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Home My WebLink About2016 Street Patching Contract_Hardrives Project No. 2016.115 General Conditions for 2016 Patching Project Page 1 of 2 State of Minnesota Washington County CONSTRUCTION CONTRACT FOR THE 2016 STREET FULL DEPTH PATCHING PROJECT LAKE ELMO, MINNESOTA This Contract, made this 17th day of May 2016, by the City of Lake Elmo, Minnesota (herinafter called the “Owner”) and Hardrives, Inc. (hereinafter called the “Contractor”). WITNESSETH that the parties hereto agree as follows: The Contractor shall provide all labor, services, materials, equipment and machinery, transportation, tools, fuel, power, light, heat, telephone, water, sanitary facilities, traffic control, temporary facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start‐up, and completion of the work as described herein: IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written. (Contractor) (City of Lake Elmo) DESCRIPTION OF WORK: The Contractor shall complete full-depth pavement patch repairs along 14th Street North in Lake Elmo, MN at the direction and in the locations specified by the City. All work shall be completed within the specified time frame and under the terms and conditions provided within this Construction Contract, and in accordance with the “General Conditions” shown in this contract. The contractor shall complete the proposed work by SEPTEMBER 30, 2016. The extents of the patch excavation area shall be marked in the field by the City and must be sawcut perpendicular across the entire street section from lip of curb to lip of curb. Sawcutting is incidental to the patching work. Full-depth patching shall include the removal of the entire pavement surface layer, regardless of its thickness, over the patching area. A Test Roll shall be completed with a fully loaded aggregate truck over the street and is incidental to the patching work. The existing aggregate base areas that pass a Test Roll, as determined by the City inspector, shall be toleranced and re-compacted prior to paving. The areas that do not pass a Test Roll, as determined by the City inspector, shall receive new Class 6 aggregate base material to a depth specified by the City. Each excavation shall be inspected by the City to determine if additional base material removal is needed to provide for a firm support. The aggregate base shall be toleranced to meet a minimum 2% crown to facilitate drainage. The bituminous surface shall be replaced using two compacted layers and shall include tack coat between them. The Bituminous Base Course (SPNWB230B) shall be a minimum 1.5” thick and the Bituminous Wear Course (SPWEA240B) shall be a minimum 1.5” thick. All bituminous testing shall be in accordance with MnDOT 2360 and is incidental to the patching work. The test procedure shall be the Ordinary Compaction Method. Aggregate gradation testing shall be as specified in MnDOT 2211 and MnDOT 3138. Water shall be applied at such times and in such amounts as necessary for proper aggregate compaction. The City will make payment for the whole contract upon acceptance by the City of all work required hereunder and in compliance with all the terms and conditions of this contract. Payment to the Contractor will be made for only the actual quantities of work performed using the unit prices provided within this Contract and listed below, except that the total amount cannot exceed $55,820 without prior written authorization by the City Engineer. All materials, labor, tools and equipment needed to complete full-depth pavement repair work that is not specifically itemized below with a unit price and estimated quantity shall be incidental to the work. The City may add or reduce the project quantities in the best interest of the City. Mobilization 1 LS - $3,000.00 Remove Bituminous and Tolerance – 3,700 SY x $2.85/SY = $10,545.00 1.5” SPNWB230B – 350 Tons x $52.00/Ton = $18,200.00 1.5” SPWEA240B – 350 Tons x $54.50/Ton = $19,075.00 Remove & Replace Class 6 Aggregate Base – 500 SY x $10.00/SY = $5,000.00 TOTAL ESTIMATED AMOUNT: $55,820.00 Project No. 2016.115 General Conditions for 2016 Patching Project Page 2 of 2 GENERAL CONDITIONS I. CHANGES IN WORK. ‐ The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a “Contract Change Order”. No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore stated in the order. II. INSPECTION OF WORK. ‐ All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction. III. COMPLETION OF WORK. ‐ If the Contractor refuses or fails to complete the work within the time specified in this contract, or any extension thereof, the Owner may terminate the Contractor’s rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor’s control and without Contractor’s fault or negligence. IV. RELEASES. ‐ Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS. ‐ Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material‐person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI. NOTICES AND APPROVAL IN WRITING. ‐ Any notice, consent, or other act to be given or done hereunder will be valid only if in writing. VII. CLEANING UP. ‐ The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials. VIII. WARRANTY. ‐ Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IX. IDEMNIFICATION. ‐ Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. X. WORKERS’ COMPENSATION INSURANCE. ‐ Contractor shall provide a certificate of insurance showing evidence of workers’ compensation coverage or provide evidence of qualification as a self‐insurer of workers’ compensation. XI. LIABILITY INSURANCE REQUIREMENTS. – A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000. The CGL insurance shall cover liability arising from premises, operations, independent contractors, subcontractors, products‐completed operations, personal injury and advertising injury, and contractually‐assumed liability. The city shall be named as an additional insured under the CGL. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate limit of not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non‐owned autos.