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HomeMy WebLinkAbout10.d. Accept Quotes / Award Contract - Erickson Community Square Rink Gradingl CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 21, 1992 AGENDA ITEM: ACCEPT QUOTES / AWARD CONTRACT FOR AGENDA SECTI{� NEW BUSIENK COMMUNITYERICKSON II&PE PINK GRADING PREPARED BY: �� DAVID J. CHTOLD / DIR. P & R AGENDITE.M # 10D ATTACHMENTS:CONSULTANT QUOTE MATERIALS AP, VE BYE ,& The concept plans for the Erickson Community Square area next to City Hall call for a major alteration of that present site. The flower garden is 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. Theoldones 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 tha_City 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 firm 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 & Engstrom $ 24,400.00 2. Brown & Cris, Inc. $ 13,512.50 3. DLR Excavating $ 12,262.50" 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 action is to accept the quotes and to award the contract for the grading of the hockey rink site in the Erickson Community Square to the firm of DLR Excavating for $ 12,512.50. COUNCIL ACTION: Orr Schelen Mayeron & Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 July 14, 1992 FAX 331-3806 Engineers Architects Planners Mr. Dave Bechtold Surveyors 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: 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 tabulation. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Brian J. Bourassa, P.E. Project Manager dad Enclosure cc: Bud Osmundson, City of Rosemount Equal 0,)P1 tUmty Emol< : Extension of Bids #N/A ERICKSON PARK IMPROVEMENTS OWNER PROJECT 91-6 ROSEMOUNT, MINNESOTA CITY OF ROSEMOUNT ENGINEER'S LOW BIDDER 2ND BIDDER 3RD BIDDER ESTIMATE DLR EXCAVATING, INC. BROWN & CRIS, INC. RUSTING & ENGSTRO Total Bid: $14,200.00 Total Bid: $12,512.50 Total Bid: $13,262.50 Total Bid: $24,400.00 Quantity Unit Unit Price Item Total Unit Price item Total UnitPriee Item Total Unit Price Rom Total Item Spec No Description 4.00 20.000.00 1 2105.501 COMMON EXCAVATION 5000 CU YD 2.25 11,250.00 2.07 10,350.00 2.00 10,000.00 2.400.00 2 ACRE 1,200.00 550.00 1,100.00 1,100.00 2,200.00 1,200.00 2 2573.50 SEEDING , 400 LIN F7 1.00 _2,400.00 400.00 2.00 800.00 2.00 800;00 3.50 1,400.00 3 2575.501 EROSION CONTROL 1.00 150.00 1.75 262,50 1.75 262.50 4.00 600.00 4 2575.52 WOOD FIBER BLANKET TYPE REGULAR 150 S. Y. Page 1 of 1 SPECIFICATION ERICKSON PARK IMPROVEMENTS PARK PROJECT NO. 91-6 ROSEMOUNT, MINNESOTA PREPARED BY: ORR-SCHELEN-MAYERON St ASSOCIATES, INC. ENGINEERS, ARCHITECTS, PLANNERS, AND SURVEYORS 2021EAST HENNEPIN AVENUE, SUITE 238 MINNEAPOLIS, MINNESOTA 55413 (612) 331-8660 " OSM PROJECT NO. 1783.06 OSM Project No. 1783.06 CERTIFICATION I hereby certify that this pian, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. 0 C_-)Cr�/ft L6A_ti Brla J. Bourassa, P.E. Date: May 11, 1992 Reg No. 21816 OSM Project No. 1783.06 CERT - 1 TABLE OF CONTENTS TITLE PAGE CERTIFICATION ` TABLE OF CONTENTS BIDDING REQUIREMENTS ' Instruction to Bidders Proposal Form CONTRACT FORMS Affidavit of Non-Collusion Contract for Construction Performance and Payment Bond CONDITIONS OF THE CONTRACT General Conditions Supplementary General Conditions SPECIFICATIONS Division 1.0 - General Requirements _ 01010 Summary of Work 01014 Work Sequence 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 Control 01710 Cleanup 01740 Warranty 01903 Compensation for Increased or Decreased Quantities Division 2.0 - Sitework 02000 General - OSM 02104 Removing Pavement and Miscellaneous Structures OSM Project No. 1783.06 TOC .1 INSTRUCTION TO BIDDERS INDEX PARAGRAPH NO. DESCRIPTION 1 Examination of Plans, Specifications and Site Work 1 2 Bid Security 1 3 Contract Documents 1 4 Preparation of Proposal 1 5 6 Conditions in the Bidders Proposal Interpretation of Estimates 2 2 7 Delivery of Proposals 2 8 Rejection of Proposal 2 9 Withdrawal of Proposals 2 10 Public Opening of Proposals 2 11 Disqualification of Bidders 2 12 Equipment 2 13 Furnishing of Evidence of Responsibility 2 14 Requirements of Contract Bond 3 15 Failure to Execute Contract 3 16 Unit Prices 3 17 City Deleting Right 3 OSM Project Instruction to Bidders I.T.B. - Index 2. BID SECURITY - Each bid shall be accompanied by a bid security in the form of and amount as specified in the Advertisement for Bids. Such bid security is a guarantee that the bidder will enter into a contract with the Owner for the work described in the proposal, and the amount of the bid security of a successful bidder shall be 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, INSTRUCTION TO BIDDERS Proposal Form, Contract for Construction, Non -Collusion affidavit, Contract Bond, and all pians and 1. EXAMINATION OF PLANS SPECIFICATIONS, AND SITE WORK - The bidder shall examine to his satisfaction the quantities of work to be done as determined from the plans and specifications. Quantities indicated by the Engineer on drawings or elsewhere are estimated orgy, and bidders must ` rely on their own calculations. Bidders shall be thoroughly familiar with Contract Documents Including all General Conditions and Special Provisions. Bidders shall inform themselves of the character and magnitude of work and the conditions under which the work is to be performed concerning the site of the work, the structure of the ground, the existence of surface and ground water, availability of drainage, the obstacles which may be encountered, means of approach to the site, manner of delivery and handling materials, facilities of transporting equipment and all other relevant matters pertaining to the complete execution of this contract. No plea of Ignorance of conditions that exist or that may hereafter exist or of difficulties that will be encountered in the execution of the work hereunder which result from failure to make necessary examinations and investigations, will be accepted as a sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of this contract, or will be accepted as a basis for any claim whatsoever for extra compensation or for an extension ' of time. No bidder may rely upon any statements or representations of any officer, agent or employee of the Owner with reference to the conditions of the work, of the character of the soil or other hazards which may be encountered In the course of construction. 2. BID SECURITY - Each bid shall be accompanied by a bid security in the form of and amount as specified in the Advertisement for Bids. Such bid security is a guarantee that the bidder will enter into a contract with the Owner for the work described in the proposal, and the amount of the bid security of a successful bidder shall be forfeited to the Owner as liquidated damages in the event that such bidder fails to enter into a contract and furnish Contractor's bond. OSM Project Instruction to Bidders 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 pians and drawings. These documents are on file with the Owner. 4. PREPARATION OF PROPOSAL - The bidder shall submit his proposal on the form provided by the Engineer. ` The blank spaces in the proposal shall be filled in correct) with ink where indicated for each and P p p Y every item for which a quantity is given, and the bidder shall state the prices for which he proposes to do each item of the work contemplated. The bidder's proposal shall be signed correctly with ink. if 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 person signing the proposal shall show the name of the State under the law of which the corporation was chartered, and names, titles and business addresses of the President, secretary, and treasurer. All bids for Corporations shall bear the official seal of the Corporation. OSM Project Instruction to Bidders 5. CONDITIONS IN THE BIDDER'S PROPOSAL= The bidder shall not stipulate in his proposal any conditions not provided for on the proposal form. 6. INTERPRETATION OF ESTIMATES - The Engineer's estimate of quantities as shown In the proposal shall be used as a basis of calculation upon which the award of contract will be made, but these quantities are not guaranteed to be accurate and are furnished without any liability on the part of the Owner. 7. DELIVERY OF PROPOSALS - All bids shall be piaced 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 receiving them. Bids arriving by mail at the office of the Owner after the hour designated for receiving bids will be returned to the sender unopened. 8. REJECTION OF PROPOSAL - Proposals may be rejected if they show any omission, alteration of form, additions not called for, conditional bids or alternate bids not specified or irregularities of any kind. Proposals in which the prices are obviously unbalanced may be rejected. 9. WITHDRAWAL OF PROPOSALS - A bidder may withdraw his proposal without prejudice to himself, provided he files a written request 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 or their authorized agents are invited to be present. 11. DISQUALIFICATION OF BIDDERS - More than one proposal for the same project from an individual firm, partnership or corporation under the same or different names will not be considered. Evidence that any bidder is interested in more- than one proposal for the same work will cause rejection of all such proposals. Collusion between the bidders will be considered sufficient cause for the rejection of all bids so affected. Failure on the part of any bidder to carry out previous contracts satisfactorily or his lack of the experience or equipment necessary for the satisfactory completion of the work may be deemed sufficient cause for his disqualification. 12. EQUIPMENT - When requested by the Owner, the bidder shall furnish a complete statement of the make, size, weight (where weight is one of the specified requirements), condition and previous length of service of all equipment to be used in the proposed work. 13. FURNISHING OF EVIDENCE OF RESPONSIBILITY -When requested by the Owner, the Bidder shall furnish a balance sheet, certified by a certified public accountant as to a date not more than sixty (60) days prior to the date of the opening of the proposals which shall set forth outstanding assets and liabilities in reasonable detail The bidder shall also furnish when requested, a list of work of a similar nature performed with dates of completion thereof. The bidder shall also furnish any other additional information relative to financial responsibility and competence to do the work as may be requested by the Owner prior to the acceptance of any proposal. IOSM Project Instruction to Bidders - I.T.B. - 2 14. REQUIREMENTS OF 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 TO EXECUTE CONTRACT - Failure to furnish the Contract bond in a sum equal to the amount of the award, or to execute the contract within ten (10) days, as specified, shall be just cause for the annulment of the award, and it shall be understood by the bidder that in the event of the annulment of the award, the amount of the guaranty deposited with the proposal shall be retained by the Owner, not as a penalty, but as Uquidated 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 RIGHT - The City reserves the right to delete any line item from the base bid prior to final contract execution. OSM Project Instruction to Bidders I.T.B. - 3 PROPOSAL FORM TOTAL BID BIDDER'S FIRM NAME $ OFFICIAL ADDRESS: TELEPHONE NO.: FAX NO.: Erickson Park Improvements Park Project NO. 91-6 Rosemount, Minnesota To The City Council of Rosemount, Minnesota 2875 145th Street West Rosemount, Minnesota 55331 City Officials: 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 the amount and nature of the work to be done is understood, and that at no time will misunderstanding of the Contract Documents be pleaded. On the basis of the Contract Documents the Undersigned proposes to furnish all necessary apparatus and other means of construction, to do all the work and furnish all the materials in the manner specified, 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 quantities thereof actually incorporated in the completed project, as determined by the Engineer. The Undersigned 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 plans for the following unit prices: r OSM Project No. 1783,08 PF- 1 PROPOSAL FORM BID DATE: PROJECT: ERICKSON PARK IMPROVEMENTS CITY OF ROSEMOUNT PROJECT NO: 91-6 ROSEMOUNT, MINNESOTA PARK PROJECT 91-6 Total Item No Spec No Description Quantity Units Unit Price Item Totat ------- -------- ---------- - --------------- --------- ---------- .......... ---- ---1 ------------ -------------- 1 2105.501 COMMON EXCAVATION 5000 CU YD f 2 2573.503 SEEDING 2 ACRE f 3 2575.501 EROSION CONTROL 400 LIN FT f 4 2575.523 WOOD FIBER BLANKET TYPE REGULAR 150 S. Y. -------------- TOTAL PARK PROJECT 91-6 f l-------------- GRAND TOTAL S PF • 2 OSM Project No. 1783.06 4. The Contract shall be awarded to the lowest responsible bidder for the Grand Total Bid only. 5. The Undersigned further proposes to execute the Contract Agreement and to furnish satisfactory bond within ten (10) days after notice of the award of contract has been received. The Undersigned further proposes to begin work as specified, to complete the work on or before date specified, and to maintain at all times a Contract Bond, approved by the City, in an amount equal to the total bid. 6. In submitting this proposal 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, state full name of all co-partners. Official Address Date 19 By Title By Title Firm Name OSM Project No. 1783.06 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 collusion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition; (3) That the contents of the bid or bids have not been communicated by the bidder or its 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 before me this day of , 19 Notary Public My commission expires , 19_ Bidder's E. I. Number: (Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941): 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). ANC 1 CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into as of the day of , 1992, by and between the City of Rosemount, a municipal corporation under the laws of the State of Minnesota, hereinafter called the "Owner", and , hereinafter called the "Contractor". WITNESSETH: That in consideration of their mutual covenants and 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 agrees to furnish all the necessary materials, labor, use of tools, equipment, plant and every other thing necessary to perform the work designated and referred to in this contract, including all Contractor's superintendence and to furnish everything necessary for the completion of the improvement which is the subject of this agreement (except such things as the Owner has specifically agreed to provide, according to the contract documents); and agrees under penalty of a public contractor's corporate surety bond in the amount of ($ ) to perform and complete the work shown in the plans and drawings, entitled "Erickson Park Improvement, Park Project No. 91-6" prepared by Orr-Schelen-Mayeron & Associates, Inc., and dated , and to conform in all respects with the provisions and requirements of the general condftio-ns,supplementary general conditions and specifications for said improvement, which is entitled "Erickson Park Improvements, Pa k Project No. 91-6" for the Owner prepared byOrr-Schelen-Mayeron & Associates, Inc., and dated 2. The Contractor agrees that performance shall be In accordance with'. the terms, requirements and conditions of this instrument, and laws of the State of Minnesota, and the following documents. ADVERTISEMENT FOR BIDS for said Improvement No. 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 DRAWINGS for said Improvement No. 91-6 as identified in ar Agreement and which are dated p ecedmg paragraph of this ANY ADDENDA to the plans, drawings, general conditions and specifications for said Improvement provement 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 the aforementioned contract documents are hereby incorporated into this Agreement by specific reference and the terms and provisions thereof are and constitute a part of this Agreement as though attached hereto or fully set forth herein. 3. The Owner agrees to pay the Contractor for the performance of this Agreement and the Contractor agrees to accept in full compensation therefor, the sums set forth within the aforementioned proposal Iusm vrolect 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 with the said proposal, and that sum of $ as set out in said proposal, is the sum of the unit prices, multiplied by the estimated quantities of the respective units of work listed therein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. CONTRACTOR OWNER BY BY (Corporate Seal) BY E.B. McMenomy, Mayor BY Susan M. Walsh, City Clerk (City Seal) OSM Project No. 1783.06 C.F.C. - 2 I • PT;R T'ORMANCE AND PAYMENT BOND , KNOW ALL MEN BY THESE PRESENTS that we as principal and (a corporation certified by the Minnesota Commission of Insurance and authorized to act as a surety as provided in Minnesota Statutes Sec. 71.31 and 574.15) a Surety, are held and firmly bound unto the a Minnesota corporation, hereinafter called the "Obligee", for the use of the Obligee and of all persons and corporations doing work or furnishing skill, tools, machinery, materials or insurance premiums, or equipment or supplies, for any camp maintained for the feeding or keeping of men and animals engaged under, or for the purpose of, the contract described below, in the amount of Dollars ($ ), for the payment of which well and truly to be made we bind ourselves, and each of us, and our, and each of our, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract with the Obligee dated ,19 , for the regularity and validity of which is hereby affirmed and for which a bond is required by Minnesota Statutes Section 574.26; NOW THEREFORE, if the Principal shall perform and complete said contract in accordance with its terms and shall pay, as they may become due, all just claim for such work, tools, machinery, skill, materials, insurance premiums, equipment and supplies, and shall save the Obligee harmless from all costs and charges that may occur on account of the doing of the work specified and for the enforcing of the terms of this bond if action is brought hereon, including reasonable attorney fees, in any case where such action is successfully maintained and for the compliance with the laws appertaining thereto, then this bond shall be void, but otherwise shall remain in full force and effect. No assignment, modifications, or change in the contract, or change in the work covered thereby, nor any extension of time for completion of the contract, shall release the Surety on this bond. ISealed with our seals and dated this day of , 19_ Witnesses to Contractor's Signature: (Seal of Contractor if a Corporation) Witness to Surety's Signature: By Its And Its Its OSM Project G.C. - Index 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. Contractor's Responsibilities 7 13. Termination of Contractor's Responsibility 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. Observation of Work 16 30. Delays and Extension of Time 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 of 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 DESCRIPTION PAGE NO. 43. Final Inspection 21 44. Final Payment 21 45. No Waiver of Legal Rights 22 46. Work in Storms 22 47. Night Work 22 48. Use of Explosives 22 49. Noise Elimination 23 50. Water 23 51. Sanitary Provisions 23 52. Fossils 23 - 53. Accident Prevention 23 54. "Or Equal" Clause 23 55. Discrimination 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. Contract Counterparts 24 61. Construction 24 62. Written Notice to Parties 25 63. Compliance with Human Rights Requirements 25 64. Permissive Arbitration Clause 25 OSM Project G.C. - Index GENERAL CONDITIONS 1. GENERAL - The followingconditions are art of the Contract Documents and shall prevail on all P work covered under this Contract. 2. DEFINITIONS When 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 American Society for Testing Materials. "ATTORNEY'S FEES" 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, acting 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. "CONSTRUCTION DETAILS" means the engineer drawn directions pertaining to labor and material construction requirements on specific portions of the project. "CONTRACT" means 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" means an authorized representative of the Owner or Engineer assigned to observe OSM Project General Conditions G.C. - 1 J the work. "OWNER" means the individual, or other entity as identified in the Supplementary General Conditions. "PLANS" means all approved drawings or reproduction of drawings pertaining to the construction of the Project. "PROJECT" means the 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" means the written proposal of the Bidder to complete the Project as contemplated in the Contract Documents, submitted in the Proposal Form. "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" means the directions, conditions, provisions and requirements, together with all written agreements made 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 L� 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 the Contract Documents and such other prospective bidders who have requested that they be furnished 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'S 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. In 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 as 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 safety precautions and programs incidental to the work of the Contractor. 5. COMPLIANCE WITH LAWS, BUILDING CODES AND REGULATIONS The Contractor shall familiarize himself with all codes, laws, ordinances and regulations which in any manner affect those engaged or employed in the Project or the materials or equipment used in or upon the Project, or rOSM 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 by law, the Contractor shall indemnify, defend and hold harmless the Owner and Engineer and all of their directors, officers, employees, agents and servants against any loss, claim, liability or expense (including reasonable Attorney's Fees) arising from or based on the violation by Contractor, 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. 6. OWNER'S INSTRUCTIONS 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 Security: 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. Contract Bond: A contract or perfomance bondis required in the amount of 100% of the Contract. C. Worker's Compensation: 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. Boundaries) 3. Maritime 4. Employer's Liability 5. Benefits required by Union Labor contracts: As applicable. D. Comprehensive General Liability(IncludingPremises-Operations• Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage: Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the Owner included as an additional name insured: Bodily Injury: $2,000,000 each occurrence OSM Project General Conditions G.C. - 4 $2,000,000 aggregate, products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment and Contractor shall continue to provide evidence of such coverage 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 the 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 Comprehensive Automobile Liability (owned, non -owned. hired) Bodily Injury: $2,000,000 each person $2,000,000 each accident Property Damage: $2,000,000 each occurrence Aircraft Liability (owned and non -owned) when applicable, as follows: With limits proposed by Contractor for Owner's approval. Watercraft Liability (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. i OSM Project General Conditions G.C. 5 E. Builder's Risk - Fire and Extended Coverage Insurance: If the nature of the Project is such that it is insurable against the perils of fire, extended coverage, vandalism, malicious mischief, on or off site storage and in transit. Such insurance shall be procured and maintained, until final acceptance of the project, by the Contractor on behalf of himself, the Owner and his subcontractors on a completed value form. If it is deemed in the interest of the Owner, the Owner may purchase the above coverage and Contractor shall reimburse the Owner the cost thereof. F. Proof of Insurance: Insurance certificates evidencing that the above insurance is in force - with companies acceptable to the Owner and in the amounts required shall be submitted to the Owner for examination and approval prior to execution of the Contract, after which they shall specifically provide that a certificate will not be modified except upon thirty (30) days prior written notice to the Owner. Neither Owner's failure to require or insist upon certificates or other evidence of insurance, nor Owner's acceptance of a certificate or other evidence of insurance showing a variance from the specified coverage shall constitute a waiver of Contractor's responsibility to comply with the insurance specifications or operate as an estoppel against Owner. G. Contractor's 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. INDEMNIFICATION - To the fullest extent permitted by laws and regulations Contractor shah indemnify, defend and hold harmless Owner, its Officials and Engineer and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including 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 property, 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 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, 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 or other person or organization under worker's or workmen's compensation acts, disability benefit acts 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 agrees that the indemnities stated in this Paragraph 7 should be construed and applied in favor of indemnification. 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 the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delgatees. Contractor also agrees that if applicable law limits or precludes ' any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. If a 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 performance of the indemnity from Contractor's insurance company. Contractor will take the action required by Owner within fifteen (l 5) days of receiving notice from Owner. 8. PATENTED DEVICES, MATERIALS AND PROCESSES = If the Contract requires, or the Contractor desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor and the 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 design, device, material or process, or any trademark or trade name or copyright in connection with the 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 CONTRACT - No assignment by the Contractor of his rights or obligations under the Contract Documents, or of the funds to be received thereunder by the Contractor, will be valid ' unless such assignment has the prior written approval of the Owner, and each Surety has been given due notice of such assignment and has furnished written consent thereto. The following language must be included in any assignment of funds by the Contractor. ' "it is agreed that the funds to be paid to the assignee under this assignment are subject to the prior lien for services rendered or materialssupplied 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. SUBCONTRACTING - All Subcontractors shall be subject to the approval of the Owner and the ' Engineer and no subcontract shall be let without such approval. Contracts between the Contractor and the Subcontractors shall incorporate all the provisions of this Contract. J h I� 12. CONTRACTOR'S RESPONSIBILITIES -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 r rthis Contract for this improvement is to be at the Contractor's risk and he is to assume the responsibility for, and risk of, all damages to the Project or to property adjacent to the Project site. The Contractor is further responsible for the safety and protection of its employees, subcontractors or deiegatees on the Project. The Contractor shall have charge of and be responsible for the entire Project until its completion and acceptance. He shall 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 will 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 defective. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind 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 deiegatees and for safety precautions and programs incidental to the work of the Contractor. 13, TERMINATION OF CONTRACTOR'S RESPONSIBILITY - Except as otherwise provided for in the r Contract Documents, the Contractor's responsibility shall continue until final acceptance of his work by the Engineer, 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, distances, 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. rU.S. Standard Measures will be used in the measurement of all work completed and such measurements will be used as a basis for the computation of the quantities of work performed. r Linear measurements will be taken horizontally on all work except structures which will be measured according to the neat tine 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 notwithstanding. 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 of such areas. ' 15. COMMENCEMENT AND 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 execution of this Contract, at the Owner's discretion, the Owner shall give the Contractor ' written notice to commence work on the Project. The Contractor shall commence work on the Project within ten (10) 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. r OSM Project General Conditions G.C. - 8 1 1 1 J 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 shall 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 estimated 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. 16. 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 of 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. ' 17. CONFORMITY WITH 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 Engineer. All work performed and all materials furnished shah be in conformity with the material requirements indicated in the specifications or Special Provisions. If, in the opinion of the Engineer, any of the work performed or any materials furnished are not in ' conformity with the Plans or Specifications, such work or materials will be. considered as defective work, and will be subject to Provision 1512 of the Minnesota Department of Transportation Standard Specifications for Highway Construction. 18. 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 of the 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 Contractor. ' In the case of any discrepancy between the scale and figures on all Plans, details or drawings, the figured dimensions shall govern. In the case of any discrepancy between the quantities shown in the Proposal and those shown on the Plans, the Plans shall prevail. In thecaseof any other discrepancy in the Contract Documents, the decision of the Engineer shall be conclusive. I OSM Project 11 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 in 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 life 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 the Contractor's obligations and the contract sum may be adjusted accordingly. In the event the change 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 for extra work or change shall be valid unless authorized by official action of the Owner and communicated to the Contractor in writing. All such work shall be executed under the terms and conditions of this Contract, except that any claim for extension of completion time caused thereby may be adjusted 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 notice, the Contractor shall have five (5) days to submit a written request for clarification, for added compensation or for extension of completion time. Should the Contractor, after having been notified 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 compensating 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 (10%) 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 C. For any machinery, trucks, or equipment required to implement change, the Contractor will receive a reasonable rental price for each and every hour that said machinery, tracks 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 Rate Blue Book for Construction Equipment for this district for comparable rentals and shall be subject to the Engineer's approval. 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 of small tools and equipment for which no rental is allowed, and all other costs incidental to implementing 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 and signed by both parties. All such claims for labor, 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 Owner may withhold payment of all current draw requests or, after giving the Contractor due notice, the Owner may make payment for said work on a basis of a reasonable estimate of the value 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 Documents shall be binding as if given to the Contractor. All directions shall be confirmed on written 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. pp Copies of the Plan and Specifications will be supplied to the Contractor by the Engineer. The p p 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 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 and freight on such materials in lieu of original bills, and invoices. This affidavit shall be approved by the Engineer. C. For any machinery, trucks, or equipment required to implement change, the Contractor will receive a reasonable rental price for each and every hour that said machinery, tracks 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 Rate Blue Book for Construction Equipment for this district for comparable rentals and shall be subject to the Engineer's approval. 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 of small tools and equipment for which no rental is allowed, and all other costs incidental to implementing 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 and signed by both parties. All such claims for labor, 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 Owner may withhold payment of all current draw requests or, after giving the Contractor due notice, the Owner may make payment for said work on a basis of a reasonable estimate of the value 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 Documents shall be binding as if given to the Contractor. All directions shall be confirmed on written 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. pp Copies of the Plan and Specifications will be supplied to the Contractor by the Engineer. The p p 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 marks, and all other things that are necessary for satisfactory completion of the Project. 22. LABOR Only competent labor shall be employed on this Project. Whenever mechanical work is required, it shall be performed by skilled labor. The foreman or other person directing the work shall be competent, sober, and reliable, and shall extend every facility to the Engineer to enable him to properly discharge his duties, and shall furnish such help as may be necessary to facilitate the inspection of 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 shall be for the best interests of the Project that such 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. The portion of the Project Site or right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes and for the placing of the Contractor's plant and equipment; but any additional 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. 24. TESTING OF MATERIALS - When tests of materials are necessary, such tests shall be made by and at the expense of the Contractor unless otherwise provided. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the materials represented by the samples until tests have been made and the materials have been found to satisfy the Contract Documents. The Contractor in all cases shall furnish the required samples without charge. 25. 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 work as ordered, in writing, by the Engineer. Should the Contractor fail or refuse to remove or renew any defective work or to make any necessary repairs in an acceptable manner and in accordance with the requirements of the Contract OSM Project General Conditions G.C. 12 Documents within the time indicated in writing, the Engineer shall have the authority to cause the 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 or refused to make, shall be retained by the Owner from monies due or which may become due the Contractor, or may be charged against the Contract Bond. Continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully and in acceptable manner shall be sufficient cause for the Owner, at his option, to purchase materials, tools and equipment, and employ labor 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 protection to prevent damage, injury or loss to: A. All employees on the project and all other persons who maybe 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, agents or delegatees; and C. Other property 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 damage, 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 Contractor shall 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 Project 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 watchers and take such other precautionary measures for the protection of persons and property as are necessary. Excavations in or adjacent to public streets or alleys in which water stands more than one (1) foot deep shall be securely barricaded 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 OSM Project General Conditions G.C. - 13 Standard Signs Manual Parts 1, II and III. The Contractor shall furnish watchers in sufficient numbers to protect the work. When a detour is necessary because a street is blocked by the work on the Project, the Engineer shall designate its route and the Contractor shall furnish and post detour signs of type and size required by the Owner at places designated by the Engineer. r When existing sewers have to be removed, the Contractor shall at his own cost and expense provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall be responsible for all sewage and drainage from these drains and sewers; and for this purpose he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets and diversions. The Contractor at his own expense shall construct troughs, pipes, and other necessary structures, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections shall be returned to service. The existing sewers and connections shall be kept in service and maintained under the contract, except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work in progress will be adequately protected. At shaft sites and on all open cut work, the Contractor shall provide and maintain free access to fire hydrants, water and gas valves, manholes and similar facilities. Gutters and waterways shall be kept open or other satisfactory provisions made for the removal of stormwater. 7 ]m The Contractor shall provide at his own cost and expense all methods for adequate drainage of the Project and shall assume full responsibility and liability for damage to any persons or property resulting from such drainage. No separate compensation will be paid for sub -drains, or other methods of draining. The cost thereof shall be included in the Proposal and Contract. No trees shall be cut except upon the specific authority of the Engineer. Trees adjacent to the work shall be protected from all damage by the construction operations. 27. DAMAGE TO EXISTING IMPROVEMENTS - The Contractor shall be entirely responsible for the protection of all improvements that are not designated by the Engineer to be removed for proper construction of the project. The Contractor shall not enter upon private property for any purpose without having previously obtained written permission from the owner thereof. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, bridge, pavements, driveways, sidewalks, etc., all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. All damage to existing improvements during the progress of this improvement shall be promptly repaired by the Contractor under the direction of the Engineer. Such repairs shall be made according to the requirements of the standard specifications of the 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 than forty-eight hours in advance of any work which might damage or interfere OSM Project General Conditions G.C. - 14 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 therefore is made in writing to the Engineer within seven (7) days after the period of delay commenced. The Contractor shall 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 act or omission of the Owner or any of its representative. His sole remedy for delay shall be his right to apply to the Engineer for extension of 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 Project 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 may 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, upon 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 provision of the Contract Documents, shall relieve the Contractor of responsibility for faulty material or workmanship, and unless otherwise specified he shall remedy all defects and pay for any damage to other work resulting therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner shall give notice to the Contractor of observed defects with reasonable promptness. 33. FAILURE TO COMPLETE 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 provided elsewhere in the Contract Document. Inasmuch as the damage and loss to the Owner which will result from the failure of the Contractor to complete the work within the stipulated time will be most difficult or impossible to accurately assess, the damage to the Owner for such delay shall be liquidated at a daily rate as set in the Supplementary General Conditions or in the amount thereof 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 thereafter extended. - OSM Project General Conditions G.C. 17 I accordance with the approved Progress Schedule; and fails or refuses to increase the working force when requested to do so by the Engineer; or H. The Contractor sublets, assigns, transfers, conveys or otherwise disposes of his contract in a manner other than as herein permitted; or I. A receiver or receivers are appointed to take charge of the Contractor's property or affairs; or J. The Engineer is of the opinion that the Contractor is, or has been, unnecessarily or unreasonably or willfully delaying the performance and completion of the Project, or the award of necessary subcontracts, or the placing of necessary material and equipment orders; or K. The Engineer is of the opinion that the Contractor is or has violated any of the provisions of this contract; or L. The Engineer is of the opinion that the work cannot be completed within the time herein required, or within the time to which such completion may have been extended and that the impossibility of timely completion is, in the Engineer's opinion, attributable to conditions within the Contractor's control; or M. The Engineer is of the opinion that the Contractor is not or has not been performing the contract in good faith and in accordance with its terms; or N. The Project is not completed within the time required or within the time by which such completion has been extended. EXERCISE OF THE RIGHT TO DECLARE IN DEFAULT - The right of the Owner to declare the Contractor in default for any of the grounds specified or referred to in Article 35 hereof, shall be exercised by sending the Contractor written notice, signed by the Engineer, setting forth the ground or grounds upon which such default is declared. QUITTING THE SITE - Upon receipt of such notice the Contractor shall immediately discontinue all further operation under this Contract and shall immediately quit the site, leaving untouched all plant materials, equipment, tools and supplies then on the site. COMPLETION OF THE WORK AFTER DEFAULT The Owner, after declaring the Contractor in default, may then have the Project completed by such means and in such manner (by contract with or without public letting, or otherwise) as it may deem advisable, utilizing such of the Contractor's plant, materials, equipment, tools and supplies remaining on the Project Site as it may deem advisable. After completion of the Project, the Engineer shall complete a certificate stating the expense incurred in such completion, which shall include the cost of reletting and the total amount of liquidated damages (at the rate provided for herein), from the date when the work should have been completed by the Contractor in accordance with the terms hereof to the date of actual completion of the work. The certificate shall be binding and conclusive upon the Contractor, his Sureties, and any person claiming under the Contractor, as to the amount thereof. OSM Project General Conditions G.C. - 19 36. 37. 38. accordance with the approved Progress Schedule; and fails or refuses to increase the working force when requested to do so by the Engineer; or H. The Contractor sublets, assigns, transfers, conveys or otherwise disposes of his contract in a manner other than as herein permitted; or I. A receiver or receivers are appointed to take charge of the Contractor's property or affairs; or J. The Engineer is of the opinion that the Contractor is, or has been, unnecessarily or unreasonably or willfully delaying the performance and completion of the Project, or the award of necessary subcontracts, or the placing of necessary material and equipment orders; or K. The Engineer is of the opinion that the Contractor is or has violated any of the provisions of this contract; or L. The Engineer is of the opinion that the work cannot be completed within the time herein required, or within the time to which such completion may have been extended and that the impossibility of timely completion is, in the Engineer's opinion, attributable to conditions within the Contractor's control; or M. The Engineer is of the opinion that the Contractor is not or has not been performing the contract in good faith and in accordance with its terms; or N. The Project is not completed within the time required or within the time by which such completion has been extended. EXERCISE OF THE RIGHT TO DECLARE IN DEFAULT - The right of the Owner to declare the Contractor in default for any of the grounds specified or referred to in Article 35 hereof, shall be exercised by sending the Contractor written notice, signed by the Engineer, setting forth the ground or grounds upon which such default is declared. QUITTING THE SITE - Upon receipt of such notice the Contractor shall immediately discontinue all further operation under this Contract and shall immediately quit the site, leaving untouched all plant materials, equipment, tools and supplies then on the site. COMPLETION OF THE WORK AFTER DEFAULT The Owner, after declaring the Contractor in default, may then have the Project completed by such means and in such manner (by contract with or without public letting, or otherwise) as it may deem advisable, utilizing such of the Contractor's plant, materials, equipment, tools and supplies remaining on the Project Site as it may deem advisable. After completion of the Project, the Engineer shall complete a certificate stating the expense incurred in such completion, which shall include the cost of reletting and the total amount of liquidated damages (at the rate provided for herein), from the date when the work should have been completed by the Contractor in accordance with the terms hereof to the date of actual completion of the work. The certificate shall be binding and conclusive upon the Contractor, his Sureties, and any person claiming under the Contractor, as to the amount thereof. OSM Project General Conditions G.C. - 19 1� 39. PARTIAL DEFAULT - In 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, inconformity with the terms of the Contract, and shall in no way hinder or interfere with any other Contractor or persons whom the Owner may engage 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 as to which the Contractor was declared in default only such plant, materials, equipment, tools and supplies as had been previously used by the Contractor on such part. 40. PROGRESS PAYMENTS - Application for progress payments shall be submitted prior to the first day of each calendar month. The Contractor shall submit to the Engineer a verified application for each payment, and, if required, receipts or other vouchers showing his payments for materials and labor, including payments 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 the 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 amount 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 I 7 41. SCOPE OF PAYMENT - 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 performing all work contemplated and embraced under the Contract; for all loss or damage arising out of the nature of the work, or from the action of the elements, until its final acceptance by the Owner; 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 Contractor such an amount or amounts as may be necessary to cover: A. Defective work not remedied. B. Claims for labor or materials furnished the Contractor or 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 connection 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 ten (10) days after such notification, the Contractor 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 become due the Contractor on this Contract. If the amount due or to become due is insufficient to cover 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 Contractor 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 Surety or Sureties of the acceptance of the Project. The action of the Owner and the Engineer, by which the Contractor is to be bound and the Contract concluded according to the terms thereof, shall be evidenced by the aforesaid Certificate of Final Payment. All prior OSM Project General Conditions G.C. - 21 certificates or claims upon which payment may have been made are merely partial estimates and subject to correction in the final payment. Before final payment is made for the work on this Project, the Contractor must make a satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92, as now existing or hereafter amended, requiring the withholding of State income tax for wages paid employees on this Project. A Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. Final payment will not be made until the Contractor has filed with the Owner evidence in the form of an affidavit, and such other evidence as may be required, that all claims against him by reasons of the Contract have been fully paid, or satisfactorily secured. In case such evidence is not furnished, the Owner may retain out of any amount due the Contractor sums sufficient to cover all claims unpaid. 45. NO WAIVER OF LEGAL RIGHTS - The Owner, or the Engineer, shall not be precluded or estopped from showing at any time, that any measurement, estimate or certificate is incorrect or that the work or materials or any part thereof do not conform to the Contract Documents. The Owner shall have the right to reject the whole or any part of the work or material, should the said measurement, estimate, certificate or payment be found, or be shown, to be inconsistent with the terms of the Contract. The Owner shall not be precluded or estopped, notwithstanding any such measurement, estimate, certificate any payment in accordance herewith, from demanding and recovering from the Contractor and his Surety such damages as it may sustain by reasons of his failure to comply with the terms of the Contract 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 of its employees shall operate as a waiver of any portion of the Contract or any power or right herein reserved 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 - The Engineer may have the right to order the stoppage of work during rain or snow storms or other meteorological situations that, in the opinion of the Engineer, require work stoppage or delay, and all freshly placed work shall be protected by suitable covering in such a - manner as to prevent damage. Sufficient covering shall be provided and kept ready for this purpose. The Contractor will not be entitled to extra compensation for work stopped or delayed by the Engineer due to any meteorological phenomenon. 47. NIGHT WORK - Work on the Project shall not be done at night except in the event of an emergency on upon direction of the Engineer. The Engineer may order work to be performed at night, if in his opinion, it is for the best interest of the Owner. All work performed at night shall only be performed under the direction and supervision of the Engineer. Suitable and sufficient lighting facilities shall be provided by the Contractor for all work performed at night. No extra compensation will be allowed by the Contractor for work performed at night. 48. USE OF EXPLOSIVES - If it is necessary to use explosives in the construction of the Project, the Contractor shall obtain permits and comply with all the applicable laws, ordinances and regulations. He shall fully protect all completed works as well as all overhead surface or underground structures OSM Project General Conditions G.C. - 22 and shall be liable for any damage done to the work or to the Project or to other structures on public or private property, and for injuries sustained by persons by reason of the use of explosives in his operations. Explosives shall be handled, used and detonated by experienced personnel only. All firing shall be done by electricity. All explosives supplies shall be safely stored and protected in a storage facility marked clearly "DANGER - EXPLOSIVES". Caps or other exploders shall not be stored at the same location where dynamite or other explosives are stored. 49. NOISE ELIMINATION - 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. 50. 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. 51. 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 safety of persons and property in accordance with the applicable OSHA requirements. 19 54. "OR EQUAL" CLAUSE - Whenever in any of the Contract Documents any article, appliance, device or material is designated by the name of the manufacturer or vendor or by any proprietary 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 r OSM Project General Conditions G.C. - 23 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 adjacent to the Project. Equipment not usable on the Project shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Advertising signs will not be permitted on the Project except one sign identifying the Contractor and subcontractors, which 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 damage 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. 59. EFFECT OF HEADINGS AND TABLE OF CONTENTS - The section, article or paragraph headings 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 of which shall be an original and all of which shall constitute one of the same instrument. 61. CONSTRUCTION - This Contract shall be construed in accordance with the laws of the State of Minnesota. OSM Project General Conditions G.C. 24 62. WRITTEN NOTICE TO PARTIES - All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by certified mail, return receipt requested, postage prepaid, with proper address as _indicated below. The parties hereto may, by written notice to the other(s), designate any other address or addresses to which such communications to them shall be sent when required under this Contract. Unless and until otherwise provided 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. PERMISSIVE ARBITRATION 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 SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS These SupplementaryConditions amend or supplement the General Conditions of the Construction Contract Pp 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 Insurance": The excess liability coverage shall be an Umbrella Excess Liability Policy in at least the amount of $1,000,000. SCA5 - Add the following: 'The entire project shall be completed by August 21, 1992. All work performed after the date specified shall be subject to liquidated damages as stated in the General Conditions No. 33." SC -64 - Permissive Arbitration Clause - Delete General Condition No. 64. ' "Permissive Arbitration Clause" from this Contract. OSM Project No. 1783.06 S.G.0 - 1 DIVISION 1.0 GENEAL REQUIREMENTS INDEX PARAGRAPH DESCRIPTION PAGE NO. 01010 Summary of Work i 01014 Work Sequence 1 01050 Field Engineering 1 01052 Hubs and Lath 2 01060 Permits 2 01200 Project Meetings 2 01300 Submittals 2 01400 Quality Control 3 01515 Construction Water 3 01546 Protect Existing Utilities 3 01561 Noise Control 4 01562 Dust Control 4 01568 Erosion Control 4 01710 Cleanup 4 01740 Warranty 4 01903 Compensation for Increased or Decreased Quantities 5 G.R.I. - 1 OSM Project No. 1783.06 DIVISION 1.0 GENERAL REQUIREMENTS 01010 - SUMMARY OF WORK The work to be done under this Contract shall include the furnishing of all labor, materials, tools and equipment necessary to complete the site grading as shown on the plans and specified herein, including but not limited to the following: The Owner is the City of Rosemount. 01014 - WORK SEQUENCE All work is to be completed by July 31, 1992. 01050 - FIELD ENGINEERING All work under this Contract shall be constructed in accordance with the elevations shown on the drawings. The new contours shown on the pian 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 shah_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 Engineer forty-eight (48) hours notice of his need for the establishment of line and grade so that the Engineer may have time to provide them. After lines and grades for any part of the work have been given by the Engineer, the Contractor will be held responsible for such lines and grades. All stakes or other marks given shall be protected and preserved by the Contractor until he is authorized to remove them. The Contractor shall be billed the cost of any restaking due to his negligence. The Contractor shall, at his own expense, correct any mistakes that may be caused by the unauthorized disturbance or removal of line and grade stakes. The Engineer may require that work be suspended when, for any reason, such marks cannot be properly followed. No additional compensation shall be allowed the Contractor for any claims of crews being held up because of lack of one grade stakes, or suspension of work when line and grade cannot be properly followed. OSM Project No. 1783.06 G.R. - 1 01052 - HUBS AND LATH The Contractor shall furnish and deliver to theProf 'ect site: 100 - V x 2" x 12" pointed hubs 100 - 32- pointed lath Payment for hubs and lath shall be considered incidental to the project. 01080 - PERMITS Any necessary permits shall be the responsibility of the Contractor. 01200 PROJECT MEETINGS Prior to the start of the work there will be a Pre -Construction Conference arranged by the Engineer. Representatives of the City of Rosemount, Engineer, and Contractor shall be present at this meeting. The Contractor's project superintendent will be present at this meeting. He shag 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 constructionhase regular meetings will be called, as deemed necessary by the Engineer, to P 9 g review progress and discuss items 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 shall be 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. Item When Required Performance Bond With Executed Agreement Labor & Material With Executed Agreement Payment Bond Insurance Certificate With Executed Agreement Subcontractor List At Pre -Construction Meeting Progress Schedule At Pre -Construction Meeting Certificate of Withholding State Tax Before final payment Final Lien Waivers Before final payment Consent of Surety Before final payment OSM Project No. 1783.06 G.R. - 2 01400" QUALITY CONTROL Any person representing federal or state agencies, the Engineer or Owner shall have the right of to ins 9 g entry peck the work being performed by the Contractor. If the case warrants, the Contractor shall provide proper facilities for such access and inspection. The Contractor shall notify the Resident Inspector anytime he anticipates working on this project. No work will r be allowed without notifying the inspector before hand. 1 01515 - CONSTRUCTION WATER Water for new construction purposes may be obtained from the City at a cost to the Contractor of $0.95 per 1000 gallons from a site near the City Hall. Alternatively, the Contractor will be allowed to pump construction water from a pond, designated by the Owner, at the Contractor's expense. 01546 - PROTECT EXISTING UTILITIES Every effort has been made to show all known existing underground utilities; however, the Owner does not guarantee the locations as shown 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 responsible 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 controlling dust is determined to be inadequate, the City will sublet the work and charge the Contractor three times the cost. 0 EROSION CONTROL Erosion control, as specified on the detail plates (Appendix), shall be placed and maintained by the Contractor and as directed by the Engineer. The Contractor shall use the appropriate means of control for individual situations. The erosion control 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. The Contractor shall be assessed liquidated damaaes of $200 per day for each specified area for which he has not installed or repaired erosion control devices within 48 hours after receiving written notice OSM Project No. 1783.06 G.R. - 3 11 L 1 01710 - CLEANUP During the progress of the work, the area affected shall be kept dean and free of all rubbish and surplus materials. All unneeded construction equipment shall be removed from the site and all damage repaired so that the public and adjacent property owners are inconvenienced as little as possible. Where materials or debris have washed or flowed into or have been placed in water courses, ditches, gutters, drains, catch basins, or elsewhere as a result of the Contractor's operations, such material or debris shall be removed and satisfactorily disposed of during progress or work. All ditches, channels, drains, etc., shall be kept In a dean and neat condition. On or before the completion of work, the Contractor shall, unless otherwise directed in writing, remove all temporary works, tools and machinery 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 neat and restored condition satisfactory to the Engineer. All cleanup work is considered 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 from 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. 01903 - COMPENSATION FOR INCREASED OR DECREASED QUANTITIES Delete Section 1903 of the Mn/DOT Specification in its entirety and replace with the following: 'The work to be performed is recognized to be construction of a type involving uncertain quantities. All basis of payment provisions of these specifications specifically preclude price adjustments in the event of increased or decreased quantities of contract items. Any payments provided by bid item shall be valid and shall be accepted by the Contractor as compensation in full for work, regardless of the amount of percentage of increased or decreased quantities. The Owner has the right to delete a bid item in its entirety. 1 OSM Project No. 1783.06 G.R. - 4 DIVISION 2.0 SITEWORK INDEX PARAGRAPH DESCRIPTION PAGE NO. 02000 General - OSM 1 02104 Removing Pavement and Miscellaneous Structures 1 02105 Excavation and Embankment 1 02575 Turf Establishment - Mn/DOT 1 S.W.! • 1 OSM Project No. 1783.06 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 Construction" (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 REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES 02104.1 - DESCRIPTION: This work shall consist of removal and disposal of structure to be abandoned and other obstructions within the working 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 excavation operation. This watermain line is proposed to be abandoned. If this watermain line is exposed the contractor shall cut the existing PVC line and remove and dispose of the exposed portion. The Contractor shall also cap both ends of the exposed watermain using a gasket or solvent -cemented type joint with the approval of the 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" PVC watermain shall be considered incidental to the project. 02105 - EXCAVATION AND EMBANKMENT 02105.1 - DESCRIPTION: This work shall consist of grading the site as per the grading plan. All topsoil shall be stripped and stockpiled at various locations as determined by the Contractor and approved by the Engineer at the time of construction. This topsoil will be respread on all disturbed areas at a minimum 4 inch thickness, or as directed by the Engineer. The site shall be seeded within 72 hours of completion of grading. All excavation on this project shall be classified as common excavation regardless of the type of equipment needed to complete the excavation. Excavation and embankment areas shall be compacted to 95% of standard proctor. All grading on the site shall be within 0.2 feet of the grading plan. ' The finished topsoil shall be reasonably free of clay lumps, stones larger than 2" diameter, weeds, roots, stumps, or other objectionable material incapable of sustaining plant growth. 02105.4-.5 - METHOD OF MEASUREMENT 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 placing topsoil shall be incidental to the project. OSM Project No. 1783.06 S.W. - 1 02575 - TURF ESTABLISHMENT - Mn/DOT 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 placed within 72 hours. Fiber blankets may be placed at the direction of the Engineer after consultation with the Contractor on specific areas appearing to be subject to erosion. Rock picking, before and after seeding, will be completed by this Contractor at no additional compensation. The Contractor shall be responsible for successful turf establishment. 02575.2 - MATERIALS: Seed shall be Mature 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 reparation, regrading, rock picking, Y P P seeding, mulching, fertilizing and any reseeding as required. Payment for fiber blankets shall be made by the square yard. i 1 OSM Project No. 1783.08 S.W. - 2 OSM EROSION CONTROL DIRECTIVE Erosion control, as specified on the detail plates, shall be placed and maintained by the Contractor and as directed by the Engineer. The Contractor shall use the appropriate means of control for individual situations. The erosion control types will include filter fence, r 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. The Contractor shall be assessed liquidated damages of $200 per day for each specified area for which he has not installed or repaired erosion control devices within 48 hours after ' receiving written notice. PROJECT: City Project No. Contract No. OSM Comm. No. CITY: CONTRACTOR: Representative: Signature: Date Received: CONSTRUCTION OBSERVER: ' TYPE OF DEVICE: (Fabric Fence, Straw Bales, Etc.) CONTROL: GENERAL DESCRIPTION OF AREA REQUIRING EROSION (Drawing below -include stationing, Lot No's, etc.) Maintenance 1. FILTER BARRIERS SHALL BE INSPECTED IMMEDIATELY 3. SEDIMENT DEPOSITS SHOULD BE REMOVED AFTER EACH AFTER EACH RAINFALL AND AT LEAST 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 AF7 -R THE SILT INEFFECTIVE PRIOR TO THE END OF THE EXPECTED FENCE OR FILTER BARRIER IS NO LONGER REQUM'0. SHALL BE USEABLE LIFEAND 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" HI�1€s: INH - IBM FILTER FABRIC — WIRE FENCING SET POSTS AND EXCAVATE A 4"X 4"TRENCH UPSLOPE ALONG THE LINE OF THE POSTS 3 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 BOTTOM OF DRAINAGE WAY 1 3 i B ;, r A I OJ 1 A • ����'s� t 1 ELEVATION: POINTS "A' SHOULD BE HIGHER THAN POINT "B" EROSION CONTROL PLACEMENT AND CONSTRUCTION OF A SYNTHETIC FILTER BARRIER NO SCALE Drawn By: ppr Sc elan Meyeron & Date: C&A Associates. Inc. Engineers • Surveyors • Planners l+rt Keay pig, 1 ease 0 Ylasea►db. KM 04413 0 00-0 Drawing Title ROSEMOUNT , MINNESOTA Comm. No. Sheet no. 4- t A