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
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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
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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.
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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.
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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
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1
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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.
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Copies of the Plan and Specifications will be supplied to the Contractor by the Engineer. The
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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