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1991-10-08 Specs 1991-3 Improvement Project.Specifications for 1991-3 IMPROVEMENT PROJECT F®r Albertville, Minnes®ta MEYER-ROHLIN, lNC. ENGWEERS-LANG SURVEYt7i?S 11T1 Nw~! 251 Bullelo. Mim55313 Phone 612.682-1781 October 8, 1991 E-9001 0 SPECIFICATIONS FOR 1991-3 IMPROVEMENT PROJECT FOR ALBERTVILLE, MINNESOTA MEYER-ROHLIN, INC. ENGINEERS AND LAND SURVEYORS 1111 HIGHWAY 25 NORTH BUFFALO, MINNESOTA 55313 October 8, 1991 E-9001-0 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 Professi.~nal Engineer under the laws of the ~~` State of Minnesota. Thor~L~/. Meyer Heg. No. 6218 i~ II II II ADVERTISEMENT FOR BIDS 1991-3 Improvement Project Notice is hereby given that sealed bids will be received by the City Council of the city of Albertville, Minnesota, in the City Hall, until 10:00 A.M., Friday, October 25, 1991, at which time and place the bids will be opened for the construction of the following: Storm water detention pond consisting of approximately 12,500 c.y. of excavation and other related items of work. Plans, specifications and proposal forms as prepared by Meyer-Roblin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota, 55313, may be seen at the__.Office of the Engineer, and the Office of the City Administrator. Each bid shall be accompanied by a bidder's bond, certified check or cashier's check in an amount equal to at least Five (5%) percent of the amount of the bid which shall be forfeited ' to the City in the event that successful bidder fails to enter into a contract within the specified time. The City Council reserves the right to reject any or all bids and to waive any irregularities in the bidding, and further reserves the right to award the contract to the best interests of the City. All bids must be submitted on the proposal form furnished by the Engineer. Bids shall be directed to the City of Albertville, securely sealed and marked on the outside as 1991-3 Improvement Project for Albertville, Minnesota. ' Plans, specifications and proposal forms may be obtained from the Office of the Engineer upon deposit of Twenty-five ($25.00) Dollars for each set. This deposit will not be refunded. CITY OF ALBERTVILLE BY: _ Linda Houghton, Cler 1 page 1 INSTRUCTIONS TO BIDDERS u In order for proposals to be entitled to consideration, they 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 corpora- tion.. 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. B. QUALIFICATION OF BIDDERS The Owner may request that the bidder 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 statements, or any other pertinent information. C. PREPARATION OF PROPOSAL The bidder shall submit his proposal on the forms provided by the Engineer. The blank spaces on 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's proposal shall be signed correctly in ink. The signature acknowleges that the bidder is providing the informa- tion required and has received all Addenda to the Specifica- tions. D. SUBCONTRACTORS The names and addresses of all subcontractors that the bidder intends to employ on the project shall be listed in the spaces provided on the proposal form. No other subcontractors shall be used on the project without the written approval of the Engineer. page 2 E. BID SECURITY Each bid. shall be accompanied by a certified check, cashier's check, or bidders bond in the amount of five (5%) percent of the bid, as a guarantee that the bidder will enter into the proposed contract within the time specified. Should the bidder whose proposal 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 ( 5%) percent of bid security shall be the amount of the liquidated damages occasioned by such refusal, failure, 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 contract or the rejection of bids. F. PLANS AND SPECIFICATIONS Copies of proposal forms, plans and specifications for -use by contractors submitting a bid may be obtained from the Engineer on deposit of the sum of Twenty-five Dollars ($25.00). This deposit will not be refundable. -- G. EXAMINATION OF SITE AND__DOCUMENT.S 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 ground water, availability of drainage, obstacles which may be encountered, means of approach to the site, and the manner of delivery and handling of materials. 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 arising from the encountering of unforeseen difficulties except as the same are expressly provided for in 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 an 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 copy of such an addendum. page 3 All addenda issued to bidders prior to the 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. 0 ~l H. ADHERENCE TO SPECIFICATIONS All work shall be done in strict accordance with the specifica- tions and plans and such addenda as may be issued from time to time by the Engineer. Bidders shall be held strictly to the intent 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. K. INTERPRETATION OF ESTIMATES Bidders shall examine to their satisfaction the quantities of work to be done, as determined from the plans and specifica- tions. The Engineer's estimate of quantities as shown on 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. Bidders must rely on their own calculations and shall be thoroughly familiar with the contract documents. 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 stipulated in the Request 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. The Engineer will not deliver bids to the place of the bid opening. page 4 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 any 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 contracts satisfactorily, or his necessary for the satisfactory deemed sufficient cause for his bidder to carry out previous lack of experience or equipment completion of the work, may be disqualification. page 5 PROPOSAL FORM FOR 1991-3 IMPROVEMENT PROJECT FOR ALBERTVILLE, MINNESOTA Bids due on or before 10:00 A.M., October 25, 1991 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 The undersigned as bidder, hereby proposes, and, if this proposal is accepted, agrees to furnish a bond as required and to enter into a contract with the City of Albertville, Minnesota, to furnish all materials, labor, skill, tools and equipment for the complete excavation of storm water detention pond, including all accessories as called for by the specifications herewith as prepared by Meyer-Roblin, 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. Excavation, berms, culverts, topsoil, seed & mulch lump sum Subcontractors to be used in the work: Name Name Total Price Address Address page 6 A certified check, bid bond or cashier's check in the amount of Dollars ($ ), drawn to the order of the City Treasurer, city of Albertville, Minnesota, is attached hereto, with the understanding that if this proposal is accepted and the undersigned refuse, fail or neglect to execute a contract and furnish said bond within ten days of the date of acceptance of this proposal, it is understood and agreed between the city of Albertville, Minnesota and that Dollars ($ ), same being the amount of bid security above mentioned, shall be the liquidated damages occasioned by such failure, refusal, or neglect and that thereupon, said City Treasurer may realize on said bid security and use the proceeds in payment of said damages, and the City award such bid to the next lowest responsible bidder; and upon further understanding that said bid security will be promptly returned upon the rejection of this proposal or the signing of a contract and furnishing of the bond. II II II II If this proposal is accepted, the bidder agrees to commence workJarid to complete all work according to the schedule in the special provisions. This proposal is submitted after careful study of the plans and specifications 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 sources of information and not from any official or employee of the City. The undersigned does declare 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 capacity for the City 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. It is understood and agreed that this proposal cannot be withdrawn within thirty (30) days after the opening of bids without the consent of the City and that the City has the right to accept the lowest responsible bidder or reject any or all proposals. ADDENDUM RECEIPT The receipt of the following Addenda to the Specifications is acknowledged. Addendum No. Date Addendum No. Date page 7 i~ n C L ii i~ i~ LI r i~ D i~ i~ n II II II CONTRACT AGREEMENT E-9001-0 THIS AGREEMENT, made and entered into as of the day of 1991, by and between herein- after called the Contractor, and the City of Albertville, Minnesota, hereinafter called the Owner. WITNESSETH: That the Contractor and the Owner for the considerations hereinafter agree as follows: ARTICLE 1 SCOPE OF WORK The Contractor shall furnish all of the material and perform all of the work shown on the plans and drawings as described in the specifications entitled, 1991-3 IMPROVEMENT PROJECT, ALBERTVILLE, MINNESOTA as prepared by Meyer-Roblin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota, acting as and in these contract documents entitled "Engineer". ARTICLE 2 COMPLETION OF WORK The Contractor shall complete the work as specified within the specifications. ARTICLE 3 THE CONTRACT SUM The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the unit prices bid and based upon the estimated quantities for the combined estimated sum as set forth in the accepted Contractors Proposal on file with the Owner, to be DOLLARS ($ ). ARTICLE 4 CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: 1) The Accepted Proposal 2) Request for Bids page 9 3) Instructions to Bidders 4) General Conditions 5) General Special Provisions 6) Pond Construction Specifications 7) Drawings E-9001-0 (1 sheets) This Instrument, together with the documents above mentioned, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. ARTICLE 5 PAYMENTS The Contractor shall submit monthly requests for payment to the Engineer, as per specifications, including lien waivers, requesting payment for all materials, and labor expended fo-r the payment period. The Owner will retain five (5%) percent of the amount of the payment until full completion of the Contract. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in three counterparts as of the day and year first above written. BY CITY OF ALBERTVILLE, MN BY Mayor BY Clerk page 10 GENERAL CONDITIONS TABLE OF CONTENTS ARTICLE PAGE 1. In General 1 2. Definitions 1 3. Execution, Correlation, and Intent of Documents 2 4. Drawings and Specifications 2 5. Performance Bond 3 6. Insurance 3 7. Permits, Regulations and Licenses 5 8. Engineer's Status -- = ._ 5 9. Quantity Revisions and Deletions 5 10. Changes and Extra Work 6 11. Inspection and .Testing 6 12. Disposition of Defective Material 7 13. Contractor's Responsibility for Materials 7 14. Subcontractors 7 15. Prosecution of Work 8 16. Character of Work and Materials 8 17. Supervision and Character of Workmen 8 18. Protection of Property and Restoration 9 19. Traffic and Utility Controls 10 20. Right of the Owner to do the Work 11 21. Right of the Owner to Declare Contractor in Default 11 22. Partial Default 11 23. Indemnity 12 24. Royalties, Patents and Trademarks 12 i~ i~ i~ i~ i~ GENERAL CONDITIONS 1. IN GENERAL The standard form of the American Institute of Architects, entitled "The General Conditions of the Contract", and containing Articles 1 to 14 inclusive, is a part of these specifications, 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 part 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. Unfamiliarity with the terms of these General Conditions of the Contract will does 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 purpose 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 city-of~Albertville, -MN acting personally or through its authorized representative. ENGINEER - refers to Meyer-Roblin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, 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. u WORK - includes labor and/or materials, equipment, transportation, or other facilities necessary to complete the Contract. SPECIFICATION - refers to the directions, provision, 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. I! General Conditions, Page 1 f 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, properly 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. PERFORMANCE 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 INTENT 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 intentions of the documents is to include all labor, tools, materials or 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 contract documents, it shall be construed to mean "or equal" in the opinion of the Engineer. 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. General Conditions, Page 2 i~ n i~ n 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. u 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 precedence over the drawings. Figure dimensions shall be followed in preference to scaled dimensions, and large scale drawings. In any case, it shall be the Contractor's responsibility to have omissions or discrepancies 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 II 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, tools, material, equipment, and supplies for the work. 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 workmanship of the work. This bond shall make the Contractor's sureties reponsible for the satisfaction of the work against faulty workmanship or defective materials. Final acceptance of the work shall not relieve the sureties of responsibilites 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. General Conditions, Page 3 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 of his 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 Insurance shall be as follows: Public Liability Insurance shall not be less the 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. 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. _ A11 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. General Conditions, Page 4 i~ i~ II II i~ 7. PERMITS, REGULATIONS AND LICENCES The Contractor shall obtain at his own expense all permits and licenses necessary for the prosecution of the work where 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 and 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, laws, and ordinances are deemed to be a part of these specifications and the Contractor will be bound by provisions thereof. 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__~odes, regulations, laws or ordinances, the Contractor shall -- -_ so notify the Engineer for proper revisions and alterations. 8. ENGINEER'S STATUS The Engineer shall have 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 contract, 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 fulfillment to the extent of 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. General Conditions, Page 5 1 The Owner through the Engineer reserves the right to terminate 'the Contract as it applies to the item or items in question and to make such arrangements as he may deem necessary to complete such item or items of work. No allowance for anticipated profits will be made. 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 advice which the inspector may give the Contractor shall be construed as binding upon the Owner nor will such advice 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 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 and 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. General Conditions, Page 6 IJ 1 1 fl D 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 REPONSIBILITY 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 the material furnished by the Owner shall begin at the point of delivery by the manufacturer, or Owner, and upon acceptance of material by the Contractor. The Contractor shall examine all material funished 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. d) Responsibility for Safe Storage The Contractor shall be reponsible 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. General Conditions, Page 7 ,~ 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 50g 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 be with the Contractor and no work shall be started until the contract has been executed and all insurance certificates and performance bonds are received by the Owner. The Contractor shall submit to the Engineer, at such times reasonably 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 be 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 such a manner as to insure its completion within the date specified, and the Engineer shall have the right to require the Contractor to place in operation such additional force and equipment as is deemed necessary. 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 materials used in the work shall be new, and of the designated quality or superior. 17 SUPERVISION OF CHARACTER OF WORKMEN . The Contractor shall keep on his work during its progress and canpletion 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. General Conditions, Page 8 r Competent labor shall be employed on this work. The foreman directing the work shall be c~npetent, reliable and ensure that proper facilities are available for the inspection and testing of materials and work by the Engineer or his representative. The Engineer may demand in writing the dismissal of any employees 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 easement. The Contractor shall not enter upon private property for any purpose 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, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all overhead lines or appurtenances thereof; and all other public or. private property along or adjacent to the work. 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 reponsible for all damages or injury to property of any character 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 condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage frccn 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 as may be determined necessary, and the cost thereof will be deducted from any monies due to the Contractor under this contract, if not so deducted, the Contractor will be obligated to forthwith reimburse the Owner for the cost thereof. The Contractor shall provide at his own cost and expense all methods for adequately draining the work and shall assume full responsibility and liability for damage to any persons or property resulting 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 proposal and contract. No tress 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. ' General Conditions, Page 9 D 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 reponsibility is assumed by the Owner or the Engineer for the accuracy of location. The Contractor shall make such investigations as are necessary to determine the extent to which existing structures may interfere with the work contemplated under this contract. The sizes, locations, and 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 drawings, 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 caorking 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 structures such as watermains, 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 idemnified and saved harmless from any suit or expense claim brought for or on account of any damage, maintenance, r ~noval and/or replacement, or relocation of mains, conduits, 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 undergound 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 unohstructed and accessible during the construction period. No two consecutive intersections shall be impassable at any time. General Conditions, Page 10 i u 1 t u ' 20. RIGHT OF THE OWNER TD DO THE WORK n n J ~J 1 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 Contractor, may, without prejudice to any other remedy the Owner may have, make good such deficiences 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 as 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 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 services, 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 work only, the Contractor shall performing the remainder of the work Contract, and shall in no way hinder persons whom the Owner may engage Contractor was declared in default. Contractor in default as to a part of the discontinue such part, shall continue in strict conformity with the terms of the or interfere with any other Contractors or to complete the work as to which the 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 previouly used by the Contractor on such part. General Conditions, Page 11 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 otherwise. 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 caritten 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 accepance of the work or installation, except when a specific guarantee for another period is specified. ~27. FAILURE TO REPLACE DEFECTIVE PARTS Should the Contractor fail to make good defective parts within a period of thiry (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 period 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; or from such time as may be necessary because of failure of the Contractor to comply with the provision of the contract. General Conditions, Page 12 1 u 1 ~1 1 ri No operations which have been suspended by a "Suspension of Worlc 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 ordering such resumption, the effective date, and the operation to be resumed. If it should become necessary to suspend operations 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 the 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. 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 holidays, that the work shall remain uncompleted. This sum shall be considered and treated, not as a penalty, but as the cost of field and office Engineering and Inspections 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 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. General Conditions, Page 13 31. PROTECTION AND/OR RESTORATION OF SURVERY MONUMENTS It is the reponsibility 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 for relocation after construction is completed. If the Contractor shall be negligent in this ' matter, it shall be his reponsibility to restore all monuments to their respective positions at his own expense. 32. DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED BY 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 Statues). ' 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. General Conditions, Page 14 The Contractor shalt and incidental work, necessary to carry everything completed workmanship. under his contract price furnish and pay for all material furnish all accessories, and do everything which may be out the contract in good faith, which contemplates in good working order, of good material with accurate 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 fo nns supplied by the 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 prepared by the Contractor and submitted for review to the Engineer by the .25th day of the month. Fi~,e 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 necessary to remedy the following: a) Defective work uncorrected. b) Failure of Contractor to properly pay for labor, materials, or work of subcontract completed. c) Evidence of damage unremedied Af ter 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 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. 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 withold 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. General Conditions, Page 15 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 f 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 at 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 satisfactory 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. PRQ7ECT SITE CLEANLINESS _, The Contractor shall make every effort to maintain the project site in a clean, ~ orderly and workmanship manner. No materials or equipment shall be stored or stockpiled .beyond the right-of-ways provided by the Owner without prior authorization from the affected property owner. 39. DUST CONTROL AND WATER USE The Contractor shall maintain excellent dust control on all distrubed surfaces of the project site. The Contractor shall make arrangements with the proper City officials for obtaining any water which may be needed. , General Conditions, Page 16 ' GENERAL SPECIAL PROVISIONS E-9 001-0 1991-3 Improvement Project PROJECT ' The project consists of pond excavation, construction of berms, installation of culverts, topsoil, seed and mulch in Albertville, Minnesota, per the attached plans. ' The entire project shall be completed by November 30, 1991. ' 1. 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 foreman shall be on the job at all times. The foreman shall be responsible for all phases of the project, ' including work done by the General Contractor and the subcon- tractor. Engineering decisions with regard to the work done by subcontractors shall go through the General Contractor and specifically the foreman for the job. 2. CONSTRUCTION STAKING The Contractor shall give the Engineer at least two (2) working days notice for any grade and line stakes or inspection that he requires for proper execution of any phase of the project. The Contractor shall preserve these stakes until the work is completed. 3. UTILITIES The Contractor shall be in communication with the respective ' utility companies to coordinate their schedule with any location work that is required. 4. CONTRACTOR-ENGINEER-INSPECTOR RELATIONSHIP The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. All phases of the project shall proceed in accordance with OSHA safety requirements. The presence of the .Engineer or his agents or employees on the job-site shall not relinquish the Contractor of this responsibility or hold the Contractor harmless i for the quality of workmanship or defects in materials. t ' G.S.P. 1 II II II I I I I 5. SUBCONTRACTORS All subcontractors that the General will use shall be shown on the proposal form. Any other subcontractor will not be allowed without explicit written permission by the Engineer. 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 Contractor's foreman is present. 6. 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 bid items as bid. 7. RESPONSIBILITY The General Contractor shall be fully responsible for all work that i,s performed on this project. It is the General Contractor's responsibility to see that all specifications and testing requirements are followed. 8. SUBSURFACE EXPLORATION No soil borings have been taken on this project. The Contractor shall therefore conduct a thorough subsurface exploration to determine the site's condition. 9. SPECIFICATIONS WHICH APPLY The Minnesota Department of Transportation "Standard Specifica- tions for Construction", 1988 Edition, together with all supplements thereto, shall govern except as superceeded by the attached General Conditions or modified herein by the Special Provisions and attached specifications. 10. PERFORMANCE BOND The performance bond requirements of Section 5 of the General Conditions is hereby amended to call for a two (2) year guarantee period after completion and acceptance of the work. All other requirements of this section shall remain in effect. G.S.P. 2 POND CONSTRUCTION SPECIFICATIONS 1.0 SCOPE The location of this work is as shown on the plans. The Contractor shall, unless specified otherwise, furnish all materials, equipment, tools and labor to do the work required under this contract in strict conformance with the plans and specifications prepared for the purpose by Meyer-Rohlin, Inc.,. Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota. The work shall include, but not be limited to, the excavation of the ponds, spreading and compacting the berms, installation of the culverts, placement of topsoil, seed, and mulch, and all necessary backfilling, surface restoration and cleanup as specified. 2.0 GRADING The work' covered in this specification shall consist of the cutting and/or filling of the ponds to provide the required cross-section shown on the drawings. The work covered by this section will be done in accordance with Sections 2105 and 2112 of Minnesota Department of Transportation Specifications for Highway Construction, 1988 Edition, except as modified hereafter. Subgrade The subgrade shall be brought to the prescribed cross-section and grade by the necessary excavation and fill by using acceptable existing materials. In the event of poor sub-grade material, the Engineer shall be notified immediately so a determination can be made as to the correct procedure to follow. Excavation and Embankment (2105) All operations shall be done in accordance with MnDOT Specifica- tion #2105. All compaction will be done by the "Specified Density Method". When common borrow material cannot be obtained by the Contractor on the site, the Engineer may direct the Contractor to use borrow material from nearby for berm construction. Excess material from the project shall be used on the berms as directed by the Engineer. 3.0 CORREGATED STEEL PIPE AND FITTINGS Corrugated steel pipe and fittings shall conform to the require- ments of MnDOT Specification 3226 (Corrugated Steel Pipe) for the type, size and sheet thickness specified, subject to the following supplementary provision: ' pond 1 The galvanized steel pipe and fittings shall be furnished with special aramid fiber bonded, bituminous,, or plastic coating. 4.0 CLEANUP When the work has been completed, the Contractor shall remove from the site all extra material, equipment, debris and other supplies. The site shall be cleaned up as is necessary to leave all property in substantially the same condition as it was before the. project. 5.0 SEEDING and BLACKDIRT Provisions of MnDOT Specification #3876 shall govern for seed. Seeding work shall conform to MnDOT Specification #2575. Topsoil shall be on site black dirt acceptable to the Engineer and shall be spread to a thickness of 4 inches prior to seeding. The seed shall be MHD mixture number 500 and shall be applied at the rate of 100 pounds per acre. All areas seeded shall be mulched per MnDOT Specifications, using Type I mulch and disc anchoring Payment for seeding shall be included in the lump sum bid and shall include the seed, mulch and all equipment and labor necessary to the proper installation of the seed. 6.0 INSPECTION AND TESTING All phases of the work shall be open to the Engineer or his representative and the Contractor shall allow the use of such facilities as are necessary to properly inspect the work. pond 2