favor of the best class of work or materials reasonably
available to the Cont actor.
In the case of any die, crepancy between the scale and figures on all Pians, details or drawings, the
figured dimensions s iall govern. In the case of any discrepancy between the quantities shown in
the Proposal and those shown on the Plans, the Plans shall prevail. In the case of any other
discrepancy in the C ntract Documents, the decision of the Engineer shall be conclusive.
OSM Project
General Conditions G.C. - 9
�
16.
17.
The completion date shall be calculated using the starting date as defined above. In the event work
on the Project is temporarily discontinued by the Contractor, he shall notify the Engineer, in writing,
at least 24 hours before resuming work on the Project.
The Contractor' shall submit, at such times as may reasonably be requested by the Engineer,
schedules which shat show the order in which the Contractor proposes to carry on work on this
Project, with dates on which the Contractor will commence working on the several parts of the
Project and esti i matec dates of completion of the several parts. The Engineer shall have the right
to change the schedule as he deems necessary.
The work shall be performed in a manner that will insure completion within the time set in the
contract. In case of failure to perform the work in such manner, the Engineer shall have the right
to require the Contractor to place in operation such additional force and equipment as he deems
necessary.
CONTRACTOR DISPUTES - In case of a dispute arising between two or more Contractors engaged
on the same Project, the Engineer shall determine the matters at issue and shall define the
respective rights oft the various interests involved. His decisions shall be final and binding on all
parties concerned and shall not in any way be a cause for claim for extra compensation by any one
of the parties.
CONFORMITY'WIT PLANS AND SPECIFICATIONS - The Contractor shall not deviate from the
Plans, Specifications, details or the approved working drawings of the Project without the written
approval of the 'Engin er. All work performed and all materials furnished shall be in conformity with
the material requirements indicated in the specifications or Special Provisions.
If, in the opinion of tt e Engineer, any of the work performed or any materials furnished are not in
conformity with', the P ans or Specifications, such work or materials will be. considered as defective
work, and will be subj ct to Provision 1512 of the Minnesota Department of Transportation Standard
Specifications for Highway Construction.
COORDINATION OF PLANS AND SPECIFICATIONS - The Contractor shall notify the Engineer of
any apparent error or omission in the Plans, Specifications or details. The Engineer shall be
permitted to make Such corrections and interpretations as he deems necessary for the fulfillment
to the intent ofthe Plans, Specifications or Details.
Work not specifically included in the Contract Documents, but which may be fairly implied or
understood as included therein, shall be performed by the Contractor without extra charge.
Any ambiguity or discrepancy in the Contract Documents regarding work to be performed or
materials to be, used shall be resolved in favor of the best class of work or materials reasonably
available to the Cont actor.
In the case of any die, crepancy between the scale and figures on all Pians, details or drawings, the
figured dimensions s iall govern. In the case of any discrepancy between the quantities shown in
the Proposal and those shown on the Plans, the Plans shall prevail. In the case of any other
discrepancy in the C ntract Documents, the decision of the Engineer shall be conclusive.
OSM Project
General Conditions G.C. - 9
�
,e
The completion date shall be calculated using the starting date as defined above. In the event work
on the Project is temporarily discontinued by the Contractor, he shall notify the Engineer, in writing,
at least 24 hours before resuming work on the Project.
The Contractor' shall submit, at such times as may reasonably be requested by the Engineer,
schedules which shat show the order in which the Contractor proposes to carry on work on this
Project, with dates on which the Contractor will commence working on the several parts of the
Project and esti i matec dates of completion of the several parts. The Engineer shall have the right
to change the schedule as he deems necessary.
The work shall be performed in a manner that will insure completion within the time set in the
contract. In case of failure to perform the work in such manner, the Engineer shall have the right
to require the Contractor to place in operation such additional force and equipment as he deems
necessary.
CONTRACTOR DISPUTES - In case of a dispute arising between two or more Contractors engaged
on the same Project, the Engineer shall determine the matters at issue and shall define the
respective rights oft the various interests involved. His decisions shall be final and binding on all
parties concerned and shall not in any way be a cause for claim for extra compensation by any one
of the parties.
CONFORMITY'WIT PLANS AND SPECIFICATIONS - The Contractor shall not deviate from the
Plans, Specifications, details or the approved working drawings of the Project without the written
approval of the 'Engin er. All work performed and all materials furnished shall be in conformity with
the material requirements indicated in the specifications or Special Provisions.
If, in the opinion of tt e Engineer, any of the work performed or any materials furnished are not in
conformity with', the P ans or Specifications, such work or materials will be. considered as defective
work, and will be subj ct to Provision 1512 of the Minnesota Department of Transportation Standard
Specifications for Highway Construction.
COORDINATION OF PLANS AND SPECIFICATIONS - The Contractor shall notify the Engineer of
any apparent error or omission in the Plans, Specifications or details. The Engineer shall be
permitted to make Such corrections and interpretations as he deems necessary for the fulfillment
to the intent ofthe Plans, Specifications or Details.
Work not specifically included in the Contract Documents, but which may be fairly implied or
understood as included therein, shall be performed by the Contractor without extra charge.
Any ambiguity or discrepancy in the Contract Documents regarding work to be performed or
materials to be, used shall be resolved in favor of the best class of work or materials reasonably
available to the Cont actor.
In the case of any die, crepancy between the scale and figures on all Pians, details or drawings, the
figured dimensions s iall govern. In the case of any discrepancy between the quantities shown in
the Proposal and those shown on the Plans, the Plans shall prevail. In the case of any other
discrepancy in the C ntract Documents, the decision of the Engineer shall be conclusive.
OSM Project
General Conditions G.C. - 9
19. CONTRACTOR'S RIGHT TO REQUEST CHANGES - If the Contractor shall discover, prior to or
during construction, anything in the Contract Documents or in supplementary directions by the
Engineer which 1h the opinion of the Contractor appears to be faulty engineering or design, he shall
forthwith advise the Engineer in writing of the apparent error. If no objection is raised by the
Contractor under the provisions of this paragraph, the Contractor waives any right to contest the
provisions of the Contract Documents on the basis of faulty engineering or design.
20. CHANGES IN PLANS. SPECIFICATIONS OR CHARACTER OF WORK - The Engineer has the
right as the work on the Project progresses, to make changes in the Contract Documents or in the
character of the work as may be considered necessary or desirable to complete construction of the
Project. Such changes shall not invalidate the Contract.
If the Contractor claims that any instructions, by drawings or otherwise, are unfair or involve extra
costs for which he Would claim extra compensation, he shall give the Engineer written notice thereof
within a reasonable time after the receipt of such instructions, and in any event before proceeding
to perform the work, except in an emergency endangering fife or property, and the procedure shall
then be as provided for changes in the work.
The Owner or the Engineer may make changes in the Contract Documents by altering, adding to,
or deducting from theContractor's obligations and the contract sum may be adjusted accordingly.
In the event the 'chan a made by the Engineer is to delete certain work or materials, no claim for
anticipated profits shall be made by the Contractor.
No such order f ! or extra work or change shall be valid unless authorized by official action of the
Owner and communicated to the Contractor in writing. All such work shall be executed under the
terms and conditions of this Contract, except that any claim for extension of completion time caused
thereby may beadjus ed at the time of ordering such change.
The Contractor shall be informed in writing of any such changes before performing the work. After
receipt of such' notic , the Contractor shall have five (5) days to submit a written request for
clarification, for addec compensation or for extension of completion time. Should the Contractor,
after having been noti led and before any agreement regarding added compensation or extended
completion time has been reached, perform any of the work covered by such changes, it will be
construed that he has accepted such change of the work without added compensation or extension
of time.
For the purpose, of co npensating the Contractor, the value of any authorized extra work or change
shall be determined in the following manner:
A. For all labor required to implement the change, the Contractor will receive the actual wages
paid for, each and every hour that laborers are actually engaged in such work, plus the cost
of bond,, insurance, and taxes allowable to such wage cost, to which cost shall be added
ten percent (0%) of the sum thereof. No charge shall be made by the Contractor for
organization or overhead expenses.
B. For all materials used the Contractor will receive the actual cost of such materials including
freight charges as shown by originals receipted bills, to which cost shall be added fifteen
percent (15%) of the sum thereof.
OSM Project
General Conditions
G.C. 10
7
l
Where materials are not specifically purchased for such extra work or changes, but are
taken from the Contractor's stock, the Contractor shall submit an affidavit of the quantity,
price a,bd freight on such materials in lieu of original bills, and invoices. This affidavit shall
be approved by the Engineer.
C. For any mac iinery, trucks, or equipment required to implement change, the Contractor will
receive a rez sonable rental price for each and every hour that said machinery Wicks
and equipment are in use on such work, and to which sum no percentage will be added.
Such rental price shall not exceed the rates established by the Rental Hate Blue Book for
Construction Equipment for this district for comparable rentals and shall be subject to the
Enalneer's a nroval.
The compensation as herein provided shall be received by the Contractor as payment in full for
' work done pursuant to any change and said ten percent (10%) for labor and said fifteen percent
(15%) for materials shall cover profit, superintendence, general expense, overhead, bond premiums,
insurance, the use ol small tools and equipment for which no rental is allowed, and all other costs
' incidental to implem Ming the change.
The Contractor or his representative and the Engineer or his representative shall compare records
of work performed pursuant to change at the end of each day. Copies of the records shall be
' made in triplicate an signed by both parties.
All such claim's for abor, affidavits of materials used, and claims for equipment used shall be
presented to the Engineer for payment not later than the first day of the month following that in
which the work was actually performed and shall include all labor charges and material charges
insofar as they, can be verified.
' Should the Contractor refuse or fail to execute the work as directed, or to submit his claim as
required, the Owne may withhold payment of all current draw requests or, after giving the
Contractor due noti a the Owner may make payment for said work on a basis of a reasonable
estimate of the valu of the work performed.
21. SUPERVISION - The Contractor shall designate one or more of his employees who shall have
responsibility and control of the Contractor's obligations and rights under the Contract Documents.
At least one of,such designated individuals will be present on the Project Site at all times that work
is in progress.
' These designated individuals shall represent the Contractor and all directions given to them pursuant
to the Contract Doc iments shall be binding as if given to the Contractor. All directions shall be
confirmed on writter1 request by Contractor.
The Contractor shall give efficient supervision to the Project using his best skill and attention, shall
carefully study, and compare all drawings, specifications and other instructions and shall promptly
notify the Engineer of any inconsistency or omission which he may discover.
' Copies of the Plan and Specifications will be supplied to the Contractor by the Engineer. The
Contractor shall have the Plans and Specifications available on the Project Site at all times during
' the performance of the work. He shall give the Project his constant attention to facilitate the
progress thereof and shall cooperate with the Engineer in setting and preserving stakes, bench
OSM Project General Conditions G.C. - 11
J
marks, and all other things that are necessary for satisfactory completion of the Project.
22. LABOR -Only dompe ent labor shall be employed on this Project. Whenever mechanical work is
required, it shall' be p rformed by skilled labor. The foreman or other person directing the work
shall be competent, s ber, and reliable, and shall extend every facility to the Engineer to enable him
to properly discharge his duties, and shall furnish such help as may be necessary to facilitate the
inspection of materials. The Owner reserves the right to require the removal of any particular
workman or workmen on the job if, in the judgment of the Engineer, it shalt be for the best interests
of the Project that su h particular workman or workmen be removed. Wherever possible, local
workers shall be:: given preference over imported workers, provided that they are equally competent
at the work applied for. Except for labor performed pursuant to a change in the Plans,
Specifications or Character of the work as stated above, and authorized by the Engineer, the
Contractor will not be allowed any compensation for any work performed on Saturdays, Sundays
or legal holidays.
23. STORAGE OF MATERIALS - Materials shall be stored so as to insure the preservation of their
quality and fitness for the work. Such materials, even though approved before storage, shall be
subject at any time to testing and must meet the requirements of the Contract Documents at the
time if they are' used in the Project. Materials shall be stored in a manner that will facilitate
inspection.
24.
25.
The portion of the Project Site or right-of-way not required for public travel may, with the consent
of the Engineer, be u ed for storage purposes and for the placing of the Contractor's plant and
equipment; but any ac ditional space required, unless otherwise stipulated, shall be provided by the
Contractor at his expense.
All materials, supplies and articles used in the Project shall, whenever so specified, and otherwise
wherever practicable, be the standard stock products of recognized reputable manufacturers..
From the commencement of the work until the completion of the same, the Contractor shall be
solely responsible for the care of the materials delivered at the site and intended to be used in the
Project, and all injury or damage to the same from whatever cause, shall be at his expense. The
Contractor shall', provide suitable means of protection for and shall take all necessary precautions
to prevent injury or damage to the materials of construction due to inclemencies of the weather at
any and all times.
and at the expe
facilities as the
materials repre,
to satisfy the C
without charge.
IALS - When tests of materials are necessary, such tests shall be made by
he Contractor unless otherwise provided. The Contractor shall provide such
per may require for collecting and forwarding samples, and shall not use the
by the samples until tests have been made and the materials have been found
Documents. The Contractor in all cases shall furnish the required samples
DEFECTIVE WORK - All work not conforming to the requirements of the Contract Documents shall
be considered as defective and will be rejected. The Contractor shall remove and renew or repair
all such defective wok as ordered, in writing, by the Engineer:
Should the Contract r fail or refuse to remove or renew any defective work or to make any
necessary repairs in a acceptable manner and in accordance with the requirements of the Contract
OSM Project
l
General Conditions
G.C. 12
t
7
1
in the me indicated in writing, Engineer shall have the authority to cause the , the
Documents with 9
unacceptable or defective work to be removed and renewed or repaired at the Contractor's
expense.
Any expense incurred by the Owner in making these removals, renewals, or repairs, which the
Contractor has failed o refused to make, shall be retained by the Owner from monies due or which
may become due the C ontractor, or may be charged against the Contract Bond. Continued failure
or refusal on the ',part c f the Contractor to make any or all necessary repairs promptly, fully and in
acceptable manner sh ill be sufficient cause for the Owner, at his option, to purchase materials,
tools and equipment, nd employ labor to perform the work. All costs and expenses incurred
thereby shall be charged against the Contractor, and the amount thereof deducted from all monies
due or which may become due to the Contractor under this Contract, or shall be charged against
the Contract Bond. Any work performed, as described in this paragraph, shall not relieve the
Contractor in any way from his responsibility for the work performed by him.
26. PROTECTION OF WORK. PERSONS AND PROPERTY- The Contractor shall be solely responsible
for initiating, maintaining and supervising all safety precautions and programs in connection with
the work. The Contractor shall take all reasonable precautions for the safety of and shall provide
all reasonable protecti n to prevent damage, injury or loss to:
A. All employees on the project and all other persons who may be affected thereby;
B. All the work and all materials and equipment to be incorporated therein, whether in storage
or on or off the site, under the care, custody or control of the Contractor, sub -contractors,
employees, ac ents or delegatees; and
C. Other propert at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of the construction.
The Contractor shall give all notices and comply with all applicable laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the safety of persons or property
or protection from da age, injury or loss. The Contractor shall erect and maintain, as required by
existing conditions and progress of the work, all reasonable safeguards for safety and protection,
including posting danger signs and other warnings against hazards, promulgating safety regulations
and notifying owners and users of adjacent utilities.
The Contractorshall furnish, erect and maintain good and sufficient lighted barricades at all
approaches to the Project Site as necessary to protect the Project and the public. He shall protect
all portions of the improvements from damage or defacement, and shall keep all public vehicular
traffic off the Project Site during construction of the Project and as required by the Engineer.
Where work on,the P oject is carried on, in , or adjacent to any street, alley or public place, the
Contractor shall furnish and erect such barricades, fences, lights and danger signals and shall
provide such watcher and take such other precautionary measures for the protection of persons
and property asare necessary. Excavations in or adjacent to public streets or alleys in which water
stands more than on (1) foot deep shall be securely barricaded so as to prevent access by the
public at all times work is not being carried on at the site of excavations. Barricades shall be placed
in accordance with the Minnesota Manual on Uniform Traffic Control Devices and Minnesota
G.C. - 13
OSM Project General Conditions
27.
Standard Signs Mai
to protect the work
When a detour is n
shall designate its
required by the Oen
When existing sewer;
provide and maintain
The Contractor shall t
for this purpose he sh
temporary outlets and
and other necessary
received from these t(
returned to service. 1
under the contract, e)
or sewage shall be di:
the work in progress
At shaft sites and on
hydrants, water and g
open or other satisfac
The Contractor $hall
Project and shall as;
resulting from such
methods of draining.
No trees shall be cut
shall be protected fr(
Parts I, LI and 111. The Contractor shall furnish watchers in sufficient numbers
>sary because a street is blocked by the work on the Project, the Engineer
and the Contractor shall furnish and post detour signs of type and size
at places designated by the Engineer.
have to be removed, the Contractor shall at his own cost and expense
mporary outlets and connections for all private or public drains and sewers.
responsible for all sewage and drainage from these drains and sewers; and
I provide and maintain, at his own expense, adequate pumping facilities and
iversions. The Contractor at his own expense shall construct troughs, pipes,
ructures, and be prepared at all times to dispose of drainage and sewage
nporary connections until such time as the permanent connections shall be
e existing sewers and connections shall be kept in service and maintained
ept where specified or ordered to be abandoned by the Engineer. All water
posed of in a satisfactory manner so that no nuisance is created and so that
ill be adequately protected.
open cut work, the Contractor shall provide and maintain free access to fire
valves, manholes and similar facilities. Gutters and waterways shall be kept
)ry provisions made for the removal of stormwater.
wide at his own cost and expense all methods for adequate drainage of the
ne full responsibility and Liability for damage to any persons or property
ainage. No separate compensation will be paid for sub -drains, or other
'he cost thereof shall be included in the Proposal and Contract.
;ept upon the specific authority of the Engineer. Trees adjacent to the work
all damage by the construction operations.
a IMPROVEMENTS - The Contractor shall be entirely responsible for the
protection of all impr vements that are not designated by the Engineer to be removed for proper
construction of the project.
The Contractor shall not enter upon private property for any purpose without having previously
obtained written per ission from the owner thereof. The Contractor shall be responsible for the
preservation of, and phall use every precaution to prevent damage to, all trees, shrubbery, plants,
lawns, fences, culvert!;, bridge, pavements, driveways, sidewalks, etc., all water, sewer and gas lines;
all conduits; all over ead pole lines or appurtenances thereof; and all other public or private
property along or adj cent to the work.
All damage to existing improvements during the progress of this improvement shall be promptly
repaired by the Con ractor under the direction of the Engineer. Such repairs shall be made
according to the requirements of the standard specifications of the City for various types of
improvements or classes of work required.
The Contractor shall notify the proper representatives of any public utility, corporation, or company
or individual, not less han forty-eight hours in advance of any work which might damage or interfere
IOSM Project
l
General Conditions
G.C. 14
with the operation
of
their or his property. The Contractor shall be responsible for all damages or
injury to property
res
Iting from any act, omission, neglect or misconduct in the manner or method
of executing th
w:ork,
or due to his non -execution of the work, or at any due to defective work
or materials. H
shal
restore, or have restored at his own cost and expense, all damaged property
to a condition similar
or equal to that existing before such damage or injury was done, by repairing,
rebuilding, of
herw
se restoring as may be directed, or he shall provide compensation for such
damage or injuy
in a
manner acceptable to the Owner or the Engineer.
In case of failu
a on
he part of the Contractor to restore such property or compensate for such
damage or injury,
th
Owner may, upon forty-eight hourswritten notice to the Contractor under
ordinary circu
stanc
as, without notice when a nuisance or hazardous condition results, proceed
to repair, rebuild,
or
otherwise restore such property as he may deem necessary, and the cost
thereof will be
deduc
ed from any monies due to the Contractor under this Contract and if not so
deducted, the
ontr
ctor will be obligated to forthwith reimburse the Owner for the cost thereof.
Prior to construlction,
the Contractor shall determine the existence and location of public and private
utilities which may
be
underground or overhead within street and highway rights-of-way or within
easements and
which
may be interfered with under this contract.
Existing under(
in the Contract
roun
)ocu
, surface, or overhead structures or conditions are not necessarily indicated
ents, and those shown are only approximate indications and no responsibility
is assumed b
the
Owner or the Engineer for the accuracy of locations or conditions. The
Contractor shale
make
such investigations as are necessary to determine the extent to which existing
structures or conditions
may interfere with construction and completion of the Project. The sizes,
locations and depths
of such structures or conditions as are shown on the Contract Documents are
only approximations
and the Contractor is responsible for verifying the accuracy of the information
given.
I
The Contractor
shall
iot claim nor be entitled to receive compensation for any damages sustained
by reason of the
inaccuracy
or the omission of any of the information on the Contract Documents
relative to the s
rfac
% overhead, or underground structures or conditions or by reason of his failure
to properly protect
aid
to maintain such structures or conditions.
The Contracto
is to
axercise extreme care in crossing or working adjacent to all utilities and shall
be responsible
to protect
and maintain utility operation during the time the work is in progress. The
Contractorshalh
rest
structures, including, but not limited to
re,'at his own expense, any publics uc g, ,
watermains, water
connections
and appurtenances, sewers, manholes, catch basins and sewer
connections, which
are
damaged or injured in any way during construction of the Project.
The Contractor
shall
indemnify, defend and hold harmless the Owner and Engineer, their offices,
agents,
ees or
delegatees from any suit, liability, expense (including reasonable Attorney's
Fees) or claim
bro
ght for or on account of any damage, maintenance, removal and/or
replacement, o
relocation
of mains, conduits, pipes, poles, wires, cables or other such structures
of private utility
firms,
or corporations, whether underground or overhead, that may occur during
construction of
the Project.
However, in cases where the alignment of the utility, as shown on the
Plans, coincides
witt
the existing location of either an overhead or underground privately owned
utility so that, i
the c
pinion of the Engineer, the relocation of said utility is required to complete the
Project, the OW
ner s
iall provide for such relocation.
General Conditions
G.C. 15
employee of either, or by any other Contractor employed by the Owner, or by changes ordered in
the work, or by strike, or other causes beyond the Contractor's control, or by any cause which the
Engineer shall determine justifies the delay, then the Completion Date shall be extended for such
reasonable time, as the Owner may decide, and the decision of the Owner shall be binding on both
parties and shall not be arbitrary or unreasonable. No such extension shall be made for delay
unless a claim therefo a is made in writing to the Engineer within seven (7) days after the period of
delay commenced. The Contractor shalt not be entitled to extension of time for each one of several
concurrent causes of delay, but only for the actual period of delay, The Contractor shall have no
claim for damages against the Owner for delay in performance of the Contract due to any actor
omission of the:Owner or any of its representative. His sole remedy for delay, shall be hisrightto
apply to the Engineer forextensionof time as provided herein.
31. REMOVAL OF NONCONFORMING MATERIAL - The Contractor shall promptly remove from the
premises all materials determined by the Engineer as failing to conform to the Contract, whether
Incorporated in the Pr ject or not, and the Contractor shall promptly replace and re -execute his own
work in accordance with the Contract Documents and without expense to the Owner and shall bear
the expense of restoring all work of other Contractors destroyed or damaged by such removal or
replacement.
All materials not conforming to the requirements of the Specifications shall be considered as
defective and all such materials, whether in place or not, will be rejected and shall be removed
immediately. No material which has been rejected, the defects of which have been corrected or
removed, shall be used until approval has been given by the Engineer.
If the Contractor does not remove rejected material within a reasonable time, the Owner may
remove them and maV store the material at the expense of the Contractor. If the Contractor does
not pay the expense of removal within ten (10) days after demand for payment is made in writing,
the Owner, may, upo ten (10) days written notice to the Contractor, sell such material at auction
or at private sale and shall account to the Contractor, for the net proceeds thereof, after deducting
all the costs and expenses of removal, storage and sale.
32. CORRECTION OF WORK AFTER FINAL PAYMENT - Neither the Certificate of Completion, nor
payment, nor any pro, /ision of the Contract Documents, shall relieve the Contractor of responsibility
for faulty materiel or workmanship, and unless otherwise specified he shall remedy all defects and
pay for any damage -o other work resulting therefrom which shall appear within a period of one
(1) year from the datof substantial completion. The Owner shall give notice to the Contractor of
observed defects wit reasonable promptness.
33. FAILURE TO COMP LETE WORK ON TIME The Contractor guarantees that he can and will
complete the work within the time limit stated in the Contract Documents, or within the time as
extended as provide ' elsewhere in the Contract Document. Inasmuch as the damage and loss to
the Owner which wil result from the failure of the Contractor to complete the work within the
stipulated time will be most difficult or impossible to accurately assess, the damage to the Owner
for such delay shall b a liquidated at a daily rate as set in the Supplementary General Conditions or
in the amount thereo in accordance with the following table for each calendar day, Sundays and
holidays included, thE Project is not substantially complete beyond the completion date as originally
determined or therea ter extended.
OSM Project General Conditions G.C. - 17
34.
SCHEDULE OF LIQUIDATED DAMAGES
Original Contract Am 'unt Charge per
From More Than To and Includinci Calendar Day
$ 0I $ 50,000 $150
50,000 100,000 250
100,000 500,000 400
500,000 1,000,000 500
1,000,000 2,000,000 600
2,000,000 ---- 900
The liquidated damages shall not be considered a penalty. The Owner has the right to deduct and
retain out of any money due, or to become due to the Contractor, the amount of liquidated
damages accrued, and in case those amounts are less than the amount of liquidated damages, the
Contractor shall pay the difference upon demand.
The Owner shall' not a deemed to have forfeited or waived its right to liquidated damages by
permitting the Ckontra for to continue work on the Project beyond the Completion Date, nor by
assuming control of tf a Contractor's obligations and completing the Project as provided for in this
Contract, nor by term nating this Contract as provided herein.
THE RIGHT OF THE 6WNER TO DO THE WORK - If the Contractor should neglect to properly
perform his obli 'atio s under this Contract, or fail to perform any provision of the Contract, the
Owner, after thr a (3) day's written notice to the Contractor, may without prejudice to any other
remedy the Ow er may have, correct such deficiencies and may deduct the cost thereof from the
payment then o thereafter due the Contractor.
35. RIGHT OF THE,:
instances specifically
OW'
ER TO DECLARE CONTRACTOR IN DEFAULT - In addition to those
referred to in other Articles herein, the Owner shall have the right to declare
the Contractor iii
default
of this Contract upon the occurrence of any of the following:
A. The Coal
tract
r becomes insolvent; or
B. The Co
tract
'r makes an assignment for the benefit of creditors pursuant to the statutes
of the Sate
ol
Minnesota or the laws of the United States; or
C. A voluntary
or
involuntary petition in bankruptcy is filed by or against the Contractor; or
D. The Contractor
fails to commence work within the time prescribed under the Contract after
being duly
notified
to do so by the Engineer; or
E. The Contractor
abandons the Project; or
F. The Contract
'r refuses to proceed with work on the Project when and as directed by the
Engineelr;
or
G. The Contractor,
without just cause, reduces his working force to a number which, if
maintained,
would
be insufficient, in the opinion of the Engineer, to complete the work in
OSM Project
General Conditions
G.C. - 18
39. PARTIAL DEFAULT - Ln the event the Owner shall declare the Contractor in default as to a part of
the Project only, the Contractor shall discontinue work on such part, in conformity with the terms
of the Contract, and st all in no way hinder or interfere with any other Contractor or persons whom
the Owner may, enga a to complete the portion of the Project for which the Contractor was
declared in default.
The provisions of Article 35 relating to default as to the entire Project shall be equally applicable to
a declaration of partial default, except that the Owner shall be entitled to utilize for completion of
the part of the Project s to which the Contractor was declared in default only such plant, materials,
equipment, tools and supplies as had been previously used by the Contractor on such part.
40. PROGRESS PAYME TS - Application for progress payments shall be submitted prior to the first
day of each calendar i nonth. The Contractor shall submit to the Engineer a verified application for
each payment, and, if equired, receipts or other vouchers showing his payments for materials and
labor, including paym nts to subcontractors.
In addition, if required by the Engineer, the Contractor shall before the first application, submit to
the Engineer a schedule of values and quantities of the various parts of the Project. The division
of the Project into parts shall be in accordance with the instructions of the Engineer. This schedule
shall apportion the total contract price among the various parts of the Project and shall be in form
and accompanied by supporting evidence as required by the Engineer. In applying for payments,
the contractor shall submit statement based upon this schedule, supported by such evidence as the
Engineer may direct, showing his right to payment claimed. Payment claimed on account of
materials delivered and suitably stored at the site, but not incorporated in the work, shall, if required
by the Engineer be conditions upon submission by the Contractor of bills of sale, or such procedure
as will establish the title of the Owner to such material, or otherwise adequately protect the interest
of the Owner.
Upon receipt of: he Contractor's claim for payment, the Engineer shall approve the claim for the
amount he determines to be properly due. The Engineer will examine claims for payment promptly
and his determination of the amount due on progress payments will be final. Unless payments are
withheld by the Owner for reasons as provided in this Contract, payment will be made once a month
on a basis of ninety-five percent (95%) of the approved claim, provided the work is progressing to
the satisfaction of the Engineer. Monthly payment claims may include the value of acceptable
materials required in the construction which have been delivered on the site of the work or adjacent
railway siding, and for which acceptable provisions have been made for their preservation and
storage and for which title of the Owner has been satisfactorily established. All materials, when so
paid for by Owner may use those materials in the performance of the work provided for in the
contract. The amou t paid by the Owner for materials should go to reduce estimates due the
Contractor as the materials are used in the work.
From the total claim, five, percent (5%) will be retained. The Contractor shall have the options
regarding retaining in accordance with Minnesota Statutes 15.71 to 15.74.
Progress payment applications will be processed for payment by the Owner not later than the third
Monday of the following month, unless delayed by requirements for examination or auditing by other
authorities. Progress payments shall not constitute acceptance by the Owner of the work performed
nor waiver of any defects therein.
OSM Project General Conditions G.C. - 20
41. SCOPE OF PAYME
T - The Contractor shall receive and accept the compensation, as herein
provided, in full payment
for furnishing all materials and labor and for all costs of whatever nature
associated with perfc
rming all work contemplated and embraced under the Contract; for all loss or
damage arisingout
of the nature of the work, or from the action of the elements, until its final
acceptance by the
wner; for all risks connected with the performance of the work; and for all
expenses incurred in
consequence of the suspension or discontinuance of performance of the work
as herein specified.
42. PAYMENTS WITHHELD
- In addition to retained percentages, the Owner may withhold from
payment to the Cont
actor such an amount or amounts as may be necessary to cover:
A. Defective work
not remedied.
B. Claims for labor
or materials furnished the Contractor or subcontractor, or reasonable
evidence indicating
probable filing of such claims.
C. Failure of the
Contractor to make payments properly to subcontractors for material or labor.
D. A reasonable
doubt that the contract can be completed for the balance then unpaid.
E. Evidence of
damage alleged to be caused by the Contractor to other persons or property
in conn: ectio
with the work under the Contract for which claim has been or will be asserted
against the Contractor,
the Owner or the Engineer.
The Owner may disburse
and shall have the right to act as agent for the Contractor in disbursing
such funds as have been
withheld pursuant to this paragraph to the party or parties who are entitled
to payment therefrom,
but the Owner assumes no obligation to make such disbursement. The
Owner will render to
the Contractor a proper accounting of all such funds disbursed.
43. FINAL INSPECTION
- The Engineer will make final inspection of the Project as soon as practicable
after notification by the
Contractor that work is nearing completion. If the work is not acceptable
to the Engineer at the
time of his inspection, he will advise the Contractor in writing as to the
particular defects to
be remedied before acceptance. If, within a period of (10) days after such
notification, the Con
ractor has not taken steps to speedily complete or correct the defect as
directed, the Engineer
may, without further notice and without in any way impairing the Contract,
make such other arrangements
as he may deem necessary to have the work completed in a
satisfactory manner.
The cost of so completing such work shall be deducted from any monies due,
or which may becorne
due the Contractor on this Contract. If the amount due or to become due
is insufficient to co
r the cost, the Contractor shall pay the unpaid amount to the Owner on
demand.
44. FINAL PAYMENT -
Upon completion of the Project and its acceptance by the Engineer, the
Engineer will prepare
a final estimate containing quantities of each and every item of work
performed by the Cc
ntractor and the value thereof and will certify in writing to the Owner that the
Project is complete
and that he has accepted the work. Upon performance by the Contractor of
all other obligations herein,
the Owner will accept the certificate for final payment and will notify the
Contractor and his cl
and the Engineer, b
urety or Sureties of the acceptance of the Project. The action of the Owner
which the Contractor is to be bound and the Contract concluded according
to the terms thereof,
shall be evidenced by the aforesaid Certificate of Final Payment. All prior
OSM Project
General Conditions G.C. - 21
on which payment may have been made are merely partial estimates and
the final payment.
made for the work on this Project, the Contractor must make a satisfactory
-nplied with the provisions of Minnesota Statutes 290.92, as now existing or
Wring the withholding of State income tax for wages paid employees on this
Compliance from the Commissioner of Taxation will satisfy this requirement.
be made until the Contractor has filed with the Owner evidence in the form
h other evidence as may be required, that all claims against him by reasons
been fully paid, or satisfactorily secured. In case such evidence is not
iay retain out of any amount due the Contractor sums sufficient to cover all
LL RIGHT - The Owner, or the Engineer, shall not be precluded or estopped
ne, that any measurement, estimate or certificate is incorrect or that the work
t thereof do not conform to the Contract Documents. The Owner shall have
whole or any part of the work or material, should the said measurement,
payment be found, or be shown, to be inconsistent with the terms of the
;hall not be precluded or estopped, notwithstanding any such measurement,
payment in accordance herewith, from demanding and recovering from the
ety such damages as it may sustain by reasons of his failure to comply with
act Documents.
Neither the acceptance of the Owner or its Engineer or any of their agents or employees, nor any
certificates by the Engineer, for payment of money, nor any extension of time, nor any possession
taken by the Owner o its employees shall operate as a waiver of any portion of the Contract or any
power or right herein -eserved by the Owner, nor shall any waiver of any breach of the Contract be
held to be a waiver of any other breach.
46. WORK IN STORMS
or snow storms or of
stoppage or delay,
manner as to preve
purpose.
The Contractor will
Engineer due to any
47. NIGHT WORK Wor
on upon direction of
opinion, it is for 'the t
under the direction
be provided by the
allowed by the Cont
48. USE OF EXPLOSIV'
Contractor shall obts
He shall fully protect
IOSM Project
The Engineer may have the right to order the stoppage of work during rain
r meteorological situations that, in the opinion of the Engineer, require work
d all freshly placed work shall be protected by suitable covering in such a
damage. Sufficient covering shall be provided and kept ready for this
be entitled to extra compensation for work stopped or delayed by the
:eorological phenomenon.
on the Project shall not be done at night except in the event of an emergency
ie Engineer. The Engineer may order work to be performed at night, if in his
st interest of the Owner. All work performed at night shall only be performed
d supervision of the Engineer. Suitable and sufficient lighting facilities shall
:ontractor for all work performed at night. No extra compensation will be
ctor for work performed at night.
- If it is necessary to use explosives in the construction of the Project, the
permits and comply with all the applicable laws, ordinances and regulations.
completed works as well as all overhead surface or underground structures
General Conditions G.C. - 22
45. NO WAIVER OF LEI
certificates or claims
subject to torr fiction
the right to reject ti
Before final payment
showing that he has
hereafter amended, r,
Project. A Certificate
Final payment will nc
of an affidavit, and SL
of the Contract havf
furnished, the Owner
claims unpaid.
on which payment may have been made are merely partial estimates and
the final payment.
made for the work on this Project, the Contractor must make a satisfactory
-nplied with the provisions of Minnesota Statutes 290.92, as now existing or
Wring the withholding of State income tax for wages paid employees on this
Compliance from the Commissioner of Taxation will satisfy this requirement.
be made until the Contractor has filed with the Owner evidence in the form
h other evidence as may be required, that all claims against him by reasons
been fully paid, or satisfactorily secured. In case such evidence is not
iay retain out of any amount due the Contractor sums sufficient to cover all
LL RIGHT - The Owner, or the Engineer, shall not be precluded or estopped
ne, that any measurement, estimate or certificate is incorrect or that the work
t thereof do not conform to the Contract Documents. The Owner shall have
whole or any part of the work or material, should the said measurement,
payment be found, or be shown, to be inconsistent with the terms of the
;hall not be precluded or estopped, notwithstanding any such measurement,
payment in accordance herewith, from demanding and recovering from the
ety such damages as it may sustain by reasons of his failure to comply with
act Documents.
Neither the acceptance of the Owner or its Engineer or any of their agents or employees, nor any
certificates by the Engineer, for payment of money, nor any extension of time, nor any possession
taken by the Owner o its employees shall operate as a waiver of any portion of the Contract or any
power or right herein -eserved by the Owner, nor shall any waiver of any breach of the Contract be
held to be a waiver of any other breach.
46. WORK IN STORMS
or snow storms or of
stoppage or delay,
manner as to preve
purpose.
The Contractor will
Engineer due to any
47. NIGHT WORK Wor
on upon direction of
opinion, it is for 'the t
under the direction
be provided by the
allowed by the Cont
48. USE OF EXPLOSIV'
Contractor shall obts
He shall fully protect
IOSM Project
The Engineer may have the right to order the stoppage of work during rain
r meteorological situations that, in the opinion of the Engineer, require work
d all freshly placed work shall be protected by suitable covering in such a
damage. Sufficient covering shall be provided and kept ready for this
be entitled to extra compensation for work stopped or delayed by the
:eorological phenomenon.
on the Project shall not be done at night except in the event of an emergency
ie Engineer. The Engineer may order work to be performed at night, if in his
st interest of the Owner. All work performed at night shall only be performed
d supervision of the Engineer. Suitable and sufficient lighting facilities shall
:ontractor for all work performed at night. No extra compensation will be
ctor for work performed at night.
- If it is necessary to use explosives in the construction of the Project, the
permits and comply with all the applicable laws, ordinances and regulations.
completed works as well as all overhead surface or underground structures
General Conditions G.C. - 22
45. NO WAIVER OF LEI
from showing at any
or materials or any r
the right to reject ti
estimate, certificate
Contract. The OwnE
estimate, certificate i
Contractor and his ;
the terms of the Coi
on which payment may have been made are merely partial estimates and
the final payment.
made for the work on this Project, the Contractor must make a satisfactory
-nplied with the provisions of Minnesota Statutes 290.92, as now existing or
Wring the withholding of State income tax for wages paid employees on this
Compliance from the Commissioner of Taxation will satisfy this requirement.
be made until the Contractor has filed with the Owner evidence in the form
h other evidence as may be required, that all claims against him by reasons
been fully paid, or satisfactorily secured. In case such evidence is not
iay retain out of any amount due the Contractor sums sufficient to cover all
LL RIGHT - The Owner, or the Engineer, shall not be precluded or estopped
ne, that any measurement, estimate or certificate is incorrect or that the work
t thereof do not conform to the Contract Documents. The Owner shall have
whole or any part of the work or material, should the said measurement,
payment be found, or be shown, to be inconsistent with the terms of the
;hall not be precluded or estopped, notwithstanding any such measurement,
payment in accordance herewith, from demanding and recovering from the
ety such damages as it may sustain by reasons of his failure to comply with
act Documents.
Neither the acceptance of the Owner or its Engineer or any of their agents or employees, nor any
certificates by the Engineer, for payment of money, nor any extension of time, nor any possession
taken by the Owner o its employees shall operate as a waiver of any portion of the Contract or any
power or right herein -eserved by the Owner, nor shall any waiver of any breach of the Contract be
held to be a waiver of any other breach.
46. WORK IN STORMS
or snow storms or of
stoppage or delay,
manner as to preve
purpose.
The Contractor will
Engineer due to any
47. NIGHT WORK Wor
on upon direction of
opinion, it is for 'the t
under the direction
be provided by the
allowed by the Cont
48. USE OF EXPLOSIV'
Contractor shall obts
He shall fully protect
IOSM Project
The Engineer may have the right to order the stoppage of work during rain
r meteorological situations that, in the opinion of the Engineer, require work
d all freshly placed work shall be protected by suitable covering in such a
damage. Sufficient covering shall be provided and kept ready for this
be entitled to extra compensation for work stopped or delayed by the
:eorological phenomenon.
on the Project shall not be done at night except in the event of an emergency
ie Engineer. The Engineer may order work to be performed at night, if in his
st interest of the Owner. All work performed at night shall only be performed
d supervision of the Engineer. Suitable and sufficient lighting facilities shall
:ontractor for all work performed at night. No extra compensation will be
ctor for work performed at night.
- If it is necessary to use explosives in the construction of the Project, the
permits and comply with all the applicable laws, ordinances and regulations.
completed works as well as all overhead surface or underground structures
General Conditions G.C. - 22
49.
50.
51.
and shall be liable
public or private pry
in his operations. 'E
All firing shall be d(
in a storage facility
be stored at the sa
r any damage done to the work or to the Project or to other structures on
erty, and for injuries sustained by persons by reason of the use of explosives
dosives shall be handled, used and detonated by experienced personnel only.
9 by electricity. All explosives supplies shall be safely stored and protected
parked clearly "DANGER- EXPLOSIVES". Caps or other exploders shall not
location where dynamite or other explosives are stored:
NOISE ELIMINATIO - The Contractor shall eliminate noise to as great an extent as possible at all
times. Air compressing plant shall be equipped with silencers and the exhausts of all gasoline
motors or other power equipment shall be provided with mufflers.
WATER - The Contractor shall make arrangements with the proper state and local officials and/or
private parties for obtaining any water which may be needed for construction or personal use.
SANITARY PROVISIONS - The Contractor shall comply with all laws, ordinances and regulations,
as now existing or hereafter amended, of the State and local health authorities and shall make the
necessary precautions to avoid unsanitary conditions.
52. FOSSILS - If any fossils or treasure or other unusual or valuable geological formations are found
in the progress of excavating, such fossils, treasures or samples of geological formation shall be
carefully preserved by the Contractor who shall convey such items to the Engineer. These items
shall become the property of the Owner unless otherwise governed by applicable law.
53. ACCIDENT PREVENTION Precautions shall be exercised by the Contractor at all times for the
protection and saf ty of persons and property in accordance with the applicable OSHA
requirements.
54. "OR EQUAL° CLAU E - Whenever in any of the Contract Documents any article, appliance, device
or material is design ted by the name of the manufacturer or vendor or by any proprietary name,
and such name is not followed by the words "or equal', it shall be deemed that such words "or
equal' do follow such designation, unless the context clearly requires a contrary construction. Any
article or material equaling the standards of the item specified may be used in place of that
specifically mentioned by the Contract Documents provided that the material proposed is first
submitted to and accepted by the Owner or his authorized representative.
55. DISCRIMINATION ON ACCOUNT OF RACE CREED OR COLOR PROHIBITED The Contractor
agrees to abide by the following requirements regarding discrimination and to include the following
requirements in each of its subcontracts:
A. That, in the hiring of common or skilled labor for the performance of any work under any
contract, or any subcontract hereunder, no contractor, material supplier, or vendor, shall
by any reason of race, creed, color, religion, national origin, sex, marital status with regard
to public assistance, membership or activity in a local commission, disability or age
discriminate against the person or persons who are citizens of the United States who are
qualified and available to perform the work to which such employment relates;
B. That no Contractor, material supplier, or vendor shall, in any manner, discriminate against,
or intimidate, or prevent the employment of any such person or persons, or on
being hired prevent, or conspire to prevent, any such person or persons from the
OSM Project General Conditions G.C. - 23
11
performance of work under any contract on account of race, creed, color, religion, national
origin, sex, marital status, status with regard to public assistance, membership or activity
in a local commission, disability or age;
C. That this Contract may be canceled or terminated by the Owner, and all money due, or to
become due hereunder, may be forfeited for a second or any subsequent violation of the
terms or conditions of this Article;
D. Any other provisions required by law.
56. SITES TO BE KEPT CLEAN - The Contractor shall promptly remove all waste materials or refuse
resulting from his operations
from the Project Site, the streets and public and private property
occupied by him or ac
jacent to the Project. Equipment not usable on the Project shall be promptly
removed and the ad
acent premises maintained in a neat and orderly condition at all times.
Advertising signs will riot
be permitted on the Project except one sign identifying the Contractor and
subcontractors, whict
signs have been approved in writing by the Engineer.
Upon completion of the
work and before acceptance and final payment, the Contractor shall remove
from the street and adjacent
property, all surplus and discarded materials, equipment, rubbish and
temporary structures;
restore in an acceptable manner all property, both public and private, which
has been damaged
during construction of the Project and shall leave the site in a neat and
presentable condition
57.
GUARANTEE - The Contractor
shall be held responsible for any and all defects in workmanship,
materials and equipment
which may develop in any part of the entire Project, and upon written
notice by the Engineer
shall immediately replace, without expense to the Owner, any such faulty
part or parts and darr
age done by reason of same during the period of one (1) year from the date
of final acceptance of
the Project.
Should the Contractor
fail to repair or replace the defective work within a period of thirty (30) days
of such notification, the
Owner may replace the defective work and charge the expense to the
Contractor.
58.
SEVERABILITY - In
the event any provision of this Contract shall be held invalid, illegal or
unenforceable by any
court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other
provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
headings
59.
EFFECT OF HEADINGS
AND TABLE OF CONTENTS - The section, article or paragraph
herein and the Table
of Contents are for convenience only and shall not affect the interpretation or
construction of this Contract.
60.
CONTRACT COUNTERPARTS
- This Contract may be simultaneously executed in several
counterparts, each ol
which shall be an original and all of which shall constitute one of the same
instrument.
61.
CONSTRUCTION - I
his Contract shall be construed in accordance with the laws of the State of
Minnesota.
OSM
Project
General Conditions G.C. - 24
r othercommunications hereunder shall
62. WRITTEN NOTICE PARTIES - All notices, certificates o o e
be sufficiently given and shall be deemed given when hand delivered or maned by certified mail,
return receipt 'requested, postage prepaid, with proper address as indicated below.
The parties hereto r ay, by written notice to the other(s), designate any other address or addresses
to which such com unications to them shall be sent when required under this Contract. Unless
and until otherwise wovided by the respective parties, all notices, certificates and communications
to each of them shall be sent to the following addresses:
TO THE OWNER: See Supplementary General Conditions
TO THE CONTRACTOR:
63. COMPLIANCE WITH HUMAN RIGHTS REQUIREMENTS - The Contractor shall execute the
enclosed form for compliance with human rights requirements.
64. PERMISSIVEARBITRATION TION CLAUSE - Claims, disputes, or other matters in question between the
parties to this agreement, arising out of or relating to this agreement or breech thereof, may be
subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association currently in effect upon mutual agreement of the parties.
OSM Project
General Conditions
G.C. - 25'
SI
SUPPLEMENTARY CONDIT
PPLEMENTARY GENERAL CONDITIONS
These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract...
and all other provisions, as indicated below. All provisions which are not so amended or supplemented remain
in full force and effect.
The "Owner" is defined as: The City of Rosemount, 2875 145th Street West, Rosemount, Minnesota 55068.
SC -2C - "Contract Documents" are the Advertisement for Bids, Instructions to Bidders, Bid Proposal, Bid Bond
Form, General Conditions, Supplementary General Conditions, Specifications and all plans and drawings.
SC -6 - "Contractor's Insuran c e": The excess liability coverage shall be an Umbrella Excess Liability Policy in
at least the amount of $1,000,000.
SC -15 - Add the following: "The entire project shall be completed by August 21, 1992. All work performed after
the date specified shallbe s bject to liquidated damages as stated in the General Conditions No. 33."
SC -64 - Permissive Arbitratio i Clause - Delete General Condition No. 64. "Permissive Arbitration Clause" from
this Contract.
IOSM Project No. 1783.06
S.G.0 - 1
DIVISION 1.0
GENEAL REQUIREMENTS INDEX
PARAGRAPH DESCRIPTIO
01010
Summary of
01014
Work
Work Sequen
e
01050
Field Engineering
01052
Hubs and Lath
01060
Permits
01200
Project Meetings
01300
Submittals
01400
Quality Control
01515
Construction
Water
01546
Protect Existing
Utilities
01561
Noise Control
01562
Dust Control
01568
Erosion Contr
01710
Cleanup
01740
Warranty
01903 Compensation for Increased or Decreased Quantities
OSM Project No. 1783.06
PAGE NO.
1
1
1
2
2
2
2
3
3
3
4
4
4
4
4
5
G.R.I. - 1
DIVISION 1.0
GENERAL REQUIREMENTS
(linin _R1 IMMARY OF WOR
The work to be done under this Contract shall include the furnishing of all labor, materials, tools and equipment
necessary to complete the sit grading as shown on the plans and specified herein, including but not limited
to the following:
IThe Owner is the City of
01014 - WORK SEQUENCE
All work is to be completed by July 31, 1992.
All work under this Contract shall be constructed in accordance with the elevations shown on the drawings.
The new contours shown on the plan are finished grades.
The Owner will provide horizontal and vertical control construction stakes to allow the Contractor to grade the
site as follows:
A. Grading
1 One set of grade stakes at 100 foot intervals with cuts and fills. The Contractor shall rough
grade the entire site based on the plans and these stakes.
2. Prior to black dirt being spread for turf establishment, the Surveyors will check all grades. The
Project Engineer will then authorize the Contractor to proceed with turf establishment.
It shall be the Contractor's total responsibility to accurately grade the park in accordance with the construction
stakes.
The Contractor shall give the
grade so that the Engineer m<
been given by the Engineer,
other marks given shall be pi
The Contractor shall be billed
expense, correct any mistake:
stakes. The Engineer may i
properly followed.
No additional compensation
lack of one grade stakes, or
ngineer forty-eight (48) hours notice of his need for the establishment of line and
V have time to provide them. After lines and grades for any part of the work have
he Contractor will be held responsible for such lines and grades. All stakes or
)tected and preserved by the Contractor until he is authorized to remove them.
;he cost of any restaking due to his negligence. The Contractor shall, at his own
that may be caused by the unauthorized disturbance or removal of line and grade
.quire that work be suspended when, for any reason, such marks cannot be
be allowed the Contractor for any claims of crews being held up because of
ansion of work when line and grade cannot be properly followed.
OSM Project No. 1783.06 G.R. - 1
1
1
u
01052 - HUBS AND LATH
The Contractor shall furnish a
100-1"x2"x12"poi
100 - 32" pointed lath
Payment for hubs and lath sh
01060 - PERMITS
Any necessary permits shall C
I deliver to the project site:
:ed hubs
be considered incidental to the project.
the responsibility of the Contractor.
Prior to the start of the work there will be a Pre -Construction Conference arranged by the Engineer.
Representatives of the City of R
osemount, Engineer, and Contractor shall be present at this meeting.
The Contractor's project superintendent will be present at this meeting. He shall be familiar with all phases of
the work to be executed and shall oversee the work during its progress. The project superintendent shall
represent the Contractor in his absence, and communications and directions given to him shall be as binding
as if given to the Contractor.
The Contractor's work schedule shall be reviewed along with any other information necessary for an orderly
execution of the work.
Throughout the construction p ase regular meetings will be called, as deemed necessary by the Engineer, to
review progress and discussit ms necessary for an orderly completion.
01300 - SUBMITTALS
To assist the Contractor, the following summary of submittals is given. This list is not necessarily complete and
items specified elsewhere shallbe submitted as required even though not listed hereinafter. If not otherwise
specified in the referenced specifications or paragraph or article, or if not otherwise directed, make all submittals
to the Engineer.
Performance Bond
Labor & Material
Payment Bond
Insurance Certificate
Subcontractor List
Progress Schedule
Certificate of Withholding
Final Lien Waivers
Consent of Surety
Tax
When Required
With Executed Agreement
With Executed Agreement
With Executed Agreement
At Pre -Construction Meeting
At Pre -Construction Meeting
Before final payment
Before final payment
Before final payment
OSM Project No. 1783.06 G.R. - 2
Any person representing feder I or state agencies, the Engineer or Owner shall have the right of entry to inspect
the work being performed by he Contractor. If the case warrants, the Contractor shall provide proper facilities
for such access and inspecti n.
The Contractor shall notify the Resident Inspector anytime he anticipates working on this project. No work will
be allowed without notifying the Inspector before hand.
Water for new construction p rposes may be obtained from the City at a cost to the Contractor of $0.95 per
1000 gallons from a site near he City Hall. Altematively, the Contractor will be allowed to pump construction
water from a pond, designat by the Owner, at the Contractor's expense.
Every effort has been made to show all known existing underground utilities; however, the Owner does not
guarantee the locations as sh wn on the plans or that all utilities are shown. It is the Contractor's responsibility
to ascertain the final location of these utilities and to notify the utility companies when construction commences.
01561 - NOISE CONTROL
The Contractor shall comply with local and state ordinance on noise abatement. Any piece of equipment not
meeting the requirements shall either be repaired or replaced.
The City of Rosemount has working hours as follows: No operation shall be conducted prior to 7:00 a.m. nor
after 8:00 p.m., nor at any time on Sundays and legal holidays unless otherwise approved by the Engineer.
01562 - DUST CONTROL
The Contractor shall be resposible for dust control. Water is available to the Contractor for this use from the
City of Rosemount. The cost of the water shall be borne by the Contractor.
If the Contractors response to l controlling dust is determined to be inadequate, the City will sublet the work and
charge the Contractor three times the cost.
Erosion control, as specified on the detail plates (Appendix), shall be placed and maintained by the Contractor
and as directed by the Engi eer. The Contractor shall use the appropriate means of control for individual
situations. The erosion cont fol types will include filter fence, sediment basins, rock construction entrances,
diversion ditches, and hay bales around all catch basins. Failure to maintain the erosion control will be sufficient
cause to withhold further payments on the project until the maintenance is complete. Payment for erosion
control shall be by the lineal foot and shall include complete maintenance for the length of the project.
OSM Project No. 1783.06 G.R. - 3
Where materials or debris hav
drains, catch basins, or else%
removed and satisfactorily disl
In a dean and neat condition.
, the area affected shall be kept dean and free of all rubbish and surplus
ion equipment shall be removed from the site and all damage repaired so that
owners are inconvenienced as little as possible.
washed or flowed into or have been placed in water courses, ditches, gutters,
are as a result of the Contractor's operations, such material or debris shall be
ised of during progress or work. All ditches, channels, drains, etc., shall be kept
On or before the completion f work, the Contractor shall, unless otherwise directed in writing, remove all
temporary works, tools and m chinery or other construction equipment placed by him. He shall remove all
rubbish from any grounds which he has occupied and shall leave all of the premises and adjacent property
affected by the operation in a r eat and restored condition satisfactory to the Engineer.
All cleanup work is considered I incidental to the project.
01740 - WARRANTY
The Contractor, for his work, shall guarantee and maintain the stability of all his work, equipment, and materials
for a period of one (1) year fr m date of final payment. The one (1) year maintenance guarantee shall be
included in and be a part of the Contractor Security (Performance Bond) previously specified. The provisions
of this paragraph shall not be construed as restricting the Contractor's liability for breech of contract by reason
of nonconformance with the specification for defects or faulty workmanship.
Delete Section 1903 of the
'The work to be perfoi
All basis of payment p
event of increased or d
be valid and shall be
amount of percentage
item in its entirety.
IOSM Project No. 1783.06
Specification in its entirety and replace with the following:
,d is recognized to be construction of a type' involving uncertain quantities.
risions of these specifications specifically preclude price adjustments in the
eased quantities of contract items. Any payments provided by bid Item shall
epted by the Contractor as compensation in full for work, regardless of the
increased or decreased quantities. The Owner has the right to delete a bid
G.R. 4
'
01710 - CLEANUP
During the progress of the
materials. All unneeded con
the public and adjacent pro
Where materials or debris hav
drains, catch basins, or else%
removed and satisfactorily disl
In a dean and neat condition.
, the area affected shall be kept dean and free of all rubbish and surplus
ion equipment shall be removed from the site and all damage repaired so that
owners are inconvenienced as little as possible.
washed or flowed into or have been placed in water courses, ditches, gutters,
are as a result of the Contractor's operations, such material or debris shall be
ised of during progress or work. All ditches, channels, drains, etc., shall be kept
On or before the completion f work, the Contractor shall, unless otherwise directed in writing, remove all
temporary works, tools and m chinery or other construction equipment placed by him. He shall remove all
rubbish from any grounds which he has occupied and shall leave all of the premises and adjacent property
affected by the operation in a r eat and restored condition satisfactory to the Engineer.
All cleanup work is considered I incidental to the project.
01740 - WARRANTY
The Contractor, for his work, shall guarantee and maintain the stability of all his work, equipment, and materials
for a period of one (1) year fr m date of final payment. The one (1) year maintenance guarantee shall be
included in and be a part of the Contractor Security (Performance Bond) previously specified. The provisions
of this paragraph shall not be construed as restricting the Contractor's liability for breech of contract by reason
of nonconformance with the specification for defects or faulty workmanship.
Delete Section 1903 of the
'The work to be perfoi
All basis of payment p
event of increased or d
be valid and shall be
amount of percentage
item in its entirety.
IOSM Project No. 1783.06
Specification in its entirety and replace with the following:
,d is recognized to be construction of a type' involving uncertain quantities.
risions of these specifications specifically preclude price adjustments in the
eased quantities of contract items. Any payments provided by bid Item shall
epted by the Contractor as compensation in full for work, regardless of the
increased or decreased quantities. The Owner has the right to delete a bid
G.R. 4
PARAGRAPH
02000
02104
02105
02575
General - OS
Removing PE
Excavation a
Turf Establisl
DIVISION 2.0
SITEWORK INDEX
nent and Miscellaneous Structures
Embankment
►nt - Mn/DOT
PAGE NO.
1
1
1
1
OSM Project No. 1783.06 S.W.I - 1
DIVISION 2.0
SITEWORK
02000 - GENERAL - OSM
This work shall be done in accordance with the Minnesota Department of Transportation's "Standard
Specifications for Highway Cons ruction" (referenced "Mn/DOT")1988 Edition and any amendments thereto. The
numbering system used herein corresponds to the numbering systems used in the above named specifications
with the exception that a "0" has been added preceding the 5 digit number.
02104.1 - DESCRIPTION: This
work shall consist of removal and disposal of structure to be abandoned and
other obstructions within thew area.
02104.3 - CONSTRUCTION REQUIREMENTS: Removals of pavements, surfacing and other structures shall be
scheduled to occur as close in time as possible to actual excavation operations. There is an existing 3 inch
diameter PVC watermain located in the proposed hockey rink area. The Contractor may encounter this
watermain line during the ex vation operation. This watermain line is proposed to be abandoned. If this
watermain line is exposed the c )ntractor shall cut the existing PVC line and remove and dispose of the exposed
portion. The Contractor shall al o cap both ends of the exposed watermain using a gasket or solvent -cemented
type joint with the approval of he Engineer. The Contractor shall also place a concrete block at the capped
ends to provide reaction blocking.
' 02104.4 - METHOD OF MEASUREMENT AND PAYMENT: All of the work and materials required for the removal
and disposal of the existing 3" VC watermain shall be considered incidental to the project.
02105.1 - DESCRIPTION:
All topsoil shall be stripped an
by the Engineer at the time of
4 inch thickness, or as directs
grading.
All excavation on this project
needed to complete the excav
proctor.
All grading on the site shall
The finished topsoil shall be
or other objectionable mat(
work shall consist of grading the site as per the grading plan.
stockpiled at various locations as determined by the Contractor and approved
onstruction. This topsoil will be respread on all disturbed areas at a minimum
by the Engineer. The site shall be seeded within 72 hours of completion of
be classified as common excavation regardless of the type of equipment
Excavation and embankment areas shall be compacted to 95% of standard
within 0.2 feet of the grading plan.
>onably free of clay lumps, stones larder than 2" diameter, weeds, roots, stumps,
incapable of sustaining plant growth.
02105.4-.5 - METHOD OF MEP SUREMENT AND PAYMENT: Common excavation shall be a measured quantity
(as cubic yards) determined by cross-sections. Payment will be made at the price quoted in the Bid Proposal.
Payment for salvaging and plz cing topsoil shall be incidental to the project.
IOSM Project No. 1783.06
S.W. 1
I tj�r L7 INOLf.7 fl1Y1 fL.l• t
02575.1 - DESCRIPTION: As directed by the Engineer, graded areas shall be finished by establishing a turf
generally in accordance with the Mn/DOT Specifications. Upon completion of the grading and approval by the
Engineer, seed shall be placec I within 72 hours. Fiber blankets may be placed at the direction of the Engineer
after consultation with the Con ractor on specific areas appearing to be subject to erosion. Rock picking, before
and after seeding, will be corr pleted by this Contractor at no additional compensation.
The Contractor shall berespo sible for successful turf establishment.
02575.2 - MATERIALS: Seed hall be Mixture No. 500. Seed shall be applied at a rate of 50 pounds per acre.
Fertilizer shall be applied at a rate of 100 pounds of 10-10-10- per acre. Mulch shall be type 1 with disc
anchoring.
Fiber blankets shall be Mn/DOT "Regular~ type (3885).
02575.5 - BASIS OF PAYMENT: Payment shall be made per acre for soil preparation, regrading, rock picking,
seeding, mulching, fertilizing and any reseeding as required.
Payment for fiber blankets shall be made by the square yard.
OSM Project No. 1783.06 S.W. - 2
1
1
1
1
1
1
1
1
1
1
1
1
i
Erosion control, as sp
Contractor and as dir
means of control for in
sediment basins, rock
catch basins. Failure
further payments on t
control shall be by the
the project.
PROJECT:
CITY:
OSM EROSION CONTROL DIRECTIVE
:ified on the detail plates, shall be placed and maintained by the
:ted by the Engineer. The Contractor shall use the appropriate
vidual situations. The erosion control types will include filter fence,
instruction entrances, diversion ditches, and hay bales around all
maintain the erosion control will be sufficient cause to withhold
project until the maintenance is complete. Payment for erosion
neal foot and shall include complete maintenance for the length of
City Projt
t No.
Contracto.
OSM Comm. No.
CONTRACTOR:
Representative
Signature:
Date Received
CONSTRUCTION OBSERVER:
TYPE OF DEVICE:
(Fabric Fence, Straw ales, Etc.)
GENERAL DESCRIPTION OF AREA RE UIRI
(Drawing below -include stationing, Lot No's, etc.)
1
1
1
i
1
1
1
1
1
1
1
1
1
1
1
1
1
Maintenance
1. FILTER BARRIERS SHALL BE INSP CTED IMMEDIATELY 3. SEDIMENT DEPOSITS SHOULD BE REMOVED AFTER EACH
AFTER EACH RAINFALL AND ATL AST DAILY DURING STORM EVENT. THEY MUST BE REMOVED WHEN DEPOSITS
PROLONGED RAINFALL. ANY REQUIRED REPAIRS SHALL REACH APPROXIMATELY HALF THE HEIGHT OF THE BARRIER.
BE MADE IMMEDIATELY.
2. SHOULD THE FABRIC DECOMPOSE OR BECOME 4. ANY SEDIMENT DEPOSITS REMAINING IN PLACE AFT _R THE SILT
INEFFECTIVE PRIOR TO THE END OF THE EXPECTED FENCE OR FILTER BARRIER IS NO LONGER REQUIRED, SHALL BE
USEABLE LIFE AND THE BARRIER STILL BE NECESSARY, DRESSED TO CONFORM WITH THE EXISTING GRADE, PREPARED
THE FABRIC SHALL BE REPLACED PROMPTLY. AND SEEDED.
POST —=
TRENCH
4"X 4"
;�I 1,
FILTER FABRIC --►
BOTTOM
OF
DRAINAGE W Y
WIRE FENCING
SET POSTS AND
EXCAVATE A
4"X 4"TRENCH
UPSLOPE ALONG THE
LINE OF THE POSTS
ATTACH THE FILTER
FABRIC TO THE
WIRE FENCING AND
THE TRENCH
COMPACTED
BACKFILL
2 STAPLE THE WIRE
MESH FENCING TO
EACH POST
4 BACKFILL THE TRENCH
AND COMPACT THE
EXCAVATED SOIL
111:420.Iwo €'E
e Mimi Pe2
__�i!
'�- B r A
ELEVATION:
POINTS "A' SHOULD BE
HIGHER THAN POINT "B"
EROSION CONTROL
PLACEMENT AND CONSTRUCTION
OF A SYNTHETIC FILTER BARRIER
NO SCALE
Drown By:pp Drawing Title
Comm. No.
Scelen
CS%tkMayeron &
Date: Associates, Inc. Sheet no.
Engineers • Surveyors a Planners
SM toot Kell,,,, Alva„ 8 � ss*&V*1
,KeK" e,.,, ..,,.,,,.,,, ROSEMOUNT , MINNESOTA 4 hA
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DA July 21, 1992
AGENDA
QUOTES
AGEDWBUSIC MS
T / AWARD
CONTRACT FOR
NEW
ERICKSON COMM T
K GRADING
PREPARED BY:DAUID J.
CHD 1 DIR. P &
RNJ
AGENDA
ATTACffi+IENTS CONSULTANT
QUOTE MATERIALS"'
BY •
The concept plans for the Erickson Community Square area next to
City Hall call for a major alteration of that present site. The
flowergardenis being expanded, and the shelter and amphitheater
are to be addressed shortly.
Along with the development plan is the change in location of the
hockey rinks. The old ones are to be torn down and two new ones
constructed. Engineering plans for those rinks call .for their new
location to --be in an area behind the old Mn Dot Garage at the
north end of the Ci y Hall parking lot.
This site is to be the present location, however, the concept plan -
does call for the rinks to be placed in the northerly portion of
Erickson Park in the next phases of development of this park. The
time schedule for the replacement in within the next ten to
fifteen,years.
The engineering firin of OSM was requested' to complete a survey of
the rink site as well as plans and specs for the grading work for
those rinks. Quotes were requested and obtained for obtained for
the .grading work. The following is a summary of those "quotes:
1. Husting & Engs rom $ 24,400.00
2. Brown & Cris, Enc. $ 13,512.50 S�
3. DLR Excavating 1,
-,-�S"1_
Our estimated cost for the project was $'14,200. The money for
this project is -scheduled to come from CIP account # 530:
RECOMMENDED ACTION:
Requested Council a tion is to accept the quotes and to award the
contract for the gr ding of the hockey rink site in the Erickson
Community Square to the firm of DLR Excavating for $ 12,512.50.
COUNCIL ACTION:
e
Orr
Schelen
O�S)& Mayeron &
Associates, Inc.
July 14, 1992
Mr. Dave Bechtold
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Re: Erickson Park Improvement
City of Rosemount
City Project No. 91-6
OSM Project No. 1783.06
Dear Mr. Bechtold:
2021 East Hennepin Avenue
Minneapolis, MN 55413
612-331-8660
FAX 331-3806
Engineers
Architects
Planners
Surveyors
Quotes were received for the referenced project at 11:00 a.m. on July 8, 1992 and were
opened and read aloud. A total of three responsible bids were received. DLR Excavating,
11545 190th Street East, Hastings, MN 55033 submitted the lowest bid in the amount of
$12,512.50. The bids were checked for mathematical accuracy and tabulated. The
Engineer's Estimate was ($14,200.00.
We recommended award of the Contract to DLR Excavating, Inc., in the amount of
$12,512.50
Enclosed is the bid tabu
Sincerely,
ORR-SCHELEN-MAY
& ASSOCIATES, INC.
Brian J. Bourassa, P.E.
Project Manager
Enclosure
cc: Bud Osmundson,
on.
ON
City of Rosemount
Equa� opp�uw�•.it: mnlr�_ ,
Extension of Bids
ERICKSON PARK IMPROVEMENTS
OWNER PROJECT 91-6
ROSEMOUNT, MINNESOTA
CITY OF ROSEMOUNT
#N/A
item Spec No Description Quantity Unit
ENGINEER'S
ESTIMATE
Total Bid: $14.200.00
Unit Plat Item Total
LOW BIDDER
DLR EXCAVATING, INC.
Total Bid: $12,512.50
Unit Price Item Total
2ND BIDDER
BROWN & CRIS, INC.
Total Bid: $13,262.50
Unit Pelee item Total
3RD BIDDER
HOSTING S ENGSTRO
Total Bid: $24,400.00
Unit Pdoe Item Total
i qrn0
2.00 10 000.00
4.00 20.000.00
1 21 u5.5uj uumMON EXCAVATION 5000
CU YDri
1,200.00 _2,400.00
550.00 1,100.00
1,100.00 2,200.00
1,200.00 2,400.00
2 2573.50 SEEDING 2
ACRE
3 2575.501 EROSION CONTROL 400
LIN FT
1.00 400.00
2.00 800.00
2.00 800.00
3.50 1,400.00
4 2575.52 WOOD FIBER BLANKET TYPE REGULAR 150
S. Y.
1.00 150.00
1.75 262.50
1.751.262.50
4.00 600.00
Page 1 of 1
M E M O
TO: Mayor McMe omy
Councilme ers: Klassen
Staats
Willcox
Wippermann
FROM: Stephan ilk, Administrat
DATE: July 17, 11992
SUBJECT: Firetation Referendum
Citiz ns Committee
A major factor in gaining approval for the construction of the
new fire station, public works remodeling, and fire apparatus
purchase is the involvement of the community.
To insure that the citizens are comfortable with design, cost
estimates, and approach to defining need it is vital to involve
them in the process that will take us to the November 3, 1992
referendum.
It is my recommendation that to do this a citizens committee be
formed.
The responsibility of this committee would be to assist the City
Council, architect, and the city staff in the proper formation of
concepts and specific items to move the process through to the
referendum.
The committee wuld meet about four times throughout the process
with the archit ct and the city staff.
Based on information provided by the architect, and efforts
provided by thelcitizens committee, which worked on the
facilities study and our "Armory Committee," I would suggest the
following:
1. The committee should be of a size to include 25 members.
2. The committee should represent all areas of the city.
3. Current city committee members should be excluded.
4. The makeup of the 25 members should follow approximately
as:
A. �0% women (12)
0% men (13)
w
Page 2
B. 80t homeowners (20)
iot renters (5)
C. '10% should be business owners
D. kge groups represented
35-35 (7)
6-50 (10)
>50 (8)
These numbers, as recommended, are quite specific, and I
understand it would take quite an effort to try to meet all these
qualifications lin putting a committee together. Since you will be
presenting recommendations for these positions, and time is Of
the essence, I would suggest the following:
1. Each Icouncilmember and Mayor McMenomy submit 5 members
each.)
2. Of t
2-3
2-3
1 re
4 ho
1 bu
spre
The folks that
committee knowi
pro or con on t
project, and be
the least cost,
gotten out to t
vote on NovembE
With your app
item back on
is important
completed On
can be set by
se five try to provide:
er
owners
ness owner/operator
age group representation as evenly as possible
are picked should be willing to work on the
ng that this committee will not be recommending
he referendum. They must be in favor of the
willing to work to provide the best project, at
and get out as much information that can be
he public to allow voters to be informed when they
r 3rd.
val to form this committee we would place this
e agenda on August 4th to approve appointments. It
at this process move along so work can be
sign, cost estimates, etc. so ballot information
eptember 15th.
Please see thelattached (preliminary) schedule for this project.