1b. Approve Plans and Specs for 1996 Street Sealcoating ProgramI
FROM:
DATE:
SUBJ:
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CITY OF 16
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 ; oion ty city Adm m ishatar
Don Ashworth, City Manager
Charles Folch, Director of Public Works
June 4, 1996
Endors ✓ P4jA
ModifiF i
RejectP�
Dat L — _S -tM
Date submitted to Commf aW
Date Submitted to Council
to -q 16
Approve Plans & Specifications for the 1996 Street Sealcoating Program; Authorized
Advertisement for Bids - Project N6.96-11
Attached you will find a copy of the advertisement for
of the specifications for the 1996 Street Sealcoating Pr
streets effected by this year's program. In an effort t
the City's Street Maintenance Department will once
cracksealing work. This will maximize the dollars
the bid contract
proposal form, and special provisions sections
i. A location map is also included showing the
,h the dollars available for this year's program,
performing the preparatory patching and
perform the sealcoating operations under
The approved 1996 Ci Jaa allocated $1 for the 1 Street Repair and Sealcoat Program. You
may recall that approx70,000 of titi gram is w d to the overlaying of Park Road, Park
Drive. and Park Court to be co under the Powe oulevard Project No. 93 -29 contract.
This leaves a remainint of app ately $70,000 from City budget plus $16,000 in M.S.A.
annual maintenance dorrdu sealcoat program. The t for the 1996 Street Sealcoat
Program is estimated x' ly $84,000 which is within remaining budget. Should the bids
come in hirer then the ounts, the specifications do prov for the City to add or delete work
items from the contrastay within the budgetary limitations.
Jms
Attachment: I. Location maps.
2. 1996 Street Sealcoat Specifications.
c: Dave Hempel, Assistant City Engineer
Mike Wegler, Street Superintendent
Bill Bement, Engineering Technician 11
MEMORANDUM
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Hill
will
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CITY OF CHANHASSEN
1996 STREET REPAIR PROGRAM
PROJECT NO. 96-11
SPECIFICATIONS AND BID PROPOSAL
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 State of
Minnesota.
Charles D. Folch, Reg. No. 21474
Date. !r-241440
TABLE OF CONTENTS
Advertisementfor Bids ............................................................................................. ..............................1
Pro p o sa l ............................................................................................................... ............................... 2 -4
General Requirements /Special Provisions .......................................................... ............................... 5 -14
Form of Contract ....... ...............................
............................................. ............................... 15 -17
Location Maps
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' CITY OF CHANHASSEN
ADVERTISEMENT FOR BIDS
' 1996 Street Repair Program
Project No. 96 -11
Notice is hereby given that the Chanhassen City Council will receive sealed proposals for its 1996
' Street Repair Program as detailed in the specifications dated April 13, 1996 at the office of the City
Engineer until 2:00 PM, June 24, 1996, when they will be publicly opened at City Hall, 690 Coulter
Drive, Chanhassen, Minnesota, 55317.
The work includes sealcoating and appurtenances consisting of 23,450 gallons of CRS -2 and 11,600
gallons of CRS -2M (Latex Additive) bituminous material, 79,650 square yards of FA -2 and 50,400
' square yards of FA -3 cover aggregate. Also included will be the installation of pavement markings as
shown on Detail Pages 1 through 8 of the specification
' All proposals shall be addressed to:
Charles Folch, City Engineer
' City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
' All proposals shall be securely sealed and shall be endorsed on the envelope with the statement
"PROPOSAL FOR 1996 STREET REPAIR PROGRAM" and shall be on the Proposal Form included
in the plans and specifications. All bids shall be accompanied by a certified check, cashiers check or bid
bond in the amount of five (5) percent of the total bid price made payable to the City of Chanhassen.
Specifications for the above - mentioned work are on file in the office of the City Engineer, Chanhassen,
Minnesota, where copies for bidders may also be obtained. The City 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 in the best interest of the City. No bids may be withdrawn within thirty (30) days from the
date bids are opened.
Published in the Construction Bulletin on June 14 & 21, 1996.
Published in the Chanhassen Villager on June 13, 1996.
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PROPOSAL
1996 STREET REPAIR PROGRAM
PROJECT NO. 96-11
CITY OF CHANHASSEN, MINNESOTA
Honorable Mayor and City Council Members
City of Chanhassen
Chanhassen, Minnesota 55317
Gentlemen:
The undersigned, being familiar with the local conditions affecting the cost of the work and with these
contract documents dated April 13, 1996 on file in the office of the City Engineer of the City of
Chanhassen, Minnesota, does hereby propose to famish all labor, material, skills and equipment
necessary to repair /sealcoat designated city streets according to the following schedule of approximate
quantities and respective unit prices.
Schedule A:
L MnDOT 2356.505 CRS -2 Bituminous Material for Sealcoat
23,450 Gallons @ $ _ $
2. MnDOT 2356.505 CRS -2M (Latex Additive) Bituminous Material for Sealcoat
11,600 Gallons @ $ _ $
3. MnDOT 2356.507 FA -2 Aggregate (Pea Rock)
79,650 square yards @ $ _ $
4. MnDOT 2356.507 FA -3 3/8" Class A Grey Granite Chip Aggregate
50,400 square yards @ $ _ $
5. MnDOT 0564.602 Painted Pavement Markings (white)
Left Arrow: 24 Each @
Left Arrow[fluough: 2 Each @
Right Arrow: 9 Each @
$ _$
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Right Arrowfll rough: 2 Each @
Only. 18 Each @
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6. MnDOT 0564.603 Painted Pavement Markings
'
4" Solid White Line
16,000 L.F. @
'
4" Solid Skip White Line
1,235 L.F. @
'
4" Double Yellow Line
6,300 L.F. @
'
18" Stop White Line
400 L.F. @
6' White Crosswalk
1,350 L.F. @
'
24" Cross -Hatch Yellow Complete
4 Each @
Railroad Crossing Message Complete
2 Each @
'
TOTAL BID
$®
' The undersigned bidder also agrees to furnish the required bond and enter into the contract with the
' City within ten (10) days after the City's acceptance of this Proposal or any section or sections thereof,
and further agrees to complete the entire work covered in the contract award by July 31,19%, except
as noted in the specifications and subject to the provisions of the contract documents.
Enclosed is the required Proposal guarantee in the amount of 5 %, which the undersigned bidder agrees
to be forfeited and become the property of the City of Chanhassen as liquidated damages should this
' Proposal be accepted and a contract be awarded to him and he fails to enter into a contract within ten
(10) days, but otherwise the aforesaid Proposal guarantee will be returned upon his signing the contract
and delivering the approved bond.
In submitting this bid, it is understood that the right is reserved by the City to reject any and all bids,
waive the informalities in any bid, and award the work in the best interest of the city. it is further
' understood that this bid may not be withdrawn for a period of thirty (30) days after the scheduled time-
for the receipt of bids.
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Contract payments shall be based on actual quantities placed at unit prices bid. The City Engineer
reserves the right to add or delete work items and/or bid quantities from this contract as may be
necessary to accommodate budget limitations. Contractor shall be advised that MnDOT 1903
Compensation for Increased or Decreased quantities will not apply to this contract. No adjustments to
the unit prices named in the proposal will be allowed for changes in actual quantities.
All addenda shall become a part of the bid. We hereby acknowledge Addenda Nos. ,
and
We have examined the site of the work and are familiar with all conditions affecting the work.
Where there is a discrepancy between the unit price and the total item cost, the unit price shall dictate.
If this proposal is accepted, we will execute a contract in the form specified and will furnish a
performance bond in the amount of the contract within ten days of City Council acceptance of project.
Respectfully Submitted,
Finn Name:
Address:
Telephone:
By.
Its:
Signed:
Is
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' 1996 STREET REPAIR SPECIFICATIONS
GENERAL REQUIREMENTS AND SPECIFIC PROVISIONS
The project shall be constructed in accordance with the current Minnesota Department of
Transportation Standard Specifications, except as modified or altered below.
Proiect Description
' The project will consist of constructing bituminous sealcoats on city streets with MnDOT FA -2 (pea
rock) and FA -3 (3/8" Class A grey granite chips) and CRS -2 and CRS -2M (Latex Additive)
' bituminous material at application rates shown on Pages 9 and 10 of these specifications and as
designated in the following list below.
' The project shall also include the street preparation work of sweeping clean the street surface, the
cleaning of foreign material, and pick -up aggregate sweeping following the sealcoat operations.
' The following is a compilation of streets for the 1996 Street Repair Program. MnDOT 1903
Compensation for Increased or Decreased Quantities will not apply to this contract. The engineer shall
have the right to add or delete pavement areas without changes in the unit prices named in the
' proposal
CRS -2M (Latex Additive Bituminous Material)
' The bituminous material shall conform to MnDOT's specification 3151 except as modified with a 3%
latex additive. The additive shall be incorporated during the milling process and not post added to the
finished emulsion. This modified CRS -2 material shall conform to AASHTO testing for clostic
recovery. The CRS -2M material is scheduled for use and is primarily intended so the pick -up sweep
can be accomplished the following morning. The streets as listed below shall be sealed using the CRS -
2M and FA -3 grey granite chips:
' 1. West 78th Street from Powers Boulevard to Kerber Boulevard.
2. West 78th Street from Laredo Drive to Great Plains Boulevard (westbound lane).
3. Great Plains Boulevard from Trunk Highway 5 north to railroad tracks.
' 4. Market Boulevard from Trunk Highway 5 north to railroad tracks.
5. Charing Bend.
6. The east end of Lake Lucy Road to a point where the CRS -2M material has been completely
' used
All areas will be marked in the field by the engineer.
' (NOTE: Pick -up sweep in the above - listed areas to be the following morning prior to sunrise.)
Starting on Great Plains Boulevard, followed by Market Boulevard followed by West 78th Street. It is
intended to pick up the aggregate as soon as possible to keep chips away from Highway 5. It is most
' important these areas are swept clean so as to keep flying chips down to a minimum. A second pick up
sweeping may be needed upon request from the engineer.
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Pronosed streets to be sealcoated with MnDOT FA -2 are as follows:
Erie Avenue from West 78th Street to cul -de -sac.
Frontier Trail from West 78th Street to Bighorn Drive.
Frontier Court from Frontier Trail to cul -de -sac.
West 77th Street from Great Plains Boulevard to deadend.
Chanview from Frontier Trail to deadend.
Lake Lucy Lane from Lake Lucy Road to Wood Duck Lane.
Steller Court from Lake Lucy Road to cul -de -sac.
Indian Hill Road from Valhalla Avenue to deadend.
Valhalla Avenue from Pleasantview Road to Indian Hill Road.
Peaceful Lane from Pleasantview Road to deadend.
Pleasantview Cove from Pleasantview Lane to cul -de -sac.
Willow Creek from Powers Boulevard to deadend.
Holly Lane from Powers Boulevard to deadend.
Devonshire Drive from Lake Lucy Road to Powers Boulevard.
Welsley Court from Devonshire Drive to cul -de -sac.
Stratton Court from Deveonshire Drive to cul -de -sac.
Bretton Way from Devonshire Drive to Teton Lane.
Ashton Court from Teton Lane to cul -de -sac.
Teton Lane from Lilac Lane to cul -de -sac.
Ithilien Lane from Teton Lane to cul -de -sac.
Nez Perce from Carver Beach Road to deadend.
Troendle Circle from Nex Perce to cul -de -sac.
Vineland Court from Nez Perce to cul -de -sac.
Site Investigation
The Contractor acknowledges that he has satisfied himself as to the nature and location of the work
and the general and local conditions of the various sites as well as the character of the equipment
required during and after prosecution of the work. Any failure by the Contractor to acquaint himself
with the available information will not relieve him from the responsibility for estimating properly the
difficulty or cost of successfully performing the work.
Time Schedule
The contractor shall indicate the completion date in the appropriate specs provided on the proposal
form The completion date may be taken into account in making the award of this contract, but in no
case shall the completion date be later than July 31, 1996.
Failure to comply with the above - mentioned completion date shall result in the deduction of liquidated
damages as set forth in Section 1807 of the MnDOT "Standard Specifications for Construction ".
Restrictions
Sealcoating operations shall be conducted:
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' I., Only during daylight hours between 7:00 AM and 6:00 PM and not on weekends or holidays.
2. When the pavement and air temperature are 70 ° F or higher;
3. When the relative humidity is less than 75 percent; and
' 4 When the road surface is dry and clean.
The sealcoatmg operation shall not start and/or will be suspended when any one of the above
conditions cannot be met.
Traffic rerouting when necessary shall be the responsibility of the Contractor and shall include flagmen,
' barricades, warning signs and/or traffic cones to adequately protect the work zone in accordance with
the MnDOT short-term work zone safety manual. "Loose Rock" signs shall be posted and remain in
place until the pick -up sweeping has been completed. Signs are to be posted on all streets which enter
' areas or subdivision which have been sealcoated. Signs are to be posted at each end and at major
intersecting streets sealcoated with the FA -3 aggregate. Approximately 25 signs will be needed. This
work shall be considered incidental to the project.
' Sealcoat Notification
I In order for City staff to notify residents affected by the sealcoat project and so reducing the problem
with parked vehicles, a 7 -day advance notice shall be given to the City Engineer prior to starting the
sealcoat operation.
Materials and Measure
' All materials shall conform to and be applied in accordance with MnDOT "Standard Specifications for
Construction" as follows:
' 1. Bituminous material and aggregate for sealcoat shall be in accordance with MnDOT 2356.
Rate of application shall be:
' FA -2 CRS -2 at 0.15 to 0.25 gallons per square yard.
FA -2 cover aggregate at 15 to 25 pounds per square yard.
' FA -3 CRS -2 at 0.25 to 0.30 gallons per square yard.
FA -3 cover aggregate at 25 to 30 pounds per square yard.
' FA -3 CRS -2M (Latex Additive) at 0.30 gallons per square yard.
FA -3 cover aggregate at 30 pounds per square yard.
Complete coverage of bituminous surfaces curb -to -curb or gutter -to- gutter and all fillets at
curb radii shall be included. Bituminous material for sealcoat shall be measured by volume at
' 60 ° F from manifest collected with each load and paid for by the gallon as bid in the proposal.
Aggregate shall be paid for by the square yard as bid in the proposal. In the event the
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contractor elects to stockpile the cover aggregate on City property prior to the sealcoat
operation, a 24 -hour advance notice shall be given and weight tickets for each load are to be
supplied to the City Engineer on a daily basis. In and during the stockpiling of aggregate, the
contractor shall supply a loader to be available at all times to keep piles in an orderly condition.
For estimating purposes, sealcoat quantities have been calculated on a per square yard basis
and at application rates as listed above. At no time will compensation be made for material
used over and above these specified rates, due to excessive applications, waste, or overlaps.
Prior sweeping of streets and post aggregate pick up shall be performed by the contractor and
considered incidental to sealcoat operations. Sealcoat sweepings shall be deposited at a
location within the City limits as designated by the Engineer.
Proiect Ouantities
Contract payments shall be based on actual quantities placed at unit prices bid. The City Engineer
reserves the right to add or delete work items and/or bid quantities from this contract as may be
necessary to accommodate budget limitations. Contractor shall be advised that MnDOT 1903
Compensation for Increased or Decreased quantities will not apply to this contract. No adjustments to
the unit prices named in the proposal will be allowed for changes in actual quantities.
Prenanne Surface
The bituminous material shall not be applied to a dusty or unclean surface. If normal sweeping
methods do not remove dirt or other objectional material, the use of hand equipment, brooms, shovels,
etc. may be necessary to sufficiently clean the street surface.
Pavement Markines
L Lake Lucy Road between Galpin Boulevard and Powers Boulevard shall be striped with a 4"
double yellow centerline stripe. Centerline stripe at intersecting driveways and streets shall be
deleted. Also 4" solid white bicycle lane lines to be stripped on either side of Lake Lucy Road
placed six feet from the face of curb.
2 West 78th Street, Great Plains Boulevard, and Market Boulevard shall be striped as per '
striping plan shown on Detail Pages 1 through 8 of these specifications.
The paint for pavement markings shall conform to current MnDOT specifications no. 3567 and shall be ,
protected until properly cured by either cones or trailing vehicles. Paint shall be applied at a minimum
rate of 320 linear feet of 4" line per gallon. The beads shall be of the drop -on floating type and shall be
applied at the rate of 6 pounds per gallon of paint applied. '
The striping machine must be equipped with paint agitators, paint heaters, timing devices, footage '
counter, gallon meters to accurately measure the paint being used to the tenth of a gallon, rotating
beacons, warning signs and all other devices needed to conduct operations in a safe and efficient
manner. Pavement markings shall not be applied to any sealcoated street prior to 7 days after initial ,
application.
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' Castma Protection
' All manholes, gate valves and storm sewer castings shall be located by the Contractor and masked with
material prior to the applications of bituminous material. The use of a thick aggregate or sand layer as
a mask will be permitted. The contractor will be required to remove all maskings, expose and open all
manholes, gate valves and storm sewer castings following sealcoat operations.
Test Section
The City will conduct random test section operations to verify oil and rock application rates. Testing
shall consist of monitoring tonnage of rock and volume of oil applied over a known area. This work
shall be considered incidental to the project.
' Final Sweeping
The contractor shall sweep up the excess aggregate the following morning prior to sunrise in all areas
' sealed with the CRS -2M material. The remaining shall be picked up starting five (5) calendar days, but
not more than seven (7) calendar days, after completion of the fast day's sealcoat application. This
sweeping shall be with a pick -up power sweeper and shall continue until all loose aggregate is
' completely cleaned up to the satisfaction of the City Engineer. Final payment will not be made until all
loose aggregate has been picked up. In the event the sweeping operation is not satisfactorily
completed, the contractor shall sweep the project a second time to be completed with one week of
notification. If the contractor fails to meet this requirement, the City will complete the clean-up sweep
and hold from the project retainage, any costs incurred. If the City elects not to keep the FA -2 (pea
rock), it will be the responsibility of the contractor to haul out excess sweepings. The City may also
choose to keep any excess gray granite chips.
Incidental Work
All work to be done by the Contractor as specified in this document, and all minor details of the work
not specifically mentioned in the specifications but obviously necessary for the proper completion of
work, shall be considered as incidental to and a part of the work for which prices are named in the
proposal The Contractor will not be entitled to any extra or additional compensation for such work
' except as specifically stated.
Work Hours
The normal work hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, and
from 9:00 a.YrL to 5:00 p.rrL on Saturdays with no such activity allowed on Sundays or any recognized
' legal holidays. Operation of all internal combustion engines used for construction or dewatering
purposes beyond the normal work hours will require City Council approval. Under emergency
conditions, this limitation may be waived by the consent of the City Engineer.
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Drue and Alcohol Testing '
All contractors and their subcontractors shall provide the City, prior to conducting any work, written '
verification of compliance with the Federal Highway Administration (FHWA) drug use and alcohol
testing rules published February 15, 1994, which apply to persons required to have a commercial
drivers license (CDL).
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VERIFICATION OF PARTICIPATION IN
ALCOHOL AND CONTROLLED SUBSTANCES TESTING PROGRAM
PURPOSE: The Federal Omnibus Transportation Employee Testing Act (`"Testing Act') requires an employer who uses
a driver more than once per year who participates in a drug and alcohol testing program administered by another entity to
verify that the driver participates or participated in a program(s) that conforms to the requirements of the Testing Act and
that the driver is qualified to drive under the Testing Act. The Testing Act also requires that the driver's employer
provide certain information regarding testing of the driver within the previous six months.
F031�k-@
LOCATION:
(Sued) (City) (State) (Zip)
I, hereby authorize my employer to release pertinent information regarding drug and alcohol
tests performed on myself by the employer under the requirements of the Testing Act.
(diver's signature)
Drug Testing Program:
Name Telephone No.:
Location.
(Sued) (City) (State) (Zip)
Nacre (Pru) (Title)
The above named driver: _ Participates _ Does not participate, in the above named drug testing program.
Dates of participation: From To
Specimen Collection Entity:
Name: Telephone No.:
Address:
Testing Laboratory:
Name Telephone No.:
Address:
Medical Review Officer:
Name: Telephone No.:
Address
Does this program conform to 49 C.F.R. Part 40? Yes No
The date this driver was last tested for controlled substances:
(MontiVMy/1'eao
Results of tests taken in the last 6 months and any other violations of Subpart B of 49 C.F.R. Part 382:
(FJaertest rerun infomnation in the space provided Begin with the most roan test.)
Date of Test:
Result of Test:
Negative
Positive
Date of Test.
Result of Test:
Negative
Positive
Date of Test:
Result of Test:
Negative
Positive
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Ins urance
The contractor shall not commnce work under this contract until all insurance required under the '
Contract Documents has been obtained and until copies of certificates thereof are submitted to the
owner, the contractor shall not allow any subcontractor to commence work until the insurance required
of such subcontractor has been obtained and copies of policies and certificates submitted to the owner. '
During the term of this contract, the contractor shall maintain such insurance as will protect him from
claims as set forth below which may arise out of or from the contractor's operations under the contract, '
whether such operations be by himself or by a subcontractor or sub - subcontractor or anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be held liable.
(a) For claims arising under any Workmen's Compensation, Employer's Liability or any
similar employee benefit.
(b) For claims because of bodily injury, sickness, disease, or death of any person or persons
other than his employees, and for claims because of damage to or destruction of
property of others resulting therefrom, including loss of use thereof.
Such insurance shall be written for amounts not less than the following as respects subparagraph (a)
above:
Workmen's Compensation .............................................................. ............................... Statutory
Employers Liability ............................................. ............................... $100,000 each occurrence
and as respects subparagraph (b):
Bodily Injury and Property
Damage with a Combined Single
Limit of Liability of $1,000,000 Each Occurrence
Of
Bodily Injury
General & Automobile ............................................. ............................... $500,000 each person
General & Automobile ................................... ............................... $1,000,000 each occurrence
Property Damage
General & Automobile ...................................... ............................... $500,000 each occurrence
Gen e r al........................................................................ ............................... $500,000 aggregate
The insurance referred to in subparagraph (b) above shall be written under the Comprehensive General
and Comprehensive Automobile Liability policy forms, including coverage of all owned, hired, and
non -owned automobiles. The contractor may at his option, provide the limits of liability as set out
above by a combination of the above - described policy forms and an Umbrella Excess Liability policy.
ova
A ll responsibility for payment of any sums resulting from any deductible provision, corridors, or self-
' insured retention conditions or the policy or policies shall remain with the contractor.
It is a condition of the contract that the policy or policies waive anv and all eovernmental immunity as a
defense in any action brought against the insured or any other party to the contract.
' Approval of the insurance by the owner shall not in any way relieve or decrease the liability of the
contractor hereunder, and it is expressly understood that the owner /engineer do not in any way
' represent that the above specified insurance or limits of liability are sufficient or adequate to protect the
contractor's interests or liabilities.
Evidence of the above required insurance shall be furnished on a Certificate of Insurance form
satisfactory to the owner.
' Copies of all certificates evidencing such insurance shall be filed with the owner. The certificates shall
be executed by the insurer and shall expressly stipulate that the policies are noncancellable prior to
expiration of the contract period, unless ten days' notice in writing to the owner shall be filed with the
' owner. Certificates for liability policies must show that the City and engineer are the parties insured by
the respective policies.
' Certificates of Insurance including a separate Workers Compensation and Employer's Liability form
certifying that the above insurance is in force with companies acceptable to the City, along with a
performance bond, shall be required as a part of the Contract Documents.
' Permits and Resnonsibility
' The Contractor shall, without additional expense to the City, obtain all licenses and permits required
for the prosecution of work and shall be responsible for all damages to persons or property occurring
as a result of his fault or negligence in connection with the prosecution of the work. The contractor
shall also be responsible for all materials delivered and work performed until completion and final
acceptance except for any completed unit which previously may have been finally accepted.
Indemnification
' The Contractor shall indemnify and hold harmless the City and Engineer and their agents and
employees from and against all claims, damages, losses and expenses including attorneys fees arising
out of or resulting from the performance of work, provided that any such claim, damage, loss of
expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the work itself) including the loss of use resulting therefrom and (b) is
caused in whole or in part by any negligent act or omission of the Contractor, an subcontractor, anyone
' directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder.
' In any and all claims against the City or the Engineer or any of their agents or employees by any
employees of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them
' or anyone for whose acts any of them may be liable, the indemnification obligation under this Article
shall not be limited in any way by any limitation on the amount or type of damages, compensation or
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benefits payable by or for the Contractor and subcontractor under workmen's compensation acts,
disability benefit acts or other employee benefit acts.
The obligations of the Contractor under this Article shall not extend to the liability of the Engineer, his
agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, designs or specifications, or (b) the giving of or the failure to give
directions or instructions by the Engineer, his agents or employees provided such giving or failure to
give is the primary cause of injury or damage.
Proiect Acceptance and Final Pavment
Contract payments shall be based on actual quantities placed at unit prices bid. The Engineer reserves
the right to add or delete pavement areas from this contract as may be necessary to accommodate
budget limitations. Contractor shall be advised that MnDOT 1903 Compensation for Increased or
Decreased quantities shall not apply to this contract. No adjustments to the unit prices named in the
proposal will be allowed for changes in actual quantities.
Upon completion of the work, the Engineer shall satisfy himself by examination and test that the work
has been properly and fully completed in accordance with these specifications. Any and all manholes,
gate valves, and/or storm castings covered by the sealcoating will have to be exposed, cleaned, and
operable as a part of final acceptance requirements.
Once accepted and a two -year warranty bond of the Contractor's work is provided along with lien
waivers from all subcontractors, final payment, based upon actual quantities used, unit prices bid and
approved change orders shall be made within thirty (30) days.
Wanrantv Bond
Prior to final payment and acceptance of work, the Contractor shall provide the City a warranty bond
agreeing to maintain the stability of all work and materials done, furnished and installed under this
contract for a period of two years after final acceptance.
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CITY OF CHANHASSEN
CONTRACT
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THIS AGREEMENT, made and executed this day of 19_, by and
between the CITY OF CHANHASSEN, hereinafter referred to as the "CITY" and
hereinafter referred to as the "CONTRACTOR ".
WITNESSETH
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all of the
provisions of the Contract Documents prepared by
referred to in Paragraph IV, as provided by the CITY
for:
' CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Documents.
IL CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the
Proposal Form attached hereto which prices conform to those in the accepted
CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate
' sum of such prices, based on estimated required quantities, is estimated to be $ .
IIL Final payment to CONTRACTOR by CITY shall be made as provided in the Contract
Documents.
TV. The Contract documents consist of the following component parts:
'
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Accepted Proposal
c. Contract Agreement
d. Contractor's Performance Bond
'
e. Certificate of Insurance
(2) General Requirements /Special Provisions
(3) Addenda and Supplemental Agreements
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The Contract Documents are hereby incorporated with the Agreement and are
as much a part of the Agreement as if fully set forth herein. This Agreement
and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by
this Agreement by July 31, 1996 in accordance with the Contract Documents.
VL This Agreement shall be executed in three copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of
the date first above written.
ATTEST:
CITY OF CHANHASSEN, MINNESOTA
(Seal)
Name:
Title:
By.
Its:
Mayor
ATTEST.
(Seal)
Name:
Title:
0
By.
Its:
CONTRACTOR
By.
Its:
By.
Its:
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City Manager
I
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
' On this day of , 19_, before, a notary public within and for said County,
personally appeared Donald J. Chmiel and Don Ashworth, to be personally known, who being each by
me duly sworn did say that they are respectively the Mayor and City Manager and the Municipal
corporation named in the foregoing instrument, and that the seal affixed to said instrument is the
corporate seal of said municipal corporation, and that said instrument was signed and sealed on behalf
of said municipal corporation by authority of its City Council and said Donald J. Chmiel and Don
Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation.
Notary Public
' STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
One this day of , 19_, before me, a notary public within and for said
County, personally appeared and to me known to be the persons
representing the contractor's interests in the capacity shown under their signature and who executed the
foregoing instrument and acknowledged that they executed the same as their free act and deed.
Li
1
I
Notary Public
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