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1987-05 Specs for Curb, Gutter, & BituminousSPECIFICATIONS FOR CONCRETE CURB and GUTTER and BITUMINOUS SURFACING IMPROVEMENT PROJECT FOR BARTHEL CONSTRUCTION, INC. MEYER-ROHLIN, INC. ENGINEERS AND LAND SURVEYORS 1111 HIGHWAY 25 NORTH BUFFALO, MINNESOTA 55313 May, 1987 E-8732 I hereby certify that this plan, 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 tate of Minnesota. Thore P. Meyer Reg. No. 6218 TABLE OF CONTENTS Instructions to Bidders . . . . . . . . . . . . . . . . . . Pages 3 - 6 Proposal Form . . . . . . . . . . . . . . . . . . . . . . . Pages 7 - 10 General Conditions . . . . . . . . . . . . . . . . . . . . Pages: 20 General Special Provisions . . . . . . . . . . . . . . . . Pages: 3 Special Provisions . . . . . . . . . . . . . . . . . . . . Pages: 2 Page 2 INSTRUCTIONS TO BIDDERS Proposals to be entitled to consideration must be in accordance with the following instructions: A. General All proposals shall be submitted on forms furnished by the Engineer. All information, lump sums, and unit prices requested shall be completely filled out by typewriter or in ink. All corporation bids shall bear the official seal of the corporation. The bid shall be submitted on the unbound proposal forms. A proposal may be withdrawn, without prejudice to the bidder, by written request prior to the hour of the letting. Proposals, so withdrawn, may be resubmitted at any time prior to the time set for opening of proposals. The Owner reserves the right to reject any or all proposals, and to waive any informalities and irregularities in the bidding. o B. Qualification of Bidders The Owner may request the bidder to submit information necessary to satisfy the Owner that the bidder is adequately prepared to fulfill the contract. Such information may include past performance records, lists of available personnel, plants and equipment; financial statement; or any other pertinent information. C. Preparation of Proposal The Udder shall submit his proposal on the forms provided by the Engineer. The blank spaces in the proposal shall be filled in correctly for every item for which:a quantity is given and the bidder shall state the prices for which he proposes to do each item of work. The bidder shall indicate all interim completion dates for the major phases of the project as provided for the proposal form. These interim completion dates will in no way influence the awardal of the contract but shall serve as a guide to the Owner and the Engineer as to the time frame in which the Contractor will complete the various phases of the project. The Contractor must fill in the blank spaces indicating his interim completion dates in order for his proposal to constitute a responsive bid. Irregardless of interim completion dates provided by the Contractor, the Contractor is bound to adhere to all interim completion dates and the final completion date established by the Owner as indicated in the General Special Provisions of these Specifications. Page 3 The bidder's proposal shall be signed correctly in ink providing information required and acknowledging the receipt of all Addenda to the Specifications. D. Sub -Contractors The names and addresses of all sub -contractors that the bidder intends to employ on the project shall be listed in the spaces provided on the proposal form. No other sub -contractors shall' be used on the project without the written approval of the Engineer. E. Bid Security Each bid shall be accompanied by a certified check, cashiers check, or bidders bond in the amount of five (Sip) percent of the bid, as a guarantee that the bidder will enter into the proposed contract within the time specified. Should the bidder whose proposals has been accepted by the Owner, refuse, fail, or neglect to execute the contract and furnish a satisfactory surety bond; it is understood and agreed between the Owner and said accepted bidder that the five (S%) percent of bid security shall be the amount of the liquidated damages occasioned by such failure, refusal, or neglect and that thereupon said Owner shall realize on such bid security and use the proceeds in payment of said damages. The bid security accompanying rejected bids will be promptly returned to the bidders upon the execution of a contractor or the rejection of bids. F. Plans and Specifications Copies proposal forms, plans, and specifications for use by contractors su=itting a bid may be obtained from the Engineer on deposit of the sum of ($ ) Dollars. This deposit wi'17 not be refundable. G. Examination of Site and Documents Bidders shall examine to their satisfaction the quantities of work to be done as determined from the plans and specification. Quantities indicated by the Engineer on drawings or elsewhere are estimated only. Bidders must rely on their uwn calculations and shall be thoroughly familiar with the Contract Documents. Bidders shall satisfy themselves by a personal examination of the site as to all local conditions affecting the performance of the Contract, such as, the structure of the ground, the existance of surface and groudd water, availability or drainage, obstacles which may be encountered, means of approach to the site, manner of delivery and handling of materials. Page 4 The bidder, in submitting his proposal, is deemed to accept all conditions as the same as are eventually found to exist and to waive all claim for extra compensation aris7.ng from the encountering of unforeseen difficultities except as the same are expressly provided for fn either the specifications or the Contract. Bidders shall also carefully examine the plans and read the specifications before submitting bids on the work to be done. If any bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof. The clarification of the proposed documents will be made only by an addendum duly issued. A copy of such addendum will be mailed or delivered to each person receiving a copy of the plans and specifications and to such other prospective bidders as have.requested that they be furnished with a co-py of such addendum. All addenda issued to bidders prior to date of receipt of proposals shall become a part of the contract documents, and all proposals are to include the work therein described. Each proposal submitted shall list all addenda by number which have been received prior to the time scheduled for receipt of proposals. H. Adherance to Specifications All work shall be done in strict accordance with the specifications and plans and such addenda as may be issued from time to time by the Engineer. Bidders shall be held strictly to the spirit of the plans and specifications. I. Rejection of Bids The right is reserved to reject any or all bids or to accept such bid, as in the opinion of the Owner, will be to the best interests of the Owner, No bidder may withdraw his bid for at least thirty (30) days after the scheduled closing time for the receipt of bids. J. Conditions in Bidder's Proposal The bidder shall not stipulate in his proposal any conditions not provided for on the proposal form. Page 5 K. Interpretation of Estimates The Engineer's estimate of quantities as shown in the proposal shall be used as a basis of calnulation 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. L. Delivery of Proposals All bids shall be placed in a sealed envelope with a statement thereon showing the work covered by the bid, and addressed to the address as stipulated in the Advertisement for Bids. Pro- posals 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. The Engineer will not accept bids at the office of the Engineer or deliver bids to the place of the bid opening. M. Rejection of Proposals 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. N. 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. 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 o satisfactorily or his lack of the experience sary for the satisfactory completion of the sufficient cause for his disqualification. 0. Unit Prices In case of error in the extension of prices, shall govern. The owner reserves the right informality in the bids at his discretion. ut previous contracts or equipment neces- work may be deemed the unit bid prices to waive any Page 6 A PROPOSAL FORM FOR CONCRETE CURB & GUTTER AND BITUMINOUS SURFACING IMPROVEMENT PROJECT FOR BARTHEL CONSTRUCTION, INC. Bids due on or before 2:00 P.M., May 29, 1987 Meyer-Rohlin, Inc. c/o Charles Eberhard 1111 Highway 25 North Buffalo, Minnesota 55313 Gentlemen: The undersigned as bidder, hereby proposed, and if this proposal is accepted, agrees to furnish a bond as required and to enter into a contract with Barthel Construction, Inc., to furnish all materials, labor, skill, tools and equipment for the complete construc- tion of street, including ,all accessories as called for by these specifications herewith as prepared by Meyer-Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota 55313, acting as and in these contract documents entitled as the Engineer for the following estimated quantities and unit prices. Item No. Item Qty. Unit Unit Price Total Price 1. Class 5 (inplace) 300 cu.yds. @ $ $ 2. Conc. Surmountable Curb 1700 l.f. @ $ $ & Gutter 3. Conc. Cross Gutter 68 sq.yds. @ $ $ 4. 12" Bit. Binder Course 3300 sq.yds. @ $ $ 5. 12" Bit. Wear Course (2341 Spec.) 3300 sq.yds. @ $ $ 6. Adjust C.B. 2 each @ $ $ 7. Adjust G.V. 2 each @ $ $ 8. Adjust M.H. 4 each @ $ $ TOTAL BID $ Page 7 Subcontractors to be used in the work: Name Name Name Address Address Address A Cerz_:-ed bid bond C 3 ier' S C_^.�C:{ �n �n a.alu_- Of C eck, C r Ji.' 'n DC_lar s drawn_ to the order of Barthel Const. Inc., is attached hereto, with the underszanding that if this proposal is accepted and the undersigned refuse, fail or neglect to execute a conzraCt and fu=lsh said bond within tan days of the date of acceptance of thj. s proposal, it is 'understood and agreed between John Sandberg, and t hat Dollars ($ ) same being the amount of bid security above mentioned, shall be the liquidated damages occasioned by such failure, refusal, or neglect and that there- upon, said Owner may realize on sa-d bid sec,-,r:ty a-nd use the proceeds in payment in said damages, and the Owner Award such bid to the next lowest responsible bidder; and union further understanding that said bid security will be promptly returned upon the rejection of t:.is proposal or the signing of a contract and furnishing of the bond. If this proposal is accepted; the bidder agrees to commence work and to complete all work according to the schedule in the special provisions. This proposal is submitted after careful study of the plans and S ueC'_`1Cat_CnS and from a personal knowledge of the Conditions , both surface and subsoil at the various sites, which knowledge was obtained from the undersigned's own souces of infor-maicn and not from any official or e=loyee of the Owner. The undersigned does declare that this proposal is made without improper connection with any other person or persons making a proposal on this same contract and is in all respects fair and without collusion or fraud and the undersigned does further declare that no person or persons acting in any official capa- city for the Owner is directly or indirectly interested in the proposal herein or in the supplies of works to which it relates or in any portion of the profits thereof. Page 8 It is understood and agreed that this proposal cannot be with- drawn within Sixty ( 60 ) days after the opening of bids without the consent of the Owner and that the Owner has the right to accept the lowest responsible bidder or reject any or all pro- posals. ADDENDUM RECEIPT The receipt of the following Addenda to the Specifications is acknowledged. Addendum No Date Addendum No. Date Legal name of person, firm or corporation BY Page 9 GENERAL CONDITIONS TABLE OF CONTENTS Article 1. In General 2. Definitions 3. Execution, Correlation, and Intent of Documents 4. Drawings and Specifications 5. Performance Bond 6. Insurance 7. Permits, Regulations and Licenses 8. Engineer's Status 9. Quantity Revisions and Deletions 10. Changes and Extra Work 11. Inspection and Testing 12. Disposition of Defective Material 13. Contractor's Responsibility for Materials 14. Subcontractors 15. Prosecution of Work 16. Character of Work and Materials 17. Supervision and Character of Workmen 18. Protection of Property and Restoration 19. Traffic and Utility Controls 20. Right to the Owner to do the Work Pie 1 1 & 2 2 & 3 3 3 & 4 4 & 5 5 & 6 6 6 7 7 & 8 8 8 & 9 9 9 10 10 101 11 & 12 12 13 GENERAL CONDITIONS TABLE OF CONTENTS - CONTINUED Article Page 21. Right of the Owner to Declare Contractor in Default 13 22. Partial Default 13 & 14 23. Indemnity 14 24. 'Royalties, Patents and Trademarks 14 25. Assignment _ 14 26. Guarantee 14 27. Failure to Replace Defective Parts 15 28. Suspension and Resumption of Work 15 29. Delays and Extension of Time 15 & 16 30.- Failure to Complete work on Time 16 31. Protection and/or Restoration of Survey Monuments 16 32. Discrimination on account of race, Freed, or color prohibited in contract 17 33. Scope of Payment 17 & 18 34. Application for Payments 18 35. Payments to Contractors 18 & 19 36. Progress reports to the Engineer 19 37. Acceptance of Work 19 38. Project Site Cleanliness 19 39. Dust Control and Water Use 20 40.* Erosion Control 20 GENERAL CONDITIONS 1. IN GENERAL The standard form of the American Institute of Architects, entitled "The General Conditions of the Contract", and con- taining Articles 1 to 14 inclusive, is a part of these spec- ifications, except that the following General Conditions shall take precedence over and modify any statements of the "General Conditions of the Contract" and shall be used in connection with them as parfr of the Contract Documents. A copy of these General Conditions of the Contract is on file in the Engineer's Offices and is subject to inspection by this Contractor. Un- familiarity with the terms of these General Conditions of the Contract will not relieve this Contractor of the terms contained therein. The word "Architect" in the General Conditions of the Contract shall be construed to mean the same as "Engineer" in this specification. 2. DEFINITIONS For the purposes of this contract and specifications, the following words are to be used in accordance with these definitions. If pronouns are used in place of the word, the same interpretation shall apply. OWNER - is the Barthel Construction Inc. - acting personally or through its duiy authorized representative. ENGINEER - refers to Meyer-Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffal(b, Minnesota, acting personally or through its authorized representative. ' CONTRACTOR - is the individual, firm or corporation with whom the Owner contracts and awards the work. SUBCONTRACTOR - is the individual, firm or corporation having a direct contract with the Contractor, to furnish work according to the plans and specifications. CONTRACT DOCUMENTS - consist of the agreement, the general conditions of the contract, and the drawings and the specifications, including all modifications thereto incorporated in the documents before their execution. These form the Contract. WORK - includes labor and/or materials, equipment, transportation, or other facilities necessary to complete the Contract. G.C. - 1 bw SPECIFICATIONS - refer to the directions, provisions, and requirements contained herein pertaining to the method and manner of performance of the work, and the qualities and quantities of materials to be furnished under the Contract. BIDDER - is any individual, firm, or corporation offering on a form furnished by the Engineer, to perform the work contemplated in the drawings and specifications. PROPOSAL - is the written offer of the bidder on a form furnished by the Engineer, property signed and guaranteed, to perform the contemplated work. PLANS - are all approved drawings, or reproductions of such drawings, pertaining to the work provided in the Contract. PROPOSAL GUARANTEE - is the security designated in the proposal and furnished by the Bidder as a guarantee of good faith to enter into a contract with the Owner for performing the work should it be awarded to him. PERFOR4ANCE BOND - is the approved form of security furnished by the Contractor and his surety or sureties guarantying the faithful performance of the Contract and the payment of all obligations arising thereunder. INSPECTOR - is a representative of the Engineer who is authorized to make a detailed inspection of any, and all portions of the work performed and materials incorporated in the work. 3. EXECUTION, CORRELATION, AND .I:VTEiNT OF DOCUMENTS The Contract Documents shall be signed in duplicate by the Owner and the Contractor. In case the Owner and the Contractor fail to sign the general conditions, drawings, or specifications, the Engineer shall identify them. The Contract Documents are complementary and what is called for by any one shall be binding as though called for by all, and the Contractor shall rigorously abide by all their provisions. The intention of the documents is to include all labor, tools, materials, equipment, supplies, and transportation necessary for the proper execution of the work. Any disagreement between them shall be determined by the Engineer, and his decision shall be final. Whenever the phrase "or equal" shall appear in the Gontract Documents, it shall be construed to mean or equal in the opinion of the Engineer. -G . C. - 2 If any disagreement appears between drawings, specifications, or proposal form; the bidder shall request in writing a clarification from the Engineer. This will enable the Engineer to notify all interested parties of the discrepancy and its clarification. 4. DRAWINGS AND SPECIFICATIONS All drawings, specifications, or copies of same furnished by the Engineer remain as his property and, with the execution of the signed contract document set, shall be returned upon request at completion of the work. They must not be used for work other than this Contract. The Engineer will furnish, free of charge, all copies of drawings and specifications reasonably necessary for the prosecution of the work. One set of drawings shall be returned to the Engineer upon completion of the work as "as constructed" drawings, and shall be accurately marked with any and all alterations and dimensions that deviate from the printed drawings and details. The Contractor shall at all times keep a copy of the drawings and specifications at the work site and the'Engineer shall have access to them at all times. The Engineer shall further furnish such additional drawings or instructions as are necessary.for the proper execution of the work. All such drawings and instructions shall not be inconsistent with the Contract Documents, shall be true developments thereof, and shall be reasonably inferable therefrom. In using the drawings and specifications, the specifications shall take presidence over the drawings. Figure dimensions shall be followed in preference to scaled dimensions, and large scale drawings shall take preference over smaller scale drawings. In any case, it shall be the Contractor's responsibility to have omissions or discrepencies in the drawings, or specifications, clarified before ordering material or executing the work called for in the Contract. The Contractor shall verify all dimensions affecting the installation. 5. PERFORMANCE BOND Prior to the signing of the Contract, the Contractor shall be required to furnish the Owner with a performance bond from a surety acceptable to the Owner, in the form required by law, in an amount equal to the full amount of the Contract based on the lump sum bid or the anticipated quantities and unit prices as determined by the Engineer. This bond shall guarantee the proper execution and completion of the work and shall further guarantee the prompt payment of all persons or firms furnishing labor, fools, material, equipment, and supplies for the work. G.C. - 3 This bond shall be kept effective and in full force for one (1) year after completion and acceptance of the work. The bond shall serve as a guarantee of the function and work- manship of the work. This bond shall make the Contractor's sureties responsible for the satisfaction of the work against faulty workmanship or defective materials. Final acceptance of the work shall not relieve the sureties of responsibilities for faulty workmanship, for work through collusion or done with inferior materials for a period of one (1) year after the final acceptance. Premiums shall be paid by the Contractor. 6. INSURANCE The Contractor shall obtain and maintain in full force for the duration of the Contract the insurance designated below. Premiums shall be paid by the Contractor. a) Workmen's Compensation The Contractor shall take out and maintain during the life of the contract Workmen's Compensation Insurance for all of his employees employed at the work site. If any employees are engaged in hazardous work not covered by Workmen s Compensation Insurance, the Contractor shall provide adequate protection from Employer's Liability Insurance for protection of employees not otherwise protected. b) Public Liability and Property Damage Insurance The Contractor shall take out and maintain during the life of the contract Public Liability Insurance and Property Damage Insurance to protect him from claims arising out of public liability and property damage, for personal injury including death, claims for property damages which may arise out of work, or by one directly or indirectly employed by the Contractor. Amount of insumance shall be as follows: Public Liability Insurance shall not be less.than Two Hundred Thousand ($200,000) Dollars for injuries including accidental death, to one person, subject to the same limit for each person, not less than Four Hundred Thousand ($400,000) Dollars for one accident. Property Damage shall be for Fifty Thousand ($50,000) Dollars for each accident but not less than One Hundred Thousand ($100,000) Dollars aggregate. G.0 . - 4 c) Fire Insurance The Contractor shall carry full insurance against loss by fire.and wind damage upon all materials in place or stopped at the site for installation. This provision does not exclude material partially paid for by the Owner. This insurance shall be for the full insurable value of the material and shall be kept in full force until final acceptance and payment of the work by the Owner. - d) Automobile Insurance The Contractor shall take out and maintain during the life of the contract Automobile Public Liability Insurance in the amount of not less than $200,000 and $400,000 property damage liability. If any part of the work is under subcontract, similar insurance shall be provided by or in behalf of the subcontractors to cover all work done under their operations. All insurance shall be placed with companies acceptable to and approved by the Owner. The Contractor shall submit copies of insurance coverage with the Owner for filing. If any section of the work details special hazards, the Contractor shall provide riders to the Public Liability Property Damage Insurance to provide protection from these special hazards. 7. PERMITS, REGULATIONS AND LICENSES The Contractor shall obtain at his own expense all permits and licenses necessary for the prosecution of the work t4here such items are directly applicable to the performance of the work. Permits, licenses, and easements for permanent structures and permanent changes in existing facilities shall be secured by the Owner. The Contractor shall be familiar with tnd conform to all local, state, and federal codes, regulations, laws and ordinances applicable to the work, affecting those engaged or employed in the work, or the equipment or materials used in or upon the improvement. The provisions of such codes, regulations, Aaws and ordinances are deemed to be a part of these specifications and the contractor till be bound by the provisions thereof. G.C. - 5 The Contractor shall and also by surety agree to indemnify and save harmless the Owner and all of its officers and agents against any claim or liability arising from or based on the violation of any such code, regulation, law or ordinance, whether by himself, his employees, or subcontractors. If any work drawn or specified or any direction of the Engineer or inspector is contrary to such codes, regulations, laws, or ordinances, the Contractor shall so notify the Engineer for proper revisions and alternations. 8. ENGINEER'S STATUS The Engineer shall have general supervision and direction of the work and the authority to stop work when necessary to insure the proper execution of the contract. He shall have the authority to reject all work and materials which do not conform to the contract documents and to decide questions which arise in the execution of the work. Any work not specifically specified on the plans, but which may be fairly implied, or understood, as included in the con- tract, shall be done by the Contractor without extra charge, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the ful- fillment to the extent cif the plans and specifications. In the case of any discrepancy occuring between the plans and specifications, the decision of the Engineer is final. The Engineer shall present his decisions in writing on all claims of the Owner or the Contractor and all other matters relating to the execution and progress of the work or interpretation of the contract documents. 9. QUANTITY REVISIONS AND DELETIONS The Engineer is given the right to increase, decrease or delete any or all of the items specified in the Plans, Proposal and Contract. Such revisions shall in no way invalidate the Contract. The Owner through the Engineer reserves the right to termi- nate the Contract as it applies to the item or items in question and to make such arrangement as he may deem necessary to complete such item or items of work. No allowance for anticipated profits will be made. G.C. - 6 10. CHANGES AND EXTRA WORK The Engineer or Owner, without nullifying the Contract, may order contract changes, deletions, and extra work done. If these changes or extra work are of such a nature as would affect the contract price, an adjustment will be made by: a) Agreement between Owner, Engineer, and Contractor of a lump sum for the work. b) By contractual unit prices. c) By cost plus a percentage. All work changes involving adjustment of the contract price shall be in writing. 11. INSPECTION AND TESTING The Engineer and his representatives shall at all times be provided with proper facilities for the access and inspection of the work wherever it is in preparation or progress. Upon suspecting that the materials furnished, or the work performed by the contractor fail to fulfill the requirements of the contract, an inspector on the project site has the authority to reject materials or suspend work until such matter can be referred to the Engineer and a decision rendered. No advise which the inspector may give the Contractor shall be construed as binding upon the Owner nor will such advise release the Contractor from the fulfillment of the terms of the contract. All materials furnished by the Contractor are subject,at the discretion of the Engineer, to inspection and/or testing by accepted methods at the plant of the manufacturer. This inspection and/or testing shall be made at the expense of the contractor. All materials furnished by or for the Contractor for incorporation into the work under contract shall, at the discretion of the Engineer, be subject to inspection and/or testing by methods acceptable to the Engineer and at the expense of the Contractor. If any local, state, and federal codes, regulations, laws or ordinances require any work to be specifically tested or approved and if the specifications or Engineers instructions require special testing or approval, the Contractor shall give the Engineer timely notice of its readiness for the inspection. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the contractor's expense. 12. DISPOSITION OF DEFECTIVE MATERIAL All material found during the process of inspecting and testing to be defective, or defective material encountered at any time during the progress of the work, will be rejected by the Engineer, and the Contractor shall promptly remove all such material from the site. 13. CONTRACTOR'S RESPONSIBILITY FOR MATERIALS - a) Material Furnished by. Contractor - The Contractor shall be responsible for all material furnished by him and he shall replace at his own expense all such material that is found to be defective in manufacture or that has become damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to the final acceptance of work. b) Material Furnished by the Owner The Contractor's responsibility for material furnished by the Owner shall begin at the point of delivery by the manufacturer, or Owner, and upon acceptance of the material by the Contractor. The Contractor shall examine all material furnished by the Owner at the time and place of delivery, and shall reject all defective material. c) Replacement of Damaged Material Any material furnished by the Owner that becomes damaged after acceptance by the Contractor shall be replaced by the Contractor at his own expense. G.C.-8 d) Responsibility for Safe Storage The Contractor shall be responsible for the safe storage of material furnished by or to him accepted by him and intended for the work, until it has been incorporated in the completed project. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. 14. SUBCONTRACTORS All subcontractors shall be proven qualified to the satisfaction of the Engineer, and any subcontractor unsatisfactory to the Owner or Engineer shall not be employed on the work. Subcontractors shall have no contractual relations with the Owner, and shall be considered as an employee of the Contractor by the Engineer. The Contractor shall assume complete responsibility for the acts and omissions of his subcontractors or any persons directly or indirectly employed by them. All subcontractors to be used on the project must be indicated on the bid proposal form. No other subcontractors may be used on 'the project other than those listed on the bid proposal without the written consent of the Engineer. No more than 50% of the contract may be sublet to subcontractors without the written consent of the Engineer. 15. PROSECUTION OF WORK All dealings of the Owner will work shall be started until the and all insurance certificates received by the Owner. be with the Contractor and no contract has been executed and performance bonds are The Contractor shall submit to the Engineer, at such times reasonable requested, schedules indicating the order and manner in which the Contractor intends to carry out the terms of the contract. This schedule is to include dates at which time certain parts of the work will begin and completed. If deemed necessary by the Engineer, he shall have the right to change such schedule of operation as required. The work shall be prosecuted in completion within the time set case of failure to prosecute th insure its completion within th shall have the right to require operation such additional force necessary. such manner as to insure its for it in the Contract. In e work in such a manner as to e date specified, the Engineer the Contractor to place in and equipment as is deemed G.C. - 9 16. CHARACTER OF WORK AND MATERIALS All work done shall be first class only, the best possible at the present state of the arts. Botched or slovenly work shall not be permitted. All workmen shall be experienced and qualified to perform the work assigned. Unless otherwise specified, all material used in the work shall be new; and of the designated quality or superior. 17. SUPERVISION AND CHARACTER OF WORKMEN The Contractor shall keep on his work during its progress and completion a competent superintendent and assistants as considered necessary by the Engineer for proper prosecution of the work. The superintendent shall not be changed except with the consent of the Engineer unless the superintendent proves unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor in his absence and directions given to him by the Engineer shall be as binding as given to the ' Contractor. Competent labor shall be employed on this work. The foreman directing the work shall be competent, reliable and ensure that proper facilities are available for the inspection and testing of materials and work by the Engineer or his representatives. The Engineer may demand in writing the dismissal of any employee of the contractor found to be negligent or careless in the performance of his duties. 18. PROTECTION OF PROPERTY AND RESTORATION Where the work passes over or through private property, the Owner will secure right-of-way or easement. The Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the Owner in obtaining right-of-way or ease- ment. The Contractor shall not enter upon private property for any pur- pose without having previously obtained permission from the Owner. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrub- bery, plants, lawns, fences, culverts, bridge, pavements, drive- ways, 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. G.C. - 10 The Contractor shall notify the proper representatives of any public utility, corporation, and company or individual, not less than _ forty-eight hours in advance of any work which might damage or interfere with the operation of their or his property along or adjacent to the work. The Contractor shall be responsible for all damages or injury to property of any charcter resulting from any act, omission, neglect or misconduct in the manner or method of executing the work, or due to his non -execution of the work, or at any time due to defective work or materials. He shall restore, or have restored at his own cost and expense, such property to a con- dition similar or equal to that existing before such damage or in- jury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage from injury in a manner acceptable to the Owner or the Engineer. In case of failure on the part of the Contractor to restore such property or make good such damage or injury, the Engineer may, upon forty-eight hours written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair, re- build, or otherwise restore such property as may be determined nec- essary, and the cost thereof will be deducted from any monies due to the Contractor under this contract,if not so deducted, the Con- tractor will be obligated to forthwith reimburse the Owner for the cost thereof. The Contractor shall provide at his own cost and expense all meth- ods for adequately draining the work and shall assume full respon- sibility and liability for damage to any persons or property resul- ting from such damage. No separate compensation will be paid for sub -drains, or other methods of draining, but the cost thereof shall be merged with such contract pay items as are provided in the pro- posal 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. Prior to construction, the Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas main and other private utilities as well as public utilities of the Village, City, County or State which may be underground or overhead within street and highway right-of-way or within easements and which may be interfered with under this contract. Existing underground, surface, or overhead structures are not necessarily shown on the plans, and those shown are only approximately correct and no responsibility is assumed by the Owner or the Engineer for the accuracy of location. The Contractor shall make such investigiations as are necessary to determine the extent to which existing structures may interfere with the work contemplated under this contract. The sizes, locations and G.C.-11 depths of such structures as are shown on the plans and profiles are only approximately correct and the Contractor shall satisfy himself as to the accuracy of the information given. The Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy or the omission of any of the information given on the draw-ings, relative to the surface, overhead, or underground structures or by reason of his failure to properly protect and to maintain structures. The Contractor is to exercise extreme care in crossing or working adjacent to all utilities and shall be responsible to protect and maintain their operation during the time the work is in progress. The Contractor shall restore,at:his own expense, any public struc- tures such as water mains, water connections and appurtenances, sewers, manholes, catch basins and sewer connections which are damaged or injured in any way by his acts. The Owner shall be indemnified and saved harmless from any suite or expense claim brought for or on account of any damage, main- tenance, removal and/or replacement, or relocation of mains, con- duits, pipes, poles, wires, cables or other such structures of private utility firms or corporations, whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. However, in cases where the alignment, as shown on the plans, coincides with the existing location of either an overhead or underground privately owned utility (installed and located in accordance with a permit issued by the Village or City) so that, in the opinion of the Engineer the relocation of said utility is required to complete the installation, the Owner shall provide for such relocation. 19. TRAFFIC AND UTILITY CONTROLS Construction shall be conducted in a manner to cause the least interruption to traffic. Where traffic must cross the construction, the Contractor shall provide suitable crossings at street intersections and driveways. The Contractor shall post, where directed by the Engineer, suitable signs indicating that a street is closed and necessary detour signs for the proper maintenance of traffic. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible during the construction period. No two consecutive intersections shall be impassable.at any time. G.C. - 12 20. RIGHT TO THE OWNER TO DO THE WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of the Contract, the Owner, after three days written notice to the Contractors, may, without prejudice to any other remedy the Owner may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the Contractor, provided, however, that the Engineer shall have approved both such actions and the amount charged to the Contractor. 21. RIGHT OF THE OWNER TO DECLARE CONTRACTOR IN DEFAULT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of the creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors for labor or materials or should persistently disregard laws, ordinances, or the instructions of the Engineer, or to otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon the certification of the Engineer that sufficient cause exists to justify such action, may without prejudice to any other suit or remedy and after giving the Contractor and the surety on his bond seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative eervices, such excess shall be paid to the contractor. If such expense shall exceed such unpaid balance, the contractor shall pay the difference to the owner. 22. PARTIAL DEFAULT In case the Owner shall declare the Contractor in default as to a part of the work only, the Contractor shall discontinue such part, shall continue performing the remainder of the work in strict conformity with the terms of the Contract, and shall in no way kinder or interfere with any other Contractors or persons whom the Owner may engage to complete the work as to which the Contractor was declared in default. G.C. - 13 The provisions of the clauses herein relating to declaring the Contractor in default as to the entire work shall be equally applicable to a declaration of partial default, except that the Owner shall be entitled to utilize for completion of the part of the work as to which the Contractor was declared in default only such plant, materials, equipment, tools and supplies as had been previously used by the Contractor on such part. 23. INDEMNITY The Contractor shall hold harmless from the indemnity the Owner against all claims, suits, actions, costs, counsel fees, expenses, damages, judgements or decrees by reason of any person or persons or property being damaged or injured by the Contractor or by any of his subcontractors, in any capacity during the progress of the work whether by negligence or abherwise. 24. ROYALTIES, PATENTS AND TRADEMARKS The Contract price shall, without exception, include compensation for all royalties and costs arising from patents and/or trademarks in any way included in the work. The Contractor shall defend all suits or claims of infringement and shall save the Owner harmless from loss thereof. 25. ASSIGNMENT Neither party to the contract shall assign the contract in whole or in part without the written consent of the other, nor shall the Contractor assign any monies due to him without the previous written consent of the Engineer. 26. GUARANTEE The Contractor shall hold himself responsible for any and all defects that may develop in any part of the entire work or installation furnished by him, and upon receipt of written notice from the Engineer, shall immediately replace and make good, without expense to the Owner, any faulty work or parts and damage done by reason of.the same, during a period of one (1) year from the date of final acceptance of the work or installation, except when a specific guarantee for another period is specified. G.C.-14 27. FAILURE TO REPLACE DEFECTIVE PARTS Should the Contractor fail to make good defective parts within a period of thirty (30) days of notification of such defects, the Owner, after written notice has been given the Contractor, may replace those parts charging the expense of such replacement to the Contractor. 28. SUSPENSION AND RESUMPTION OF WORK The Engineer shall have the authority to suspend the Contractor's operations, wholly or in part, for such periods of time as he may deem necessary because of unsuitable weather or other conditions which he considers unfavorable for the prosecution of the work, or because of the noncompletion of the work being done under other contracts on the same construction; for from such time as may be necessary because of failure of the Contractor to comply with the provisions of the contract. No operations which have been suspended by a "Suspension of Work Order" shall be resumed until the Engineer has issued a "Resumption of Work Order". The order to resume operations shall be issued when in the opinion of the Engineer, the conditions which justified the suspension no longer exist. This order shall be in writing and will state the reason for oc;-dering such resumption, the effective date, and the operation to be resumed. . If it should become necessary to suspend operati-ons for any indefinite period, the Contractor shall, before leaving the project, store all materials and equipment in such a manner as will not obstruct or impede the Owner. He shall take every precaution to prevent damage to or deterioration of the work performed, shall provide suitable drainage of the area, and shall erect temporary structures where necessary. 29. DELAYS AND EXTENSION OF TIME If the Contractor is delayed at any time in the progress of the work due to an act or neglect of the Owner or the Engineer or any employee of either, or by any other contractor employed by the Owner, or by changes ordered in the work by the Engineer or Owner, or other causes beyond the control of the Contractor that the Engineer deems to justify the delay, then the time of completion shall be extended for a -reasonable time period as the owner may decide and the decision of the owner is final. No such extension will be made for delay unless such request for extension is submitted by the Contractor, in writing, within seven (7) days after the period of delay. The request for time extension must include causes and dates of delay. G.C. - 15 The Contractor shall have no claims for damages against the Owner for delay in performance of the contract due to any act or omission of the Owner or any of its representatives, and his sole remedy on account thereof shall be his right to apply for an extension of time as provided herein. 30. FAILURE TO COMPLETE WORK ON TIME Should the Contractor fail to complete the work on or before the original date set forth for completion in the Contract, or on or before the corrected date as granted by extension of time for completion, the Owner may permit the Contractor to proceed, and in such case, there shall be deducted from any monies due or that may become due the Contractor the sum of $200.00 per day for each and every calendar day, exclusive of Sundays and holiday,.that the work shall remain uncompleted. Mis sum shall be considered and treated, not as a penalty, but as the cost of field and office Engineering and Inspection and Liquidated Damages. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the Owner,. or as a waiver of any of his rights under the Contract. Neither by the taking over of the work by the Owner nor by the termination of the Contract shall the Owner forfeit the right to recover liquidated damages from the Contractor or his surety for failure to complete the Contract. 31. PROTECTION AND/OR RESTORATION OF SURVEY MONUMENTS It is the responsibility of the Contractor to protect and leave undisturbed those markers or monuments set for the subdivision of land, unless those markers must be disturbed in order to execute the Contract. In this event, the Contractor will notify the Engineer prior to such dislocation in order for the Engineer to tie in the marker to make possible the relocation after construction is completed. If the Contractor shall be negligent in this matter, it shall be his responsibility to restore all monuments to their respective positions at his own expense. G.C.-16 32. DISCRIMINATION ON ACCOUNT OF RACE CREED OR COLOR PROHIBITED IN CONTRACT Every contract for or on behalf of the Owner shall be deemed to contain provisions by which the Contractor agrees: 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 reason of race, creed, or color discriminate against the person or persons who are citizens of the United States who are qualified and available to perform the work to which 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 performance of work under any contract on account of race, creed or color. c) Any violation of this section shall be a misdemeanor. d) That this Contract be cancelled 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 Contract. (Section 181.59 Minnesota Statutes). 33. SCOPE OF PAYMENT The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, equipment, royalties, fees, insurance, permits, bonds, etc., and for performing all work contemplated and embraced under the Contract, also 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, and for all risks connected with the prosecution of. the work, also for all expenses incurred by, or in consequence of, the suspension or discontinuance of said prosecution of the work as herein specified and for completing all of the work embraced in the Contract. G.C.-17 The Contractor shall under this contract price furnish and pay for all material and incidental work, furnish all accessories, and do everryything which may be necessary to carry out the contract in good faith,.which contemplates everything completed in good working order of good material with accurate workmanship. ' 34. APPLICATION FOR PAYMENTS The Contractor shall submit to the Engineer an application for each payment for verification of all quantities and claims against the Owner. Applications for payment shall be made on forms supplied by Engineer to indicate quantities claimed and, if required, receipts or other vouchers showing his payments for materials and labor. Applications for payment must be submitted for review to the Engineer by the 25th day of the month. The progress report as required under Article 37 of these General Conditions must accompany the application for payment in order for the application to be processed. 35. , PAYMENTS TO CONTRACTORS Partial payment for the work performed and materials available for incorporation in the work shall be made on a monthly estimate prepare by the Contractor and submitted for review to the Engineer by the 25th day of the month. Ten percent of all monies due shall be withheld until final completion and acceptance of the work. in addition to the percentage withheld, the Owner shall withhold any such amount as may be neccesary to remedy the following: a) Defective work uncorrected. b) Failure of Contractor to properly pay for Tabor, materials, or work of subcontract completed. c) Evidence of damage unremedied. After the completion of the project, the Engineer shall prepare a final estimate of all work performed by the Contractor based on the unit prices and lump sums of the proposal together with all added and deducted items in accordance with the Contract. The final estimate will be submitted to the Contractor for his approval, and upon such approval and recommendation of the Engineer, final payment will be paid to include any retained percentages. G.C. - 18 The Owner may require from the Contractor evidence proving that all claims against him by reason of the Contract have been paid; the Owner shall withhold a sufficient sum to cover all claims unpaid. The making of progressive payments shall not be considered in any way an acceptance by the Owner of any of the work -of installation, and the making of such payments shall not relieve the Contractor of any of the requirements of the Contract Documents. 36. PROGRESS REPORTS TO THE ENGINEER The Contractor shall prepare and submit to the Engineer, on forms provided by the Engineer, a project progress report which will provide information relating to the proper execution of the work within the time allowed by the contract. The progress report is to indicate the approximate percent completion of the various major phases of the project in which interim completion dates have been provided by the contractor on the bid proposal form. The project progress report must accompany any application for payment submitted by the Contractor and both the application for payment and the progress report must be submitted by the 25th day of the month for the processing of any claims for that month. 37. ACCEPTANCE OF WORK The Engineer will make final inspection of the entire project as soon as practicable after notification by the Contractor that such work is nearing completion. If such work is not acceptable to the Engineer at the time of his inspection, he will notify the Contractor in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of ten (10) days after such notification, the Contractor has not taken steps to speedily complete the work as directed, the Engineer may, without further notice and without in any way impairing the contract, make such other arrangements as he may deem necessary to have such work completed in a satis- factory manner. The cost of so completing such work shall be deducted from any monies due, or which may become due the Contractor on his contract. 38. PROJECT SITE. CLEANLINESS The Contractor shall make every effort to maintain the project site in a clean, orderly and workmanhsip manner. No materials or equipment shall be stored or stockpiled beyond right-of-ways provided by the Owner without prior authorization from the affected property owner. G.C. - 19 39. DUST CONTROL AND WATER USE The Contractor shall maintain excellent dust control on all disturbed surfaces of the project site. The Contractor shall make arrangements with the proper City officials for obtaining any water which may be needed, 40. EROSION CONTROL The Contractor shall provide any necessary erosion control measures for the proper prosecution of the work. 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 Contractors operations, such material or debris shall be removed and satisfactorily disposed of during progress of the work. All ditches, channels, waterways, drains, etc. shall be kept clean. G.C.-20 GENERAL SPECIAL PROVISIONS SCOPE OF PROJECT AND COMPLETION DATE This project consists of construction of an urban street section in the Barthel Manor Addition, Albertville, Minnesota. Work shall commence on June 22, 1987, and be completed by July 2, 1987. SPECIFICATIONS WHICH APPLY The Minnesota Department of Transportation "Standard Specifications for Construction", 1983 Edition, together with all supplements thereto shall govern except as superseded by the attached General Conditions or modified herein by the Special Provisions. STANDARD PLATES All reference to standard plates MHD shall mean the "Standard Plates" of the Minnesota Department of Transportation. All other reference to standard plates shall mean those attached to the plans. FOREMAN AND PRECONSTRUCTION MEETING Before work is initiated, a preconstruction meeting shall be held between the Engineer, Contractor, Utility Companies and other involved parties, if any. The Contractor will present to the Engineer an estimated schedule for completion of various portions of the project. The Contractor shall inform the Engineer who the foreman on the project will be. The Engineer will direct the foreman concerning various aspects of the project. The foreman should therefore be on the job at all times or be readily available. The foreman shall be responsible for all phases of the project including work done by the General Contractor and the subcontractor. Engineering decisions with regard to the work done by Subcontractors shall go through the General Contractor and specifically the foreman for the job. CONSTRUCTION STAKING The Contractor shall give the Engineer 48 hours notice of any grade or line stakes that he requires for proper execution of any phase of the project. The Contractor shall make every attempt to preserve these stakes until work is completed. UTILITIES The contractor should be in communication with the respective utility G.S.P. - 1 companies to coordinate their schedules with any location work that is required. TESTING Concrete used for construction of curb and gutter and cross -gutters shall be tested by concrete test cylinders. The cylinders shall be made by the Contractors in the field and it shall be his responsibility to protect the cylinders and deliver them to a testing laboratory approved by the Engineer. The cylinders shall be the standard test cylinders as specified by ASTM. The Contractor shall take three (3) cylinders for each 50 c.y. of concrete placed or for each days operation which ever is less. The cylinders shall be taken in triplicate with one cylinder tested after 7 days; one tested after 28 days and the other cylinder in the event an additional break is required after 28 days. All testing shall be at the Contractors expense with the exceptions as stated above. The Contractor shall be responsible for coordinating his schedule with the testing firm and all test results shall be documented with respect to stationing and location. Copies of all tests shall be given to the Engineer. RESTORATION All areas that are disturbed shall be restored with either turf, gravel or bituminous restoration. The following minimum requirements must be met in all cases. In areas where the following requirements restore the property to conditions below that which was originally present then the Contractor must restore the existing property to the original condition. A. Turf restoration shall consist of either 4" minimum black loam topsoil under 2" sod or 4" minimum black loam topsoil seeded with 100 lbs/ac of MHD #7 seed with fertilizer. B. Gravel restoration shall consist of 12" MHD Class 5 compacted in place. C. Bituminous restoration shall consist of 12" compacted in place MHD Class 5 gravel with a minimum 3" 2341 bituminous wearing course mat placed in 2 - 12" lifts. All bituminous areas that are disturbed must be restored with a bituminous thickness at least as thick as the original thickness. MISCELLANEOUS All subcontractors that the general will use shall be indicated on the proposal form. Any other subcontractor will not be allowed without explicit written permission by the engineer. G.S.P. - 2 The general contractor shall coordinate all work between his subs and the engineer. The engineer will not correspond directly with any subcontractor. Any on -site meetings that are held will be conducted only if the general contractors foremain is present. INCIDENTAL ITEMS Any and all additional items of work or other items that must be done to fully complete this project shall be incidental to the project. RESPONSIBILITY The general contractor shall be fully responsible for all work that is performed on this project. It is the general contractors responsi- bility to see that all specifications and testing requirements are followed. G.S.P. - 3 SPECIAL PROVISIONS EXISTING CLASS 5 AGGREGATE BASE The Contractor (subcontractor) responsible for the concrete curb and gutter shall prepare the edge of the existing class 5 street for the curb and gutter. The class 5 not needed on the edge of street shall be spread to the center of street. When all concrete work is completed, the bituminous contractor shall shape the remaining class 5 street to determine if any additional class is required. If there is excess class within street, this material shall be placed behind the curb and gutter for driveways. COMPACTION AROUND MANHOLES, GATE VALVES, AND CATCH BASINS The contractor shall compact the subbase and aggregate base around manholes, gate valves and catch basins with mechanical hand tampers. The edges of these structures and that of the curb and gutter shall be clear of any excess gravel to provide the proper depth for the bituminous material. The edge of the curb and gutter shall receive an application of bituminous tack material and the Contractor shall use caution not to splatter the tack material on the gutter or face of the curb and gutter. Any splattered tack material shall be cleaned off the gutters and face. BITUMINOUS ADJACENT TO GUTTER The bituminous wear course at the edge of the gutter shall be 1/4" above the gutter following compaction of the mat. PROJECT SITE CLEANLINESS The Contractor shall make every effort to maintain the project site in a clean, orderly, and workmanship manner. No materials shall be stored or stockpiled beyond street right-of-ways without prior authorization from the effected property owner. CONNECTING TO EXISTING BITUMINOUS SURFACE New bituminous surface shall butt into existing bituminous surface with a clean, straight cut joint, liberally tacked with a bituminous material. BITUMINOUS BASE AND WEARING COURSE The binder course shall have a 120-150 penetration with an oil content of 4.0% to 4.7% and the wearing .course shall have a 120- 150 penetration with an oil content of 5.7% to 6.5% by weight. S.P. 1 GATE VALVE AND MANHOLE ADJUSTMENTS All ggate valves and manholes on this project shall be adjusted by 3/4" inch below finished grade. This shall be attained by placing a 3/4" inch plywood plate over them prior to rolling the bituminous wear course. CATCH BASIN ADJUSTMENTS The concrete contractor shall check to see if fits the curb and gutter. If the catch fit, then the contractor shall turn cone This is the adjustment that is to be paid is incidental. BACKFILL the catch basin alignment basin alignment doesn't section until it fits. Adjustment with rings All curb and gutter must be backfilled before any blacktop is applied to the street. The backfill material shall be compacted in place to a density equal with the, adjacent soil. Backfilling is incidental and should be the responsibility of the concrete contractor. Existing material on site shall be used. BITUMINOUS TACK COAT Prior to the application of any bituminous wearing course mixture, the base course shall receive a bituminous tack coat in accordance with MHD Spec. 2357. The bituminous coat shall be applied at a rate of .05 gallons per square yard. The cost of the tack shall be included in the wear course unit price. S.P. 2