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06-09-2014 Council Packet
PUBLIC ATTENDANCE MEETING DATE CP �q � �--COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. � C �, � �—c�YI , Uvr C�C C'_.. ✓ c_ �, /�— �; - , - . . : 2. ' - • ::1.1�P , � _ �. :�`'y . _ � �- ,�� � L t' ,,��: � , . � _ .,_.. _. 3. s� ,� J �.. � , ,:- ; .� � �- ,� �,��.�� : � � � � �„� ;' � r � ; , � '" ' �� � �,� , 4. ,,,����� �. ,� ���� � � �> �,�'`I��rC� ���-., , < �, r � �� . ���. ..� � . . _ . . � , , , . � . _ - �. � = 4. � . . .5. � 3 1.'�' -�� � �2���,t S�'n �'1� � �4�u ��. �_.�;r,� �� . c k "'�l �_c � ' �. ,:.�_ � . 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V:\�LEGAL FORMS�\(FORMS�\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, June 9, 2014, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. * Council Work Session of May 27, 2014 3. * Regular Council Meeting of May 27, 2014 Presentations 4. City of Mound, Mayor Mark Hanus 5. Tour de Tonka LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Denise Leskinen, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 6. Long Lake Slow No Wake Regulations - Ordinance 7. 14-3654 John Bessesen o/b/o David Delaney - “2500” Kelly Avenue - Sketch Plan 8. 14-3664 David Schmid and Angela Ciliberto - 3309 Crystal Bay Road - Variances & CUP 9. 14-3665 Gladys McClendon o/b/o Orono Woodlands, Inc - 2100 Sixth Avenue N - Variance 10. 14-3667 Tammy Maddrey and Steven Sabes - 3435 Eastlake Street -Variances 11. 14-3668 Charles Cudd DENOVO o/b/o Mary J. Bowman Trust - 1165 Ferndale Road W - Variances & CUP Renewal 12. 14-3669 Dale Gustafson o/b/o Mark & Kristen Anderson - 3850 Watertown Road - CUP 13. 14-3670 Dale Gustafson o/b/o Rodney & Barbara Burwell- 1100 Millston Road - CUP & Variance 14. 14-3671 Robert Von Edeskuty o/b/o Calvary Memorial Church - 2420 Dunwoody Avenue - CUP and Commercial Site Plan Review Agenda for Council Meeting Set for Monday, June 9, 2014, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Public Works Director/City Engineer’s Report 15. Rest Point Road Improvements – Plan and Specification Approval 16. Park Lane Generator Update 17. Hanlon Avenue Extension Petition 18. Golf Course Clubhouse Roof and Painting 19. 2014 Sanitary Sewer Rehabilitation Project Plan Approval 20. Public Works Retirement & Recruitment Mayor/Council Report City Administrator's Report 21. * Licenses & Permits - Transient Merchant License 22. * Claims/Bills City Attorney's Report Adjournment Upcoming Events 2014 06/16 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Cynthia Bremer) 06/23 – Council Work Session, Monday, 5:00 p.m. 06/23 – Council Meeting, Monday, 7:00 p.m. 07/04 – Holiday – July 4th, Offices Closed 07/07 – Park Commission Meeting, Monday, 7:00 p.m. 07/14 – Council Meeting, Monday, 7:00 p.m. 07/21 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor, Lili McMillan) 07/28– Council Work Session, Monday, 5:00 p.m. 07/28 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL WORK SESSION Tuesday, May 27, 2014 5:00 p.m. Present: Mayor Lili McMillan, Council Members Kristi Anders, Cynthia Bremer, Lizz Levang and Aaron Printup; representing Staff were City Administrator Jessica Loftus, Assistant City Administrator Mike Gaffron, Planning/Zoning Coordinator Melanie Curtis , Public Works Director/City Engineer Jesse Struve, and Finance Director Ron Olson. Planning/Zoning Coordinator Melanie Curtis presented a draft handout to assist residents with survey requirements. The Council provided a few suggestions and requested the handout be distributed with permit application packets and available online. Curtis also reported that pursuant to Council direction, staff will initiate twice‐yearly escrow refund reviews rather than relying solely on applicant requests. Assistant City Administrator Mike Gaffron presented information on the Metropolitan Council’s “Thrive MSP” initiative. The consensus of the Council was to request the City of Orono be listed among the rural residential cities (page 63) and to share information with the Planning Commission so we can work on a strategy going forward. City Administrator Jessica Loftus provided a verbal update on multiple operational issues. The Council directed staff to bring information regarding an e‐cigarette ordinance to an upcoming work session and to invite Mediacom to present at the June 23rd regular meeting. Public Works Director/City Engineer Jesse Struve presented information on road funding. Discussion centered on how to fund long term maintenance and reconstruction of the road including the options of tax levy increase, assessments, and franchise fees. The Council directed staff to bring back more information on franchise fees and to present an option for road maintenance in the 2015 general fund budget. The meeting closed at 6:45 p.m. ATTEST: ________________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #02 - CC Agenda - 06/09/2014 Approval of Council Work Session Minutes 05/27/2014 [Page 1 of 1] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 23 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Kristi Anderson, Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Assistant City Administrator of Long-Term Strategic Planning Michael Gaffron, Public Works Director/City Engineer Jesse Struve, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. OPENING PRESENTATION 1. DEDICATE PLAQUE HONORING CHIEF JOSEPH ORONO President, Larry Sisk stated the Sons of the American Revolution are dedicated to preserving the history of Orono’s patriotic ancestors and of America through family ancestry. The Sons of the American Revolution also supply important information about American history to students, award medals to ROTC candidates, and help preserve the history about the founding of Orono. Chief Joseph Orono was the leader of the Penobscot Tribe in Maine who gallantly supported the Americans during the Revolutionary War. In 1806, Chief Orono’s efforts were recognized by naming the Penobscot River Valley Township in his honor; thereby creating Orono, Maine. New Englanders who settled on the shores of Lake Minnetonka bestowed the name Orono on the new township at its creation in 1889, and 2014 marks the 125th anniversary of Orono. Sisk stated they are here tonight to honor Chief Joseph Orono, who had a French father and a Penobscot Indian mother. Chief Joseph Orono sided with the Americans and believed in the concept of freedom. Sisk, on behalf of the Minnesota Society of the Sons of the American Revolution, presented the City with a plaque honoring Chief Joseph Orono. Mary Bendickson, Daughters of the American Revolution, stated their organization is interested in keeping American history alive and promoting patriotism. Matt Bendickson, President of the Children of the American Revolution organization, invited the audience to a pancake breakfast benefit being held at the Wayzata Depot on July 4. Bendickson stated the proceeds go to patriotic charities and other events involving veterans and their families. Printup stated by being a member of the Sons of the American Revolution, he has learned about Chief Joseph Orono and how Orono was founded in his honor. Printup stated the history of Orono also includes someone named George Brackett, who settled the area of Brackett’s Point in 1880. Brackett’s Point was originally named Starvation Point. George Brackett came from the region of Orono, Maine, and when this area was initially settled, it reminded George Brackett of his boyhood town and they named the area Orono. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 1 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 23 (1. DEDICATE PLAQUE HONORING CHIEF JOSEPH ORONO, Continued) McMillan stated the City of Orono, Minnesota, received the following letter from Orono, Maine: Dear Mayor McMillan and Orono City Councilors. Greetings from Orono, Maine. On behalf of the Orono Town Council, our staff and citizens, I want to congratulate you as the City of Orono, Minnesota, celebrates its 125th anniversary. We appreciate your invitation to attend the upcoming dedication event honoring our namesake Chief Joseph Orono. As we dedicate the beautiful plaque donated by the Minnesota Society of the Sons of the American Revolution, we hope that you will remember Chief Orono as a wise and just leader. He was instrumental in securing the entire Penobscot River Valley where the town of Orono, Maine, was eventually settled, named in his honor and created a community so beloved that your settlers chose to honor your township with our shared name. We wish that we could join your celebration and hope that you enjoy this special opportunity to reflect on your abundant history and dreams for the future. McMillan stated on behalf of the Orono City Council, she would like to accept the plaque honoring Chief Joseph Orono, and noted the plaque will be on display at Orono City Offices. 2. POLICE EXPLORER PROGRAM RECOGNITION Chief Correy Farniok stated Law Enforcement Exploring is a program sponsored by local law enforcement agencies to provide career information and scholarship opportunities to students aged 14 to 20. Each year the Explorers test their skills and training at the Minnesota Law Enforcement Conference. Farniok noted, this year seven young men and women representing law enforcement attended the awards banquet held in Rochester. Farniok stated these seven explorers did an outstanding job at the conference and took away a number of awards. Farniok noted approximately 800 explorers attended the conference and that Orono’s team was one of the smaller ones. Farniok stated they would like to introduce the explorers to the City Council and honor their accomplishments at the conference. Officer Jane Szczepanik stated this is her third year as an explorer advisor. Officer Szczepanik introduced the following Orono Police Explorers on Team A: Bryce Martin, Carver Christianson, and Carter Hendrickson. Team B included Ethan Salinas, Dylan Rimas, Ben Wenande and Brandon Wenande. Officer Szczepanick stated it is not uncommon for most teams not to place in any of the events or categories but Orono was able to win awards in the following group competitions: Fourth place in Emergency Management, fifth place in report writing, fourth place in arrest and search, fourth place in interview and interrogation, second place in emergency first aid, second place is bomb scene search, and first place in crime prevention. In individual competitions, Ben Wenande received the Shawn Silvera Memorial Award Scholarship and a $750 scholarship and Bryce Martin took home first place in the obstacle course. Mayor McMillan commended the explorers on their accomplishments. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 2 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 23 APPROVAL OF AGENDA CONSENT AGENDA Item Nos. 9, 10, 13, 14, 15, and 16 were added to the Consent Agenda. Levang moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *3. REGULAR CITY COUNCIL MEETING OF MAY 12, 2014 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of May 12, 2014, as submitted. VOTE: Ayes 5, Nays 0. SALE OF BONDS 4. SALE OF GENERAL OBLIGATION BONDS SERIES 2014A – RESOLUTION NO. 6405 Nick Anhut, Ehlers & Associates, stated the City of Orono has maintained its Moody’s AAA rating. Anhut stated he would like to highlight various points from the report prepared by Ehlers. Moody’s remains positive about the economic strengths of the City given its ample general fund and reserves for its capital planning process as well as being proactive in its conservative fiscal management and overall financial policies. Anhut stated one of the challenges mentioned by Moody’s as far as the rating is concerned is that the City as a whole is relatively smaller than other like rated entities. The AAA rating is the highest rating that can be attained worldwide and Moody’s recognizes that there may be some potential burdens with having a small population. Moody’s also recognizes there have been some recent housing declines but that there have been some positive indicators that are now on the mend. Anhut noted Ehlers, on behalf of the City, went to market this morning on the sale of general obligation bonds for the financing of the City’s public safety addition, various water improvements, and refinancing of Big Island. Given the City’s AAA rating, five bids were received this morning and the winning bid was from Raymond James & Associates out of New York with a 2.27 percent interest rate. The bid is approximately one-half a percentage point below what was anticipated, which will amount to some significant savings for the City. Anhut noted he did discuss with the City Council previously that Ehlers was expecting premium bids on the bonds, which were received. With that premium bid, Ehlers was able to downsize the issuance of the bonds by $105,000, resulting in a total bond sale of $5.275. The underwriter’s discount also came in below budget and the costs of issuance came in at what was projected. Given those factors, the City is looking at a total principal and interest savings of approximately $200,000 over 14.5 years. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 3 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 23 (4. SALE OF GENERAL OBLIGATION BONDS SERIES 2014A – RESOLUTION NO. 6405, Continued) Anhut stated specific to the refunding portion, Ehlers had projected $45,000 in savings, but given the previously listed factors, that amount has been increased to $54,000 over the next three and a half years. Anhut stated based on the excellent interest rate received, Ehlers would recommend the City Council move forward with the bond sale to Raymond James. McMillan thanked Staff and all previous City Councils who have run Orono in a fiscally conservative manner, which is one of the main reasons Orono has maintained its AAA rating over the years. Bremer moved, Levang seconded, to adopt RESOLUTION NO. 6405, a Resolution Awarding Sale of $5,380,000 General Obligation Bonds, Series 2014A, Fixing the Form and Specifications Thereof, Providing for Their Execution and Delivery, and Providing for Their Payment. VOTE: Ayes 5, Nays 0. PRESENTATION 5. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT Dennis Hoogeveen, Clifton, Larson, Allen, stated Minnesota Statutes require that the City have an annual audit performed by a certified public accountant or the State Auditor. Clifton, Larson, Allen was appointed by the City to perform the audit for the year ended December 31, 2013. Accounting principles generally accepted in the United States require that City management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of a letter of transmittal. Hoogeveen stated one of the letters before the City Council is called the Required Communications Letter, which is a letter required by the government to those responsible for governance of the City. Hoogeveen stated the audit provides a reasonable but not absolute assurance on the financial accuracy of the financial statements. Clifton, Larson bases its audit on a random sampling basis and then zeroes in on areas that might pose a significant risk. Hoogeveen noted in 2013 a new accounting policy was adopted by the Government Auditing Standards Board which changed the formatting of how the balance statement, statement of net position, is laid out. Hoogeveen indicated due to the change, some items that used to be considered liabilities are now considered deferred inflow but the basic accounting remains the same. Hoogeveen stated it is basically a terminology change and does not have a significant impact on the City’s financial statements. The Required Communications Letter also reviews the fact that some significant estimates are required in preparing a financial statement for a government entity. Those include the useful life of assets, value of investments, and the amount of post-employment benefits. Hoogeveen noted Ehlers is required to report to the City Council if Staff was not cooperative in performing the audit. Ehlers is pleased to report that Staff was very cooperative during the audit process and appreciates all the fine work that the finance department did in keeping the City’s financial records over the past year and their cooperation during the audit. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 4 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 23 (5. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT, Continued) Hoogeveen stated for 2013, Ehlers intends to issue a clean opinion on the City’s financial statements. Because it is a government audit standard report, Ehlers is required to issue a letter every year on the City’s internal controls over financial reporting controls. Ehlers has found the same concern that was raised in previous years regarding segregation of duties, which is related to the small number of people involved in the finance department. Ehlers is also required to issue a legal compliance opinion based on guidance put together by the Office of the State Auditor. Hoogeveen indicated there is a fairly lengthy checklist of state statutes that have to be tested against the City’s adherence and that it is fairly common to have some minor exceptions. Hoogeveen noted one exception related to the prompt payment of bills and generally related to an invoice that was not transmitted to the business office in a timely manner by one of the departments. Hoogeveen noted Michelle Hoffman is the day-to-day manager on the City’s finances and will be presenting her findings to the City Council. Michelle Hoffman, Manager with Clifton, Larson, stated the first graph depicts the City’s General Fund and shows the City’s unassigned fund balance. Hoffman noted starting in 2011, there was a terminology change from unreserved to unassigned, which accounts for the different colors on the graph, but that it basically is comparing the same thing. Hoffman noted for the last five years the City’s General Fund has been pretty consistent in its balance. In 2013, the City ended up at approximately 50 percent of expenditures for the General Fund, which is where it is expected to be. Orono’s fund balance policy does say to strive to have at least five months worth of expenditures on have and that 50 percent is approximately six months of expenditures on hand. Hoffman stated the next graph depicts the General Fund Revenues broken down into the five major categories. The City’s revenues have been very consistent from year to year. The major portion of the City’s revenue is generated from property taxes, which provides the revenue for the general services of the City. Hoffman noted the City’s user fees increased and was related to the new police service agreement with the City of Mound. Hoffman noted the next slide reflects the City’s General Fund expenditures broken out into categories. The spike shown on the expenditures is related to Public Safety and those expenditures will stay a little higher as the agreement continues. Hoffman noted overall the City’s expenditures have been fairly consistent over the past five years and reflects the City’s conservative approach to planning and spending. Hoffman displayed a graph shows the City’s other governmental funds, noting that it does not include the General Fund. The reason for the multiple terminologies is that in 2011 there was the change in terminology from unreserved to unassigned. Hoffman stated the reason for the decrease was due to the fact that no new government bonds were issued in 2013 but that will increase again in 2014 as the 2014 bonds are issued. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 5 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 23 (5. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT, Continued) Hoffman noted for the most part the other governmental funds have also been very consistent from year to year in both expenditures and revenues. Hoffman noted the fees received from the Metropolitan Council for various road projects were less than in prior years and there was a spike in expenditures related to the 2003 HRA bonds being paid off in 2011. As it relates to the Enterprise Funds, the graph includes two new funds that have a small balance in them due to the fact that they were only created this year. The main funds are water, sewer, and stormwater, which have been fairly consistent over the years. Hoffman noted there was a decrease in the water fund this year due to a transfer and a small loss on investments, which was pretty typical for the majority of cities due to the economy. Hoffman noted the City’s operating income for its enterprise funds appears to be more erratic but it is due to the scale being calculated at $150,000. The other three funds consisting of the sewer fund, stormwater fund, and the recycling fund did remain fairly consistent. Hoffman displayed a graph depicting the City’s debt service schedule and its projections for the next five years. Hoffman noted the City’s debt service is expected to decrease in future years from $1.4 million in 2013 down to $800,000 by the year 2018. Hoffman noted the City’s tax rate per the League of Minnesota Cities reflects that Orono has the lowest tax rate as compared to the neighboring cities of Long Lake, Medina, Wayzata, and Spring Park. In addition, Orono is well below the statewide city average as well as the Region 11 average. Hoogeveen stated other items of note include the implementation of GASB No. 68 in the year 2015. GASB No. 68 requires that government entities report a net pension liability for their allocation of the state-administered pension plans. Hoogeveen noted the state’s pension plans are funded at a higher rate than a number of other states but the new regulation requires that Orono reflect their share of that liability on their balance sheet. Hoogeveen congratulated the City for being the recipient of the GFOA Certificate of Achievement for Excellence in Financial Reporting for 2012. Mayor McMillan thanked Hoogeveen and Hoffman for their presentation and excellent work on the City’s audit. The City Council took no formal action on this item. 6. LONG LAKE FIRE DEPARTMENT Fire Chief James Van Eyll reported Station No. 2 experienced a power surge that largely affected the fire alarm panel. Replacement of the panel is expected to cost approximately $1,200. Van Eyll indicated the other systems were checked and everything else appears to be working. Van Eyll stated he spoke with the City’s finance director and was told the City’s deductible was $2,500 so the City will not be able to recoup its costs associated with the repair. Van Eyll noted this is the second time Station No. 2 has experienced a power surge, with the previous one affecting the HVAC system. Van Eyll indicated they are looking at installing a power surge protection system but that he does not have any cost estimates at this point in time. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 6 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 23 (6. LONG LAKE FIRE DEPARTMENT, Continued) Van Eyll stated as it relates to the fire on Old Beach Road, the insurance company has wrapped up their investigation and the cause is still undetermined. Multiple sources of ignition were found in the area and the building was too far destroyed to be able to recreate anything. Van Eyll stated the mission of the Long Lake Fire Department is to minimize the loss of life and property for its fire service recipients in the cities of Long Lake, Medina, and Orono from fires, natural disasters and life threatening situations. It is the goal of the Long Lake Fire Department to perform these services in a professional and efficient manner by maintaining effective training, fire prevention, fire suppression, and emergency response. Van Eyll noted that the fire department experienced a few changes in leadership, with John Hall being appointed Assistant Chief and DJ Goman serving as Deputy Chief of Administration. The current membership consists of 48 active members, with two being on military leave of absence and two on personal leaves of absences. All members are or will be certified as Firefighter I or II, First Responder or EMT certified, and Hazmat Operations certified. The officers were also nationally certified this year in blue cart training for Type IV and Type V fires, which are apartment fires and business fires. Van Eyll stated the big wild fires are Type I and Type II. Van Eyll noted the Fire Department had one member who retired in 2013 and three members who came off probationary status in 2013 and are currently stationed at Station No. 2. A number of new probationary fire fighters were brought on board in 2013. Van Eyll noted that even if the person has previous experience as a firefighter, they are still required to be on probationary status for a period of time. Van Eyll indicated they are attempting to get some of their firefighters qualified to drive tankers in the event of a regional fire. Van Eyll stated as it relates to emergency call activity, last year Orono had 324 total calls, and in 2012, there were 313 calls, which amounted to a slight decrease for Orono in 2013. Van Eyll noted overall calls increased from 2012 to 2013, with some of those calls being related to the storms experienced last summer, and regional aid calls increased from 18 to 29 last year. The average response time for the calls was 6:57 to get to any call. The response time for Orono in 2013 was 6:29 and in 2012 it was 6:34. Van Eyll indicated the fire department is always looking at ways to keep lowering that response time and that each call had on average 13 members who responded. Seventy percent of the calls happened during the day when there were less people available. Van Eyll noted the fire department will be having a couple of other daytime responders retiring in the next couple of years. Van Eyll stated the total calls among the three member cities, including mutual aid, amounted to 6,753 hours, with Orono accounting for 4,757 hours or 70.44 percent of the time. Van Eyll stated the number of call hours is significant as it relates to the fire department’s budget and determines how much each city is required to pay for fire protection. Van Eyll stated the training goals for 2014 include more small group training, driver training, in-house Blue Card Lite, training with North Memorial and other entities, training with CAFS and Foam, CO Alarm Training with True Readings, and a wellness and fitness program. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 7 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 23 (6. LONG LAKE FIRE DEPARTMENT, Continued) Van Eyll noted Burlington Northern will be speaking to the emergency managers next month regarding some of the Hazmat material that travels over the rail lines and that four or five of the Long Lake firefighters will be traveling to Colorado for training that is being sponsored by the railroad. Van Eyll noted the fire department is required by the federal government to have a certain number of firefighters participate in that training. Van Eyll noted both of the fire trucks have foam compression systems and additional training will also be provided on that system. Van Eyll indicated the firefighters typically meet at the end of the year to discuss upcoming goals for the fire department and that overall the fire department did well on meeting the goals outlined for 2013. Anderson stated she was glad to hear about the railroad based training that the fire department will be sending representatives to since that is a hot issue right now. Van Eyll stated last year at the legislature funds for training and equipment were approved and training relating to the oil pipeline was also included. Printup noted the number of fire calls is relatively small as compared to the non-emergency calls, and asked when the fire department experienced the tipping point where fires are more minimal than non-fire calls. Van Eyll stated it has been a gradual process over a number of years and relates in part to better construction methods, the permitting process, and inspections. The majority of the fires seen nowadays are cooking fires or people related fires rather than electrical fires. Levang noted another big accomplishment for the fire department was the dedication of the memorial. Van Eyll stated the memorial was dedicated last year and was a very proud moment for the fire department. McMillan asked if they are currently advertising for firefighters. Van Eyll stated they do have some advertisements out at Station No. 2 and a couple of applications have been received for Station No. 1. Van Eyll indicated some of the applicants are people looking for full- time employment, which is not something that is being offered. Printup asked when the next social event will be held. Van Eyll stated the 5K run will be held on July 26 and that the fire department has its softball games on Thursday evenings. Anderson moved, Levang seconded, to approve payment to the City of Long Lake in the amount of $2,673 for Orono’s share of the 2013 Fire Department overage. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 8 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 23 PLANNING COMMISSION COMMENTS – BRUCE LEMKE, REPRESENTATIVE Lemke stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE - TABLED Gaffron stated the memo included in the City Council’s packet from Long Lake discusses how the city experienced unusually high water levels in 2013. The high water levels became an issue for a number of lakeshore homeowners. As a result, the Long Lake Council and Staff discussed adoption of a “slow-no wake” ordinance to reduce the impact to the shoreline of wakes created by powerboats. In April of this year, Long Lake adopted an ordinance that would allow law enforcement to regulate the speed of watercraft on Long Lake and imposing a “slow-no wake” restriction during periods when the water level is in excess of 944.15. Regulation of watercraft speeds when the lake level is high to reduce the impact of watercraft wakes would help protect public and private shoreline from erosion. In later correspondence from Jack Gleason, MnDNR Hydrologist, it was learned that establishing the no-wake level at 944.15 feet would potentially result in the no-wake restriction being imposed all summer and he has suggested that an elevation of 945.0 feet would be more appropriate. Long Lake has revised their initial ordinance by adopting the 945.0 foot elevation and eliminating a requirement that the lake level be below 945.0 for three consecutive days in order to remove the no-wake restriction, finding that if the water level is below 945.0 feet, there was not a reason to wait an extra three days. Gaffron stated the attached draft ordinance is nearly identical in text to that adopted by Long Lake. The draft ordinance has been reviewed by the City Attorney and notice for a public hearing has been published. In addition, individual notices were mailed to all Orono lakeshore owners abutting Long Lake. Mayor McMillan opened the public hearing at 8:13 p.m. John Diavik, 1780 Martha Lane, Long Lake, stated he is in favor of a no-wake ordinance at the high water levels but that in his view the set elevation is too low. Diavik stated that became apparent to him when he was out on Memorial Day and the marker showed that they were still two to three inches over the elevation set by Long Lake. Diavik noted back in April the levels were clearly higher and that the water has decreased by approximately 12 inches, which is well below the tops of the riprap walls. Diavik stated he is not aware of any surrounding lakes that had a no-wake zone on Memorial Day other than Long Lake. Diavik indicated Long Lake originally set the elevation at 944.15, which was actually lower than the ordinary high water line. As a result, the local residents expressed their concern about that low elevation since other cities have set it above the high water level. Diavik stated the City needs to look at where that high water level normally is and also see where the ordinary high water level is in order to set a more appropriate elevation. Diavik stated the no wake zones should be reserved for those extreme cases and that he does not want it to hit those conditions multiple times per summer. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 9 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 23 (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Diavik indicated he also looked at Lotus Lake in Chanhassen and their high water line is six inches above the ordinary high water level, which means that they are only hitting the most extreme peaks. Diavik indicated he wrote a letter to Long Lake today again recommending that it be set at 945.5’, which was one of the numbers discussed as a possible level. Diavik stated he understands the need to protect the shoreline but that he does not want to sacrifice all the recreational use of the lake. McMillan asked if it is above 945’ currently. Diavik indicated it was approximately two to three inches above 945’ prior to the rains, but that they should look at the average water level. Diavik stated in his view the lake is not in that critical state but yet technically it was a no-wake zone condition. Bremer noted Lake Minnetonka has a number of no-wake zones and that there are certain days when the whole lake is considered a no-wake zone. Anderson stated the days when it is deemed to be a no-wake situation is posted at the landing 650 feet from the shore. Diavik stated the information from the DNR shows the minimums and maximums of the lake levels. Diavik pointed out the 945’ elevation. Diavik stated he would propose 945.5 since it would hit those high times but not the average. Loftus noted this was brought up to the Orono City Council last summer during its joint session with Long Lake and that it is her belief the City of Long Lake was receiving complaints and concerns at that time. Loftus stated it is her understanding the 945’ mark is what Long Lake is attempting to address by its ordinance. Loftus asked whether Mr. Diavik has addressed the Long Lake City Council with his concerns. Diavik indicated he spoke to them last year but that he did not know at that time what guidelines would be used. Diavik noted the water level has dropped since April. McMillan noted they originally set it at 944.15, which was too low. Joseph Sturney, 1405 Sixth Avenue North, asked if the sign that is posted at the launch currently reflects the most recent update. Gaffron stated he has not seen the sign and the photos he has are a few months old. Sturney stated he appreciates receiving notice from the City regarding this. Sturney stated he has enjoyed Long Lake for a number of years and that he has used the launch periodically over that period of time. Sturney indicated he enjoyed the lake so much that he purchased his current property which comprises the vast majority of the north point that sticks out into Long Lake. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 10 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 23 (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Sturney stated he has a great interest in what happens to the shoreline and that he does not have any desire to see it washed away into the lake, but that he would echo many of the same comments that John Diavik made. Sturney noted this issue was first raised last year when there was a lot of high water and residents became concerned that there was going to be another annual wake surf championship on the lake in August. Sturney stated the surf competitions do generate some pretty tremendous size wakes and that without the ordinance Long Lake would have no ability to reject that competition. Sturney stated to his understanding that was the impetus behind the ordinance but that since that time things have evolved. Sturney stated in his view a reasonable wake restriction makes a lot of sense, especially during some of the more extreme high water levels, but that he has not seen any visible evidence of actual erosion even without the no-wake zone in place. Sturney stated the main issue is what the reasonable level for a no- wake zone should be which balances activities by people who would like to use the lake and the erosion concerns. Sturney stated this year the water level was higher than it was last year with an east wind at the peak of the water levels and that Mother Nature can do a lot more than a boat wake can do. Sturney stated another concern is when the no-wake levels are in effect and that in his view three days above some limit seems to make sense. Sturney indicated he is glad to hear that Long Lake has removed the part that said it had to be under the no-wake limit for three days before you could use your boat. Another concern is how and where it is posted. Currently the sign is placed on a garden stake at the launch, which requires people to actually go down to the launch to see whether they can launch their boat or not. Sturney stated he would like to see something more substantial, like perhaps at the dam. Sturney stated since the no-wake restriction is a new thing for Long Lake, he would prefer to see it set at a higher level at first with a possible downward revision should there be a factual presentation of actual studied data evidencing that erosion has taken place. Sturney stated the no-wake ordinance should be as inclusive as it can be in terms of the broadest range of activities that are allowed rather than exclusive. Sturney stated he personally would like a quieter lake more than a busier lake but that it is there for the public and a no-wake sign should not mean go away. Sturney stated he would encourage the Orono City Council to do whatever they can to streamline or simplify the process of erosion mediation. Jim Bigham, 1545 Long Lake Boulevard, stated he went to look at the dam before tonight’s meeting and that it is between 185’ and 190’. Bigham stated he is not sure how that relates to the numbers discussed earlier tonight, but noted the dam is the only place people really have to look at to see what the lake level is. Bigham stated he does not want his shoreline eroded but that the level of the water is down considerably since April. Bigham stated in his view there should not be more regulations than what there really needs to be and that he should be able to go over to the marking on the dam to see what the real elevation of the lake is. Bigham indicated he does not have any idea of what 944 or 945 means, nor does he have any way of measuring that, but that he can look at his dock and tell how deep the water is. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 11 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 23 (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Bigham stated there are bigger problems with Long Lake than the no-wake zone. Bigham indicated last summer he contacted the DNR about the water flowing over Long Lake Road even though the lake was down. In addition, something killed the milfoil on the lake last year, which seems to be a bigger concern than this. Bigham stated he is not sure where the water is coming from that flows over the road and that he does not see how the residents will be able to know what the elevation of the lake is on a particular day. Bigham noted jet skis are no longer allowed after 6:00 p.m., which was done through a Joint Powers Agreement, but basically helps keep people off the lake. Bigham stated Long Lake is a public lake and should be viewed that way. Bigham stated he is also not sure what minimum wake means and asked whether the ordinance covers motorized only or motorized and non-motorized. Gaffron stated to his understanding it would be motorized. The definition that is in the ordinance for slow no-wake is the operation of a water craft at the slowest possible speed necessary to maintain steerage but in no case greater than five miles an hour. Bigham noted the language uses the word water craft rather than motorized. Gaffron stated the definition of water craft is “any and all kinds or types of flotation vessels designed for use on the water whether or not motorized”. Bigham noted that would cover paddle boats, any type of water craft being rowed, such as kayaks and paddle boards. Bigham stated people should be able to use the lake. Mayor McMillan closed the public hearing at 8:33 p.m. McMillan noted she spent time serving as the LMCD representative for Orono back in the 1990s, and the high water was always a big issue. McMillan stated in her view it is best not to add regulations if they can be avoided and that she appreciate the public comments received this evening. McMillan stated she is in agreement after looking at the chart that 945’ is probably too low and that if there is regulation, it should be reasonable. McMillan stated in her view the notification piece also needs to be figured out and that she has a concern about people who live on the lake receiving tickets since they have to be more diligent about knowing the water level. MacMillan stated in her opinion the daily water level should be on both cities’ websites. Printup asked if that chart was given to the Long Lake City Council. Diavik indicated he just sent it today electronically. Printup asked if Long Lake is done with the ordinance. Gaffron noted they have amended it once and that they may need to amend it again. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 12 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 23 (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Printup stated he found the chart very helpful as well as the public comments. Printup stated he does not want to have two sets of numbers. Diavik stated he did call the Long Lake City Clerk today and that the 945’ is the number that is currently in the ordinance. Diavik indicated that is well below the top of his riprap and that he only has a concern when it goes above the riprap. Diavik stated the lakeshore will experience erosion whether there is a high wake or no wake since that is what nature does and that he encourages people to have riprap to help prevent the erosion. Bremer stated the City Council does have some limited information from Long Lake regarding the history. Bremer noted the DNR stated the original numbers did seem too low and instead suggested 944’ or 945’ but that the City does not know any more history than that. Bremer stated in her view Orono should not move forward based on the limited information, especially in light of the public comments from people who live on the lake. Bremer stated she would feel more comfortable not acting on it tonight since it appears that the 945.5’ is the better number. Levang stated she would like the application tabled until Long Lake has a chance to review it again. Anderson stated perhaps language could also be included stating that Orono could revisit this in another year or two if Long Lake gets to the point where they have had a chance to evaluate the 945.5’ versus the 945’. Printup stated he does not want to approve arbitrary numbers and that perhaps Long Lake will review the new information submitted and come to a different conclusion. Levang noted one of the concerns also raised was regarding the signage. Anderson stated the signage should be on the dam as well as the landings. McMillan stated she would also like it included on the cities’ websites. McMillan stated she cannot understand the restriction on non-motorized craft and that perhaps they should look at what the LMCD says in regards to that. A person in the audience stated the rowing club boats row fast and that the chase boats are designed to leave a minimal wake but that they have wakes all over the place just basically keeping up with the rowing team. The rowing teams would also likely fall under the no-wake rule. Bremer stated it appears that the rowing teams are creating some significant wakes and that the City should perhaps consider leaving non-motorized craft in but perhaps raising the level. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 13 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 23 (7. LONG LAKE SLOW NO WAKE REGULATIONS (PUBLIC HEARING) – ORDINANCE – TABLED, Continued) Mattick suggested the City Council make a motion tabling the item and direct Staff to follow up with Long Lake on the 945’ versus 945.5’ as well as the signage and non-motorized component of the definition. Bremer moved, Anderson seconded, to table the Long Lake Slow No-Wake Regulations with Staff being directed to communicate with the staff of Long Lake on the 945’ versus 945.5’ or another number, the signage, and the definition of motorized and non-motorized. VOTE: Ayes 5, Nays 0. 8. NEW JOINT USE DOCK LICENSE – PIRATES COVE (PUBLIC HEARING) – RESOLUTION NO. 6406 Gaffron stated at the last City Council meeting Staff was directed to draft a resolution granting a joint use dock license to the Pirates Cove Homeowners Association subject to holding a public hearing. Notice of the public hearing was posted, mailed to all property owners within 350 feet of the dock location, and published in the legal newspaper. A resolution granting a joint use dock license follows the City’s standard format for such licenses but includes the following conditions specific to this site: 1. One slip allowed for each of the four off-lake owners; the two riparian owners limited to combined total of three slips; 2. Applicants to provide City with a copy of the “re-stated easement agreement”; 3. The license is issued for 2014. The 2015 license removal will require a detailed survey of the land portion of the easement area per conditions of Resolution No. 5990. Gaffron noted a couple of minor revisions were made to the resolution that is before the City Council; namely correcting the numbers on Page 3 for the riparian owners, and on Page 4, Item 5, the text was slightly revised to reflect that the homeowner’s association is for the off-lake owners and the two riparian owners are not part of that association. Gaffron noted the LMCD, when looking at the license, would take into account the lakeshore properties as well. Gaffron noted the property owners have provided a slightly revised drawing that shows the joint dock system as well as the proposed existing docks for the two riparian owners. Gaffron stated he was also told tonight that there is a slightly revised version of the layout which does not change the location but adds some notations that can be explained by the representatives of the property owners. Gaffron noted staff is recommending approval of the resolution. Mayor McMillan opened the public hearing at 8:47 p.m. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 14 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 23 (8. NEW JOINT USE DOCK LICENSE – PIRATES COVE (PUBLIC HEARING) – RESOLUTION NO. 6406, Continued) John Biglow, Attorney-at-Law, stated he represents the Broghammers. Biglow stated two weeks ago he spoke to the City Council regarding the rights of the riparian owners as well as the easement owners. Since the beginning of this application, the land owners have been working diligently to resolve some issues that resulted in litigation. Those issues have eventually been resolved. Biglow noted he did meet with Mr. Gaffron tonight in order to provide to him a clarified survey which not only includes the proposed dock for the joint dock application but will help clarify where the position of the dock will sit or start. Biglow stated he hopes the information will help the City Council make their decision tonight and then revisited annually. Biglow noted two weeks ago when he discussed this with the City Council, it was indicated that a similar configuration would be presented to the LMCD. Biglow stated he also spoke with Mr. Gaffron regarding the requested changes in the resolution and that the parties are in agreement with the proposed revisions. Biglow stated it should be noted under Paragraph 5 on Page 4, the joint dock application is actually just for the easement holder’s dock, which would include four slips. Biglow stated the homeowners association could be defined as the four slips. Biglow stated when the property owners approach the LMCD, it is true the LMCD will look at all the slips available for that stretch of lakeshore, but that it should be made clear that the Pirates Cove homeowners association is essentially just looking for the joint dock permission of four slips. Stewart Elger, Attorney-at-Law with Stinson, Leonard, stated he is here on behalf of the riparian property owners and that they stand in support of the application for the joint use dock license. As Staff pointed out, the riparian owners are entitled under the applicable regulations and codes to three slips cumulative between them, which are pointed out in the application. The riparian property owners also support the change Mr. Biglow mentioned, which would change the number of slips for the off-lake property owners from seven to four in Paragraph D5. Elger stated as Mr. Biglow pointed out, the riparian owners are not participating in the Joint Use Dock and that his clients are agreeable to the depiction that is shown on the overhead. Elger stated the overhead shows the definite location of the joint use dock. Elger noted one item in particular that was formalized today is that the southern-most edge of the joint use dock will lie on a line that begins on the shoreline 21 feet from the lot line. Elger stated that notation has also been made on the survey. The southern edge of the dock will follow a line that will extend out into the water from that point. The dock is 42 feet in width total and would include all docking materials, structures and boats that can be contained within the dock use area that has been agreed upon among the parties through the process of the litigation. Elger indicated they are also in agreement with the changes to the resolution that would switch the numbers in Paragraph B of the recitals. Elger stated the numbers were inverted and were switched back to reflect that the riparian property owners have three slips and the off-lake property owners having four slips. Mayor McMillan closed the public hearing at 8:56 p.m. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 15 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 23 Bremer asked if the resolution before the Council is the revised resolution. (8. NEW JOINT USE DOCK LICENSE – PIRATES COVE (PUBLIC HEARING) – RESOLUTION NO. 6406, Continued) Gaffron indicated it is. McMillan asked if the four slips will be under the joint use dock license. Gaffron stated the application will be for four slips rather than seven. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6406, a Resolution Directing Staff to Issue a Joint Use Dock License to Pirates Cove Homeowners Association Subject to Conditions Noted Herein for the Period of January 1, 2014, to December 31, 2014. VOTE: Ayes 5, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *9. PURCHASE NEW DUMP TRUCK WITH PLOW AND SANDER Levang moved, Bremer seconded, to approve the purchase of a one-ton dump truck with plow and sander from the identified vendors in the amount of $76,248.00 and to approve sending the current one-ton dump truck with plow and sander to a public auction for sale. VOTE: Ayes 5, Nays 0. *10. NORTH WATER TOWER REPAINTING PROJECT – CHANGE ORDER NO. 2 Levang moved, Bremer seconded, to approve Change Order No. 2 in the amount of $3,135.00 to Classic Protective Coatings, Inc. VOTE: Ayes 5, Nays 0. 11. WATERTOWN ROAD AND STUBBS BAY ROAD FEASIBILITY STUDY Struve noted the City Council approved a proposal from Bolton and Menk to complete a feasibility study for Watertown Road. At that meeting the City Council directed Staff to also include Stubbs Bay Road from Watertown Road to Bayside Road, which has been done. The findings and cost estimates in the feasibility study have been updated to reflect the addition of Stubbs Bay Road. David Martini, Bolton & Menk, stated the feasibility study on Watertown Road has been completed. Watertown Road ends at McCulley Road on the west end and goes to the east limits of the city. It is designated as a municipal state aid road. The portion west of Willow Drive has an average width of 24 feet and the bituminous depths range from 2.5 inches to 4.5 inches. The portion of the roadway between Watertown Road south to Bayside Road is a local road and has widths that vary between 20 to 24 feet, with little to no aggregate base under the roadway. Martini indicated the roadways have been broken up into different sections in the feasibility study. Section 1 consists of the western portion of Watertown Road, Section 2 consists of Stubbs Bay Road, and Section 3 is the eastern portion of Watertown Road. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 16 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 23 (11. WATERTOWN ROAD AND STUBBS BAY ROAD FEASIBILITY STUDY, Continued) Martini stated during the study they were looking at two options for improving Watertown Road. The first option was a one inch mill of the existing pavement and a three to four inch overlay. It was determined that that option had an estimated life of eight to ten years based on the condition of the existing pavement and subgrade. The other option looked at was a full depth pavement reclamation, which has an estimated life of 20 years with the belief that it could be extended with routine maintenance to the pavement section. Martini noted the City Council requested additional information to help in evaluating those two options. One of the items provided in the updated report is a graphic that is intended to show how pavement conditions change over the life of a roadway. Martini indicated the red colored line generally shows how the condition of a pavement changes with the life of the roadway. When the pavement is newer, the road is in excellent condition, with the condition of the pavement gradually dropping over the course of a number of years. The first 40 percent drop in the quality of the road occurs over the first 75 percent of the life of the road. The next 40 percent drop in quality occurs the next 12 percent of the life of the road. Martini noted the right half of the graphic depicts how the two options will likely play out over time. In the reclamation option, there is an initial spike in the condition of the roadway based on the improvements. As it relates to the improvements, under the reclamation process the existing blacktop along with the aggregate base will be removed, grinded up, and then laid back down. There will then be a new pavement surface laid over the top of that. Martini stated when you compare it to the mill and overlay, it resets the performance curve since the base of the road has been repaired and the life of the roadway basically doubles. If regular maintenance is performed, the life of the roadway may be up to three times the life expectancy of a mill and overlay. Martini explained under the mill and overlay option, the performance curve is not reset since the base of the roadway is not being replaced. Under the mill and overlay scenario, once the life of the mill and overlay is exhausted, then the pavement condition is back to a similar state as to what it is currently and a new discussion on what improvements should be made will need to occur. Martini stated ultimately they prefer to get 30 years of life out of the roadway. Under the reclamation option, the estimated total cost for 30-plus years would be $3.2 million, including some type of sealant and an eventual mill and overlay. The mill and overlay option for 30-plus years is $3.8 million, which includes the initial cost of the mill and overlay plus a reclamation somewhere down the road and preventative maintenance. Martini stated the important thing to remember when comparing the options is that under the mill and overlay option the majority of the costs occur over a 10-year period. Under the reclamation option, the preventative maintenance costs are extended over a longer period of time. Martini stated he would recommend the full-depth reclamation project, which would include reclamation of the existing material with a four-inch overlay, excavation and replacement of the sub-grade materials where there is significant distress, and replacement of drainage structures. Martini stated drainage is a key element to extending the life of the roadway. Martini noted a maximum of 20 percent of the underlying subgrade can be reconstructed before Municipal State Aid standards need to be met and that the initial costs for the reclamation project is projected to be around $2 million. Bremer asked if the 30 years is based on a general average or based on the conditions in this area. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 17 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 23 (11. WATERTOWN ROAD AND STUBBS BAY ROAD FEASIBILITY STUDY, Continued) Martini stated it is generally based on a roadway that is routinely being maintained in this area. Martini stated if the roadway is being taken care of, that 30 years could likely be extended. McMillan asked how much cheaper it is to perform the mill and overlay. Martini indicated they had estimated the actual mill and overlay at $1.4 million. Martini stated some added improvements are being done under the reclamation job but at the end of the day the amount of the new pavement section will be the same under either option. Levang asked what kind of condition the drainage ditches are in. Martini stated in his view the culverts should be replaced and are likely full of sediment in a number of places. Martini indicated ditches tend to fill up with sediment over time and lose their effectiveness. Levang asked if the width of the road needs to be changed similar to Willow. Struve stated the difference with Willow was that they had to fully reconstruct the road and disturb 100 percent of the underlying subgrade since it was unsuitable to build on. Struve stated in this case they are proposing to reclaim a portion of Watertown Road but not reclaiming all of it. Struve indicated they will be excavating certain portions under the 20 percent limit which then means the City does not need to meet the state aid standards. Struve stated if the road was fully reconstructed, it would be in excess of $7 million since, in addition to widening the road, there are some curve issues that could potentially require purchasing easements and right-of-ways and multiple years of construction. Levang stated for a number of reasons the reclamation is a good option. Martini stated Staff believes the reclamation option is the best option. McMillan stated with the three sections taken together, it is questionable whether the City would have the necessary funds available and that it gets down to the question of what portions should be done. McMillan stated it also raises the question that the third section may not get done for a couple of years, and that if the City is going to go down the path of reclaiming Watertown Road, she would like to have a public hearing. Martini stated at some point it may make sense to have a public information meeting on the pavement management plan and that this project is part of that bigger picture. Levang asked if one section is worse than the other and whether one is a priority over the other. Martini indicated he would need to take a look at that but that generally speaking the road is in pretty poor shape. McMillan commented there is probably more traffic on the east end of the road. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 18 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 23 (11. WATERTOWN ROAD AND STUBBS BAY ROAD FEASIBILITY STUDY, Continued) Struve noted the City does not have any current traffic counts from Watertown. McMillan asked what the next step would be and when the City Council should revisit this proposal. Martini stated they are planning on bringing the draft facility plan to the City Council sometime in July and the City Council can determine which direction they would like to proceed in at that time. Struve stated if the Council decides to go forward at that time with the project in 2015, which should give enough time for Bolton & Menk to complete the plans and specifications. McMillan suggested the feasibility study be posted on the City’s website with a note that the City Council will be revisiting this item in August. The City Council took no formal action on this item. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, CONTINUED Struve reported the Public Works Department has been busy fixing potholes the past two weeks. MAYOR/COUNCIL REPORT Levang reported she and the Mayor attended a NEMO workshop, which stands for Nonpoint Education for Municipal Officials. The workshop was sponsored by the University of Minnesota and is designed to help government officials understand water quality. Levang stated she found the workshop very helpful in understanding how stormwater is managed and that she is looking forward to attending the other two workshops in July and September. McMillan noted the City Council has received some emails regarding docks at public beaches and that she would recommend the Park Commission discuss that at their July meeting. McMillan stated she would like some follow-up on the issue so the City Council knows if the City is on the right direction at each park. McMillan stated the Star Tribune had a nice write-up on the Navarre Community Initiative and their drive encouraging people to donate their extra hostas and lilies for planting at the Navarre Park on June 7. McMillan reported she received a call regarding fishing on East Long Lake Road. One of the concerns raised was that people were parking off the road and creating erosion issues. Currently the road is posted no parking. McMillan stated in her view the City Council should look at that a little more thoroughly since it is her belief that people are supposed to park at Summit Beach and not on the roadway. McMillan noted the police cannot ticket the cars if they are off the road. Printup commented he is surprised there is sufficient room to park off the road in that area. Gaffron stated there is one spot on what is likely private property that people might be utilizing. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 19 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 23 CITY ADMINISTRATOR’S REPORT 12. LAKE MINNETONKA SCENIC BYWAY Loftus stated Wayzata has proposed a Lake Minnetonka scenic byway, with discussions going on for approximately the past year. In February Wayzata hosted an informational meeting with representatives from the 14 lake communities. Loftus stated Staff’s memo includes the responses received from the various cities on whether they would be interested in pursuing further study of the scenic byway. Loftus stated the draft resolution proposed by Wayzata has been included in the Council’s packet. Loftus suggested the City Council discuss the pros and cons of the scenic byway. Loftus indicated she has received calls from two former mayors regarding the long history that Orono has had with traffic on those county roads and their capacity. Traffic counts have been obtained from Hennepin County on County Roads 15 and 51 in Orono. Printup asked what this stretch of roadway is designated as in the Comprehensive Plan. Gaffron stated the Comprehensive Plan designates them largely as scenic parkways and consist mainly of county roads. The intent originally was to give them a designation that attempts to limit the amount of traffic on them while at the same time knowing that they provide access to a variety of houses. Gaffron stated a number of the scenic routes being proposed have houses every 100 feet. Printup stated it is interesting that Orono has been kind of ahead of the curve in attempting to keep traffic counts down over the past four decades but yet recognizing that scenic parkways are a way to help preserve the area. Printup stated he does not see how it makes sense for Orono to jump on board with the scenic byway since Orono has already designated a number of the roads as scenic parkways and traffic is already a concern. Bremer indicated she is in agreement with Council Member Printup. Bremer noted there were two local cities who indicated they are not in favor of the scenic byway and that other cities have not weighed in yet on the matter. Bremer stated she is struggling to figure out what the benefit would be to Orono. Bremer noted the Noerenberg Garden is a wonderful, well-used amenity, and frequently hosts groups from around the metro area that hold photography classes and other different events. Bremer stated in her view those events are doing fine as they are and that she has a concern with adding more traffic to the roadways as well as joggers and bikers. Bremer stated she personally likes Minnetonka Beach’s approach, which was to send a letter, and that she would recommend Orono do something similar. Bremer stated she also would like to still keep receiving information on the scenic byway. Levang indicated she also is not in favor of the scenic byway for the reasons already stated but especially given the amount of traffic and the lack of economic benefit to Orono. Levang stated Noerenberg Garden is already well used and that she does not really see how it would benefit Orono. Levang stated in her opinion a letter would be sufficient and that she would also like to continue to receive information on the progress or lack of progress being made on the project. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 20 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 23 (12. LAKE MINNETONKA SCENIC BYWAY, Continued) Mattick stated resolutions always look more formal and that Wayzata is merely looking for support. Mattick stated the City Council can choose to inform Wayzata in a different way other than a resolution. Anderson stated the letter is a softer way rather than a resolution to say that Orono is not interested but would still like to receive information on the project. McMillan stated she gets the sense that there is a marketing element to this and that the scenic byway will be marketed in different ways to the general metro population. McMillan stated she also has concerns about the amount of signage that would need to be installed and the visual clutter that would be created. McMillan stated a large number of people already know about the Dakota Trail and that the Minnetonka area already has a fair number of visitors. McMillan stated marketing of the area might be better handled by the local chambers of commerce. Levang stated there will be some unknown costs associated with this which will also need to be considered at some point. McMillan indicated she is in favor of sending a letter rather than a formal resolution. McMillan suggested some language be included asking Wayzata to keep Orono updated on the project. Printup noted Orono has a long history of consistently preserving scenic areas. Bremer moved, Levang seconded, to direct Staff to draft a letter setting forth the City’s historic commitment for preservation of scenic pathways and requesting Orono be kept updated on any progress being made, with Mayor McMillan being given authority to review and sign the letter. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus reported that the docks on Big Island have been placed in the water and that she would like to thank Gabriel Jabbour and Tonka Bay Marina for storing the docks over the winter. Loftus noted last winter the City experienced some vandalism that made it difficult to store the docks in the bay. Loftus noted on the Consent Agenda one of the items was the resignation of the Public Works Director/City Engineer. Loftus stated she would like to thank Jesse Struve for his service and that he will be moving on to Brooklyn Park. Staff will be advertising for that position in the near future. Loftus stated she will be looking for two city council members who would be interested in being a part of the recruitment process. Levang indicated she would be willing to volunteer and help out with the recruitment process. Loftus stated as it relates to the community development director that was approved on the Consent Agenda, Andrew Mack will be starting in mid June. Loftus stated the City is taking a new look at how the City is approaching their overall planning. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 21 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 23 (CITY ADMINISTRATOR’S REPORT, Continued) Loftus reported Staff has also been working hard looking at improving the City’s internet service. One of the things the City accomplished with the Mediacom negotiations was a fiber connection to the city hall building the new service contract will provide 20 times the band width at a slight cost savings. Loftus stated the improved bandwidth will allow Staff to utilize computer systems including, the GIS system in a faster manner. The new band width also opens up the door for new technologies and storage capacities. *13. PUBLIC WORKS DIRECTOR/CITY ENGINEER Levang moved, Bremer seconded, to approve the Public Works Director/City Engineer position for advertisement. VOTE: Ayes 5, Nays 0. *14. COMMUNITY DEVELOPMENT DIRECTOR APPOINTMENT AND ORGANIZATIONAL CHART Levang moved, Bremer seconded, to appoint Andrew Mack to the position of Community Development Director and to amend the organizational chart. VOTE: Ayes 5, Nays 0. *15. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR Levang moved, Bremer seconded, finding that the performance evaluation for City Administrator Jessica Loftus is satisfactory. *16. MEDIACOM INTERNET SERVICE AGREEMENT Levang moved, Bremer seconded, to approve the 60-month service agreement with Mediacom for 30 Mbps internet services. VOTE: Ayes 5, Nays 0. *17. LICENSES AND PERMITS Garbage & Refuse Collector License 1. Vintage Waste Systems, Inc. 520 Tamarack Avenue Long Lake, MN 55356 Levang moved, Bremer seconded, to approve the above-listed license. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 22 of 23] MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 23 *18. CLAIMS/BILLS Levang moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Printup moved, Bremer seconded, to adjourn the Orono City Council meeting at 9: 49 p.m. VOTE: Ayes 5, Nays 0. ATTEST _______________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 06/09/2014 Approval of Council Minutes 05/27/2014 [Page 23 of 23] Item #04 - CC Agenda - 06/09/2014 Presentation - City of Mound, Mayor Mark Hanus [Page 1 of 1] Item #05 - CC Agenda - 06/09/2014 Presentation - Tour de Tonka [Page 1 of 6] Item #05 - CC Agenda - 06/09/2014 Presentation - Tour de Tonka [Page 2 of 6] Item #05 - CC Agenda - 06/09/2014 Presentation - Tour de Tonka [Page 3 of 6] Item #05 - CC Agenda - 06/09/2014 Presentation - Tour de Tonka [Page 4 of 6] Item #05 - CC Agenda - 06/09/2014 Presentation - Tour de Tonka [Page 5 of 6] Item #05 - CC Agenda - 06/09/2014 Presentation - Tour de Tonka [Page 6 of 6] Item #06 - CC Agenda - 06/09/2014 No Wake Ordinance [Page 1 of 29] Item #06 - CC Agenda - 06/09/2014 No Wake Ordinance [Page 2 of 29] Item #06 - CC Agenda - 06/09/2014 No Wake Ordinance [Page 3 of 29] Item #06 - CC Agenda - 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CC Agenda - 06/09/2014 File #14-3671 [Total Pages 40] Item #14 - CC Agenda - 06/09/2014 File #14-3671 [Total Pages 40] Item #14 - CC Agenda - 06/09/2014 File #14-3671 [Total Pages 40] Item #14 - CC Agenda - 06/09/2014 File #14-3671 [Total Pages 40] Item #14 - CC Agenda - 06/09/2014 File #14-3671 [Total Pages 40] Item #14 - CC Agenda - 06/09/2014 File #14-3671 [Total Pages 40] Item #14 - CC Agenda - 06/09/2014 File #14-3671 [Total Pages 40] Item #14 - CC Agenda - 06/09/2014 File #14-3671 [Total Pages 40] Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 1 of 138] Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 2 of 138] CONTRACTOR: OBSERVER: INFORMATION RECORD DRAWING DATE: JUNE, 2014 CONSTRUCTION PLANS FOR CITY OF ORONO NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR 651-454-0002. THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." DATE:LIC. NO. PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED Bolton & Menk, Inc. 2014, All Rights Reservedc PROJECT DATUM HORIZONTAL: HENNEPIN COUNTY COORDINATES (NAD83 - 1986 ADJ) VERTICAL: NAVD88 H:\ORNO\C13108213\CAD\C3D\SHEETS\108213_TTL.DWG 06/02/2014 1:54 PM SHEET NO. SHEET INDEX TITLE 1.01 1.04 CONSTRUCTION DETAILS TITLE SHEET SECTION 1: GENERAL 2.01-2.04 SECTION 2: CONSTRUCTION 1.03 GENERAL PLAN LAYOUT PLAN & PROFILE SHEET OF REST POINT ROAD STREET REHABILITATION PROJECT LIMITS HENNEPIN COUNTY, MN SCALE 2000 BID LOCATION MAP LEGEND MAP OF THE CITY OF ORONO FEETSCALE 4000 APPROVED BYSHEET NUMBERDATE PLAN REVISIONS CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND 1.02 LEGEND 8 BRIAN D. SIMMONS 48766 6/3/2014 TITLE SHEET REST POINT ROAD STREET REHABILITATION CITY OF ORONO 1.01 REST P O I N T R O A D REST P O I N T C I R C L E REST P O I N T L A N E COU N T Y R O A D 1 9 COUNTY R O A D 1 9 T O N K A V I E W L A N E WIL D H U R S T T R A I L TON K A V I E W L A N E G A R D E N C T N C O U N T Y R O A D 1 9 PROJECT LOCATION Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 3 of 138] WETLAND - DELINEATED WETLAND / MARSH DITCH TOP TILE LINE WATER EDGE OVERHEAD ELECTRIC LINE UNDERGROUND ELECTRIC LINE GAS LINE FIBER OPTIC LINE UNDERGROUND COMMUNICATIONS LINE OVERHEAD UTILITY LINE WATER SYSTEM STORM SEWER SANITARY SEWER SANITARY FORCEMAIN CULVERT INTERMEDIATE CONTOURS INDEX CONTOURS ADJACENT LINES EASEMENT LINE BUILDING SETBACK LINE FENCE LINE GUARD RAIL ACCESS CONTROL LINE CENTERLINE PROPERTY / LOT LINE ROAD RIGHT-OF-WAY LINE RAILROAD RIGHT-OF-WAY LINE GRAVEL EDGE BITUMINOUS EDGE CONCRETE EDGE CURB & GUTTER WATER CENTERLINE WATER VALVE WATER METER WELL BUSH STUMP CONIFEROUS TREE DECIDUOUS TREE VENT PIPE VACUUM UTILITY POLE TRANSMISSION TOWER TILE INLET PUBLIC TELEPHONE TELEPHONE MANHOLE WATER SPIGOT SIREN SIGNAL POLE - RR SIGNAL BOX SPRINKLER HEAD TRAFFIC SIGN SEMAPHORE TRAFFIC LIGHT SOIL BORING SATELLITE DISH PARKING METER POST INDICATOR VALVE GAS PUMP PARK GRILL ORDER MICROPHONE MONITORING WELL LIFT STATION MANHOLE MANHOLE POST METER MAILBOX LIGHT POLE LIGHT DECORATIVE IRRIGATION CONTROL VALVE HYDRANT HAND HOLE HANDICAPPED PARKING ACCESS GRATE GAS METER GAS VALVE GAS REGULATOR FILL PIPE FLAG POLE EXHAUST VENT ELECTRIC TRANSFORMER ELECTRIC PEDESTAL ELECTRIC METER DOWN SPOUT DRINKING FOUNTAIN CURB STOP VALVE CLEAN OUT CONTROL POINT CLOTHES LINE POLE CATCH BASIN BRACE POLE BENCH BIRD FEEDER BASKETBALL HOOP TRAFFIC ARM BARRIERAPRON AIR PUMP ANCHOR AIR CONDITIONER ANTENNA AUTO SPRINKLER BENCH MARK STONE MONUMENT FOUND CAST IRON MONUMENT FOUND MONUMENT FOUND IRON PIPE MONUMENT SET EXISTING WETLAND EDGE COUNTY LINE CITY LIMITS SIXTEENTH LINE QUARTER LINE SECTION LINE HIGHWATER LINE SWALE CENTERLINE RAILROAD TRACKS TREE DRIP LINE SHEETDATEBYREV.DESIGNED DRAWN DATELIC. NO. CHECKED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OF COMMUNICATION PEDESTAL POST SET WATER MANHOLE ELECTRIC MANHOLE GAS MANHOLE SANITARY MANHOLE STORM MANHOLE CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND C L W S D W TILE RISER ΞBolton & Menk, Inc. 2013, All Rights Reserved DECIDUOUS TREE BUSH CONIFEROUS TREE WETLAND GUARD RAIL SOIL BORING SIGN LIGHT POLE SANITARY MANHOLE NUMBER HYDRANT W/ VALVE SLEEVE CAP TEE CROSS REDUCER BEND WATER SYSTEM MANHOLE WATERMAIN SERVICE SANITARY SEWER SERVICE SANITARY MANHOLE STORM MANHOLE NUMBER STORM DRAIN TILE APRON STORM INLET CURBSTOP WATERMAIN CONSTRUCTION LIMITS ALIGNMENT/CENTERLINE TEMPORARY EASEMENT RIGHT-OF-WAY LINE SILT FENCE-PREASSEMBLED CONCRETE EDGE SILT FENCE-HEAVY DUTY CURB & GUTTER BITUMINOUS EDGE GRAVEL EDGE MANHOLE SANITARY LIFT STATION SANITARY FORCEMAIN EROSION PROTECTION AT INLET CATCH BASIN SANITARY SEWER STORM SEWER HYDRANT VALVE PERFORATED PIPE DRAIN CULVERT W/APRON CURB & GUTTER (OUT) L AA 1 PROPOSED 22+00 BRIAN D. SIMMONS 48766 6/3/2014 MSB MSB BSD CITY OF ORONO REST POINT ROAD STREET REHABILITATION LEGEND 1.02 8H:\ORNO\C13108213\CAD\C3D\SHEETS\108213_LEG.DWG 05/30/2014 2:38 PM TURF REINFORCEMENT MAT (WITH 25-131 SEED MIX) AGGREGATE DRIVEWAY RECLAIM AND PAVE Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 4 of 138] 100+ 0 0 101+ 0 0 102+ 0 0 103+ 0 0 104+ 0 0 105+ 0 0 106 + 0 0 107 + 0 0 108 + 0 0 109 + 0 0 11 0 + 0 0 11 0 + 6 2 2 0 0 + 0 0 20 1 + 0 0 202+0 0 203+0 0 204+ 0 0 2 0 5 + 0 0 2 0 6 + 0 0 20 7 + 0 0 20 7 + 0 1 SHEETDATEBYREV.DESIGNED DRAWN DATELIC. NO. CHECKED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OF CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, NDΞBolton & Menk, Inc. 2014 , All Rights Reserved BRIAN D. SIMMONS 48766 6/3/2014 MSB MSB BSD CITY OF ORONO REST POINT ROAD STREET REHABILITATION GENERAL PLAN LAYOUT 1.03 8H:\ORNO\C13108213\CAD\C3D\SHEETS\108213_GPL.DWG 05/30/2014 2:38 PM FEETSCALE 0 10050 LEGEND CONSTRUCTION PLAN PROPOSED CONSTRUCTION2.XX REST P O I N T R O A D RE S T P O I N T R O A D REST P O I N T C I R C L E COUNTY R O A D 1 9 REST P O I N T L A N E COUN T Y R O A D 1 9 T O N K A V I E W L A N E 2.01 2.0 2 2.03 2 . 0 4 Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 5 of 138] SHEETDATEBYREV.DESIGNED DRAWN DATELIC. NO. CHECKED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. OF CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, NDΞBolton & Menk, Inc. 2013, All Rights Reserved BRIAN D. SIMMONS 48766 6/3/2014 MSB MSB BSD CITY OF ORONO REST POINT ROAD STREET REHABILITATION CONSTRUCTION DETAILS 1.04 8H:\ORNO\C13108213\CAD\C3D\SHEETS\108213_DET.DWG 06/3/2014 2:54 PM 9" RECLAIMED AGGREGATE BASE CL VARIES 12'-18' WIDTH SLOPE VARIES TYPICAL SECTION REST POINT ROAD REST POINT CIRCLE EXISTING SUBGRADE 1.5" TYPE SP 9.5 WEARING COURSE (2,B) (SPWEA230B) (2360) SLOPE VARIES BITUMINOUS CURB BITUMINOUS WEARING COURSE 6" 1/2" TO 3/4" 8 1/2" COMPACTED SUBGRADE UNDISTURBED OR GRANULAR BASE COURSE 8" 2 " R A D 1" R A D BACKFILL W / SELECTED SOIL BITUMINOUS CURB BASIS FOR BACK OF CURB SILT FENCE - HEAVY DUTY NOT TO SCALE DIRECTION OF RUNOFF FLOW 2' - 0 " M I N 4" 6" STEEL STUDDED 'T' POST 5' MINIMUM LENGTH POSTS AT 6' MAXIMUM SPACING FABRIC ANCHORAGE TRENCH BACKFILL WITH TAMPED NATURAL SOIL GEOTEXTILE FABRIC, 36" WIDE (SEE NOTE 1) FASTEN GEOTEXTILE FABRIC TO POST WITH PLASTIC ZIP TIES (3 MINIMUM) NOTE: 1. GEOTEXTILE FABRIC SHALL BE PER MnDOT SPEC 3886 STREET SURFACE MAILBOX INSTALLATION NOT TO SCALE 41 " - 4 5 " MIN 6" MAX 8" STEEL TENSION CABLE CU R T A I N D E P T H 3 4 CURTAIN WEIGHT STEEL TENSION CABLE AND CARRIER FLOAT 2 F T . T O 1 0 F T . SILT FENCE ANCHOR POINT A ANCHOR POINT B SILT FENCE Y Y TOE OF SLOPE ANCHORS IN WATER LAKE OR MARSH FLOTATION SILT CURTAIN, TYPE STILL WATER 2 6 FT. MAX. CU R T A I N D E P T H 2 F T . T O 1 0 F T . FLOTATION SILT CURTAIN - TYPE: WORK AREA AND STILL WATER PLAN VIEW (TYPE: STILL WATER) VARIABLE LENGTH CURTAIN FABRIC 7 1 ANCHOR CABLE ANCHOR SECTION Y-Y NOTES: 1 2 CURTAIN EXTENDS TO 1 FT. MAXIMUM FROM BOTTOM OF WATER BODY. FOR ANCHOR AND WEIGHT REQUIREMENTS, SEE MN/DOT SPEC. 2573. 3 4 5 KEEP AS CLOSE TO WORK AREA AS POSSIBLE. WATER DEPTH CAN BE 0 TO 10 FEET SILT CURTAIN HEIGHT INCLUDES MAXIMUM WAVE HEIGHT FOR WATER BODY. AGGREGATE DRIVEWAY SUBGRADE PREPARATION (2112) (INCIDENTAL) 8" AGGREGATE SURFACING CL 5 (100% CRUSHED) (2211) CONCRETE CURB TYPE RIBBON BITUMINOUS SURFACE TYP 1'1' (3) #4 REINFORCING BARS 7" CONCRETE PAVEMENT (2301) 3" MIN AGGREGATE BASE, CL 5 (2211) SUBGRADE PREPARATION (2112) GROUND LINE 2.5" TYPE SP 9.5 NON-WEARING COURSE (2,B) (SPNWB230B) (2360) SUBGRADE PREPARATION CONCRETE CURB TYPE SPECIAL BITUMINOUS SURFACE TYP 6" 3" MIN AGGREGATE BASE, CL 5 (2211) SUBGRADE PREPARATION (2112) GROUND LINE 1' 1.5" RADIUS NOT TO SCALE Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 6 of 138] 100+00 101+00 102+00 103+00 104+00 105+00 106+00 925 930 935 940 945 950 955 960 965 970 925 930 935 940 945 950 955 960 965 970 93 0 . 9 4 93 0 . 9 9 93 1 . 0 8 93 1 . 7 1 93 1 . 3 0 93 1 . 6 4 93 1 . 5 2 93 1 . 8 2 93 1 . 7 4 101+00 93 1 . 9 9 93 1 . 9 7 93 2 . 2 1 93 2 . 1 9 93 2 . 5 7 93 2 . 5 5 93 3 . 0 5 93 3 . 1 3 93 3 . 8 4 93 3 . 8 2 102+00 93 4 . 9 2 93 4 . 8 7 93 6 . 4 6 93 6 . 4 7 93 8 . 5 5 93 8 . 6 0 94 1 . 1 7 94 1 . 2 7 94 4 . 4 2 94 4 . 4 2 103+00 94 7 . 6 2 94 7 . 5 6 95 0 . 4 6 95 0 . 4 0 95 2 . 8 3 95 2 . 9 2 95 5 . 0 5 95 5 . 1 3 95 7 . 1 6 95 7 . 1 7 104+00 95 9 . 0 3 95 9 . 0 2 96 0 . 3 8 96 0 . 4 3 96 1 . 3 4 96 1 . 3 8 96 1 . 9 2 96 1 . 9 3 96 2 . 4 0 96 2 . 4 6 105+00 96 3 . 2 7 96 3 . 2 6 96 4 . 3 1 96 4 . 3 1 96 5 . 6 6 96 5 . 6 3 96 7 . 0 2 96 7 . 0 4 16.1 1 % 10.21% 2.35% 1.10% 3.36% 16.1 1 % 10.21% 2.35% 1.10% 3.36% SHEETDATEBYREV. DATELIC. NO. OF DESIGNED DRAWN CHECKED CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND FEETSCALE 0 4020 HORZ. FEETSCALE 0 105 VERT. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ΞBolton & Menk, Inc. 2014 , All Rights Reserved 0711723320037 1375 REST POINT RD MICHAEL B & LYNNE GERLICHER 0711723330011 1385 REST POINT RD DAVID W & JODI L RAHN 0711723330013 1405 REST POINT RD C CAVENDER & B CAVENDER 0711723320061 1371 REST POINT LA THE BANK OF NEW YORK MELLON 0711723320060 1366 REST POINT RD JAMES K & SHEILA LANGHANS07811723330012 1374 REST POINT RD GARY & KATHRYN GANGSTEE 0711723330007 1380 REST POINT RD PENNY ROGERS PETER LANPHER 0711723330006 1386 REST POINT RD JT NYGARD & KM NYGARD 0711723330005 1390 REST POINT RD PATRICK J WALSH 0711723330004 1398 REST POINT RD LYLE K JOHNSON 0711723330002 1400 REST POINT RD LILLIAN D WILLIAMS 0711723330003 1406 REST POINT RD LESTER R & MYRTLE HORN 0711723330001 1410 REST POINT RD LAKE MINNETONKA PROP LLC BRIAN D. SIMMONS 48766 6/3/2014 MSB MSB BSD CITY OF ORONO REST POINT ROAD STREET REHABILITATION 2.01 8 LAKE M I N N E T O N K A REST POINT ROAD S E E S H E E T 2 . 0 2 H:\ORNO\C13108213\CAD\C3D\SHEETS\108213_PP.DWG 06/2/2014 1:49 PM REST POINT ROAD NOTE: CONTRACTOR TO PROTECT ALL POWER POLES, LANDSCAPING, UTILITIES, & ENCROACHING FEATURES THAT ARE NOT REQUIRED TO BE SALVAGED/REINSTALLED TO ACCOMODATE RECLAIMING OF EXISTING PAVEMENT. CONTRACTORS WORK AREA IS CONFINED TO RIGHT-OF-WAY, EXCEPT WHERE SHOWN OTHERWISE, OR EXISTING ROADWAY PAVEMENT TO BE RECLAIMED IS OUTSIDE RIGHT-OF-WAY. NOTES: x MATCH EXISTING BITUMINOUS & CONCRETE DRIVEWAYS. x ADD CLASS 5 LIMESTONE TO GRAVEL DRIVEWAYS. x BITUMINOUS CURB LOCATIONS DETERMINED IN THE FIELD BY THE ENGINEER. x SALVAGE & REINSTALL LANDSCAPE AS REQUIRED. x SALVAGE & REINSTALL MAILBOXES AS REQUIRED. x HYDROMULCH (WITH 22-251 SEED MIX) DISTURBED TURF AREAS. INSTALL 6" CURB TYPE SPECIAL SALVAGE & REINSTALL LANDSCAPING TEMPORARY CONSTRUCTION EASEMENT REMOVE CONCRETE CURB SALVAGE & INSTALL MAILBOX X G U = 9 4 2 . 9 5 X G U = 9 3 8 . 3 9 X G U = 9 3 6 . 0 8 X G U = 9 3 5 . 1 6 NOTE: THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES THAT ARE SHOWN, ARE SHOWN IN AN APPROXIMATE WAY ONLY. IT IS NOT GUARANTEED THAT ANY OR ALL EXISTING UTILITIES ARE SHOWN. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. ADJUST CASTINGSALVAGE & INSTALL MAILBOXSALVAGE & INSTALL MAILBOXSALVAGE & INSTALL MAILBOX ADJUST CASTING SALVAGE & INSTALL MAILBOX ADJUST CASTING SILT CURTAIN SILT FENCE INSTALL TURF REINFORCEMENT MAT (WITH 270 SEED MIX) X TC=930.90 TC= 9 3 0 . 6 7 X X T C = 9 3 1 . 1 5 INSTALL CURB TYPE - RIBBON SALVAGE & INSTALL MAILBOX Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 7 of 138] 106+ 0 0 107+00 108+00 109+00 110+00 110+ 6 2 20 0 + 0 0 20 1 + 0 0 20 6 + 0 0 20 7 + 0 0 20 7 + 0 1 955 960 965 970 975 980 985 990 995 1000 955 960 965 970 975 980 985 990 995 1000 96 5 . 6 6 96 5 . 6 3 96 7 . 0 2 96 7 . 0 4 96 8 . 4 3 96 8 . 4 4 106+00 96 9 . 8 6 96 9 . 8 5 97 1 . 2 9 97 1 . 2 5 97 2 . 5 0 97 2 . 5 9 97 3 . 5 4 97 3 . 6 7 97 4 . 4 3 97 4 . 4 9 107+00 97 5 . 0 5 97 5 . 0 6 97 5 . 4 4 97 5 . 3 7 97 5 . 5 8 97 5 . 6 0 97 5 . 8 0 97 5 . 8 4 97 6 . 0 9 97 6 . 0 7 108+00 97 6 . 4 7 97 6 . 3 9 97 6 . 8 8 97 6 . 8 5 97 7 . 4 7 97 7 . 4 4 97 8 . 2 7 97 8 . 1 8 97 9 . 0 4 97 9 . 0 5 109+00 97 9 . 8 2 97 9 . 9 1 98 0 . 5 8 98 0 . 5 2 98 0 . 8 1 98 0 . 8 7 98 1 . 0 5 98 0 . 9 7 98 0 . 8 6 98 0 . 9 0 110+00 98 0 . 2 3 98 0 . 2 6 97 9 . 0 1 97 9 . 0 1 97 8 . 0 4 111+00 7.02% 1.18% 4.64% 0.04% -6.78% 7.02% 1.18% 4.64% 0.04% -6.78% SHEETDATEBYREV. DATELIC. NO. OF DESIGNED DRAWN CHECKED CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND FEETSCALE 0 4020 HORZ. FEETSCALE 0 105 VERT. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ΞBolton & Menk, Inc. 2014 , All Rights Reserved 0711723320034 1365 REST POINT RD SCOTT NILLISSEN 0711723320030 1310 REST POINT LA STEPHANIE FERRELL 0711723310017 1337 REST POINT CIR ROBERT M ZAUN 0711723310016 1347 REST POINT CIR WILLIAM & REBECCA PINEGAR 0711723320031 1360 REST POINT CIR DAVID B & JENNIFER BOIES JR 0711723320062 1354 REST POINT CIR DENNIS WALSH AMANDA HEIEN 0711723320061 1371 REST POINT LA THE BANK OF NEW YORK MELLON 0711723320060 1366 REST POINT RD JAMES K & SHEILA LANGHANS BRIAN D. SIMMONS 48766 6/3/2014 MSB MSB BSD CITY OF ORONO REST POINT ROAD STREET REHABILITATION 2.02 8 SE E S H E E T 2.0 1 REST POINT ROAD RES T P O I N T C I R C L E RE S T P O I N T CI R C L E R E S T P O I N T L A N E TON K A V I E W L A N E C O U N T Y R O A D 1 9 C O U N T Y R O A D 1 9 SEE S H E E T 2.0 3 SEE SHEET 2.04 H:\ORNO\C13108213\CAD\C3D\SHEETS\108213_PP.DWG 06/2/2014 1:49 PM REST POINT ROAD NOTE: CONTRACTOR TO PROTECT ALL POWER POLES, LANDSCAPING, UTILITIES, & ENCROACHING FEATURES THAT ARE NOT REQUIRED TO BE SALVAGED/REINSTALLED TO ACCOMODATE RECLAIMING OF EXISTING PAVEMENT. CONTRACTORS WORK AREA IS CONFINED TO RIGHT-OF-WAY, EXCEPT WHERE SHOWN OTHERWISE, OR EXISTING ROADWAY PAVEMENT TO BE RECLAIMED IS OUTSIDE RIGHT-OF-WAY. NOTES: x MATCH EXISTING BITUMINOUS & CONCRETE DRIVEWAYS. x ADD CLASS 5 LIMESTONE TO GRAVEL DRIVEWAYS. x BITUMINOUS CURB LOCATIONS DETERMINED IN THE FIELD BY THE ENGINEER. x SALVAGE & REINSTALL LANDSCAPE AS REQUIRED. x SALVAGE & REINSTALL MAILBOXES AS REQUIRED. x HYDROMULCH (WITH 22-251 SEED MIX) DISTURBED TURF AREAS. NOTE: THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES THAT ARE SHOWN, ARE SHOWN IN AN APPROXIMATE WAY ONLY. IT IS NOT GUARANTEED THAT ANY OR ALL EXISTING UTILITIES ARE SHOWN. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. PROTECT WALL ADJUST CASTING Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 8 of 138] 106+00 107+0 0 108+ 0 0 2 0 0 + 0 0 2 0 1 + 0 0 202+00 203+00 204+00 2 0 5 + 0 0 955 960 965 970 975 980 985 990 995 1000 955 960 965 970 975 980 985 990 995 1000 97 5 . 2 8 200+00 97 6 . 4 4 97 6 . 4 2 97 7 . 3 0 97 7 . 2 8 97 7 . 6 4 97 7 . 6 2 97 7 . 3 7 97 7 . 4 8 97 7 . 2 0 97 7 . 2 3 201+00 97 6 . 9 8 97 6 . 9 9 97 6 . 7 4 97 6 . 7 5 97 6 . 5 3 97 6 . 5 3 97 6 . 4 6 97 6 . 4 5 97 6 . 5 4 97 6 . 5 1 202+00 97 6 . 6 4 97 6 . 6 7 97 6 . 8 3 97 6 . 8 3 97 6 . 7 5 97 6 . 7 5 97 6 . 6 2 97 6 . 6 3 97 6 . 2 9 97 6 . 3 2 203+00 97 5 . 7 2 97 5 . 7 2 97 5 . 2 6 97 5 . 2 4 97 4 . 8 9 97 4 . 9 4 97 4 . 8 3 97 4 . 8 3 97 4 . 8 7 97 4 . 8 6 204+00 97 5 . 2 1 97 5 . 2 9 97 6 . 5 4 97 6 . 5 2 97 8 . 2 7 97 8 . 2 7 98 0 . 3 3 98 0 . 3 1 98 2 . 1 9 98 2 . 1 8 205+00 98 3 . 1 3 98 3 . 1 8 98 4 . 0 6 98 4 . 0 7 98 4 . 0 6 98 4 . 0 7 98 3 . 6 5 98 3 . 6 1 98 2 . 8 5 98 2 . 8 5 206+00 5.91% -1.22%0.88%-0.63%-3.04% 0.19% 4.43% -2.13% 8.06% 10.24% 5.91% -1.22%0.88%-0.63%-3.04% 0.19% 4.43% -2.13% 8.06% 10.24% SHEETDATEBYREV. DATELIC. NO. OF DESIGNED DRAWN CHECKED CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND FEETSCALE 0 4020 HORZ. FEETSCALE 0 105 VERT. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ΞBolton & Menk, Inc. 2014 , All Rights Reserved 0711723310019 4545 NORTH SHORE DR HAROLD L & CAROL A ALBRECHT 0711723310020 1336 REST POINT CIR JANICE K DE MATTEO0711723310021 1340 REST POINT CIR JACK EDWARDS KUTZ 0711723310022 1342 REST POINT CIR MARK J ALTENHOFEN 0711723310023 1348 REST POINT CIR RYAN M JONES 0711723310024 1350 REST POINT CIR CLAUDE J JORDAN 0711723310018 1320 REST POINT CR DAN CHRISTIAN 0711723320062 1354 REST POINT CIR DENNIS WALSH AMANDA HEIEN 0711723310017 1337 REST POINT CIR ROBERT M ZAUN 0711723310016 1347 REST POINT CIR WILLIAM & REBECCA PINEGAR 0711723320031 1360 REST POINT CIR DAVID B & JENNIFER BOIES JR BRIAN D. SIMMONS 48766 6/3/2014 MSB MSB BSD CITY OF ORONO REST POINT ROAD STREET REHABILITATION 2.03 8 REST P O I N T R O A D RE S T P O I N T C I R C L E C O U N T Y R O A D 1 9 SEE S H E E T 2.02 SEE SHEET 2.04 REST POINT CIRCLE R E S T P O I N T C I R C L E H:\ORNO\C13108213\CAD\C3D\SHEETS\108213_PP.DWG 06/2/2014 1:49 PM REST POINT CIRCLE NOTE: CONTRACTOR TO PROTECT ALL POWER POLES, LANDSCAPING, UTILITIES, & ENCROACHING FEATURES THAT ARE NOT REQUIRED TO BE SALVAGED/REINSTALLED TO ACCOMODATE RECLAIMING OF EXISTING PAVEMENT. CONTRACTORS WORK AREA IS CONFINED TO RIGHT-OF-WAY, EXCEPT WHERE SHOWN OTHERWISE, OR EXISTING ROADWAY PAVEMENT TO BE RECLAIMED IS OUTSIDE RIGHT-OF-WAY. NOTES: x MATCH EXISTING BITUMINOUS & CONCRETE DRIVEWAYS. x ADD CLASS 5 LIMESTONE TO GRAVEL DRIVEWAYS. x BITUMINOUS CURB LOCATIONS DETERMINED IN THE FIELD BY THE ENGINEER. x SALVAGE & REINSTALL LANDSCAPE AS REQUIRED. x SALVAGE & REINSTALL MAILBOXES AS REQUIRED. x HYDROMULCH (WITH 22-251 SEED MIX) DISTURBED TURF AREAS. NOTE: THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES THAT ARE SHOWN, ARE SHOWN IN AN APPROXIMATE WAY ONLY. IT IS NOT GUARANTEED THAT ANY OR ALL EXISTING UTILITIES ARE SHOWN. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. SAND BAG BARRIERS AS REQUIRED SALVAGE & INSTALL MAILBOX (3 EA) SALVAGE & INSTALL MAILBOX (3 EA) SALVAGE & INSTALL MAILBOX (3 EA) Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 9 of 138] 1 1 0 + 0 0 1 1 0 + 6 2 20 4 + 0 0 205+00 206+00 207+00207+01 955 960 965 970 975 980 985 990 995 1000 955 960 965 970 975 980 985 990 995 1000 97 4 . 8 9 97 4 . 8 9 203+60 97 4 . 8 3 97 4 . 8 3 97 4 . 8 7 97 4 . 8 7 204+00 97 5 . 2 1 97 5 . 2 1 97 6 . 5 4 97 6 . 5 4 97 8 . 2 7 97 8 . 2 7 98 0 . 3 3 98 0 . 3 3 98 2 . 1 9 98 2 . 1 9 205+00 98 3 . 1 3 98 3 . 1 3 98 4 . 0 6 98 4 . 0 6 98 4 . 0 6 98 4 . 0 6 98 3 . 6 5 98 3 . 6 5 98 2 . 8 5 98 2 . 8 5 206+00 98 2 . 0 3 98 2 . 0 3 98 1 . 3 3 98 1 . 3 3 98 0 . 7 4 98 0 . 7 4 98 0 . 2 0 98 0 . 2 0 97 9 . 7 9 97 9 . 7 9 207+00 0.19% 4.43% -2.13% -4.10% -2.77% 8.06% 10.24% 0.19% 4.43% -2.13% -4.10% -2.77% 8.06% 10.24% SHEETDATEBYREV. DATELIC. NO. OF DESIGNED DRAWN CHECKED CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND FEETSCALE 0 4020 HORZ. FEETSCALE 0 105 VERT. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ΞBolton & Menk, Inc. 2014 , All Rights Reserved 0711723310018 1320 REST POINT CR DAN CHRISTIAN 0711723310021 1340 REST POINT CIR JACK EDWARDS KUTZ 0711723310020 1336 REST POINT CIR JANICE K DE MATTEO 0711723310019 4545 NORTH SHORE DR HAROLD L & CAROL A ALBRECHT 0711723310017 1337 REST POINT CIR ROBERT M ZAUN BRIAN D. SIMMONS 48766 6/3/2014 MSB MSB BSD CITY OF ORONO REST POINT ROAD STREET REHABILITATION 2.04 8 SEE SH E E T 2.03 R E S T P O I N T R O A D REST POINT CIRCLE COUN T Y R O A D 1 9 COU N T Y R O A D 1 9 S E E S H E E T 2 . 0 2 RE S T P O I N T L A N E TONKA V I E W L A N E H:\ORNO\C13108213\CAD\C3D\SHEETS\108213_PP.DWG 06/2/2014 1:49 PM REST POINT CIRCLE NOTE: CONTRACTOR TO PROTECT ALL POWER POLES, LANDSCAPING, UTILITIES, & ENCROACHING FEATURES THAT ARE NOT REQUIRED TO BE SALVAGED/REINSTALLED TO ACCOMODATE RECLAIMING OF EXISTING PAVEMENT. CONTRACTORS WORK AREA IS CONFINED TO RIGHT-OF-WAY, EXCEPT WHERE SHOWN OTHERWISE, OR EXISTING ROADWAY PAVEMENT TO BE RECLAIMED IS OUTSIDE RIGHT-OF-WAY.NOTES: x MATCH EXISTING BITUMINOUS & CONCRETE DRIVEWAYS. x ADD CLASS 5 LIMESTONE TO GRAVEL DRIVEWAYS. x BITUMINOUS CURB LOCATIONS DETERMINED IN THE FIELD BY THE ENGINEER. x SALVAGE & REINSTALL LANDSCAPE AS REQUIRED. x SALVAGE & REINSTALL MAILBOXES AS REQUIRED. x HYDROMULCH (WITH 22-251 SEED MIX) DISTURBED TURF AREAS. NOTE: THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES THAT ARE SHOWN, ARE SHOWN IN AN APPROXIMATE WAY ONLY. IT IS NOT GUARANTEED THAT ANY OR ALL EXISTING UTILITIES ARE SHOWN. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. SALVAGE & INSTALL MAILBOX Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 10 of 138] PROJECT MANUAL REST POINT ROAD STREET IMPROVEMENTS CITY OF ORONO ORONO, MN Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 11 of 138] City of Orono - C13.108213 CERTIFICATION Rest Point Road Street Improvements PAGE 00005-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00005 – CERTIFICATION PROJECT MANUAL for Rest Point Road Street Improvements City of Orono Orono, MN I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. By: Brian Simmons License No. 48766 Date: Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 12 of 138] City of Orono - C13.108213 TABLE OF CONTENTS Rest Point Road Street Improvements PAGE 00010-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00010 - TABLE OF CONTENTS Rest Point Road Street Improvements City of Orono CONTRACT DOCUMENTS: PROJECT MANUAL: Introductory Information, Bidding Requirements, Contract Forms and Conditions of Contract 00005 - CERTIFICATION 00010 - TABLE OF CONTENTS 00100 - ADVERTISEMENT FOR BIDS 00200 - INSTRUCTIONS TO BIDDERS 00210 - ELECTRONIC/DIGITAL DOCUMENTS 00410 - BID FORM 00430 - BID BOND 00510 - NOTICE OF AWARD 00511 - INFORMATION REQUESTED FROM the LOW BIDDER 00520 - FORM OF AGREEMENT 00550 - NOTICE TO PROCEED 00610 - PERFORMANCE BOND 00615 - PAYMENT BOND 00700 - GENERAL CONDITIONS 00800 - SUPPLEMENTARY CONDITIONS 01110 - SUMMARY OF WORK 01230 - ALTERNATES / ALTERNATIVES 01270 - MEASUREMENT & PAYMENT 01310 - COORDINATION 01315 - PROJECT MEETINGS 01330 - SUBMITTALS 01350 - SPECIAL PROJECT PROCEDURES 01410 - REGULATORY REQUIREMENTS 01420 - SPECIFICATION REFERENCE 01425 - ABBREVIATIONS 01450 - QUALITY CONTROL 01500 - MOBILIZATION 01550 - MAINTENANCE OF HAUL ROADS & TEMPORARY ACCESS 01555 - MAINTENANCE AND CONTROL OF TRAFFIC 01562 - AIR, LAND AND WATER POLLUTION 01720 - FIELD ENGINEERING 01770 - PROJECT CLOSEOUT Specifications 02220 - REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES 02230 - CLEARING AND GRUBBING 02330 - EXCAVATION AND EMBANKMENT - ROADWAY & PAVEMENT 02335 - SUBGRADE PREPARATION 02370 - EROSION & SEDIMENT CONTROL (LESS THAN ONE ACRE DISTURBANCE) 02705 - MANHOLES & CATCH BASINS - ADJUST CASTING 02720 - AGGREGATE BASE 02730 - AGGREGATE SURFACING 02740 - PLANT-MIXED BITUMINOUS SURFACING 02920 - TURF RESTORATION Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 13 of 138] City of Orono - C13.108213 TABLE OF CONTENTS Rest Point Road Street Improvements PAGE 00010-2 © Bolton & Menk, Inc. 2014, All Rights Reserved APPENDICES MAPS STANDARD DETAIL PLATES DRAWINGS (UNDER SEPARATE COVER): 8 sheets numbered 1.01 through 2.04, inclusive, dated 6/3/2014, and with each sheet bearing the following general title: Rest Point Road Street Improvements City of Orono ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 14 of 138] City of Orono - C13.108213 ADVERTISEMENT FOR BIDS Rest Point Road Street Improvements PAGE 00100-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00100 - ADVERTISEMENT FOR BIDS Rest Point Road Street Improvements City of Orono Orono, MN RECEIPT AND OPENING OF PROPOSALS: Sealed proposals for the work described below will be received at the Office of the City Administrator, City of Orono, 2750 Kelly Pkwy, P.O. Box 66, Orono, MN, 55356 until on at which time the bids will be opened and publicly read. DESCRIPTION OF WORK: The work includes the construction of approximately: together with numerous related items of work, all in accordance with Plans and Specifications. PLANHOLDERS LIST, ADDENDUMS AND BID TABULATION: The planholders list, addendums and bid tabulations will be available for download on-line at www.bolton-menk.com or www.questcdn.com . Any addendums may also be distributed by mail, fax or email. TO OBTAIN BID DOCUMENTS: Complete digital project bidding documents are available at www.bolton-menk.com or www.questcdn.com. You may view the digital plan documents for free by entering Quest project # on the website’s Project Search page. Documents may be downloaded for $20.00. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, viewing, downloading, and working with this digital project information. An optional paper set of project documents is also available for a nonrefundable price of $75.00 per set, which includes applicable sales tax and shipping. Please make your check to payable to Bolton & Menk, Inc. and send it to 2638 Shadow Lane, Suite 200, Chaska, MN, 55318, (952) 448-8838, fax (952) 448-8805. BID SECURITY: A certified check or proposal bond in the amount of not less than 5 percent of the total amount bid, drawn in favor of City of Orono shall accompany each bid. OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids and to waive any irregularities and informalities therein and to award the Contract to other than the lowest bidder if, in their discretion, the interest of the Owner would be best served thereby. Dated: , 20 . /s/ Jessica Loftus City Administrator Published: Finance and Commerce: , , _________________: , , ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 15 of 138] City of Orono - C13.108213 INSTRUCTIONS TO BIDDERS Rest Point Road Street Improvements PAGE 00200-1 © Bolton & Menk, Inc. 2014, All Rights Reserved INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS Rest Point Road Street Improvements City of Orono ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained as detailed in the Advertisement for Bids. Deposits shall be refundable, or not, as indicated in the Advertisement for Bids. 2.02 Complete sets of Bidding Documents, whether paper or electronic/digital (if delivered in that format), shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 The Owner or Engineer may, on occasion and at their sole discretion, provide partial copies of Bidding Documents, such as Bid Forms or electronic/digital versions of such partial copies, to Bidders holding complete sets of Bidding Documents. Provision of partial copies to the Bidder shall be deemed to be for the convenience of the Bidder and shall in no way relieve the Bidder of its obligation to base its bid on complete sets of the Bidding Documents or to confirm accuracy and completeness of the information provided. The availability of electronic/digital versions of Bid Forms shall be identified in the Bidding Documents (“Electronic/Digital Documents”) 2.04 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 2.05 When the advertisement indicates that such information is available, the Owner and Engineer will, upon request, provide the Bidder with electronic/digital versions of the entire set of Bidding Documents. The terms of use of such electronic/digital versions shall be as set forth in the Bidding Documents (“Electronic/Digital Documents”). It is the responsibility of the Bidder to provide any and all means (including software and data communication/transmission systems of adequate capacity) for receipt and use of electronic/digital documents and to assure that the Bidder receives the documents in a timely and complete form. The Bidder may not re-transmit originals or copies of the electronic/digital versions of the Bidding Documents to any other party except as permitted by terms of use agreements. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work within 5 days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be requested by the Owner or Engineer. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 16 of 138] City of Orono - C13.108213 INSTRUCTIONS TO BIDDERS Rest Point Road Street Improvements PAGE 00200-2 © Bolton & Menk, Inc. 2014, All Rights Reserved 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring B idder’s representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by the Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragrap h 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such reports and drawings. C. Requests for copies of reports and drawings referenced in Paragraph 4.01.A shall be made in writing through the Engineer. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by the Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Para graph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such reports and drawings. C. Requests for copies of reports and drawings referenced in Paragraph 4.03.A shall be made in writing through the Engineer. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 17 of 138] City of Orono - C13.108213 INSTRUCTIONS TO BIDDERS Rest Point Road Street Improvements PAGE 00200-3 © Bolton & Menk, Inc. 2014, All Rights Reserved identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to those portions of the site which the Owner controls or for which the Owner has easements, to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data"; E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 18 of 138] City of Orono - C13.108213 INSTRUCTIONS TO BIDDERS Rest Point Road Street Improvements PAGE 00200-4 © Bolton & Menk, Inc. 2014, All Rights Reserved H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this ARTICLE 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 None Scheduled. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 19 of 138] City of Orono - C13.108213 INSTRUCTIONS TO BIDDERS Rest Point Road Street Improvements PAGE 00200-5 © Bolton & Menk, Inc. 2014, All Rights Reserved Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which Milestones are to be achieved and/or the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or -equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or -equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, –individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each bid item, Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 20 of 138] City of Orono - C13.108213 INSTRUCTIONS TO BIDDERS Rest Point Road Street Improvements PAGE 00200-6 © Bolton & Menk, Inc. 2014, All Rights Reserved alternative and/or section listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder’s name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 21 of 138] City of Orono - C13.108213 INSTRUCTIONS TO BIDDERS Rest Point Road Street Improvements PAGE 00200-7 © Bolton & Menk, Inc. 2014, All Rights Reserved 15.01 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the person indicated in the advertisement or invitation to bid. 15.02 The Owner does not allow electronic bid submittals. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders upon request after the Owner has considered the bids and makes award. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 22 of 138] City of Orono - C13.108213 INSTRUCTIONS TO BIDDERS Rest Point Road Street Improvements PAGE 00200-8 © Bolton & Menk, Inc. 2014, All Rights Reserved the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. 19.07 After the bids are opened and prior to award of the Contract, the Owner, at its discretion, may revise the project scope to eliminate completely the items of work listed below and to reduce and/or increase quantities to coincide with the Owner’s fiscal constraints. In this event, no payment will be made to the Contra ctor for the deleted work, nor shall any adjustment be made to the unit prices bid due to the reduction of the scope of the project or the reduced quantities of work items. The Owner shall use the total amount bid for the entire project to determine the lowest bidders. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner or accepts the Purchase Order, it shall be accompanied by the required performance and payment bonds and insurance certificates. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award or issues a Purchase Order to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - SALES AND USE TAXES 22.01 Owner is not exempt from state sales and use taxes on materials and equipment. Said taxes shall be included in the bid. ARTICLE 23 - RETAINAGE 23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 24 - CONTRACTS TO BE ASSIGNED 24.01 There are no material contracts for this project that will be assigned to the Contractor. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 23 of 138] City of Orono - C13.108213 ELECTRONIC/DIGITAL DOCUMENTS Rest Point Road Street Improvements PAGE 00210-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00210 - ELECTRONIC/DIGITAL DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. The Owner or Engineer may elect to provide copies of the contract documents or supplemental information to the Contractor in electronic/digital media format. This section governs the availability, use and limitations of information provided in electronic/digital format. 1.2 FORMAT OF DOCUMENTS AND CONTROLLING CRITERIA A. The Agreement identifies the contract documents upon which the Bidder or Contractor may rely. The General Conditions set forth the provisions governing the intent, interpretation and use of the contract documents. This section is intended to augment the Agreement and General Conditions and to clarify limitations on the use of electronic/digital documents. B. “Hard Copies” of the Contract Documents consist of complete sets of those documents specifically listed in the Agreement including the version of the plans and specifications that are signed and sealed with original signature (or unalterable and legally acceptable facsimile copy of said signature) denoting the designer’s final intent for bidding purposes. Electronic/digital files in the “Native File Format” are saved in the default file format used by a specific software application. The native file format of an application is proprietary and these types of files are not meant to be transferred to other applications. Electronic/digital files in the native file format may be altered and may not be representative of the paper copies of the documents C. For bidding purposes only, Hard Copies of the Contract Documents shall be construed to include electronic/digital files of the Bidding Documents (as defined in Section 00200), prepared by Engineer and provided under direction of Engineer in a Portable Document Format (PDF) format or other file format that is intended by the Engineer and Owner to be unalterable and exactly representative of the information contained in the paper copies of the documents. D. The project plans graphically set forth design requirements for the project. These plans are a two-dimensional representation of three-dimensional existing conditions and proposed improvements. Because it is generally impossible to economically or graphically duplicate real world conditions on a two-dimensional plan format, certain approximations, graphical simplifications, intentional or unintentional inaccuracies must generally be used to adequately describe the existing conditions and work to be done on the plans. Because of these graphical compromises, certain dimensions and other supplementary notes and information may be added to the plans to control the specific requirements of the design. Electronic/digital versions of the plans in PDF format, native file format or other electronic file format may imply a spatial accuracy that exceeds the graphical limitations of the original plan set. This is also true of supplementary electronic/digital information developed from the plans or underlying support data (such as layers, hidden lines, survey points or topographic computational networks). E. In the event of a conflict between an electronic/digital version of a Contract Document and the Hard Copy of the document, the Hard Copy shall be deemed to govern. Bidders, by submitting a bid, and the Contractor by executing the contract, acknowledge these graphical limitations to the plan development process and accept the controlling nature of the Hard Copies of all project documents as set forth in the General Conditions. 1.3 AVAILABILITY AND USE OF DIGITAL/ELECTRONIC DOCUMENTS A. When the Advertisement for Bids or Project Manual indicate that electronic/digital copies of the Plans and Specifications are available, such documents shall be made available to the Bidder or Contractor upon request in PDF format or other file format that is intended by the Engineer and Owner to be unalterable and exactly representative of the information contained in the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of electronic/digital documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that electronic/digital versions and reproductions prepared from those versions are identical in every manner to the paper copies. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 24 of 138] City of Orono - C13.108213 ELECTRONIC/DIGITAL DOCUMENTS Rest Point Road Street Improvements PAGE 00210-2 © Bolton & Menk, Inc. 2014, All Rights Reserved B. Except as otherwise advised, the Bidder may use and rely upon complete sets of the PDF or other electronic/digital version of the Bidding Documents, prepared by the Engineer and provided under direction of the Engineer, for preparation of its bid. However, Contractor assumes all risks associated with differences arising from transmission/receipt of electronic/digital versions and reproductions prepared from those versions and, further, assumes all risks, costs and responsibility associated with use of the electronic/digital versions to derive information that is not explicitly contained in the pa per copies of the documents and for Bidder’s reliance upon such derived information. C. When using PDF versions of the bidding documents, the Contractor shall prepare its Bid on a printed paper copy of the Bid Form from the PDF file; submit its bid together with all required submittals; and deliver the Bid in the manner described in the bidding documents. The printed copy of the Bid Form shall be clearly legible, printed on 8 ½ inch by 11 inch paper and as closely identical in appearance to the PDF Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the Hard Copy of the Bid Form, providing that all required information and submittals are included with the bid. D. After a Contract is awarded, the Owner may provide or direct the Engineer to provide for the use of the Contractor such electronic/digital copies of the contract documents or other support documents in native file formats as may have been previously developed as part of the Project design process. Release of such information, if available, shall be deemed to be solely for the convenience of the Contractor. Unless the Contract Documents explicitly identify that such information shall be available to the successful Bidder, nothing herein shall create an obligation on the part of the Owner or Engineer to provide or create such information and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid or pricing of the work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital data is appropriate and adequate for the Contractor’s specific purposes. In no case shall the Contractor be entitled to extra compensation or adjustment in contract time due to claims arising from any differences between the Hard Copies of the Contract Documents and electronic/digital data. E. Release of all electronic/digital information requested by the Contractor shall be at the sole discretion of the Owner or Engineer and a separate charge will be made to the Contractor for creation or preparation of such information. F. Release of electronic/digital data shall be subject to the herein accompanying form, entitled “REQUEST TO PROJECT ENGINEER FOR ELECTRONIC/DIGITAL DATA AND CONDITIONS OF USE,” together with such other limitations as the Owner or Engineer may deem appropriate for the Project. In the event of questions, conflicts, inconsistencies between any the electronic/digital data, the Hard Copies of the Contract Documents shall govern unless otherwise directed in writing by the Owner and Engineer. G. In the event that Owner elects to provide or directs the Engineer to provide to the Contractor any Contractor- requested electronic/digital data that is not explicitly identified in the Contract Documents as being available to the successful bidder, the Engineer shall be reimbursed by the Contractor on an hourly basis (at $120 per hour) for all engineering costs necessary to create or otherwise prepare the data in a manner deemed appropriate by the Engineer. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 25 of 138] City of Orono - C13.108213 ELECTRONIC/DIGITAL DOCUMENTS Rest Point Road Street Improvements PAGE 00210-3 © Bolton & Menk, Inc. 2014, All Rights Reserved REQUEST TO PROJECT ENGINEER (BOLTON & MENK, INC. “BMI”) FOR ELECTRONIC/DIGITAL DATA AND CONDITIONS OF USE Project Contractor (“USER”): Project Owner City of Orono Project Name Rest Point Road Street Improvements Description of Data/Files To Be Provided A. The electronic/digital data covered by this Request was prepared by BMI as an internal working document for its purposes solely and is being provided to USER on an “AS IS” basis without any warranties of any kind, including, but not limited to implied warranties of fitness for any purpose. As such, the USER is advised and acknowledges that the information may not be suitable for the USER’s application or may require substantial modification and independent verification by the USER. Information may include intentional or unintentional inaccuracies, approximations, graphical simplifications, undocumented intermediate revisions and other devices that may affect subsequent reuse. B. The electronic/digital data may not accurately reflect the printed products (also known as Hard Copies) that are signed or sealed by BMI. In the case of conflicts between the signed or sealed documents and electronic/digital data, the Hard Copies shall control. Files in electronic/digital media format of text, data, graphics, or of other types that are provided by BMI to USER are only for convenience of USER. Any conclusion or information obtained or derived from such electronic/digital data will be at the USER's sole risk and the USER waives any claims against BMI or PROJECT OWNER arising from use of electronic/digital data. C. USER shall indemnify and hold harmless PROJECT OWNER and BMI and their subconsultants from all claims, damages, losses, and expenses, including attorneys' fees and defense costs arising out of or resulting from USER’s use, adaptation or distribution of any electronic/digital data provided under this Request. D. All Documents provided in electronic/digital format are instruments of service and, unless otherwise specifically identified in the Contract between the USER and PROJECT OWNER, are not Contract Documents. BMI shall retain all ownership, copyrights and property interests therein, subject to any agreement between BMI and the PROJECT OWNER. Nothing herein shall be deemed to be a transfer of the ownership rights of BMI or those of the PROJECT OWNER to the USER and USER’s rights regarding any information shall be limited those explicitly described in this Request. E. Although BMI may advise the USER of known errors or required updates in electronic/digital data provided to the USER upon discovery by BMI or notice to BMI of such conditions, the USER agrees that BMI and PROJECT OWNER are under no obligation to notify USER or correct, revise, update or otherwise maintain any electronic/digital data provided to the USER, nor shall the USER be entitled to make any claim for extra compensation or other consideration on account of using such data. F. USER agrees not to sell, copy, transfer, give away or otherwise distribute this information (in source or modified file format) to any third party without the direct written authorization of BMI, unless such distribution is specifically identified in this request and is limited to USER’s subcontractors. USER warrants that subsequent use by USER’S subcontractors shall comply with all terms of this Request. G. Provision of this information does not include any license of software or other systems necessary to read, use or reproduce the information. USER assumes all responsibility to obtain any necessary software and appropriate licenses to utilize the information in any format or application. H. The USER shall compensate BMI in the amount of $120.00/per hour for all labor and expenses associated with the handling, processing and delivery of the information in an “as is” form or to adapt such information into a form which BMI, in its sole discretion, deems to reasonably reflect the limits of the accuracy or usability of the information. USER acknowledges such compensation shall be deemed to be a data processing fee and is not a design fee or part of the design fees paid by the PROJECT OWNER to BMI. Accepted by: USER Printed Name of “USER” Date Name and Title of Authorized Representative of USER Signature of Authorized Representative of USER Approved: Project Engineer: (BMI) Signature of Project Engineer’s Representative Version 04/11/07 Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 26 of 138] ITEMS TO BE SUBMITTED WITH THE BID REST POINT ROAD STREET IMPROVEMENTS CITY OF ORONO ORONO, MN Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 27 of 138] City of Orono - C13.108213 BID FORM Rest Point Road Street Improvements PAGE 00410-1 © Bolton & Menk, Inc. 2014, All Rights Reserved BID FORM ARTICLE 1 - FOR CONSTRUCTION CONTRACTS Rest Point Road Street Improvements City of Orono ARTICLE 2 - BID RECIPIENT 2.01 This Bid is submitted to: City of Orono 2750 Kelly Pkwy, P.O. Box 66 Orono, MN, 55356 2.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 3 - BIDDER’S ACKNOWLEDGEMENTS 3.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 4 - BIDDER’S REPRESENTATIONS 4.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the work. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 28 of 138] City of Orono - C13.108213 BID FORM Rest Point Road Street Improvements PAGE 00410-2 © Bolton & Menk, Inc. 2014, All Rights Reserved D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data." E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. ARTICLE 5 - BIDDER’S CERTIFICATION 5.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 29 of 138] City of Orono - C13.108213 BID FORM Rest Point Road Street Improvements PAGE 00410-3 © Bolton & Menk, Inc. 2014, All Rights Reserved 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. ARTICLE 6 - BASIS OF BID 6.01 Bidder will complete the work in accordance with the Contract Documents at the prices shown in the attached Bidding Schedule. 6.02 Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. 6.03 Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids. Final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 7 - TIME OF COMPLETION 7.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 7.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 8 - ATTACHMENTS TO THIS BID 8.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security in the form of a certified check, bank money order, or a bid bond (on the form attached). ARTICLE 9 - DEFINED TERMS 9.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 30 of 138] City of Orono - C13.108213 BID FORM Rest Point Road Street Improvements PAGE 00410-4 © Bolton & Menk, Inc. 2014, All Rights Reserved Bid Submittal 9.02 This Bid is submitted by: If Bidder is: An Individual Name (typed or printed): By: (Individual’s signature) Doing business as: A Partnership Partnership Name: By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: (SEAL) State of Incorporation Type (General Business, Professional, Service, Limited Liability): By: (Signature – attach evidence of authority to sign) Name (typed or printed) Title: (CORPORATE SEAL) Attest: Date of Qualification to do business in Minnesota is / / Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 31 of 138] City of Orono - C13.108213 BID FORM Rest Point Road Street Improvements PAGE 00410-5 © Bolton & Menk, Inc. 2014, All Rights Reserved A Joint Venture Name of Joint Venture: First Joint Venturer Name: (SEAL) By: (Signature of first venture partner – attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venture Name: (SEAL) By: (Signature of second venture partner – attach evidence of authority to sign) Name (typed or printed) Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bidder’s Business Address Phone No.: Fax No.: E-mail: SUBMITTED on: , 20 State Contractor License No.: [If applicable] Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 32 of 138] SCHEDULE OF UNIT PRICES Rest Point Road Street Improvements City of Orono, Minnesota BMI Project No. C13.108213 Bidder: BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item and total. CU YD (LV) = Cubic Yards, Loose Volume CU YD (CV) = Cubic Yards, Compacted Volume (Measured in Place) (EV) = Excavated Volume (P) = Planned Quantity Basis of Measurement Item BMI Estimated Unit Total No. Spec.Bid Item Unit Quantity Price Amount GENERAL: 1 01500 MOBILIZATION LUMP SUM 1 2 01555 TRAFFIC CONTROL LUMP SUM 1 REMOVALS: 3 02220 REMOVE CONCRETE CURB & GUTTER LIN FT 50 4 02220 SALVAGE & INSTALL MAILBOX EACH 16 ROADWAY CONSTRUCTION: 5 02330 COMMON EXCAVATION (P) (EV)CU YD 240 6 02335 SUBGRADE PREPARATION (P)SQ YD 2,850 7 02740 TYPE SP 9.5 NON-WEARING COURSE MIX (2,B) 2.5" THICK TON 410 8 02740 TYPE SP 9.5 WEARING COURSE MIX (2,B) 1.5" THICK SQ YD 2,850 9 02960 RECLAIM FULL DEPTH PAVEMENT SQ YD 2,850 SANITARY SEWER: 10 02530 INTERNAL CHIMNEY SEAL EACH 5 11 02705 ADJUST FRAME & RING CASTING EACH 5 SIDEWALKS, DRIVEWAYS, CURB & GUTTER 12 02730 AGGREGATE SURFACING CLASS 5 (DRIVEWAY) (100% CRUSHED)TON 25 13 02740 BITUMINOUS CURB LIN FT 100 14 02770 CONCRETE CURB & GUTTER DESIGN RIBBON LIN FT 40 15 02770 CONCRETE CURB DESIGN SPECIAL LIN FT 40 16 02930 LANDSCAPE ALLOWANCE ALLOWANCE 1 $7,500.00 $7,500.00 RESTORATION, EROSION CONTROL 17 02330 TOPSOIL BORROW (LV)CU YD 100 18 02370 SILT FENCE, HEAVY DUTY LIN FT 100 19 02370 SANDBAG BARRIER EACH 10 20 02370 FLOTATION SILT CURTAIN TYPE STILL WATER LIN FT 50 21 02920 HYDROMULCH (WITH 25-151 SEED MIX)SQ YD 800 22 02920 TURF REINFORCEMENT MAT (WITH 25-131 SEED MIX)SQ YD 20 City of Orono - C13.108213 June 3, 2014 © Bolton Menk, Inc. 2014, All Rights Reserved BID FORM PAGE 00410-6 Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 33 of 138] Item BMI Estimated Unit Total No. Spec.Bid Item Unit Quantity Price Amount TOTAL: City of Orono - C13.108213 June 3, 2014 © Bolton Menk, Inc. 2014, All Rights Reserved BID FORM PAGE 00410-7 Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 34 of 138] City of Orono - C13.108213 BID BOND Rest Point Road Street Improvements PAGE 00430-1 © Bolton & Menk, Inc. 2014, All Rights Reserved PENAL SUM FORM Bid Bond Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER: SURETY: OWNER: BID Bid Due Date: Description: BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as jo int venturers, if necessary. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 35 of 138] City of Orono - C13.108213 BID BOND Rest Point Road Street Improvements PAGE 00430-2 © Bolton & Menk, Inc. 2014, All Rights Reserved PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 36 of 138] ITEMS TO BE EXECUTED AFTER AWARD OF CONTRACT REST POINT ROAD STREET IMPROVEMENTS CITY OF ORONO ORONO, MN Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 37 of 138] City of Orono - C13.108213 NOTICE OF AWARD Rest Point Road Street Improvements PAGE 00510-1 Notice of Award Date: __________________ Project: Rest Point Road Street Improvements Owner: City of Orono Owner's Contract No.: Contract: Engineer's Project No.: C13.108213 Bidder: Bidder's Address: You are notified that your Bid dated _____ for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for: Rest Point Road Street Improvements The Contract Price of your Contract is _____ Dollars ($_____). _____ copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Engineer 3 fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and required certificates of insurance. 3. Submit contact information for Storm Water Pollution Prevention Plan (SWPPP) Submit documentation of training for individuals performing Site Management and BMP Installation per the requirements of the SWPPP. 4. Other conditions precedent: Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 38 of 138] City of Orono - C13.108213 NOTICE OF AWARD Rest Point Road Street Improvements PAGE 00510-2 Notice of Award (Continued) Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Orono Owner By: Authorized Signature Title ACCEPTANCE OF NOTICE Receipt of the NOTICE OF AWARD is hereby acknowledged by this, the day of , 2014. Signature Title Copy to Engineer Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 39 of 138] City of Orono - C13.108213 INFORMATION REQUESTED FROM THE LOW BIDDER Rest Point Road Street Improvements PAGE 00511-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00511 - INFORMATION REQUESTED FROM THE LOW BIDDER (The Low Bidder May Be Requested To Provide This Information After The Bids Are Received But Prior To Issuing The Notice Of Award) GENERAL INFORMATION The low bidder is requested to furnish the following information. Additional sheets shall be attached as required. Contractor's name and address: Contractor's telephone number: Contractor's FAX number: Contractor's E-mail address: Contractor's license: Primary Classification State License No. Supplemental Classifications held, if any Number of years as a Contractor in construction work of this type Names and titles of all officers of Contractor's firm: SWPPP Information COMPANY CONTACT PERSON PHONE NUMBER SITE MANAGER: BMP INSTALLER: Note: Attach copies of SWPPP Training documentation for each of the above. Refer to Specification Section 02370 for details about required Training or the SWPPP contained in the plan. ATTACH TO THIS BID a list of five (5) construction contracts completed by the Contractor during the last five (5) years involving work of similar type and comparable value. The list shall include the following information as a minimum: Name, address and telephone number of owner. Name of project. Location of project. Brief description of the work involved. Contract amount. Date of completion of contract. Name, address and telephone number of architect or engineer. Name of owner's project engineer. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 40 of 138] City of Orono - C13.108213 INFORMATION REQUESTED FROM THE LOW BIDDER Rest Point Road Street Improvements PAGE 00511-2 © Bolton & Menk, Inc. 2014, All Rights Reserved LIST OF SUBCONTRACTORS The low bidder is requested to list below the name and business address of each subcontractor who will perform work under this contract in excess of one-half of one percent of the Contractor's total bid price, and shall also list the portion of the work which will be done by such subcontractor. Work to be Performed Percent of Contract Subcontractor Name and Address 1. 2. 3. 4. 5. 6. 7. 8. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 41 of 138] City of Orono - C13.108213 AGREEMENT Rest Point Road Street Improvements PAGE 00520-1 V012014 © Bolton & Menk, Inc. 2014, All Rights Reserved FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Orono (“Owner”) and (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as all labor, materials, equipment, utilities and all other things necessary for the construction of the Rest Point Road Street Improvements ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Rest Point Road Street Improvements ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bolton & Menk, Inc., Brian Simmons, which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before August 29, 2014. Substantial completion shall be defined as the roadway reopened to through and two way traffic. The project shall be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before September 29, 2014. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500.00 for each day that expires Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 42 of 138] City of Orono - C13.108213 AGREEMENT Rest Point Road Street Improvements PAGE 00520-2 V012014 © Bolton & Menk, Inc. 2014, All Rights Reserved after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the paragraphs below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item in accordance with the “Schedule of Unit Prices” attached hereto (Page 00520-____ through page 00520-________). The total estimated contract price is __________________ ($________). The Bid prices for Unit Price work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in the General Conditions and the Supplemental Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in the General Conditions and the Supplemental Conditions. B. For all work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Applications for Payment shall be prepared and submitted in accordance with the General Conditions and/or the Supplementary Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions and the Supplementary Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment as recommended by the Engineer. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. The cut-off date for calculation of completed unit price quantities for monthly progress payments will be on the First and Third Monday of each month of each month. a. 95 percent of Work completed (with the balance being retainage); and b. No compensation will be paid for materials delivered to the site and not incorporated into the project. 2. The initial Progress Payment shall be paid in coordination with the OWNER'S regular accounts payable schedule falling closest after the initial Progress Payment becomes due in accordance with Paragraph 14.02 of the General Conditions. Due to differences in the OWNER'S accounts payable cycle and start of construction, initial Progress Payment may cover a period of more than or less Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 43 of 138] City of Orono - C13.108213 AGREEMENT Rest Point Road Street Improvements PAGE 00520-3 V012014 © Bolton & Menk, Inc. 2014, All Rights Reserved than one month of construction. After the initial Progress Payment, subsequent Progress Payments will be made monthly in accordance with the OWNER'S regular accounts payable schedule. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All monies not paid when due as provided in the General Conditions or Supplemental Conditions shall bear interest at a rate of 1.5% per month. ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC- 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 44 of 138] City of Orono - C13.108213 AGREEMENT Rest Point Road Street Improvements PAGE 00520-4 V012014 © Bolton & Menk, Inc. 2014, All Rights Reserved I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 3, inclusive). 4. Other bonds (inclusive). a. _____ (inclusive). b. _____ (inclusive). 5. General Conditions (pages 1 to 62, inclusive). 6. Supplementary Conditions (inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of _____ sheets with each sheet bearing the following general title: _____ [or] the Drawings listed on attached sheet index. 9. Addenda (numbers _____ to _____, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages _____ to _____, inclusive) 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages 1 to 1, inclusive). b. Work Change Directives. c. Change Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 45 of 138] City of Orono - C13.108213 AGREEMENT Rest Point Road Street Improvements PAGE 00520-5 V012014 © Bolton & Menk, Inc. 2014, All Rights Reserved ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Not Applicable. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 46 of 138] City of Orono - C13.108213 AGREEMENT Rest Point Road Street Improvements PAGE 00520-6 V012014 © Bolton & Menk, Inc. 2014, All Rights Reserved Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 47 of 138] City of Orono - C13.108213 AGREEMENT Rest Point Road Street Improvements PAGE 00520-7 V012014 © Bolton & Menk, Inc. 2014, All Rights Reserved IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on _____________________________ (which is the Effective Date of the Agreement). OWNER: CONTRACTOR City of Orono By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: License No.: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) (Where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. Agent for service of process: Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 48 of 138] City of Orono - C13.108213 NOTICE TO PROCEED Rest Point Road Street Improvements PAGE 00550-1 © Bolton & Menk, Inc. 2014, All Rights Reserved NOTICE TO PROCEED Date: _________________ Project: Rest Point Road Street Improvements Owner: City of Orono Owner's Contract No.: Contract: Engineer's Project No.: C13.108213 Contractor: Contractor's Address: You are notified that the Contract Times under the above Contract will commence to run on _______ ________. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial and Final Completion is as stated in the Agreement. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. City of Orono Orono, MN BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this, the day of , 2014. By: Title: Copy to Engineer Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 49 of 138] EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 of 3 Rest Point Road Street Improvements PERFORMANCE BOND CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): City of Orono 2750 Kelly Pkwy, P.O. Box 66 Orono, MN 55356 CONSTRUCTION CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): Rest Point Road Street Improvements, Orono, MN BOND Bond Number: Date (Not earlier than the Effective Date of the Agreement of the Construction contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 50 of 138] EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 Rest Point Road Street Improvements 1. The Contract or and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 51 of 138] EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 Rest Point Road Street Improvements obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: None Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 52 of 138] EJCDC C-615 – Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 of 3 Rest Point Road Street Improvements PAYMENT BOND CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): City of Orono 2750 Kelly Pkwy, P.O. Box 66 Orono, MN 55356 CONSTRUCTION CONTRACT Effective Date of Agreement: Amount: Description: (name and location) Rest Point Road Street Improvements, Orono, MN BOND Bond Number: Date (Not earlier than the Effective Date of the Agreement of the Construction contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 53 of 138] EJCDC C-615 – Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 Rest Point Road Street Improvements 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2Pay or arrange for payment of any undisputed amounts. 7.3The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 54 of 138] EJCDC C-615 – Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 Rest Point Road Street Improvements 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3.A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6.The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7.The total amount of previous payments received by the Claimant; and 8.The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 55 of 138] GENERAL CONDITIONS FOR EDITION C-700-EJCDC – 2007 REST POINT ROAD STREET IMPROVEMENTS CITY OF ORONO ORONO, MN Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 56 of 138] SUPPLEMENTARY CONDITIONS FOR EDITION C-700 EJCDC - 2007 REST POINT ROAD STREET IMPROVEMENTS CITY OF ORONO ORONO, MN Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 57 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00800 - SUPPLEMENTARY CONDITIONS EJCDC C-700 – 2007 Standard Edition INDEX SUPPLEMENTARY CONDITIONS GENERAL COMMENTS SC 2.02 COPIES OF DOCUMENTS SC 4.02 SUBSURFACE AND PHYSICAL CONDITIONS SC 4.05 REFERENCE POINTS SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE SC-5.02 LICENSED SURETIES AND INSURERS SC 5.04 CONTRACTOR'S INSURANCE SC 5.06 PROPERTY INSURANCE SC 6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS SC-6.08 PERMITS SC 6.12 RECORD DOCUMENTS SC 6.13 SAFETY AND PROTECTION SC-6.17 SHOP DRAWINGS AND SAMPLES SC 7.02 COORDINATION SC 7.04 CLAIMS BETWEEN CONTRACTORS SC 9.03 PROJECT REPRESENTATIVE SC 11.03 UNIT PRICE WORK SC 13.07 CORRECTION PERIOD SC 14.02.A.1 APPLICATIONS FOR PAYMENTS SC 14.02.A.3 APPLICATIONS FOR PAYMENTS SC-14.02.B REVIEW OF APPLICATIONS SC-14.02.C.1 PAYMENT BECOMES DUE SC14.02.C.2 PROGRESS PAYMENT TO SUBCONTRACTORS SC 14.05 PARTIAL UTILIZATION SC 14.07.A.4 WITHHOLDING OF INCOME TAX AT SOURCE Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 58 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-2 © Bolton & Menk, Inc. 2014, All Rights Reserved SUPPLEMENTARY CONDITIONS TO THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SUPPLEMENTARY CONDITIONS - GENERAL COMMENTS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC-2.02 COPIES OF DOCUMENTS Delete Paragraph 2.02.A in its entirety and insert the following in its place: 2.02.A Owner shall furnish to Contractor up to five (5) printed or hard copies of the Drawings and Project Manual and one set in electronic PDF format. Additional copies will be furnished upon request at the cost of reproduction. SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS Add the following paragraph immediately after paragraph 4.02.B.3: 4.02.C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: None. SC-4.05 REFERENCE POINTS Delete Paragraph 4.05.A of the General Conditions in its entirety and insert the following Paragraph 4.05.A in its place: 4.05.A. The OWNER will provide engineering surveys to establish reference points for construction as described in Section 01720, Field Engineering, of the Specifications. SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: 4.06.A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. SC-5.02 LICENSED SURETIES AND INSURERS Add a new paragraph immediately after Paragraph 5.02.A: 5.02.B. All companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better, with exception that Worker’s Compensation Insurance providers that have not been rated by A.M. Best may provide Worker’s Compensation policies if they are 1) domiciled in the State of Minnesota; 2) have a Certificate of Authority/Compliance from the MN Department of Commerce; and 3) have been accepted to provide Worker’s Compensation Insurance for similar projects awarded by the State of Minnesota within the last 12 months. If Contractor is self-insured, a Certificate of Self-Insurance must accompany bid. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 59 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-3 © Bolton & Menk, Inc. 2014, All Rights Reserved SC-5.04 CONTRACTOR'S INSURANCE Note to User: 1) The following insurance requirements are representative of general practice among municipal and other public clients in our service area, recommendations from industry legal and insurance experts and average contractor coverage for routine projects. However, these requirements MUST be reviewed a nd revised as needed for each project BY THE CLIENT’S legal and insurance counsel. Standard forms for obtaining instructions regarding insurance are available as part of our bidding documents. Add the following new paragraphs immediately after Paragraph 5.04.B.6.b.: 5.04.C. The Contractor’s policies shall be primary insurance to any other valid and collectible insurance to the Owner with respect to any claim arising out of Contractor’s performance under this Contract. The limit s of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers’ Compensation and Employer’s Liability , and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State: Statutory b. Federal (if applicable, e.g. Longshoreman’s): Statutory c. Employer’s Liability: 1). Bodily injury, each accident: $ 1,000,000 2). Bodily injury disease, each employee: $ 1,000,000 3). Bodily injury/disease aggregate: $ 1,000,000 2. Contractor’s General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include Contractual Liability, Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $ 2,000,000 b. Products – Completed Operations Aggregate $ 2,000,000 c. Personal and Advertising Injury $ 1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages. f. 5.04B.6.a is revised to require Completed Operations and Products Liability coverage to remain in effect for three years after final payment. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 60 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-4 © Bolton & Menk, Inc. 2014, All Rights Reserved 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each person $ 1,000,000 Each Accident $ 1,000,000 b. Property Damage: Each Accident $ 1,000,000 [or] a. Combined Single Limit of $ 1,000,000 4. Umbrella and Excess Liability Insurance: Unless specifically required in 5.04.C.9 to provide additional coverage written over and in addition to the underlying liability requirements, the Contractor may purchase and maintain umbrella and excess liability insurance written over the underlying liability policies described in paragraphs 5.04.C.1, 2 and 3 to meet the limits of those policies. In all cases, the excess and umbrella coverage shall follow form over the underlying policies. 5. Additional Insured: The OWNER and Bolton & Menk, Inc. shall be named and listed as additional insureds on the CONTRACTOR'S policies for liability insurance required under Paragraphs 5.04.C.2, 5.04.C.3, all Umbrella and Excess Liability coverage, Railroad Protective Liability Insurance and Contractor’s Pollution Liability coverage. Policies shall include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. a. Additional insured endorsements shall include both ongoing operations and products and completed operations coverage using ISO forms CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. b. Additional insured endorsement for the Engineer shall also conform to ISO form CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or equivalent. c. Paragraph 5.04B.6.c is revised to require that additional insured endorsements for completed operations coverage shall remain in effect for three years after final payment. 6. Certificates of Insurance: Paragraphs 5.04.B.4 and 5.06.C are modified such that all policies of insurance will contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor and Owner in the case of cancellation due to non-payment of premium and at least 30 days prior written notice for any other reason, or such longer notification periods as may be required by statute. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other additional insured to which a certificate of insurance has been issued. 7. Designated Aggregate Limit; Deductibles: The Aggregate Limits required under 5.04C.2 shall be maintained fully available for this project by a Designated Construction Project(s) General Aggregate Limit endorsement. Contractor is responsible for payment of all insurance deductibles for coverages provided under 5.04 and 5.06 of this Contract. Upon request, the Contractor will Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 61 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-5 © Bolton & Menk, Inc. 2014, All Rights Reserved provide Owner with satisfactory evidence that Contractor has adequate assets to cover any deductible or self-insured retention in excess of $10,000. 8. Railroad Protective Liability Insurance: This coverage is not required under this Contract. 5.04.C.9. Mandatory Umbrella and Excess Liability Insurance: This coverage is not required under this contract. SC-5.06 PROPERTY INSURANCE Delete Paragraph 5.06.A in its entirety and insert the following in its place: 5.06.A. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. Contractor shall be responsible for any deductible or self-insured retention. This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, Engineer , and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by these Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipmen t have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued; and 8. comply with the requirements of Paragraph 5.06.C of the General Conditions. SC-6.06. CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS Add a new paragraph immediately after Paragraph 6.06.G: 6.06.H. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.08 PERMITS The following Paragraph 6.08.B shall be added immediately after Paragraph 6.08.A: Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 62 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-6 © Bolton & Menk, Inc. 2014, All Rights Reserved 6.08.B. If the OWNER has obtained, or has applied for, the necessary construction permits from any regulatory agencies, they will be addressed in Section 01410, Regulatory Requirements, of the Specifications. CONTRACTOR shall obtain and pay for all construction permits, licenses and bonds, not specifically highlighted as previously obtained, or applied for, in the referenced Section. SC-6.12 RECORD DOCUMENTS The following Paragraphs 6.12.B through 6.12.C shall be added immediately after Paragraph 6.12.A: 6.12.B. The purpose of the final Project Record Documents is to provide factual information regarding all aspects of the work, both concealed and visible, to enable future modification of the work to proceed without lengthy and expensive site measurement, investigation, and examination. 6.12.C. Prior to submitting a request for final payment, submit the final Project Record Documents to the Engineer and/or Owner for approval. Approval of the Record Documents shall not constitute final acceptance of the completed project. SC-6.13 SAFETY AND PROTECTION The following Paragraph 6.13.A.4 shall be added immediately after Paragraph 6.13.A.3: 6.13.A.4. The OWNER, ENGINEER or their representatives may indicate potential safety hazards noticed at the construction site. However, the CONTRACTOR shall remain the only party liable for the maintenance of safe construction practices. SC-6.17 SHOP DRAWINGS AND SAMPLES Add the following new paragraphs immediately after Paragraph 6.17.E: 6.17.F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Eng ineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time. 6.17.G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for its review time unless the need for such change is beyond the control of Contractor. SC-7.02 COORDINATION Delete Paragraph 7.02.A in its entirety and replace with the following: 7.02.A. Owner does not intend to contract with others for the performance of other work on the Project at the Site. SC-9.03 PROJECT REPRESENTATIVE Add the following new paragraphs immediately after Paragraph 9.03.A: 9.03.B. If a Resident Project Representation (RPR) is not provided for this project, their responsibilities of the Engineer during construction shall be as provided in the General Conditions and the Supplemental Conditions. 9.03.C. If a Resident Project Representative (RPR) is provided for this project, the RPR will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 63 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-7 © Bolton & Menk, Inc. 2014, All Rights Reserved Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall: 1. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 5. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 6. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 7. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 8. Inspections, Tests, and System Startups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 64 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-8 © Bolton & Menk, Inc. 2014, All Rights Reserved b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 9. Records: a. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. b. Maintain records for use in preparing Project documentation. 10. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. c. Obtain backup material from Contractor. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition. 11. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 13. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. 9.03.D. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 65 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-9 © Bolton & Menk, Inc. 2014, All Rights Reserved 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor’s superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. SC-11.03. UNIT PRICE WORK Delete Paragraph 11.03.D in its entirety and insert the following in its place: 11.03.D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. No Adjustments shall be made to the original bid amounts, regardless if a change in quantity occurs. 2. if there is no corresponding adjustment with respect to any other item of Work; and SC-13.07 CORRECTION PERIOD Modify Paragraphs 13.07.A and 13.07.D of the General Conditions to change all references for the correction period length from one year to two years, except for luminaries, which is five years. Add the following Paragraph 13.07.F immediately after Paragraph 13.07.E: 13.07.F. For purposes of this Paragraph 13.07, the date of Substantial Completion shall be interpreted as the date when final payment is due in accordance with Paragraph 14.07.B and 14.07.C, and the two year correction period shall commence on the date when final payment is due in accordance with Paragraph 14.07B and 14.07.C, unless otherwise modified by the Specifications or by Written Agreement. SC-14.02.A.1 APPLICATION FOR PAYMENTS Replace Paragraph 14.02.A.1 with the following: 14.02.A.1. The ENGINEER shall, in consulting with Contractor, prepare a partial payment estimate on or about the day as specified in Paragraph 5.1 of the Agreement in any given month where significant work has been completed. The Pay Estimate shall then be forwarded to the Contractor for its review and approval. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect the OWNER's interest therein, all of which must be satisfactory to OWNER. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 66 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-10 © Bolton & Menk, Inc. 2014, All Rights Reserved SC-14.02.A.3 APPLICATIONS FOR PAYMENT Add the following Paragraph 14.02.A.4 immediately after Paragraph 14.02.A.3. 14.02.A.4. All out-of-state contractors shall comply with all State of Minnesota surety deposit requirements. The OWNER may withhold an additional sum of 8 percent of the amount due the CONTRACTOR from each payment and forward it to the Department of Revenue until the CONTRACTOR's state tax obligations are considered fulfilled unless the CONTRACTOR can show reason for exemption. Exemption will be granted provided the out-of-state CONTRACTOR meets the exemption guidelines established for the Minnesota Department of Revenue. All necessary forms may be obtained from the Minnesota Department of Revenue, Mail Station 4450, St. Paul, Minnesota 55146-4450, or phone 1-800-657-3777 or online at: http://www.revenue.state.mn.us/businesses/withholding/Pages/Forms.aspx . SC-14.02.B. REVIEW OF APPLICATIONS Delete Paragraph 14.02.B.1. SC-14.02.C.1 PAYMENT BECOMES DUE The time period for payment shall be in accordance with the Agreement. SC14.02.C.2 PROGRESS PAYMENT TO SUBCONTRACTORS Delete Paragraph 14.02.C.1 in its entirety and insert the following in its place: 14.02.C.1. For contracts involving payment with public funds within the State of Minnesota, including but not limited to cities, counties, towns, school districts, political subdivisions or agencies of local government, within ten days after final payment has been made to the Prime Contractor, the Prime Contractor shall make payment to all Subcontractors for undisputed services provided by the Subcontractor. The Prime Contractor shall pay interest of 1.5% per month or for any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00 For an unpaid balance of less than $100.00, the Prime Contractor shall pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil action to collect interest penalties from a Prime Contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. SC-14.05 PARTIAL UTILIZATION Add the following Paragraph 14.05.B immediately after Paragraph 14.05.A.4 of the General Conditions. Paragraph 14.05.B modifies Paragraph 14.05.A of the General Conditions and reference is made thereto. 14.05.B. Nothing in Paragraph 14.05.A shall obligate the CONTRACTOR to apply for a Certificate of Substantial Completion for any part of this Project. The provisions for partial utilization of the Project, if any, are established by the Specifications and no Certificate of Substantial Completion will be issued for partial utilization occurring within the terms of the Specifications. Partial utilization of the Project not covered by the Specifications shall be in accordance with Paragraph 14.05.A and its sub-paragraphs. If a Certificate of Substantial Completion is not issued, Substantial Completion shall be when final payment is due in accordance with Paragraph 14.07.B. SC-14.07.A.4 WITHHOLDING OF INCOME TAX AT SOURCE Add the following Paragraph 14.07.A.4 immediately following Paragraph 14.07.A.3 of the General Conditions and immediately before 14.07.B: 14.07.A.4. "Final payment will not be made to the CONTRACTOR until a certificate showing that the CONTRACTOR has complied with the provisions of M.S.A. 290.92 requiring withholding of income tax on wages at Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 67 of 138] City of Orono - C13.108213 SUPPLEMENTARY CONDITIONS Rest Point Road Street Improvements PAGE 00800-2 © Bolton & Menk, Inc. 2014, All Rights Reserved the source. Said certificate shall be executed by the Commissioner of Revenue. Forms for certification may be obtained from the Commissioner of Revenue, Centennial Building, St. Paul, Minnesota 55145." ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 68 of 138] Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 69 of 138] City of Orono - C13.108213 June 3, 2014 © Bolton & Menk, Inc. 2014, All Rights Reserved Division 1 -1 CONDITIONS OF THE CONTRACT REST POINT ROAD STREET IMPROVEMENTS CITY OF ORONO ORONO, MN 01110 - SUMMARY OF WORK 01230 - ALTERNATES / ALTERNATIVES 01270 - MEASUREMENT & PAYMENT 01310 - COORDINATION 01315 - PROJECT MEETINGS 01330 - SUBMITTALS 01350 - SPECIAL PROJECT PROCEDURES 01410 - REGULATORY REQUIREMENTS 01420 - SPECIFICATION REFERENCE 01425 - ABBREVIATIONS 01450 - QUALITY CONTROL 01500 - MOBILIZATION 01550 - MAINTENANCE OF HAUL ROADS & TEMPORARY ACCESS 01555 - MAINTENANCE AND CONTROL OF TRAFFIC 01562 - AIR, LAND AND WATER POLLUTION 01720 - FIELD ENGINEERING 01770 - PROJECT CLOSEOUT Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 70 of 138] City of Orono - C13.108213 SUMMARY OF WORK June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01110-1 SECTION 01110 - SUMMARY OF WORK PART 1 -- GENERAL 1.1 PROJECT LOCATION A. The project is located in Orono, MN. The project location is shown on the vicinity map in the design drawing set. 1.2 PROJECT DESCRIPTION A. The project involves but is not limited to the complete construction of public improvements for the reconstruction of several streets. Individual elements of work shall include, but are not limited to: 1. Removal of bituminous pavement, and other miscellaneous items. 2. Street excavation. 3. Concrete curbing and driveway pavement construction. 4. Bituminous street construction. 5. Turf restoration and erosion control construction 6. Traffic Control. 7. Other miscellaneous work shown on the plans or specified herein. 1.3 ALTERNATE MATERIALS & METHODS OF CONSTRUCTION A. The Contractor may present alternative materials and/or methods of construction for consideration by the Owner. Proposals for such alternatives shall be in accordance with the provisions of Section 01230 - ALTERNATES / ALTERNATIVES. 1.4 CONTRACTOR USE OF PROJECT SITE A. The Contractor's use of the project site shall be limited to its construction operations, including on- site storage of materials and field offices. No materials shall be stored in a location as to limit access to the affected public. Any damage caused by Contractor operations to private property, including but not limited to, parking lots, trees, shrubs, material spatter, etc. shall promptly be corrected at the Contractor’s expense. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 OPERATIONAL LIMITATIONS AND REQUIREMENTS A. The Contractor shall confine its work within the limits of the easements, public rights-of-way, and/or construction limits as shown on the plans. If the Contractor desires additional space, it shall be the Contractor's responsibility to acquire easements and/or permission, as desired. 3.2 BARRICADES A. The Contractor shall furnish and install any necessary barricades to protect the public or workers during the project. Barricades to keep public out of construction areas shall be left in place until Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 71 of 138] City of Orono - C13.108213 SUMMARY OF WORK June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01110-2 removed by Contractor after they are no longer required for protection. The Contractor is responsible to secure the site at all times during the demolition. B. The Contractor shall furnish names, addresses, and phone numbers of at least two (2) local individuals capable of immediate response who will be responsible for the site security and traffic control devices to: The Engineer The Owner Local Law Enforcement Agencies C. The Contractor shall respond with sufficient personnel, equipment and/or materials and conduct the required work or be subject to a $ 100 per hour deduction from the time of notification for non- attention to project security and safety. 3.3 SAFETY HAZARDS A. The Owner, Engineer or their representatives may indicate potential safety hazards noticed at the Construction site. However, the Contractor shall remain the only party liable for the maintenance of safe construction practices. 3.4 INTERFERENCE WITH TREES A. The Contractor may be required to trim tree branches that overhang the work zone as specifically identified during construction by the Engineer, where branches are likely to be broken or excessively damaged by construction equipment and activities. Branches which are accidentally damaged during construction shall be trimmed immediately. All trimmed ends shall be coated with an appropriate coating material. B. The Contractor shall protect existing trees within close proximity of the construction from stripping and root damage. Roots extending into excavations shall be cut before excavating in their vicinity. Roots cut or otherwise damaged shall be coated with an appropriate protective dressing prior to backfilling. C. No direct compensation for tree protection and interference shall be made, unless specifically identified in the Schedule of Unit Prices. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 72 of 138] City of Orono - C13.108213 ALTERNATES / ALTERNATIVES June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01230-1 SECTION 01230 - ALTERNATES / ALTERNATIVES PART 1 -- GENERAL 1.1 SUMMARY A. This section shall govern the interpretation and evaluation of bid alternates and contractor proposed alternatives. B. The Owner reserves the right to reject any bids not complying with the requirements of this section. C. All bids must include a bid based on the "base bid" or the Contract Documents defined alternatives, as specified, without anticipation of the use of "or equal" items or contractor proposed alternatives. Bids solely based on the use of "or equal" items or contractor proposed alternatives may be rejected without consideration, at the discretion of the Owner. D. Qualification process 1. Installers wishing to qualify alternate methods and/or materials for this project must submit a copy of the license or certificate verifying the manufacturer's or licensor's approval, and evidence of the installer's experience including the number, total length, and locations of trenchless construction projects installed to date using the proposed materials and methods together with the names and phone numbers of facility owners to the Engineer 10 days prior to the opening of bids to allow time for evaluation. 2. The final decision to accept or reject the applicant lies solely with the Owner. 1.2 INTERPRETATION OF "OR EQUAL" CLAUSES A. The Contractor shall include in its base bid the items, as specified, without consideration of using the 'or equal' items and methods. B. The Contractor shall then include in its bid the amount of the deduction, increase or revised total bid to be applied if the 'or equal' items and methods are accepted. C. The Owner and Engineer shall evaluate the 'or equal' stature of the proposed materials and methods. D. The Owner reserves the right to accept or reject the proposed 'or equal' materials and methods at the appropriate adjustment to bid price. 1.3 PROPOSALS WITH SPECIFIED BID ALTERNATES A. The Owner reserves the right to select the bid alternate desired, regardless of the amount bid. B. The bid shall be awarded to the lowest and best bidder of the selected alternate. 1.4 CONTRACTOR PROPOSED ALTERNATIVES A. Contractor proposed alternative methods and techniques may be considered by the Owner, with the advice of the Engineer, after Award of Contract. No alternatives shall be accepted or considered as part of the bid. B. The Contractor shall include in its base bid the items, as specified, without consideration of using any proposed alternative materials and/or methods. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 73 of 138] City of Orono - C13.108213 ALTERNATES / ALTERNATIVES June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01230-2 C. The Contractor shall then include in its bid the amount of the deduction, increase or revised bid amount to be applied if the proposed alternative materials and methods are accepted. D. The Owner and Engineer shall evaluate the stature of the proposed materials and methods. 1. Evaluation by the Owner and Engineer shall include the cost of modifying the design, as necessary and shall be at the discretion of the Owner and Engineer. 2. If the Contractor is proposing trenchless technology that is not included as a contract alternative, the following modifications to the original design shall be anticipated by the Contractor and included in the price differential or revised contract amount, as proposed: (a) The actual inside pipe diameter included in the Contractor proposed alternative shall be equal to or larger than the original conduit design, as specified, unless approved by the Engineer. (b) The minimum grade of all conduits installed by trenchless technologies for gravity sewers shall be 0.80%. This minimum may increase the depth required for structures. The Contractor shall include in the price differential or revised contract amount the cost of any such increases in structure depth. (c) Proposed modifications which include changes in pipe size whether to meet the required actual inside pipe diameter or necessitated by proposed changes in pipe materials, etc. may require changes in manhole diameters to accommodate the necessary pipe entrances. The Contractor shall include in the price differential or revised contract amount the cost of any such increases in manhole size. E. The Owner reserves the right to accept or reject "Contractor Proposed Alternatives”. 1.5 SPECIFICATION REFERENCES A. CONTRACTOR PROPOSED ALTERNATIVES 1. If the Bidder proposes an alternative: (a) The Contractor is required to request, in writing, a determination on the Specifications which will be enforced to govern the construction. This request shall be made directly to the Engineer at the time of bid opening or before. (b) The Engineer shall attempt to provide the Specification requirements prior to the end of the working day to allow the Contractor time to withdraw its bid, if requested by the Contractor. 1.6 SUBMITTALS A. "OR EQUAL" MATERIALS AND/OR METHODS 1. Unless otherwise specified, contractors whose bids are based on "equal" materials and/or methods shall include with their bid the manufacturer name, address, product name, model, specification reference and/or testing certification of the items proposed to be used. The Contractor shall also include evidence of the 'equal' stature of the products proposed. B. PROPOSALS FOR SPECIFIED BID ALTERNATES 1. Unless otherwise specifically requested, no submittals are required. 2. Unless otherwise specifically requested, the Contractor is required to bid at least one of the alternates included in the proposal form, and the Contractor may choose to bid other alternates or not. C. CONTRACTOR PROPOSED ALTERNATIVES Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 74 of 138] City of Orono - C13.108213 ALTERNATES / ALTERNATIVES June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01230-3 1. The Contractor shall contact the Engineer prior to bidding the job to discuss its proposed alternative approach to the methods and materials used or execution of the job. The Engineer shall evaluate the proposed methods and may at the Engineer’s discretion choose to issue an addendum to all contractors or accept the conversation as privileged communication. 2. Unless otherwise specified, the Contractors whose bid includes alternative materials and/or methods shall include with their bid the manufacturer name, address, product name, model, specification reference and/or testing certification of the items proposed to be used. The Contractor shall also include evidence of the 'equal' stature of the products and/or methods proposed. 3. The Contractor shall mark the outside of the bid envelope that alternative methods are included. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 SPECIFIED BID ALTERNATES AND ALTERNATIVES A. Execution of alternates and alternatives specified in these documents shall be governed by the appropriate section of these Specifications. 3.2 CONTRACTOR PROPOSED ALTERNATES AND ALTERNATIVES A. Execution of alternates and alternatives proposed by the Contractor, if accepted by the Owner, shall be governed by those Specifications provided by the Engineer. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 75 of 138] City of Orono - C13.108213 MEASUREMENT AND PAYMENT June 3, 2014 V011714 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01270-1 SECTION 01270 - MEASUREMENT & PAYMENT PART 1 -- GENERAL 1.1 SUMMARY A. Methods of measurement and payment for all items not individually specified shall be according to the appropriate referenced specification standard. 1.2 MEASUREMENT & PAYMENT A. Payment for Hauled Materials: No compensation will be paid for any weigh ticket received after the date shown on the ticket unless prior arrangements are made with the Engineer. Payment for Materials Stored on Site: No compensation will be paid for materials delivered to the site and not incorporated into the project. B. Payment for Major Lump Sum Items: The Contractor shall submit a schedule of values for major items of construction that are bid as lump sum. The schedule shall identify major sections of work and the percentage of the bid price applied to each. Payment shall be made according to the percentage complete of each major section of work. 1.3 SUBMITTALS A. The Contractor shall submit to the Engineer a “Certificate of Conformance” statement stating that the scale used to weigh hauled materials has been tested and calibrated for the current construction season. This Certificate shall be from MnDOT or other reliable scale servicing company. Providing a certified scale and obtaining such “Certificate of Conformance” is the sole responsibility of the Contractor and all costs associated are considered incidental to the materials being supplied. B. Hauled Materials: The Contractor shall furnish numbered weigh tickets which list the Date, Project, Type of Material, Gross Weight, Tare Weight, Material Weight in tons, and Truck Number for each load brought to the construction site. If the individual pay items are identified on a unit weight basis, the Contractor shall provide the Engineer with a summary type spreadsheet which provides accumulative job totals of all aggregate and bituminous materials hauled to the project. This spreadsheet shall be submitted to the Engineer on a weekly basis. C. Procured Materials: The Contractor shall furnish an insurance bond showing the type of material, the amount of material, the valuation of the material, the stored location, the project, the date, the name and address of the surety. D. Compacted Volume Materials: When measurement is specified by the CUBIC YARD, (CY) COMPACTED VOLUME (CV), will be determined by length, width and depth measurements of the material in its placed and compacted position, according to the placement dimensions as shown in the Contract or as designated by the Engineer. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 76 of 138] City of Orono - C13.108213 COORDINATION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01310-1 SECTION 01310 – COORDINATION PART 1 -- GENERAL 1.1 SEQUENCE OF CONSTRUCTION A. A written project management scheduling tool (i.e., critical path (CPM), detailed bar chart, etc.) shall be employed by the Contractor for cost value reporting, planning and scheduling of all work required under the Contract Documents. This schedule shall show the order in which the Contractor proposes to execute the work with dates on which it proposes to start the various phases of the work and the estimated completion date of each phase. The Contractor shall submit a preliminary version of its intended schedule within 10 working days following the Notice of Award on the attached form or on a form of its own choosing. The Contractor is required to show the initial critical path (CPM) of tasks to be performed. B. Unless otherwise approved by the Engineer, the schedule shall also include an anticipated payment schedule for the volume of work to be completed each month. This schedule shall indicate the Contractor's intention and ability to complete the work within the contract times, as specified in Article 4 of the Agreement. C. The Preconstruction Conference as outlined in Section 01315 will not be conducted until the schedule is submitted. In addition, no construction staking shall be provided until the schedule is submitted by the Contractor and reviewed by the Engineer. 1.2 WORKING HOURS A. Except in connection with safety or emergency situations, all work at the site shall be performed during daylight hours. B. The Contractor shall notify the Owner and Engineer of any work planned on Saturday, Sunday, or any legal holidays at least 48 hours prior to such work. C. The Contractor shall coordinate any construction or hauling activity in the vicinity of churches, schools, medical facilities, and funeral homes. The Contractor shall be cognizant of the disruptive effects of continued construction during funerals. The Owner reserves the right to temporarily stop construction within one block of, and during the time of, any funeral procession. No compensation shall be granted to the Contractor due to temporary delays caused by funerals. 1.3 TRAFFIC CONTROL A. See reference Specification 01555 – Maintenance and Control of Traffic. 1.4 COORDINATION WITH BUSINESSES AND PRIVATE PROPERTY OWNERS ADJACENT TO THE PROJECT A. The Contractor shall notify all property owners and occupants adjacent to the project 2 days in advance to allow moving machinery and/or vehicles or other items that may be blocked in or damaged due to the upcoming construction in the area. Access to the properties shall be restored as soon as possible after each phase of construction. 1.5 COORDINATION WITH UTILITY COMPANIES A. The Contractor is responsible for working with public and private utility companies in protecting and/or relocating existing or new utility lines located near and affected by this construction. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 77 of 138] City of Orono - C13.108213 COORDINATION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01310-2 1. Coordination with the utility companies is very important and should be considered in planning the work and the associated extra costs involved. 2. Private utility companies are responsible for their own lines and are so obligated under City Code Agreements to protect and/or relocate their utilities, if required to install new City owned utilities in a given area. B. The Contractor shall consult with the City’s maintenance perso nnel when working around or performing the required sanitary sewer installations. C. The Contractor shall also work with the City’s maintenance personnel to provide for scheduled water shut-downs in a given area and to provide for continued water service to the properties along the project throughout the duration of the project. D. The Contractor shall work with all utility companies, as necessary, to allow for installation and for maintenance of service of gas, power, lighting, telephone, cable TV, etc. in the boulevards or across the streets prior to final shaping of aggregate base and/or topsoil. This coordination with the utility companies is the responsibility of the Contractor and is considered incidental to the construction and no additional compensation shall be granted. 1.6 COOPERATION WITH FIRE & EMERGENCY DEPARTMENTS A. The Contractor shall coordinate all work requiring shutting down water service or limiting access to buildings by emergency equipment with the fire & emergency departments. This shall include notification of the daily construction schedule by the Contractor. 1.7 COOPERATION WITH OTHER CONTRACTORS A. The Contractor shall cooperate with other contractors performing construction on other projects in the vicinity of this Project, including but not limited to allowing access for the delivery of equipment and materials. 1.8 COORDINATION WITH SERVICE PROVIDERS A. The Contractor shall coordinate with the postal service, recycling service, garbage collection service, school bus service, etc. to maintain continual uninterrupted service to all residences and businesses throughout the duration of the project. B. The Contractor shall temporarily relocate mailboxes, haul recycling and garbage for residents to a designated pick up location, etc., as required by the subject service provider. All equipment materials and labor required to coordinate with service providers and maintain services shall be incidental to the Contract. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 78 of 138] City of Orono - C13.108213 PROJECT MEETINGS June 3, 2014 V042611 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01315-1 SECTION 01315 - PROJECT MEETINGS PART 1 -- GENERAL 1.1 SUMMARY A. Pre-construction Conference 1. Prior to the start of the work, a joint meeting will be held with representatives of the Contractor, the Owner, the Engineer, and any other interested parties. This meeting is intended to introduce the various key personnel from each organization and to discuss the start of the work, order of work, labor and legal requirements, insurance requirements, method of payment, shop drawing requirements, protection of existing facilities, location of disposal and stockpile areas, and other pertinent items associated with the project. 2. The Contractor shall be prepared to discuss his proposed detailed construction progress schedule. The construction schedule shall be subject to the review of the Owner, Engineer and applicable agencies. B. Construction Progress Meetings 1. These meetings will require the attendance of the Contractor's Project Manager or other designated staff authorized by the Contractor to discuss project status and negotiate agreements between the Contractor and Owner. Failure of the Contractor to attend scheduled project meetings as required may result in project delays expensed by the Contractor. 2. Meetings will be held between the Owner, Contractor and Engineer for the purpose of reviewing the project schedule or the status of the project. These meetings will be arranged by the Owner, and/or Engineer, as deemed necessary. C. Safety Meetings 1. The Owner, Engineer or their representatives shall be allowed to attend Contractor’s onsite safety meetings. The Contractor shall be responsible for meeting content and coordination and shall inform the Owner, Engineer or their representatives of the time and location of the meeting a minimum of two business days prior to the meeting. 2. The Contractor shall make additional copies of any safety related handouts or materials for distribution to the Owner, Engineer or their representatives. However, the Contractor shall remain the only party responsible for the maintenance of project safety materials. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 79 of 138] City of Orono - C13.108213 SUBMITTALS June 3, 2014 V062612 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01330-1 SECTION 01330 – SUBMITTALS PART 1 -- GENERAL 1.1 SUMMARY A. The Contractor shall submit three (3) copies of all required submittals and sample items as noted below. The Engineer will review them with reasonable promptness. The Contractor shall make all required corrections and file with the Engineer three (3) corrected sets for final review. If the Contractor requires more than two (2) reviewed copies, the Contractor shall submit additional sets. B. The responsibility for completeness of submittals lies with the Contractor. If the Engineer and/or Owner sign the submittal with no exception taken, such action shall not absolve the responsibilities of the Contractor in any way. 1.2 ITEMS TO BE SUBMITTED 1. Written Progress Management Schedule Tool (as defined in Section 01310) - to be reviewed at the Preconstruction Conference. See Article 4 of 00520 Agreement for contractual time requirements. 2. Minnesota Pollution Control Agency (MPCA) - General Storm Water Permit for Construction Activity (MN R100001) – Reference Section 02370 – Erosion & Sediment Control. 3. Concrete Mix Design 4. Bituminous Mix Design (wear and non-wear) 5. Gradation Test Results from 2 separate tests, as required in Source Quality Control provisions of individual sections contained herein, from material stockpiles of aggregates to be used on this project. These tests may be run by the Contractor or its supplier during aggregate production. 6. Geotextile Fabrics - Certificates of Compliance. 7. Sanitary Sewer and Sanitary Sewer Service (a) Manhole structure - shop drawings. (b) Manhole casting - shop drawings. (c) Piping and fittings - Certificates of Compliance. (d) Final televising DVD and log. 8. Seeding - Certificates of Compliance for seed mixture. 1.3 MATERIAL SAFETY DATA SHEETS A. The Contractor shall submit two copies of Material Safety Data Sheets (MSDS) for each material on site to the OWNER. B. The Contractor shall maintain an orderly file of material safety data sheets at the job site. 1.4 RECORD DRAWINGS A. The CONTRACTOR shall maintain at the construction site one complete set of drawings suitably marked to show all deviations from the original set of drawings and other information as specified. Supplementary sketches shall be included, if necessary, to clearly indicate all work as constructed. Sanitary and water service tie-in or stub-out locations shall show station and distances left or right Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 80 of 138] City of Orono - C13.108213 SUBMITTALS June 3, 2014 V062612 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01330-2 of the survey control centerline. Existing sanitary and water service piping material type and size at the tie-in locations shall be noted also. B. All manholes, watermain bends and valves shall be located with tie-off dimensions to known items on the plans or in the field to enable the Contractor or City personnel to locate these structures for adjustment. C. All work shall be clearly shown and the record drawings shall be satisfactory to the OWNER in order to insure that adequate information is indicated to show the actual construction. The complete set of the record drawings shall be submitted to the ENGINEER prior to submittal of the final Application for Payment. Failure of the CONTRACTOR to maintain an up-to-date set of record drawings on the project site shall be reason to withhold payments. All underground lines shall be determined from the record drawings. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 SUBMITTAL ROUTING A. All submittals shall be approved by the Contractor prior to submission to the Engineer. B. A Letter of Transmittal that identifies the submitted item and the review action required shall accompany all submittals. 1. The Contractor shall be responsible for filling in the following information on the Letter of Transmittal: (a) Date. (b) Submittal No. (c) Identify what is being sent checking the appropriate box. (d) No. Copies Submitted. (e) Identify the Specification Section the attached information relates to. (f) Subject of Shop Drawing or Other Submittal. (g) Check whether the Shop Drawings are or are not in compliance. (1) If not in compliance, list the features which are not. (h) Sign and Date. 3.2 RESPONSIBILITY A. The Engineer's review of a submittal shall not relieve the Contractor from the responsibility for deviation from the drawings and specifications unless the Contractor has, in writing, called the Engineer's attention to the deviations at the time of submission; nor shall it relieve the Contractor from the responsibility of errors in the submittals. B. All submittals shall be reviewed by the Engineer prior to their incorporation into the project. If materials are installed without prior review, they will be subject to removal, at the Contractor's expense, if the material is found to be non-conforming to the Specifications. C. Emailed submittals to the Engineer in pdf format will be accepted. **** END OF SECTION **** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 81 of 138] City of Orono - C13.108213 SUBMITTALS June 3, 2014 V062612 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01330-2 Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 82 of 138] City of Orono - C13.108213 SPECIAL PROJECT PROCEDURES June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01350-1 SECTION 01350 –SPECIAL PROJECT PROCEDURES PART 1 -- GENERAL 1.1 SUMMARY A. This section covers special features of this project which may require individual attention of the Contractor and/or the subcontractors. Descriptions contained herein are intended as a service and to prevent oversights by the Contractor. However, the Contractor shall remain the only party liable for the performance of all provisions included in the Contract Documents. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION **** END OF SECTION **** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 83 of 138] City of Orono - C13.108213 REGULATORY REQUIREMENTS June 3, 2014 V092712 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01410-1 SECTION 01410 - REGULATORY REQUIREMENTS PART 1 -- GENERAL 1.1 SUMMARY A. Applicable codes and standards referred to in these specifications shall establish minimum requirements for equipment, materials, construction and shall be superseded by more stringent requirements of drawings and specifications when and where they occur. B. All equipment furnished and installed under the contract shall be designed, fabricated, assembled, installed, and placed into service. The equipment will conform to the applicable provisions of the Federal and State Safety and Health Standards, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. C. All construction methods and tools shall comply with commonly accepted standards for safety and health of personnel engaged on construction, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. D. Any conflicts between specifications and applicable codes and standards shall be referred to the Engineer. 1.2 PERMITS OBTAINED BY OWNER A. The Owner has applied for the following permits from appropriate authorities. It is anticipated that permission to proceed will be authorized prior to execution of Contract. The Contractor shall perform all work and conduct itself in full accordance with the requirements of the applicable permit: 1. Minnesota Pollution Control Agency (MPCA) - General Storm Water Permit for Construction Activity (MN R100001) B. The Contractor shall be responsible for meeting any bonding or insurance requirements which may be required as a condition to any permit, listed above. 1.3 PERMITS OBTAINED BY CONTRACTOR A. The Contractor shall secure and pay the cost of any other permits not mentioned above, which may be required including but not limited to: 1. Work within City right-of-way permit. 2. Building permits. 1.4 WORK WITHIN A RAILROAD RIGHT OF WAY A. No work within railroad right-of-way is anticipated as part of this project as designed. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 84 of 138] City of Orono - C13.108213 REGULATORY REQUIREMENTS June 3, 2014 V092712 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01410-2 PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 85 of 138] City of Orono - C13.108213 SPECIFICATION REFERENCE June 3, 2014 V010914 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01420-1 SECTION 01420 - SPECIFICATION REFERENCE PART 1 -- GENERAL 1.1 GENERAL CONDITIONS A. The "Standard General Conditions of the Construction Contract" (2007 Edition), prepared by Engineers Joint Contract Documents Committee, and issued and published jointly by Professional Engineers in Private Practice (a Practice Division of the National Society of Professional Engineers), American Consulting Engineers Council, American Society of Professional Engineers and the Construction Specifications Institute, and Supplementary Conditions shall govern the work of all persons engaged in the performance of the Contract. B. The specifications listed in this section are not all inclusive, i.e., there may be other specifications referenced in individual specification sections that are not listed in this Section. 1.2 SOIL DISTURBING ACTIVITIES A. Minnesota Pollution Control Agency (MPCA) - General Storm Water Permit for Construction Activity (MN R100001) 1. Details of the Permit are available on request from the Engineer, or at. (a) Storm Water Program - http://www.pca.state.mn.us/water/stormwater/stormwater-c.html (b) Permit itself - http://www.pca.state.mn.us/publications/wq-strm2-51.doc 1.3 WATERMAIN, SANITARY SEWER AND STORM SEWER CONSTRUCTION A. Watermain, sanitary sewer and storm sewer construction shall conform to the applicable provisions of the "Standard Utilities Specifications for Trench Excavation and Backfill/Surface Restoration Watermain and Service Line Installation and Sanitary Sewer and Storm Sewer Installation" as published by the City Engineers Association of Minnesota, (CEAM) 2013 Edition. B. Copies of the Standard Utilities Specifications may be downloaded and printed from the “DOCUMENTS´ portion of the City Engineers Association of Minnesota (CEAM) web site at: WWW.CEAM.ORG C. References to the standard specifications shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information of modification shall remain in effect as originally written. D. THREADED ITEMS - All threaded items furnished under this contract, including but not limited to mechanical joint connectors, flanged joint connectors, mainline valves, saddles, corporation stops, curb stops, hydrants, and air release valves shall be furnished to the nominal size as specified with ENGLISH threads. Should the Contractor choose to supply any items with metric threads, the Contractor shall supply full shop drawings of the item(s) with special attention drawn to the metric thread designation proposed. 1.4 GRADING, STREET AND SURFACE IMPROVEMENTS A. All of Divisions II and III, and any specifically referenced Division I sections of the Minnesota Department of Transportation (MnDOT), "Standard Specifications for Construction", 2014 Edition, together with all the Supplemental Specifications and MnDOT Technical Memoranda in force 30 calendar days prior to bid date and referencing the use of English units of measure, shall apply to all Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 86 of 138] City of Orono - C13.108213 SPECIFICATION REFERENCE June 3, 2014 V010914 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01420-2 construction performed under this Contract except as modified in these Specifications. Unless noted, the requirements in the Specifications are in addition to the MnDOT Specification section being referenced. MnDOT Division Applicable I Only when specifically referenced. II & III Always. B. Whenever the word "Contracting Authority," "Department" or "Owner" is used in the sense of ownership as part of these Specifications and Contract, it shall mean Owner as defined in the Agreement. C. References to the standard specifications shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information or modification shall remain in effect as originally written. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 THE CONTRACTOR SHALL HAVE THE FOLLOWING DOCUMENTS AT THE SITE AT ALL TIMES DURING THE CONSTRUCTION: A. The applicable edition of MnDOT Standard Specification for Highway Construction. B. Any Supplemental Specifications to the applicable edition of MnDOT Standard Specification for Highway Construction. C. Any Technical Memoranda specifically referenced or linked to the execution of the Contract Documents. D. MnDOT Standard Plates Manual. E. Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), current edition. F. Minnesota Temporary Traffic Control Zone Layouts Field Manual, current edition. G. Project Manual H. "Standard Specifications" as published by the City Engineers Association of Minnesota, (CEAM) 2013 Edition. I. The Storm Water Pollution Prevention Plan (SWPPP), including completed inspection reports, developed for this project. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 87 of 138] City of Orono - C13.108213 ABBREVIATIONS June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01425-1 SECTION 01425 – ABBREVIATIONS PART 1 -- GENERAL 1.1 WHEREVER THE FOLLOWING ABBREVIATIONS ARE USED, THEY SHALL HAVE THE MEANINGS INDICATED: A. AASHTO American Association of the State Highway and Transportation Officials B. ACI American Concrete Institute C. AI The Asphalt Institute D. ASTM American Society for Testing and Materials E. AWWA American Water Works Association F. CEAM City Engineer's Association of Minnesota G. CLFMI Chain Link Fence Manufacturers Institute H. MnDOT Minnesota Department of Transportation I. OSHA Occupational Safety and Health Administration J. PCA Portland Cement Association or Minnesota Pollution Control Agency (context obvious) K. SWPPP Storm Water Pollution Prevention Plan PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 88 of 138] City of Orono - C13.108213 QUALITY CONTROL June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01450-1 SECTION 01450 - QUALITY CONTROL PART 1 -- GENERAL 1.1 SCOPE OF TESTS A. All materials, equipment, installation, and workmanship included in this contract, if so required by the Engineer, shall be tested and inspected to prove compliance with the contract requirements. B. All tests and inspections shall be completed under the direct supervision of a licensed professional engineer. All tests and inspections shall be the responsibility as identified in the individual sections of these specifications and shall be reported directly to the Owner and Engineer. C. No tests specified herein shall be applied until the item to be tested has been inspected and approval given for the application of such tests. D. Tests and inspections shall include all those specified in the individual sections and shall be compensated in accordance with the individual sections. E. Tests and inspection, unless otherwise specified or accepted, shall be in accordance with the recognized standards of the industry. F. Soil compaction testing performed by the Owner is deemed to be for the convenience of the Owner for documentation of the progress and performance of the work. Soil compaction testing results will be made available to the Contractor. However, the Owner and Engineer make no representations that the number of tests taken will be sufficient to accurately characterize the condition of any trench, and the Contractor shall take any supplemental test it deems necessary to monitor its own performance. The Owner may, at its discretion, eliminate soil and compaction testing on any part or the entire project. The presence or absence of soil and compaction testing or the approval of the results thereof shall in no way reduce the Contractor’s obligation to correct trench settlement as described in these Special Provisions. 1.2 FINAL TESTING AND START-UP A. If, under test, any portion of the work fails to fulfill the contract requirements and is altered, renewed or replaced, tests on that portion so altered, removed, replaced, together with all other portions of the work as are affected thereby, shall, if so required by the Engineer, be repeated within reasonable time and in accordance with the specified conditions and the Contractor shall pay to the Owner all reasonable expenses incurred by the Owner as a result of the carrying out of such tests. 1.3 TESTING AND LABORATORY SERVICES A. Independent Testing Laboratory 1. Where in the individual sections of this Specification, tests or inspections are required to be furnished by the Contractor by an independent testing laboratory, the Contractor shall employ and arrange for, at its expense, the services of an approved independent testing laboratory satisfactory to the Engineer to perform the testing utilizing recognized standard procedures and criteria. B. Reports and Certificates Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 89 of 138] City of Orono - C13.108213 QUALITY CONTROL June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01450-2 1. The Contractor shall submit reports and certificates of all inspections and test to the Engineer in duplicate. The reports and certificates become the property of the Owner. C. Sample Materials 1. The Contractor shall furnish all sample materials required for these tests and shall deliver the same without charge to the testing laboratory or other designated agency when and where directed by them. D. Additional Tests 1. In addition to those tests required by the individual technical specifications and/or referenced specifications: (a) Additional tests required beyond these required under this specification may be ordered by the Engineer to settle disagreements with the Contractor regarding quality of work done. If the work is defective, the Contractor shall pay all costs of the additional tests and shall correct the work. If the work is satisfactory, the Owner will pay for the additional tests. 1.4 ENGINEER'S REPRESENTATIVES AND TESTING A. The Engineer may provide a Resident Project Representative (RPR) to ascertain that the work is accomplished properly and in accordance with the plans and specifications. The RPR shall have full access to the work and shall be given full cooperation. The RPR shall have the authority, subject to the final decision of the Engineer, to reject any defective work or material. The RPR shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer. B. The presence of the Engineer or any RPRs, however, shall not relieve the Contractor of the responsibility for the proper execution of the work in accordance with all requirements of the Contract Documents. Compliance is a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of the Engineer or any RPRs. 1.5 SITE INVESTIGATION AND CONTROL A. The Contractor shall verify all dimensions in the field and shall check field conditions continuously during construction. The Contractor shall be solely responsible for any inaccuracies built into the work due to his failure to comply with this requirement. B. The Contractor shall inspect related and appurtenant work and shall report in writing to the Engineer any conditions, which will prevent proper completion of the work. Failure to report any such conditions shall constitute acceptance of all site conditions, and any required removal, repair or replacement caused by unsuitable conditions shall be performed by the Contractor at his sole cost and expense. 1.6 RIGHT OF REJECTION A. The Engineer, acting for the Owner, shall have the right, at all time and places, to reject any articles or materials to be furnished hereunder which in any respect, fail to meet the requirements of these specifications, regardless of whether the defects in such articles or materials are detected at the point of manufacture or after completion of the work at the site. If the Engineer or RPR, through an oversight or otherwise, has accepted materials or work which is defective or which is contrary to the specifications, such material, no matter in what stage or condition of manufacture, deliver, or erection, may be rejected by the Engineer for the Owner. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 90 of 138] City of Orono - C13.108213 QUALITY CONTROL June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01450-2 PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 91 of 138] City of Orono - C13.108213 MOBILIZATION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01500-1 SECTION 01500 – MOBILIZATION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the mobilization of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to construct the project, including but not limited to, the demobilization associated with closing the project, removing all equipment, removing excess materials, and general clean-up. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Mobilization shall be measured by the LUMP SUM and paid in accordance with the following schedule. 1. On the first partial estimate that shows work performed on at least one major contract item, 25 percent of the amount bid for Mobilization will be paid, but not more that 3 percent of the original Contract amount. 2. On subsequent partial estimates, payment shall be made at the same percentage as the value of work completed to date relative to the original Contract amount, except that payment shall not be reduced from the original 25 percent. Materials on hand shall be excluded from the payment ratio computation. 3. At such time that 95 percent of the original Contract amount is earned, full payment for Mobilization shall be made. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2021 shall apply to mobilization. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 92 of 138] City of Orono - C13.108213 MAINTENANCE OF HAUL ROADS & TEMPORARY ACCESS June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01550-1 SECTION 01550 - MAINTENANCE OF HAUL ROADS & TEMPORARY ACCESS PART 1 -- GENERAL 1.1 MAINTENANCE A. The Contractor shall notify and obtain the approval of the local governmental authority for the use of all haul roads and construction easement areas within the City limits not specifically noted below. The Contractor will be required to deliver new materials and dispose of all excavated material plus removal items only on designated haul roads. This also applies to equipment entering and leaving the project site such as backhoes and front end loaders. B. Allowable City street and project haul roads are described as follows: 1. Rest Point Road 2. Rest Point Circle C. The Contractor shall confine all operations, ingress and egress to the designated haul roads. The Owner may assess a fee in the amount of $ 500 per day for each day that the Contractor occupies or travels on non-designated haul roads. The fee shall be in addition to damages assessed against the Contractor to repair damage caused to the roadway. D. The Contractor shall maintain and repair any damage to haul roads. Maintenance shall include, but not be limited to, the following: blading, patching, signing, graveling and dust control. This work will be at the Contractor's expense, without any direct compensation being made other than the payment received for Contract items. E. The Contractor shall be responsible for all roadbed maintenance over backfilled trenches and roadbed subgrade during the construction period. 1.2 REFERENCED SPECIFICATION A. MnDOT Specification 1515, Control of Haul Roads B. MnDOT Specification 2051, Maintenance and Restoration of Haul Roads. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Reclaimed bituminous and salvaged aggregate base may be used for temporary access surfacing. No additional compensation shall be granted for the installation, removal and disposal of materials utilized in this way. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 93 of 138] City of Orono - C13.108213 MAINTENANCE AND CONTROL OF TRAFFIC June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01555-1 SECTION 01555 - MAINTENANCE AND CONTROL OF TRAFFIC PART 1 -- GENERAL 1.1 SUMMARY A. Traffic Control 1. All traffic control methods shall conform to the provisions of the latest edition of the Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), including its supplements and Part VI, "Field Manual for Temporary Traffic Control Zone Layouts", the "Guide to Establishing Speed Limits in Highway Work Zones", the Minnesota Flagging Handbook, the provisions of MnDOT 1404 and 1710, the Minnesota Standard Signs Manuals Parts I and II, the Traffic Engineering Manual Chapter 8 Appendixes 8-8.02 and 8-8.03, the Traffic Control Layouts/Typical Traffic Control Layouts in the Plans. 2. The Contractor shall furnish, install, maintain and remove all traffic control devices including, but not limited to, construction signs, barricades and barricade weights, traffic marking tape, and warning lights which are needed for the guidance, warning and control of traffic adjacent to and through this project. 3. The Contractor shall provide sufficient surveillance of the traffic control devices to insure compliance during the entire construction period. The Contractor shall furnish names, addresses, and phone numbers of at least two (2) local individuals capable of immediate response who will be responsible for the site security and traffic control devices to: The Engineer The Owner Local Law Enforcement Agencies 4. The Contractor shall respond with sufficient personnel, equipment and/or materials and conduct the required work or be subject to a $ 100 per hour deduction from the time of notification for non-attention to project security and safety. 5. The Contractor shall schedule the work to cooperate fully with residential and business property owners abutting the project to minimize the time of restricted access to their property during the construction period. Driveway access to any property adjacent to the construction zone shall be restricted no more than seven days to allow for curing of the concrete curb and driveway pavement. 6. The cost of maintaining vehicular and pedestrian traffic on temporary aggregate surfaced drives, walkways, including the eventual removal of the aggregate material, shall be considered incidental to traffic control. 7. If it is necessary to enter upon a right-of-way controlled by the County or Minnesota Department of Transportation, the Contractor shall notify the appropriate agency before commencing construction within the right-of-way. 8. In the event that any of the above right-of-way require traffic to be detoured around the construction zone, the Contractor shall prepare the detour route with the appropriate Agency representatives. The Contractor shall provide and maintain all signing and other traffic control required. The affected Agency shall be notified by the Contractor before re-routing traffic. Dust control and road maintenance of the by-pass route shall be the Contractor's responsibility. 9. The Contractor shall be responsible for securing a site for storage of construction equipment and materials. B. General Construction and Traffic Requirements Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 94 of 138] City of Orono - C13.108213 MAINTENANCE AND CONTROL OF TRAFFIC June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01555-2 1. The parking of Contractor's Vehicles that obstruct any traffic control devices will not be permitted. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Traffic Control shall be measured by the LUMP SUM and paid in accordance with the following schedule. 1. On the first partial estimate that shows work performed on at least one major contract item, 25 percent of the amount bid for Traffic Control will be paid, but not more that 3 percent of the original Contract amount. 2. On subsequent partial estimates, payment shall be made at the same percentage as the value of work completed to date relative to the original Contract amount, except that payment shall not be reduced from the original 25 percent. Materials on hand shall be excluded from the payment ratio computation. 3. At such time that 95 percent of the original Contract amount is earned, full payment for Traffic Control shall be made. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The Contractor shall notify the Engineer in writing at least 72 hours prior to the start of any construction operation that will necessitate lane closure or internal traffic control signing. B. The traffic control devices required along the project corridor shall be delivered and installed prior to the start-up of the work. C. The Contractor shall maintain traffic through the intersections whenever possible. D. The Contractor shall monitor and maintain all traffic control devices. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 95 of 138] City of Orono - C13.108213 AIR, LAND AND WATER POLLUTION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01562-1 SECTION 01562 - AIR, LAND AND WATER POLLUTION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary for the prevention of air, land and water pollution as indicated on the plans or as specified herein or as directed by the Engineer. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Payment for the prevention of air and land pollution shall be incidental to the project and no separate compensation will be granted 2. Payment for all work associated with the prevention of water pollution and erosion control shall be incidental to the project and no separate compensation will be granted, unless payment for such work is specifically identified in Section 02370 of these Specifications. B. SPECIFICATION REFERENCES 1. MnDOT Specification Section1717 shall apply to the prevention of air, land and water pollution. 2. MnDOT Specification Section 2573 shall apply to storm water management. 3. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 GENERAL A. The Contractor shall provide and maintain all sanitary accommodations for use by employees. B. All solid waste material shall be disposed by the Contractor in accordance with the local and State solid waste disposal regulations. 3.2 DUST CONTROL A. The Contractor shall perform dust control operations necessary to proactively prevent the production of dust in amounts to cause nuisance or damage to property, vegetation, animals, or persons in the vicinity of the construction. B. The Contractor shall keep the surface of construction work areas and unpaved haul roads moist by spraying with uncontaminated water so as to prevent, not just reduce, airborne dust. C. The Contractor shall suspend construction or haul traffic when the Contractor cannot prevent airborne dust until such time as dust control can be re-established to the required levels. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 96 of 138] City of Orono - C13.108213 AIR, LAND AND WATER POLLUTION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01562-2 D. The Contractor shall be responsible for any damage resulting from dust originating from the construction. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility under these Contract provisions. E. Requests by the Owner or Engineer for additional water to be placed for dust control shall be accomplished within 4 hours of notification and shall also include evenings and weekends as required or deemed necessary by the Owner or the Engineer. Failure to perform the work requested within the 4 hours may result in the Owner or Engineer arranging for dust control by others. A contract deduction shall be made equal to the total of all costs to perform dust control so arranged, including not limited to labor, materials, equipment and administrative costs. 3.3 USE OF CHEMICALS A. Reference Storm Water Pollution Prevention Plan (SWPPP). ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 97 of 138] City of Orono - C13.108213 FIELD ENGINEERING June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01720-1 SECTION 01720 - FIELD ENGINEERING PART 1 -- GENERAL 1.1 STAKING A. Unless otherwise specified in the specific sections, Owner shall provide engineering surveys to establish reference points for construction as follows: 1. Street Grading and Top of Curb: A control line (usually offset from the curb line) with cuts and fills to proposed grade at 50 foot spacing on tangents, and 25 foot spacing on horizontal or vertical curves, shall be furnished and set on both sides for control of the construction herein described. 2. Concrete Paving: Control lines for paving forms or stringline control with cuts and fills to proposed finished grade at 25 or 50 foot stations shall be furnished and set by the Engineer for control of the concrete construction herein described. The offset and actual form or stringline locations shall be in accordance with the paver manufacturer's recommendations and the approved paving strategy as determined at the Preconstruction conference. 3. Miscellaneous: Location stakes will be provided for silt fence locations at 100 foot spacing. Location stakes representing clearing and grubbing limits will be provided at 100 foot spacing. 4. The Contractor shall give the Engineer sufficient notice, normally two working days, to provide staking for the orderly progress of the work and shall provide clear line of sight for all staking. 5. The stakes are an integral part of the project and the Contractor shall protect and preserve all such stakes and marks, and may be charged with the expense of resetting all such stakes and marks destroyed or disturbed due to the Contractor's carelessness or negligence. Stakes that are destroyed due to vandalism, erosion or other incidents shall be re-staked by the Engineer, at the Contractor’s expense. 6. In the event of apparent or questionable errors or inconsistencies in such stakes set for control of line and/or grade, the Contractor shall promptly notify the Engineer of such error or inconsistency and shall not proceed with the work until such stake, grade, or mark shall have been verified or corrected by the Engineer. 7. All other line and grade staking shall be the responsibility of the Contractor. The Contractor shall furnish sufficient equipment and personnel for determination of plan grades, cross sections, course thicknesses, etc. The survey cost of establishing stakes requested by the Contractor for the convenience of the Contractor, beyond those cited as basic project control, will be charged to the Contractor or withheld from the amounts due to the Contractor. B. Unless otherwise stated in the applicable section of the Specifications or waived by the Engineer, the Contractor shall provide Blue Tops prior to final paving for subgrade and aggregate base construction. 1.2 SPECIFICATION A. Water Distribution System - See CEAM 2611.3 (A2). B. Pipe Sewers - See CEAM 2621.3 (A2). Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 98 of 138] City of Orono - C13.108213 FIELD ENGINEERING June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01720-2 PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 99 of 138] City of Orono - C13.108213 PROJECT CLOSEOUT June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01770-1 SECTION 01770 - PROJECT CLOSEOUT PART 1 -- GENERAL 1.1 FINAL INSPECTION A. After the cleaning up of the work, premises, and all other areas and structures connected with the performance of the contract, the work as a whole, shall be examined by the Engineer and Owner; and, any workmanship or materials found not meeting the requirements of the specifications shall be identified and included on a punch list given to the Contractor. B. The Contractor shall, at its own expense, promptly remove, replace, repair, or otherwise correct the deficiencies with good and satisfactory workmanship and material to the satisfaction of the Owner and Engineer. C. In the event that the Contractor does not satisfactorily remove, replace, repair, or otherwise correct the deficiencies within thirty (30) calendar days after receipt of the punch list, the Owner reserves the right to employ the services of other contractors and/or service organizations to conduct the necessary work and deduct any and all associated costs from final payment to the Contractor. The entry of such other agents on the project to perform this work will not relieve the Contractor from any of its warranty, maintenance or start-up obligations. 1.2 PROJECT ACCEPTANCE A. The project shall be accepted after the final examination has been conducted and all settlement, defects, damages, etc., discovered during the previous examination have been remedied. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) **** END OF SECTION **** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 100 of 138] Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 101 of 138] City of Orono - C13.108213 June 3, 2014 © Bolton & Menk, Inc. 2014, All Rights Reserved Division 2 -1 TECHNICAL SPECIFICATIONS REST POINT ROAD STREET IMPROVEMENTS CITY OF ORONO ORONO, MN 02220 - REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES 02230 - CLEARING AND GRUBBING 02330 - EXCAVATION AND EMBANKMENT - ROADWAY & PAVEMENT 02335 - SUBGRADE PREPARATION 02370 - EROSION & SEDIMENT CONTROL (LESS THAN ONE ACRE DISTURBANCE) 02705 - MANHOLES & CATCH BASINS - ADJUST CASTING 02720 - AGGREGATE BASE 02730 - AGGREGATE SURFACING 02740 - PLANT-MIXED BITUMINOUS SURFACING 02920 - TURF RESTORATION Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 102 of 138] City of Orono - C13.108213 REMOVE PAVEMENT AND MISCELLANEOUS STRUCTURES June 3, 2014 V050208 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02220-1 SECTION 02220 - REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the removal of pavement and miscellaneous structures as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. The UNIT PRICE bid for removing pavement and miscellaneous structures shall include all costs of labor, materials, equipment and ultimate disposal required to complete the work, as specified. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the associated removal and excavation items. Such items of work include but are not limited to: 1. Saw cutting - bituminous and/or concrete, driveways, sidewalks, pavements, curb & gutter, and other impervious surfaces. 2. Removing storing and reinstalling mail boxes, street/traffic signs or similar structures which must be moved to construct the project. 3. Off-site disposal of excess excavated material and debris. 4. Removal and off-site disposal of bituminous or concrete, unless designated for salvaging. 5. Removing, salvaging and storing, or disposing of manhole and catch basin castings. 6. Loading, hauling, stockpiling and placing as directed (i.e., leveling) designated salvage items to a location directed by the Owner. 7. Fees and permits for the disposal of materials. 8. Removal and disposal of existing sanitary sewer pipe, storm sewer pipe, watermain, and service pipes. 9. Bulkheading the ends of existing pipes designated by the Engineer to be abandoned in place. 10. Protection from damage of structures or other surface improvements that are not to be removed, and subsequent repair and/or replacement if damaged by Contractor operations. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2104 shall apply to the removal of pavement and miscellaneous structures, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.4 SUBMITTALS A. No exception to the referenced specification is made. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 103 of 138] City of Orono - C13.108213 REMOVE PAVEMENT AND MISCELLANEOUS STRUCTURES June 3, 2014 V050208 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02220-2 PART 2 -- PRODUCTS 2.1 NO EXCEPTION TO THE REFERENCED SPECIFICATION IS MADE. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Remove existing bituminous, curb and gutter, walks, drives, steps and other specified items where shown on the plans and/or required for the construction of the project. B. Saw cut bituminous and concrete surfaces prior to excavation, to produce a clean-cut breakage joint. C. Dispose of all concrete and bituminous removal items, rubbish and debris outside of the construction zone. It shall be the Contractor's responsibility to secure all required permits and pay all fees associated with the disposal of the material and to secure the disposal site. D. Remove existing mailboxes, street/traffic signs and similar structures that must be removed to construct the project. Restore these facilities to the original location or a location designated by the Owner, when work has progressed past the location of the structure. The Contractor shall reinstall or replace those structures which are damaged or lost during the course of construction with new materials or components. E. The Contractor shall take full responsibility to protect structures or other surface improvements from damage that are not to be removed. If damage to these facilities occurs due to the construction of the project, the Contractor shall replace or repair them. F. The Owner will designate which existing hydrants, valves and boxes, manhole castings and other items removed as part of the construction, are to be salvaged. All other items shall be disposed by the Contractor. G. In general, all existing watermain, sanitary sewer and storm sewer pipe being replaced by new improvements shall be considered as debris and removed during the construction process. In certain instances, existing pipes may be abandoned in place, with the approval of the Engineer. H. Where existing pipes are to be abandoned in place, the exposed pipe ends shall be bulkheaded shut with a watertight non-shrink concrete grout at a thickness of not less than one pipe diameter. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 104 of 138] City of Orono - C13.108213 CLEARING AND GRUBBING June 3, 2014 V050208 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02230-1 SECTION 02230 - CLEARING AND GRUBBING PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to clearing and grubbing trees, stumps and brush as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. No exception to the referenced specification is made. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for clearing and grubbing. Such items of work include but are not limited to: 1. Permits and fees for the disposal of materials. 2. Protecting existing improvements from damage. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2101 shall apply to clearing and removing trees, stumps and brush, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS A. No exception to the referenced specification is made. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. All trees, stumps, brush, seed, grass, roots or other undesirable material within the construction limits shall be disposed of by the Contractor. B. Disposal methods shall be approved by the Engineer and shall meet all Local, State and Federal regulations. C. Burning or burial will not be allowed within city limits. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 105 of 138] City of Orono - C13.108213 EXCAVATION AND EMBANKMENT - ROADWAY & PAVEMENT June 3, 2014 V050208 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02330-1 SECTION 02330 - EXCAVATION AND EMBANKMENT - ROADWAY & PAVEMENT PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performance of all work and services necessary or incidental to the excavation and embankment for roadways and pavements as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Common Excavation: (a) Measurement and payment for Common Excavation shall be based upon the CUBIC YARD, PLAN QUANTITY - CY(P). (b) Excavation for construction of aggregate base to the depths specified or shown on the plans under concrete curb and gutter, concrete sidewalk and concrete driveways is included with the Common Excavation (P) quantity. (c) Unless specifically identified as a separate bid item, reclaiming existing bituminous material, mixing with underlying granular material, loading and temporarily stockpiling the mixture is considered incidental to the Common Excavation. 2. Subgrade Excavation: (a) All excavation directed by the Engineer below the common excavation zone or limits indicated in the typical sections or cross sections in the plans shall be considered Subgrade Excavation. (b) Measurement and payment for Subgrade Excavation will be by the CUBIC YARD, EXCAVATED VOLUME - CY (EV) based on the dimensions of the excavated area. (c) The quantities for Subgrade Excavation is strictly an estimate and may be increased or decreased by any amount with no adjustment in unit price according to the conditions revealed. 3. Backfill for Subgrade Excavations: (a) No direct compensation will be made for backfilling subcut areas with suitable material from the excavation. (b) Payment for stabilizing aggregate, reclaimed bituminous/aggregate, or aggregate base used to backfill subgrade excavations will be based on the unit of measure and the unit price bid for the respective items. (c) The quantities for materials used to backfill subgrade excavations are strictly estimates and may be increased or decreased by any amount with no adjustment in unit price according to the conditions revealed. 4. Topsoil Borrow: (a) No direct compensation will be made for salvaging, stockpiling and replacing topsoil salvaged from within the construction limits. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 106 of 138] City of Orono - C13.108213 EXCAVATION AND EMBANKMENT - ROADWAY & PAVEMENT June 3, 2014 V050208 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02330-2 (b) Measurement and payment for furnishing and installing topsoil borrow shall be based upon the CUBIC YARD, LOOSE VOLUME - CV (LV). (c) The quantities for topsoil borrow are strictly estimates and may be increased or decreased by any amount with no adjustment in unit price according to the extent of existing topsoil salvaged and other conditions revealed. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for work. The costs shall be included in the unit price bid for the associated excavation items. Such items of work include but are not limited to: 1. Reclaiming existing bituminous material, mixing with underlying granular material, loading and temporarily stockpiling the mixture (unless specifically identified as a separate bid item). 2. Disposal of bituminous/aggregate reclamation material that is determined by the Engineer to be unsuitable for re-use. 3. Salvaging, separating, separately stockpiling and re-spreading topsoil material in turf areas to the depths specified or indicated on the plans. 4. Salvaging and separately stockpiling suitable aggregate base material, as determined by the Engineer. 5. Separating, salvaging, stockpiling and replacing clay borrow in roadway, structure, and embankment areas. 6. Earthwork balancing including adjustments for shrinkage loss, and excess materials resulting from the additional volume created from pipe bedding, utility pipe, and/or underground structures shall be included in the unit price bid for common excavation. 7. Protecting existing improvements and previously accepted in-process improvements from damage. 8. The avoidance of wetlands. 9. Subcutting the existing topsoil prior to placing embankment in all roadway, patio and trail locations. 10. Subgrade excavation, furnishing stabilizing aggregate, geotextile fabric installation, compaction, regrading and/or other efforts necessary to repair the subgrade for failing to protect the integrity of the subgrade after it has been accepted (test rolled). 11. Restoring the borrow site by grading the area to drain properly to slopes not-to-exceed 6:1 and by restoring the topsoil to a minimum thickness of 6 inches, include in the contract unit price for common borrow. 12. Shaping, stockpiling, & seeding of all disposal sites shall be included in the price bid for common excavation. 13. Gradation and compaction testing and geotechnical inspection services to meet requirements of source and field quality control, if required 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2105 shall apply to excavation and embankment, except as modified herein. B. MnDOT Specification Section 2574 shall apply to excavation and embankment, except as modified herein. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 107 of 138] City of Orono - C13.108213 EXCAVATION AND EMBANKMENT - ROADWAY & PAVEMENT June 3, 2014 V050208 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02330-3 PART 2 -- PRODUCTS 2.1 MATERIALS A. All excess excavated material shall become the property of the Contractor and shall be removed from the site and disposed of at a site secured by the Contractor. B. Unsuitable excess excavated material shall become the property of the Contractor and shall be removed from the site and disposed of at a site secured by the Contractor. C. Stabilizing aggregates for use in backfilling subgrade excavations shall be material generally produced and referred to as “1 ½ -inch dust free aggregate" or other coarse aggregate found to be in general compliance by the Engineer. Aggregate base, Class 5 may also be used at the direction of the Engineer. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. At the end of each day the Contractor shall eliminate surface indentations, including those caused by sheeps foot rollers, tractor tires and tracked equipment, and roll the surface with a steel wheel or rubber tired roller. B. Subgrade excavation shall be performed, as directed by the Engineer, for the removal of any unstable soils that may be encountered. Such excavation shall be backfilled with suitable excess common excavation material or stabilizing aggregate as directed by the Engineer. If the Contractor proceeds without approval from the Engineer or Owner, all work and material to restore the roadbed to the proper grade shall be at the Contractor’s expense. C. Once the subgrade has been test rolled and accepted by the Engineer, no traffic or construction equipment shall be permitted to operate directly on the subgrade without the prior approval of the Engineer. The subgrade shall be relatively smooth prior to the placement of aggregate base. All equipment shall be restricted to operating only in areas where the aggregate base has been installed to its full design depth. D. Material suitable for curb backfill shall be segregated and stockpiled at a site selected by the Contractor. Following curb construction, the material shall be placed behind the curb to the subgrade level of the topsoil. E. The Contractor shall salvage and stockpile all topsoil removed during the course of the construction. This topsoil shall be used where required for turf establishment as directed by the Engineer. F. Sufficient excavated material shall be utilized by the Contractor to replace loss volume due to soil shrinkage from trench excavation that may occur through the course of construction. The Contractor shall make his own determination of the amount of shrinkage that will occur. G. All embankment shall be compacted using the Specified Density Method: 1. Under areas with proposed paved or structural improvements: (a) 100% Standard Proctor from the proposed pavement subgrade elevation down 3 feet. (b) 95% Standard Proctor from the bottom of excavation up to 3 feet below the subgrade elevation. 2. Under areas with no proposed paved or structural improvements: Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 108 of 138] City of Orono - C13.108213 EXCAVATION AND EMBANKMENT - ROADWAY & PAVEMENT June 3, 2014 V050208 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02330-4 (a) 95% Standard Proctor. 3.2 SOURCE QUALITY CONTROL A. The Owner may arrange for having the following testing performed: 1. One (1) gradation test per each 500 tons or 275 cubic yards (CV) of select granular borrow. 2. One (1) gradation test for stabilizing aggregate. B. Samples for testing shall be taken from material in stock at locations approved by the Engineer. All sampling methods shall be approved by the Engineer. 3.3 FIELD QUALITY CONTROL A. "Blue top" stakes shall be provided by the Contractor at 100 foot intervals to confirm that the subgrade is constructed to the required grades and elevations. Methods other than "blue top" staking may be allowed, if approved by the Engineer. B. The Owner may arrange for and pay all costs associated with having the following testing performed: 1. One (1) compaction test (including Standard Proctor) on subgrade per each 500 SY of roadway per each 3 feet of subgrade excavation depth. C. All testing shall be performed by an independent testing laboratory approved by the Engineer. D. The Contractor shall cooperate fully with the individuals performing the tests. E. Samples for testing shall be taken from material in place, in the roadway at locations approved by the Engineer. All sampling methods shall be approved by the Engineer. F. Should any of the specified tests fail, the Contractor may arrange and pay for additional tests as may be necessary to satisfy the Engineer that the requirements have been met. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 109 of 138] City of Orono - C13.108213 SUBGRADE PREPARATION June 3, 2014 V020108 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02335-1 SECTION 02335 - SUBGRADE PREPARATION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performance of all work and services necessary or incidental to the subgrade preparation as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Subgrade Preparation shall be measured and paid for by the SQUARE YARD (SY) in the street areas. Subgrade preparation for sidewalks, driveways, etc. will be considered incidental to the construction of the associated improvement. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the various excavation items. Such items of work include but are not limited to: 1. Drying and adding water to the subgrade. 2. Subgrade excavation, furnishing stabilizing aggregate, geotextile fabric installation, compaction, regrading and/or other efforts necessary to repair the subgrade after satisfying the rolling test and failing to protect the integrity of the subgrade. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2112 shall apply to the subgrade preparation, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 NO EXCEPTION TO THE REFERENCED SPECIFICATION IS MADE. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. At the end of each day, and prior to the placement of aggregate base, the Contractor shall eliminate surface indentations, including those caused by sheeps foot rollers and tractor cletes, and roll the surface with a steel wheel or rubber tired roller. B. The Contractor shall disc, scarify, shape and compact the upper twelve (12) inches of the street subgrade or existing base, adding water or drying as may be necessary to give uniform and desired density. C. If the subgrade is unstable and the instability is due to excessive moisture, the subgrade shall be scarified and dried over a reasonable time period. When the material has reached acceptable Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 110 of 138] City of Orono - C13.108213 SUBGRADE PREPARATION June 3, 2014 V020108 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02335-2 moisture limits, the material shall be returned to the roadbed and compacted into place to the proper elevation. The roadbed will once again be test rolled. If the material continues to be unstable, the Engineer may authorize the removal of the undesirable material as subgrade excavation. D. Once the subgrade has been test rolled and accepted by the Engineer, no traffic or construction equipment shall be permitted to operate directly on the subgrade without the prior approval of the Engineer. All equipment shall be restricted to operating only in areas where the aggregate base has been installed to its full design depth. In the event that inclement weather occurs after a test roll, and prior to placement of the aggregate base or first course of bituminous, the test roll shall be voided and a new test roll shall be performed. E. The subgrade shall be compacted in accordance with the Specified Density Method: 1. Under areas with proposed paved or structural improvements: (a) 100% Standard Proctor from the proposed pavement subgrade elevation down 3 feet. (b) 95% Standard Proctor from the bottom of excavation up to 3 feet below the subgrade elevation. 2. Under areas with no proposed paved or structural improvements: (a) 95% Standard Proctor. 3.2 FIELD QUALITY CONTROL A. "Blue top" stakes shall be provided by the Contractor at 50 foot intervals to confirm that the subgrade is constructed to the required grades and elevations. Methods other than "blue top" staking may be allowed, if approved by the Engineer. B. The compacted subgrade shall be test rolled using a fully loaded aggregate truck (tandem) in a pattern approved by the Engineer. The subgrade stability shall be considered adequate when the surface shows less than one (1) inch of yielding or rutting after one pass, or as otherwise approved by the Engineer. C. The Owner may arrange for and pay all costs associated with having the following testing performed: 1. One (1) compaction test (including Standard Proctor) on subgrade per 500 SY of roadway. D. All testing shall be performed by an independent testing laboratory approved by the Engineer. E. The Contractor shall cooperate fully with the individuals performing the tests. F. Samples for testing shall be taken from material in place, in the roadway at locations approved by the Engineer. All sampling methods shall be approved by the Engineer. G. Should any of the specified tests fail, the Contractor may arrange and pay for additional tests as may be necessary to satisfy the Engineer that the requirements have been met. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 111 of 138] City of Orono - C13.108213 EROSION & SEDIMENT CONTROL June 3, 2014 V111111 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02370-1 SECTION 02370 - EROSION & SEDIMENT CONTROL (LESS THAN ONE ACRE DISTURBANCE) PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to storm water management as indicated on the plans, as specified herein or as directed by the Engineer. B. The Contractor and Owner shall identify a person(s) knowledgeable and experienced in the application of erosion and sediment control BMP’s who will oversee the implementation of the SWPPP. C. Minnesota Pollution Control Agency (MPCA) - General Storm Water Permit for Construction Activity (MN R100001) 1. This site as designed will disturb less than 1.0 acres, therefore a NPDES permit is not required. 2. The Contractor shall contact the Owner if it is determined that additional work is required which will increase the total disturbance area to 1.0 acres or more. D. The Owner has included erosion and sediment Best Management Practices (BMP’s) in the project plans. 1. The Contractor shall implement and/or adjust the BMP’s utilized on this project to fit the actual field conditions as the project progresses. 2. Process Summary: (a) Owner issues Notice of Award to Contractor. (b) The Contractor shall review the limits of disturbance and BMP’s and may propose changes to the Engineer for review and comment, and the Owner for approval. Changes may be recommended by the Contractor, Engineer, and/or Owner at any time during the construction period to address changing conditions. (1) If the area to be disturbed is increased to 1.0 acres or more, the Contractor will initiate a NPDES permit and pay the required fee. (2) Pending review or approval by the Engineer and/or Owner shall not alleviate the Contractor’s responsibility to install necessary BMP’s to address site issues. (c) The Contractor shall phase construction to minimize erosion and sediment potential during the project. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for erosion and sediment control shall be paid according to the referenced specification or as modified below: 1. Payment for Silt Fence and Flotation Silt Curtain shall be at the contract price per LINEAL FOOT (LF) and shall be considered full compensation for furnishing, installing, maintaining, removing the sediment control devices, and removing accumulated sediment. Eighty percent (80%) of payment shall be made upon installation. The remaining 20% shall be made upon complete removal of the control measure, removal of any accumulated sediment and surface restoration. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 112 of 138] City of Orono - C13.108213 EROSION & SEDIMENT CONTROL June 3, 2014 V111111 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02370-2 2. Sandbag Barrier shall be paid at the contract unit price per EACH (EA). B. The costs shall be included in the unit price bid for the associated erosion & sediment control items. C. The furnishing and installing specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the associated erosion control and excavation items. Such items of work include but are not limited to: 1. Complying with the Minnesota Pollution Control Agency (MPCA) - General Storm Water Permit for Construction Activity (MN R100001) – Reference Storm Water Pollution Prevention Plan (SWPPP) included in the Appendix or in the drawings. 2. Maintaining clean exit areas or roads from the site. 3. Sweeping adjacent streets clean of excess soil. 4. Cleaning storm sewers, drain tiles and culverts that have been partially or completely obstructed by sediment that originated from the site. 5. Geotextile fabric for rock installation. 6. Geotextile fabric to wrap prefabricated inlet protection devices. 7. Aggregate to anchor and act as a filter for prefabricated inlet protection devices. 8. Aggregate associated with the construction of temporary sediment traps. 9. Emergency erosion control mobilization. 10. Construction, maintenance and removal of rock construction entrance. D. No additional payment shall be made for Erosion Control BMP’s necessary to accommodate Contractor phasing of the project. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2573 shall apply to temporary erosion and sediment control. In addition to the materials referenced in MnDOT Section 2573, the following additional references are made: 1. MnDOT Specification Section 3883, Erosion Control Netting 2. MnDOT Specification Section 3884, Hydraulic Soil Stabilizer 3. MnDOT Specification Section 3885, Erosion Control Blanket 4. MnDOT Specification Section 3888, Erosion Stabilization Mat B. MnDOT Specification Section1717.2 shall apply to erosion control. C. Section 02920 of these specifications shall apply to Rapid Stabilization, if applicable. D. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 MATERIALS A. Erosion Control 1. Seed shall be MnDOT mixture 270 unless otherwise shown on the plans and shall be placed in accordance with MnDOT 2575. Seed shall meet MnDOT Specification 3876. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 113 of 138] City of Orono - C13.108213 EROSION & SEDIMENT CONTROL June 3, 2014 V111111 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02370-3 2. Mulch shall be MnDOT 3882 Type I mulch unless otherwise shown on the plans and shall be applied at a rate of 2 tons/acre Mulch shall be disc anchored. Fertilizer shall be applied to seeded areas incidental to seeding. Fertilizer shall be a 10—0—10 (%n—p—k) applied at a rate of 200 lb/acre. B. Sod shall meet MnDOT Specification 3878.2A, Type Lawn.The use of coconut rolls in any public water for any reason is strictly prohibited. C. Bale checks shall not be used. D. Sediment Control 1. Silt Fence: (a) Silt Fence shall conform to the detail shown on the plans and shall be listed on the MnDOT approved products list. 2. InfraSafe prefabricated sediment control barrier as manufactured by Royal Environmental Systems, or approved equal. Unless otherwise shown on the plans, barrier devices shall be wrapped with geotextile fabric or surrounded with aggregate to filter the water during periods of limited flow. E. Rapid Stabilization 1. No exception to the referenced specification is made. PART 3 -- EXECUTION 3.1 GENERAL A. Construction and/or installation of all appropriate erosion & sediment control devices shall be completed prior to any soil disturbing activities. B. Prior to construction, the Owner, Engineer and Contractor shall observe and document the existing storm water outfall system and discharge area. All sediment deposits not documented prior to the construction shall be assumed to have originated from the project site and shall be removed and disposed of by the Contractor. C. Exit areas or roads shall be kept clean of excess soil by routine sweeping. 3.2 CONSTRUCTION REQUIREMENTS A. The Contractor shall control drainage, erosion, and sediment on the project including: haul roads, temporary construction, waste disposal sites, plant and storage locations, and borrow pits, other than commercially operated sources. B. If Contractor fails to install and/or perform the appropriate erosion and sediment control practices, as determined by the Engineer, the Engineer may issue a written order to the Contractor. The Contractor shall respond within 24 hours with sufficient personnel, equipment and/or materials and conduct the required work or be subject to a $ 500 per calendar day deduction for non- completion. C. When the Engineer determines that the erosion and/or sediment control practices installed by the Contractor have failed, the Contractor shall correct the cause and alleviate all sediment deposition, to the fullest extent possible. If the corrective action is not taken in a timely manner, the Engineer may issue a written order to the Contractor. The Contractor shall respond within 24 hours with sufficient personnel, equipment and/or materials and conduct the required work or be subject to a $ 500 per calendar day deduction for non-completion. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 114 of 138] City of Orono - C13.108213 EROSION & SEDIMENT CONTROL June 3, 2014 V111111 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02370-4 D. Contractor shall be responsible for removing all sediment deposits including, but not limited to, drainage ways, stormwater basins, or catch basins and re-stabilize the areas where sediment removal results in exposed soil. The removal and stabilization shall take place within 7 calendar days of discovery unless precluded by legal, regulatory, or physical access restraints. If precluded, removal and stabilization must take place within 7 calendar days of obtaining access. The Contractor is responsible for contacting all local, regional, State, and Federal authorities and property owners and obtaining applicable rights of entry, approvals, and/or permits. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 115 of 138] City of Orono - C13.108213 EROSION & SEDIMENT CONTROL June 3, 2014 V111111 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02370-5 STORM WATER POLLUTION PREVENTION PLAN - INSPECTION LOG Project Title: Rest Point Road Street Improvements, Owner: :City of Orono , Permit ID: C000 General Contractor : ________________________________ The Contractor is REQUIRED to maintain this record throughout the project. Inspectors should enter their initials, type, date, and time of the inspection in the blanks provided. After inspecting each shaded area, inspectors should check each box, and make any necessary comments regarding their findings in the blanks provided below and on the back of this sheet. Refer to the MPCA’s Compliance Guide for Erosion and Sediment Control during inspection. Name of Inspector Type of Inspection Date and Time of Inspection Weather Areas to be Inspected Ro u t i n e W e e k l y 24 H r a f t e r r a i n e v e n t Mo n t h Da y Ye a r Ti m e ( A M / P M ) Te m p e r a t u r e (d e g r e e s F a r e n h e i t ) Ra i n f a l l A m o u n t (i n c h e s ) Al l e ro s i o n a n d se d i m e n t c o n t r o l B M P s Te m p o r a r y Se d i m e n t a t i o n B a s i n s Dr a i n a g e d i t c h e s a n d ot h e r w a t e r s o f t h e S t a t e Co n s t r u c t i o n S i t e E x i t s Comments: Comments: Comments: Comments: Comments: Comments: Comments: Comments: Comments: Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 116 of 138] City of Orono - C13.108213 EROSION & SEDIMENT CONTROL June 3, 2014 V111111 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02370-6 “Notice of Termination/Permit Modification” form here. Minnesota Link: http://www.pca.state.mn.us/index.php/water/water-types-and-programs/stormwater/construction- stormwater/construction-stormwater.html?menuid=&missing=0&redirect=1 Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 117 of 138] City of Orono - C13.108213 MANHOLES & CATCH BASINS - ADJUST CASTING June 3, 2014 V021808 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02705-1 SECTION 02705 - MANHOLES & CATCH BASINS - ADJUST CASTING PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to adjusting a casting assembly frame and ring or valve box as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Measurement and payment for adjusting existing manhole frame and rings, catch basin frame and rings, and valve boxes shall be paid per EACH (EA) scheduled adjustment, not caused by the Contractor's activities or delays. 2. Internal Chimney Seal (a) Chimney seals shall be measured per EACH (EA) structure, furnished and installed, for the type and style indicated and paid at the unit price bid. The amount bid includes all work and materials required to place the chimney seal from the top of the precast concrete structure to the middle of the casting, according to manufacturer’s recommendations and all subsequent casting adjustments. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the associated adjustment items. Such items of work include but are not limited to: 1. Saw cutting the wall of the existing structure, if necessary. 2. Adjusting chimney seals on existing structures, if necessary. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2506 shall apply to adjusting frame and ring, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 ADJUSTING RINGS A. Only concrete adjusting rings shall be permitted. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The Contractor shall bring manhole castings and valve boxes to grade. The manhole casting shall be placed on a full mortar bed or bituminous mastic upon final setting. The inside and outside of the adjusted area shall be plastered with a minimum thickness of 1/2-inch mortar. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 118 of 138] City of Orono - C13.108213 MANHOLES & CATCH BASINS - ADJUST CASTING June 3, 2014 V021808 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02705-2 B. All inverts of manholes and valves boxes shall be cleaned of debris and gravel which may have fallen into the structures as a result of construction. C. Finished grade of the casting or valve box in paved areas shall be according to the following, unless otherwise specified on the plans: Distance Below Adjacent Concrete Pavement Distance Below Adjacent Bituminous Pavement Distance Below Adjacent Gravel Surface/Green Area City Streets 1/8" to 1/4" 1/4" to 3/8" 1" County Highways 1/8" to 1/4" 1/4" to 3/8" 1" State Highways 1/8" to 1/4" 1/4" to 3/8" 1" Sidewalks 1/8" to 1/4" 1/8" to 1/4" 1" Parking Areas 1/8" to 1/4" 1/4" to 3/8" 1" D. In no case shall the casting or valve box extend above the finished surface. E. Raising and/or lowering an existing manhole to meet a proposed finished rim elevation is performed when the addition and/or deletion of 2" adjusting rings will not reach a minimum of 2 rings or exceed a maximum of 6 rings. Typically, it will require the: 1. Removal of the manhole cone section or concrete slab top 2. Addition, removal or exchange of barrel sections 3. Replacement of the cone section or the flat slab top 4. Installation of the proper number of adjusting rings 5. Replacement of the manhole frame and casting. 6. In some cases, the existing structure may require saw cutting. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 119 of 138] City of Orono - C13.108213 AGGREGATE BASE June 3, 2014 V050508 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02720-1 SECTION 02720 - AGGREGATE BASE PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to construct the aggregate base course as indicated on the drawings or as specified herein. 1.2 METHODS OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced 1. Reclaimed bituminous and aggregate material will be utilized for the aggregate base on this project. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the associated aggregate items. Such items of work include but are not limited to: 1. Protecting existing improvements and previously accepted in-process improvements from damage. 2. Subgrade excavation, furnishing stabilizing aggregate, geotextile fabric installation, compaction, regrading and/or other efforts necessary to repair the subgrade after satisfying the rolling test and failing to protect the integrity of the subgrade. 3. The cost of all labor, equipment and materials necessary for meeting the testing requirements of field quality control, if required, include in price bid for Aggregate Base. 4. Furnishing and installing blue tops for gravel surface. 5. Test rolling of the compacted aggregate base using a fully loaded aggregate truck (tandem). 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2211 shall apply to the construction of aggregate base, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 MATERIALS A. When no percent crushing is designated in the Schedule of Prices, the material to be used shall conform to the Specifications for Aggregate Base Class 5 modified so that the percent passing the No. 200 sieve shall be 5 to 10 percent. B. When the schedule of unit prices calls for 100% crushed aggregate base, the material to be used shall conform to the Specifications for Aggregate Base Class 5, modified so that the material consists of 100% crushed rock. The gradation shall also be modified so that the percent passing the No. 200 sieve shall be 5 to 10 percent. C. Materials included here consist of new aggregate surfacing, Class 5 aggregate base. If additional rock is added to meet the Class 5 gradation, the added materials must pass the Los Angeles Rattler Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 120 of 138] City of Orono - C13.108213 AGGREGATE BASE June 3, 2014 V050508 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02720-2 (L.A.R.) test. The percent crushed shall also be tested on the aggregate surfacing or aggregate base class 5 samples. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. At the end of each day the Contractor shall eliminate surface indentations, including those caused by sheeps foot rollers and tractor cletes, and roll the surface with a steel wheel or rubber tired roller. B. The depth and class of aggregate base to be constructed shall be as shown on the plans. Aggregate base construction shall take place only after the street subgrade condition and grade has been examined by the Engineer. C. All aggregate base shall be compacted to 100% standard Proctor density using the Specified Density Method. 3.2 SOURCE QUALITY CONTROL A. The Owner may arrange for having the following testing performed: 1. One (1) gradation test for each 500 tons or 275 cubic yards (CV) of each class of aggregate base. 2. One (1) percent crushing test. 3. One (1) aggregate quality test. B. Samples for testing shall be taken from material in stock at locations approved by the Engineer. All sampling methods shall be approved by the Engineer. C. Should any of the specified tests fail, the Contractor may arrange and pay for additional tests as may be necessary to satisfy the Engineer that the requirements have been met. 3.3 FIELD QUALITY CONTROL A. "Blue top" stakes shall be provided by the Contractor at 50 foot intervals to confirm that the base is constructed to the required grades and elevations. Methods other than "blue top" staking may be allowed, if approved by the Engineer. B. The Owner may arrange for having the following testing performed: 1. One (1) compaction test (including Standard Proctor) for each 500 SY of each class of aggregate base. C. All testing shall be performed by an independent testing laboratory approved by the Engineer. D. The Contractor shall cooperate fully with the individuals performing the tests. E. Samples for testing shall be taken from material in place, in the roadway at locations approved by the Engineer. All sampling methods shall be approved by the Engineer. F. Should any of the specified tests fail, the Contractor may arrange and pay for additional tests as may be necessary to satisfy the Engineer that the requirements have been met. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 121 of 138] City of Orono - C13.108213 AGGREGATE SURFACING June 3, 2014 V020108 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02730-1 SECTION 02730 - AGGREGATE SURFACING PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to construct the aggregate surfacing / shouldering as indicated on the drawings or as specified herein. 1.2 METHODS OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. No exception to the referenced specification is made. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the associated aggregate surfacing items. Such items of work include but are not limited to: 1. Protecting existing improvements and previously accepted in-process improvements from damage. 2. Subgrade excavation, furnishing stabilizing aggregate, geotextile fabric installation, compaction, regrading and/or other efforts necessary to repair the subgrade after satisfying the rolling test and failing to protect the integrity of the subgrade. 3. The cost of all labor, equipment and materials necessary for meeting the testing requirements of field quality control, if required. 4. Furnishing and installing blue tops for aggregate surfacing. 5. Test rolling of the compacted aggregate surface using a fully loaded tandem axle truck. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2118 shall apply to the construction of aggregate surfacing, except as modified herein. B. MnDOT Specification Section 2221 shall apply to the construction of aggregate shouldering, except as modified herein. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 MATERIALS A. Materials included here consist of new aggregate surfacing, Class 5. If additional rock is used to provide a coarser Class 5 gradation, the added materials must pass the Los Angeles Rattler (L.A.R.) test. The percent crushed shall also be tested on the materials. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 122 of 138] City of Orono - C13.108213 AGGREGATE SURFACING June 3, 2014 V020108 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02730-2 PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. At the end of each day the Contractor shall eliminate surface indentations, including those caused by sheeps foot rollers, tractor tires and tracked equipment, and roll the surface with a steel wheel or rubber tired roller. B. The depth and class of aggregate surfacing to be constructed shall be as shown on the plans. Aggregate surfacing construction shall take place only after the subgrade or aggregate base condition and grade has been examined by the Engineer. C. Existing aggregate surfacing shall be salvaged prior to commencing trenching activities, and shall be restored after underground construction is completed. D. All aggregate surfacing shall be compacted to 100% of the Standard Proctor Density using the Specified Density Method. 3.2 SOURCE QUALITY CONTROL A. The Owner may arrange for and pay all costs associated with having the following testing performed: 1. One (1) gradation test for each 500 tons or 275 cubic yards (CV) of each class of aggregate. 2. One (1) percent crushing test (if required by the Engineer). 3. One (1) aggregate quality test (if required by the Engineer). B. Samples for testing shall be taken from material in stock at locations approved by the Engineer. All sampling methods shall be approved by the Engineer. C. The Contractor shall cooperate fully with the individuals performing the tests. 3.3 FIELD QUALITY CONTROL A. The Owner may arrange for and pay all costs associated with having the following testing performed: 1. One (1) compaction test (including Standard Proctor) on subgrade per each 500 SY of each class of aggregate surfacing and/or shouldering. B. All testing shall be performed by an independent testing laboratory approved by the Engineer. C. The Contractor shall cooperate fully with the individuals performing the tests. D. Samples for testing shall be taken from material in place, in the roadway at locations approved by the Engineer. E. Should any of the specified tests fail, the Contractor may arrange and pay for additional tests as may be necessary to satisfy the Engineer that the requirements have been met. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 123 of 138] City of Orono - C13.108213 PLANT-MIXED BITUMINOUS SURFACING June 3, 2014 V052814 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02740-1 SECTION 02740 - PLANT-MIXED BITUMINOUS SURFACING PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of plant-mixed bituminous surfacing utilizing the MnDOT Gyratory Design Specification (2360) as indicated on the plans or as specified herein. B. This is a Certified Plant Project. The supplier shall have sufficient testing facilities and qualified personnel including Certified Technicians. All required plant and field tests shall be performed in a timely manner and with a good quality control program. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Payment shall be at the unit price bid per TON of bituminous non-wear courses. The amount bid shall include all material and work required to mix and place the bituminous course specified. 2. Payment shall be at the unit price bid per SQUARE YARD (SY) of bituminous wear course and at the compacted depth specified. The amount bid shall include all material and work required to mix and place the bituminous course specified. 3. All costs of furnishing and applying bituminous tack coat material will be incidental with no direct compensation being made therefore. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the associated bituminous paving items. Such items of work include but are not limited to: 1. Equipment and materials necessary for meeting the testing requirements of Source Quality Control for the bituminous tack coat, if required, include in price bid for bituminous tack coat. 2. The cost of all labor, equipment and materials necessary to comply with plant and field testing requirements of MnDOT Specification 02360, include in price bid for Plant-Mixed Bituminous Surfacing. 3. The cost of all labor, equipment and materials necessary for constructing clean, vertical, solid edge at the adjacent asphalt surface for both non-wear and wear courses, include in the price bid for Plant-Mixed Bituminous surfacing. 4. Sawcutting the bituminous edges and removing of damaged bituminous just prior to the construction of the next lift of bituminous course. 1.3 SPECIFICATION REFERENCE A. Plant mixed asphalt pavement shall conform to the 2104 Edition of MnDOT Specification 2360 Plant Mixed Asphalt Pavement and Technical Memoranda in force 30 calendar days prior to bid date and referencing the use of English units of measure, except as modified in these Specifications. B. MnDOT Specification Section 2357 shall apply to the construction of bituminous tack coat, except as modified herein. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 124 of 138] City of Orono - C13.108213 PLANT-MIXED BITUMINOUS SURFACING June 3, 2014 V052814 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02740-2 C. MnDOT Section 02360.3D.1.q: The maximum payment factor for density is 100%. 1. The sentence “In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements.” is deleted from MnDOT 2360.3.E Surface Requirements. The requirements of MnDOT 2360.3.E Surface Requirements will apply. D. Aggregates for bituminous mixtures shall conform to the current MnDOT Specification 3139 Graded Aggregate for Bituminous Mixtures, dated February 4 , 2011. Copies of MnDOT’s current specifications may be downloaded and printed from MnDOT’s web site at: E. Unless noted otherwise, the provisions in this Section are in addition to the referenced specificatio n. PART 2 -- PRODUCTS 2.1 MATERIALS A. Bituminous Tack Coat: 1. The bituminous material for tack coat will be limited to one of the following kinds of emulsified asphalt. However, the Engineer may authorize the use of medium cure cutback asphalt (MC-250) during the early and late construction season when it is anticipated the air temperature may drop below 32 degrees Fahrenheit. Cutback asphalt shall be used only when approved by the Engineer. (a) Emulsified Asphalt (1) Cationic CSS-1, CSS-1h (b) Cutback Asphalt: (1) Medium Cure Liquid Asphalt MC-250 2. Only Certified Sources are allowed for use. MnDOT’s Certified Source List is located at the following link: http://www.dot.state.mn.us/products/index.html. B. Bituminous material and aggregate shall be as shown on the typical sections in the plans. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Bituminous Tack Coat 1. The tack coat shall not be applied when the road surface or weather conditions are unsuitable as determined by the Engineer. 2. At the time of applying bituminous tack coat material, the road surface shall be dry and clean and all necessary repairs or reconditioning work shall have been completed as provided for in the Contract and approved by the Engineer. 3. Unless otherwise indicated in the Plans or provisions, the bituminous tack coat material shall be applied within the application rates shown in the table below as based on pavement type or condition and type of bituminous material. The Engineer shall approve the time and rate of application. Only a MnDOT certified asphalt emulsion supplier is allowed to dilute the emulsion. When diluted, the supplier shall provide asphalt emulsion diluted 1 part emulsion to 1 part water. Dilution of asphalt emulsion in the field is not allowed. The Engineer may waive the tack coat requirement when multiple lifts are paved on the same day. Tack Coat Application Rates Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 125 of 138] City of Orono - C13.108213 PLANT-MIXED BITUMINOUS SURFACING June 3, 2014 V052814 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02740-3 Pavement Type or Condition Application Rate - gallons/sy Undiluted Emulsion SS-1, SS-1H, CSS-1, CSS-1H Diluted Emulsion (1 part Emulsion to 1 part water) 1 SS-1, SS-1H, CSS-1, CSS-1H MC Cutback2 MC-250 New HMA 0.03 – 0.05 0.06 – 0.10 0.03 – 0.05 Aged HMA3 or Un-milled PCC 0.05 – 0.08 0.10 – 0.15 0.05 – 0.08 Milled HMA or Milled PCC 0.07 – 0.10 0.14 – 0.20 0.07 – 0.10 1As provided by the asphalt emulsion supplier 2When approved by the Engineer 3Older than 1 year 4. The temperature of the bituminous material at the time of application shall be approved by the Engineer, within the limits specified following: (a) SS-1, SS-1H, CSS-1, CSS-1H ..................70 to 160º F (b) MC-250 ........…………………………....165 to 220º F B. The Contractor is required to use the self-propelled pneumatic tire roller as an intermediate roller on the wearing courses. C. Cut the adjacent asphalt surface prior to construction of the bituminous surface course to obtain a clean, vertical, solid edge. D. Compaction of all bituminous mixtures shall be by the Ordinary Compaction Method. 3.2 SOURCE QUALITY CONTROL A. The bituminous mix shall be designed using Contractor Trial Mix Designs. A current MnDOT mix design may be accepted provided it represents the aggregate source and bituminous plant being used for the project, and is approved by the Engineer. No bituminous mixture shall be placed without an approved mix design. B. Testing of the material bituminous tack coat may be required, if determined by the Engineer, that the material appears suspect. 3.3 FIELD QUALITY CONTROL A. If required by the Engineer, cores for mat density and for lift thickness verification shall be taken as specified in 2360.D.1.h of the referenced specification except that for daily production less than 300 tons, the Engineer may require that two cores are taken (one for Contractor testing and one companion core). Sample locations shall be designated by the Engineer and made with a drilling device that produces clean sharp, vertical edges. B. Lift Thickness Tolerances: 1. Lift thickness tolerances shall be as specified in Table 2360-26 and paragraph 2360.3.E.1 of the referenced specification. 2. If any cores indicate lift thicknesses outside of the specified tolerances, the Contractor may, at its own cost and expense, take additional core samples to further define the extent of the deficiency. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 126 of 138] City of Orono - C13.108213 PLANT-MIXED BITUMINOUS SURFACING June 3, 2014 V052814 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02740-4 3. The Engineer shall calculate deficient pavement areas using the locations and thickness results of all core samples and prorating the thickness profile. 4. At the discretion of the Engineer as an alternative to removal and replacement, the Engineer may allow a $1.00 deduction per square yard will be made for each 1/8-inch deficiency of thickness beyond the specified tolerances. 5. Reduction in payment for bituminous courses constructed to more than the maximum permissible thickness shall be in accordance with MnDOT Section 2360.3.E, except that th e thickness tolerances specified herein apply. C. Testing: 1. For projects with 2000 tons or less of a particular mix type, delete Tables 2360-10 and 2360-11 of the referenced specification and substitute the following: Production Test Sampling and Testing Rates (each mix type) Test Reference (Laboratory Manual unless otherwise indicated) Spec Section Bulk Specific Gravity Divide the planned production by 500. Round up to the next whole number 1806 2360.2.G.7.b Maximum Specific Gravity 1807 2360.2.G.7.c Air Voids (calculated) 1808 2360.2.G.7.d Asphalt Content 1853 2360.2.G.7.a Add AC/Total AC Ratio (calculated) 1853 2360.2.G.7.a Adj. AFT (Calculated) 1854 2360.2.E.7.e Gradation 1 gradation per 500 tons or portion thereof (at least one per day) 1203 2360.2.G.7.f Coarse Aggregate Angularity 1 test per 500 tons or portion thereof. If CAA >8% of requirement, 1 sample per day but test 1 per week. 1214 2360.2.G.7.g Fine Aggregate Angularity (FAA) 1 test per 500 tons or portion thereof. If FAA >5% of requirement, 1 sample per day but test 1 per week. 1213 2360.2.G.7.h Fines to Effective Asphalt Ratio (calculated) Divide the planned production by 500. Round up to the next whole number 1203 & 1853 2360.2.G.7.f & 2360.2.G.7.a TSR As directed by the Engineer 1213 2360.G.7.i Aggregate Specific Gravity As directed by the Engineer 1204, 1205, and 181 2360.G.7.j Mixture Moisture Content Daily unless otherwise required by the Engineer 1805 2360.G.7.k Asphalt Binder As directed by the Engineer] MnDOT Bituminous Manual 5-693.920 2360.G.7.l 2. For projects with more than 2000 tons of a particular mix type, testing shall be performed at the rates specified in Tables 2360-10 and 2360-11 of the referenced specification. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 127 of 138] City of Orono - C13.108213 PLANT-MIXED BITUMINOUS SURFACING June 3, 2014 V052814 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02740-5 3. Contractor shall send a copy of the testing results to the Engineer. 4. Should any of the specified tests fail, the Contractor shall notify the Engineer immediately and shall arrange and pay for additional test as may be necessary to satisfy the Engineer that the requirements have been met. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 128 of 138] City of Orono - C13.108213 BITUMINOUS PAVEMENT RECLAMATION June 3, 2014 V120711© Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02747-1 SECTION 02747 –BITUMINOUS PAVEMENT RECLAMATION (INPLACE) PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to inplace bituminous pavement reclamation as shown on the drawings or as specified herein. B. This work shall consist of in-place pulverizing and mixing of the existing bituminous pavement structure and a predetermined portion of the underlying aggregate base materials, where these materials exist, to the depths shown on the plans so as to produce a homogenous dense graded aggregate base. C. This work will include spreading, shaping, compacting and maintaining the blended base course material to the proper grade, line and cross-sections as shown on the plans and as provided herein, unless otherwise directed by the Engineer. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. In-place bituminous reclaim full depth pavement shall be measured by the SQUARE YARD (SY) and paid at the unit price bid. B. Payment for in-place bituminous pavement reclamation at the contract bid price will be compensation in full for all labor, equipment, and material costs required to construct the aggregate base course as specified including the costs of scarifying, pulverizing, blending, watering, grading, shaping, rolling, and compaction of existing bituminous pavement and aggregate base courses. C. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the bituminous pavement reclamation, as indicated. Such items of work include but are not limited to: 1. Interference of underground structures and utilities, include in the price bid for bituminous pavement reclamation. (a) The removal and restoration, or protection of existing utilities for which there is no bid item for removing and restoring, or working around the utility. 2. Protecting existing improvements and surfaces from damage include in the price bid for bituminous pavement reclamation. 3. Protecting the inverts of utility pipes from the accumulation of debris and soil, the removal of blockages which threatens to damage property, and/or the cleaning of both the newly constructed lines and the existing lines of all debris and soil which accumulated during the construction, include in the unit price bid for bituminous pavement reclamation. 4. Reclaiming around manhole and catch basin castings and valve boxes, include in the price bid for bituminous pavement reclamation. 5. All work associated with the movement of the reclaim material to meet the profile and cro ss- section and to accomplish the maximum compaction layer thickness. 6. Excess pulverized material from other locations on the project shall be utilized to attain the plan grade or cross-section as directed by the engineer. Where the excess pulverized material is on- site transporting such material will not be paid for separately, but will be included in the pay item for bituminous pavement reclamation. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 129 of 138] City of Orono - C13.108213 BITUMINOUS PAVEMENT RECLAMATION June 3, 2014 V120711© Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02747-2 7. No direct compensation will be made for water used in conjunction with the operations associated with pulverizing, blending, placing, shaping and compacting the reclaimed material nor for water used in maintaining the finished surface, or for water used for dust control purposes. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 3138 shall apply to aggregate base materials, except as modified herein. B. MnDOT Specification Section 2211 shall apply to the installation of reclaimed materials as an aggregate base, except as modified herein. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 MATERIALS A. The pulverized material shall meet the following gradation: Sieve Size Percent Passing (by weight) 1.5 inch 100% 1.0 inch 90 – 100% 3/8inch 50-90% No. 200* 10% Max (a) * The NO. 200 sieve requirement will be applied when there is no aggregate base material in order to meet the established gradeline and cress-section, the aggregate material shall consist of either 100% salvaged bituminous material (which meets the above gradation requirements and is approved by the Engineer) or MnDOT 3138 Aggregate Base, Class 5. B. All excess reclaimed materials shall become the property of the Contractor and shall be removed from the site and disposed of at a location secured by the Contractor. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Reclaiming Machine: 1. The road reclaimer shall be a self-propelled machine capable of effectively pulverizing the in- place bituminous pavement structure and blending a portion of the underlying aggregate base material to the depth shown on the plans. The machine shall have either an upward or downward rotational cutting head. The machine shall have controls to maintain a constant cutting depth so as to produce a uniformly blended aggregate mixture. B. Pulverizing Operation: 1. The existing pavement and base material shall be pulverized and blended to the depth shown on the plans in one or more passes so that the entire mass of material is uniformly blended/mixed. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 130 of 138] City of Orono - C13.108213 BITUMINOUS PAVEMENT RECLAMATION June 3, 2014 V120711© Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02747-3 The blended material shall meet the previously specified gradation requirements, based on the results of gradation tests run on aggregate samples obtained after mixing and prior to compaction. 2. The Contractor shall not pulverize any more pavement than that which can be spread, shaped and compacted by the end of the workday. 3. The contractor shall take care to avoid disturbing or damaging curb and gutter and existing drainage or utility structures on the project. Any damage resulting from the Contractor’s operation shall be repaired by the Contractor at no expense to the Owner. C. Grading & Spreading: 1. The reclaimed material shall be spread and compacted to the grade, width and slope shown on the plans and typical cross-sections or as directed by the Engineer. 2. In the event that additional aggregate material is required to attain the plan grade and/or cross- section, the materials used shall meet the previously stated requirements and may be added, either: (a) On the surface of the undisturbed road prior to reclaiming. (b) Or after the roadway has been reclaimed; with this option, the add material shall be blended with an additional pass of the reclaiming machine so as to obtain a reasonable uniform mixture. (c) If the bitumen content of the reclaimed mixture exceeds 3% by weight, then additional aggregate base shall be placed and blended with the original reclaimed mixture until less than 3% bitumen by weight is achieved. D. Compaction: 1. All aggregate base shall be compacted to 100% standard Proctor density using the Specified Density Method. 2. Water shall be added prior to and during compaction as required, and shall be incidental to the reclamation bid prices. 3. The maximum reclaimed layer thickness for compaction shall be 6 inches. If the layer thickness is greater than 6 inches it shall be bladed to one side of the roadway and the remaining in place material shall be compacted. The material, which was bladed to the side, shall be spread back and compacted before the end of the work day. 4. Each 6 inch layer of reclaimed material shall be of uniform thickness and compacted until there is no evidence of further consolidation. E. Surface Requirements: 1. Upon completion of the final shaping and compaction, the finished surface of reclaimed aggregate base course shall be smooth and not vary more than 0.05 feet from the planed elevation. If any area is found to lack the required smoothness and/or out of tolerance, such areas shall be reshaped and recompacted until the required smoothness and tolerance is obtained. 2. The Contractor shall be responsible for maintaining the finished surface of the aggregate base course in a smooth, compacted condition; free of ruts and distortions, and to the grade and cross-section tolerances previously stated until the first bituminous course required by the contract is placed thereon. The application of water may be required to maintain the compacted surface. The necessary maintenance shall be performed at no additional cost to the Owner. 3. In the event that a weak area or soft spot is encountered during the reclamation process, this area shall be corrected at the direction of the Engineer. Measurement and payment for the Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 131 of 138] City of Orono - C13.108213 BITUMINOUS PAVEMENT RECLAMATION June 3, 2014 V120711© Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02747-4 correction will be in accordance with MnDOT 2105 for subgrade excavation and MnDOT 3149 for stabilizing aggregate. F. Dust Control: 1. If necessary, the Contractor shall utilize water for dust control of the reclaimed gravel base. Dust control shall be considered incidental to the contract. ****END OF SECTION*** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 132 of 138] City of Orono - C13.108213 TURF RESTORATION June 3, 2014 V053014 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02920-1 SECTION 02920 - TURF RESTORATION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to turf restoration as indicated on the drawings or as specified herein. B. A variety of different seeding mixtures may be utilized on this project. The Contractor shall refer to the plan for the locations of the different turf establishment areas. C. Temporary seeding may be necessary during construction in erosion sensitive areas. The Contractor shall do temporary seeding work as specified herein or as directed by the Engineer. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Payment for seeding and turf reinforcement mat shall include the costs for furnishing and placing the designated seed mixture, fertilizer and mulch at the rate specified, and furnishing and installing turf reinforcement mat and shall be measured by the SQUARE YARD (SY). 2. Landscape Items: This item shall be paid by Landscape ALLOWANCE included in the Contract. The landscaping allowance shall include salvaging and reinstalling, protecting, repairing, and replacing landscaping features located within approved removal limits. Landscaping features shall include but are not limited to plantings, edgings, landscape block, mulch materials, accent lighting, decorative fencing, landscape rocks and boulders, etc. The Contractor shall salvage, maintain and reinstall disturbed landscape features “in kind” or as close to that which existed prior to construction to the extent practicable, as directed by the Engineer or as required by the affected property owner. The Contractor shall contact property owners a minimum of seven (7) days in advance of disturbance of landscaping features to coordinate salvage and removal of landscaping features, etc. At the property owner’s option, landscaping features, can be removed, repaired, or replaced by themselves or contractors, service providers, etc. hired by them. In these instances, the property owner shall be allowed to submit invoices for work completed to the Contractor for reimbursement. The Contractor shall reimburse property owners within thirty (30) days of receipt of said invoices. At the property owner’s option, the Contractor shall purchase and install, or deliver for property owner installation, landscaping features as requested by the property owner to the extent that replacement landscaping is comparable to that which existed prior to construction as determined by the Engineer. The Contractor shall be solely responsible for coordinating the salvaging and reinstalling of landscaping. The Contractor shall submit all invoices received and statements of payment made to property owners and/or their representatives to the Engineer for approval for payment from the allowance. Upon approval of the Engineer and Owner, and in accordance with payment schedules as specified, reimbursement for said costs will be made (a) Invoices shall be submitted for all authorized work associated with landscaping items authorized for replacement or installation by the Engineer. Damage to landscaping or failure to salvage and restore landscaping suitable for replacement as determined by the Engineer will not be considered for payment. 3. Topsoil Borrow: Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 133 of 138] City of Orono - C13.108213 TURF RESTORATION June 3, 2014 V053014 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02920-2 (a) Measurement and payment for furnishing and installing topsoil borrow shall be based upon the CUBIC YARD, LOOSE VOLUME - CV (LV). (b) No direct compensation will be made for salvaging, stockpiling and replacing topsoil salvaged from within the construction limits. (c) The quantities for topsoil borrow are strictly estimates and may be increased or decreased by any amount with no adjustment in unit price according to the extent of existing topsoil salvaged and other conditions revealed. 4. All measurements for payments for turf establishment items shall utilize English units. B. The furnishing and installing specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the associated seeding and sodding items. Such items of work include but are not limited to: 1. Application of starter fertilizer on all areas to be sodded shall be included in the price bid for sodding. 2. Subgrade preparation and topsoil placement as required on all areas shown on the plans. 3. Maintenance of newly sodded and seeded areas, as specified, include in the unit price for the associated items. 4. Stapling of sod on sloped areas, include in the unit price bid for sodding. 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2574 – Soil Preparation B. MnDOT Specification Section 2575 - Establishing Turf and Controlling Erosion C. MnDOT Specification Section 3876 – Seed D. MnDOT Specification Section 3877 - Topsoil E. MnDOT Specification Section 3878 - Sod F. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 MATERIALS A. Seeding http://www.dot.state.mn.us/environment/erosion/seedmixes.html 1. The seed mixtures to be used are shown on the plans. 2. Unless otherwise specified on the plans, all application rates for MnDOT mixes, except temporary seed, are 150% the specified rate. 3. Type 1 mulch shall consist of clean straw with no pasture hay. 4. Source identified (Yellow tag) seed through the Minnesota Crop Improvement Association (MCIA) unless otherwise approved by the Engineer. 5. All seed shall be supplied as pure-live seed (PLS) 6. All seed and seed mixes shall conform to State seed requirements for noxious weed content. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 134 of 138] City of Orono - C13.108213 TURF RESTORATION June 3, 2014 V053014 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02920-3 7. All seed and seed mixes shall conform to State labeling requirements. For all species in the mix, the label and or invoice shall include the county of origin, and if from Canada, the province. B. Sodding Items 1. Unless otherwise indicated on the plans, sod shall be Lawn Sod as defined in the referenced specification except when located within MnDOT right-of-way where Salt Tolerant Sod shall be utilized. C. Imported Topsoil 1. Unless otherwise indicated on the plans, imported topsoil shall comply with MnDOT 3877.2.FBoulevard Topsoil Borrow. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. GENERAL 1. The subgrade shall be shaped to the approximate contour of the finished surface. All construction debris shall be removed from the area prior to the placement of the topsoil. The subgrade shall be loosened with a disc or harrow to a depth of six-inches prior to application of the topsoil. 2. The topsoil shall be shaped to the approximate contour of the finished surface, with a minimum depth of 4-inches, unless otherwise shown on the plan. All construction debris, rocks and trash shall be removed from the area prior to seeding or sodding. The topsoil shall be loosened with a disc or harrow to its full depth prior to seeding or sodding. 3. The Contractor shall be responsible for providing water and maintenance for a period of 30 calendar days, or until final acceptance by the Engineer or Owner, to firmly establish the see d or sod. The term maintenance shall include mowing, weed control and watering, as necessary. Failure to perform this work within 24 hours of notification of non-compliance may result in the Owner or Engineer arranging for completion of the work by others. A contract deduction shall be made equal to the total of all costs to perform such work so arranged, including but not limited to, labor, materials, equipment and administrative costs. 4. Where dormant seeding or sodding is authorized by the Engineer the maintenance period shall be extended to include the first 30 calendar days after the beginning of the growing season. The beginning of growing season shall be defined as bud burst. B. SEEDING REQUIREMENTS 1. Turf establishment by seeding shall be done utilizing the various combinations of seed mixtures (including aquatic plants), fertilizing and mulching at disturbed areas as shown on the plans. 2. Areas prepared for seeding shall be free of rocks, debris and clumps of soil. The areas shall be graded uniformly and vegetated areas shall be raked free of chunks exceeding ½ inch diameter. 3. Seed shall be applied with a drill seeder, unless otherwise approved in writing by the Engineer. 4. The Contractor shall furnish weight tickets documenting pounds of hydraulic soil stabilizer placed, pounds of fertilizer placed and pounds of seed placed. The seed tickets shall sho w individual plant species along with the percent purity and percent germination. The fertilizer tickets shall show mix proportions. The Contractor shall also furnish its QA/QC data to the Engineer. 5. Dormant seeding and snow seeding may be utilized in accordance with the referenced specification and technical memorandum, provided the final acceptance standards are met. Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 135 of 138] City of Orono - C13.108213 TURF RESTORATION June 3, 2014 V053014 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02920-4 6. Final acceptance of seeding shall be based on an established growth of 6-inches with a uniform density to cover 70% of the designated area, free of weeds and bare spots. Any re-seeding necessary shall be performed at the Contractor's expense. C. SODDING REQUIREMENTS 1. Sod shall be placed by the Contractor in the locations shown on the plans as directed by the Engineer. 2. When placing sod in irregularly shaped locations, the Contractor shall produce sharp, straight joints between sod rolls. 3. Sod shall be placed to create a firm, smooth, uniform surface without ruts, knobs or wrinkles. 4. Sod placed on slopes greater than 1:4 (v:h), in ditch bottoms, and around storm sewer inlets or outlets shall be anchored with staples. Staples shall be U shaped 3 mm (0.12 inch) diameter or heavier steel wire having a span width of 25 mm (1 inch) and a length of 200 mm (8 inches) from top to bottom, after bending. 5. All re-work necessary to repair imperfections in sod placement shall be made at the Contractor’s expense. ****END OF SECTION**** Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 136 of 138] Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 137 of 138] Item #15 - CC Agenda - 06/09/2014 Rest Point Road Improvements - Plan and Specification Approval [Page 138 of 138] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 1 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 2 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 3 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 4 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 5 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 6 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 7 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 8 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 9 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 10 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 11 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 12 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 13 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 14 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 15 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 16 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 17 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 18 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 19 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 20 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 21 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 22 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 23 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 24 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 25 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 26 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 27 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 28 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 29 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 30 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 31 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 32 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 33 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 34 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 35 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 36 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 37 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 38 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 39 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 40 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 41 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 42 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 43 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 44 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 45 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 46 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 47 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 48 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 49 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 50 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 51 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 52 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 53 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 54 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 55 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 56 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 57 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 58 of 59] Item #16 - CC Agenda - 06/09/2014 Park Lane Generator Update [Page 59 of 59] Item #17 - CC Agenda - 06/09/2014 Hanlan Avenue Extension Petition [Page 1 of 4] Item #17 - CC Agenda - 06/09/2014 Hanlan Avenue Extension Petition [Page 2 of 4] Item #17 - CC Agenda - 06/09/2014 Hanlan Avenue Extension Petition [Page 3 of 4] Item #17 - CC Agenda - 06/09/2014 Hanlan Avenue Extension Petition [Page 4 of 4] Item #18 - CC Agenda - 06/09/2014 Golf Course Clubhouse Roof and Painting [Page 1 of 3] Item #18 - CC Agenda - 06/09/2014 Golf Course Clubhouse Roof and Painting [Page 2 of 3] Item #18 - CC Agenda - 06/09/2014 Golf Course Clubhouse Roof and Painting [Page 3 of 3] Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 1 of 118] 1150 1200 2640 1130 2430 2685 2425 2683 2655 2605 2625 2565 2545 2515 2485 2465 2455 2435 2445 N O R T H S H O R E D R CRYSTAL BAY OL D C R Y S T A L B A Y R D S ΞŽůƚŽŶΘDĞŶŬ͕/ŶĐ͘2014, All Rights ReservedC:\CAD\temp\BGPlot_3816\108282-FIGURES.0.dwg 6/2/14 12:19 pm 2014 SANITARY SEWER REHAB CIPP REHAB & MANHOLE LINING CITY OF ORONO, MINNESOTA FIGURE NO. 1JUNE, 2014 CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND FEETSCALE 0 300150 LEGEND: PROPOSED CIPP LINING EXISTING SANITARY SEWER EXISTING FORCEMAIN MANHOLE REHAB Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 2 of 118] 1895 1955 1951 1945 1935 1925 1905 1950 2055 3800380438103826 3746 2059 1675 1719 1795 1610 1620 1640 1650 1670 1680 1690 1710 1720 1740 1750 1760 1770 1780 1790 3805 1635 3865389539253995 1645 1780 1760 1750 1755 1740 1690 1680 1735 1729 1725 1743 1855 3905 1635 3845 38253855 1885 1920 1929 1937 1932 1926 1940 1945 1890 1850 1865 1825 1835 1855 1875 WEST ARM WEST ARM FAGERNESS POINT RD CO N C O R D I A S T C O R R A L WEBB ST RD 1675 1685 1687 1695 1705 1725 1755 1761 1785 1825 1800 DR 1815 1825 1837 1849 19051913 1921 1920 1755 1740 1690 1743 ΞŽůƚŽŶΘDĞŶŬ͕/ŶĐ͘2014, All Rights ReservedC:\CAD\temp\BGPlot_3816\108282-FIGURES.0.dwg 6/2/14 12:19 pm CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND 2014 SANITARY SEWER REHAB CIPP REHAB & MANHOLE LINING CITY OF ORONO , MINNESOTA FIGURE NO. 2JUNE, 2014 FEETSCALE 0 300150 LEGEND: PROPOSED CIPP LINING EXISTING SANITARY SEWER EXISTING FORCEMAIN MANHOLE REHAB Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 3 of 118] P e n c e L a PH E A S A N T R D LY D I A R D A V E Shore H i l l s Wa l t e r s P o r t L a CAR M A N R D LYDIARD CIR LY D I A R D A V E MAPL E R I D G E L A M A N I T O U R D 25852595 2565 2535 2545 2525 2605 2615 2625 2655 2650 2640 2697 2695 3225 3245 3265 3275 3285 2693 2620 2665 2496 25102530 2540 2560 2570 2636 2585 2535 2585 2765 2655 2675 2685 2695 2705 2700 2690 2680 2670 2660 2655 2725 2765 2755 2749 2745 2701 2648 2660 2684 2700 2710 2740 2750 27022701 2699 2703 2705 2707 2709 2710 2685 2710 2720 2615 2720 2673 2730 2760 2670 2675 2695 2791 2795 2799 2800 2789 2715 2597 1755 1740 1690 1743 ΞŽůƚŽŶΘDĞŶŬ͕/ŶĐ͘2014, All Rights ReservedC:\CAD\temp\BGPlot_3816\108282-FIGURES.0.dwg 6/2/14 12:19 pm CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND 2014 SANITARY SEWER REHAB CIPP REHAB & MANHOLE LINING CITY OF ORONO , MINNESOTA FIGURE NO. 3JUNE, 2014 FEETSCALE 0 300150 LEGEND: PROPOSED CIPP LINING EXISTING SANITARY SEWER EXISTING FORCEMAIN MANHOLE REHAB Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 4 of 118] VI N E P L RES T P O I N T C I R OR C H A R D B E A C H P L 1375 1375 1345 1423 1435 14471453 4300 4330 1350 1340 1380 1360 4340 4380 1375 4415 4395 1535 1555 1448 4315 4365 4345 4445 4455 4465 4485 449545154535 4496 4480 4470 4448 1337 1320 4545 1336 1340 1342 1348 13554460 4423 4425 4435 NORTH SHORE DR 1680 PA R T E N W O O D R D 980 970 960 1000 990 1065 1040 1020 1030 1060 930 925 935 955 975 985 960 875 895 915 1015 1025 1035 T O N K A W A R D ΞŽůƚŽŶΘDĞŶŬ͕/ŶĐ͘2014, All Rights ReservedC:\CAD\temp\BGPlot_3816\108282-FIGURES.0.dwg 6/2/14 12:19 pm CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND 2014 SANITARY SEWER REHAB CIPP REHAB & MANHOLE LINING CITY OF ORONO , MINNESOTA FIGURE NO. 4JUNE, 2014 FEETSCALE 0 300150 LEGEND: PROPOSED CIPP LINING EXISTING SANITARY SEWER EXISTING FORCEMAIN MANHOLE REHAB Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 5 of 118] NO R T H S H O R E D R CRYSTAL BAY WEST ARM WEST ARM FAGERNESS POINT RD NORTH SHOREMI N N I E A V E MA P L E P L CHERRY AVE CO N C O R D I A S T CO R R A L WEBB ST RD DR OL D C R Y S T A L B A Y R D S NORTH SHORE DR ΞŽůƚŽŶΘDĞŶŬ͕/ŶĐ͘2014, All Rights ReservedC:\CAD\temp\BGPlot_3816\108282-FIGURES.0.dwg 6/2/14 12:19 pm CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND FEETSCALE 0 20001000 2014 SANITARY SEWER REHAB CIPP REHAB & MANHOLE LINING CITY OF ORONO , MINNESOTA FIGURE NO. 5JUNE, 2014 Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 6 of 118] PROJECT MANUAL 2014 SANITARY SEWER REHABILITATION CITY OF ORONO ORONO, MN Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 7 of 118] City of Orono - C13.108282 CERTIFICATION 2014 Sanitary Sewer Rehabilitation PAGE 00005-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00005 – CERTIFICATION PROJECT MANUAL for 2014 Sanitary Sewer Rehabilitation City of Orono Orono, MN I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. By: Brian D. Simmons License No. 48766 Date: Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 8 of 118] City of Orono - C13.108282 TABLE OF CONTENTS 2014 Sanitary Sewer Rehabilitation PAGE 00010-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00010 - TABLE OF CONTENTS 2014 Sanitary Sewer Rehabilitation City of Orono CONTRACT DOCUMENTS: PROJECT MANUAL: Introductory Information, Bidding Requirements, Contract Forms and Conditions of Contract 00005 - CERTIFICATION 00010 - TABLE OF CONTENTS 00100 - ADVERTISEMENT FOR BIDS 00200 - INSTRUCTIONS TO BIDDERS 00410 - BID FORM 00430 - BID BOND 00510 - NOTICE OF AWARD 00511 - INFORMATION REQUESTED FROM LOW THE BIDDER 00520 - FORM OF AGREEMENT 00550 - NOTICE TO PROCEED 00610 - PERFORMANCE BOND 00615 - PAYMENT BOND 00700 - GENERAL CONDITIONS 00800 - SUPPLEMENTARY CONDITIONS 01110 - SUMMARY OF WORK 01230 - ALTERNATES / ALTERNATIVES 01270 - MEASUREMENT & PAYMENT 01310 - COORDINATION 01330 - SUBMITTALS 01410 - REGULATORY REQUIREMENTS 01420 - SPECIFICATION REFERENCE 01425 - ABBREVIATIONS 01450 - QUALITY CONTROL 01500 - MOBILIZATION 01555 - MAINTENANCE AND CONTROL OF TRAFFIC 01562 - AIR, LAND AND WATER POLLUTION 01770 - PROJECT CLOSEOUT Specifications 02532 - CURED-IN-PLACE-PIPE (CIPP) 02536 - PIPE SEWERS – SANITARY – POINT REPAIR 02537 - MANHOLE & CATCH BASIN REHABILITATION 02741 - BITUMINOUS PATCH 02920 - TURF RESTORATION 02953 - TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES APPENDICES CIPP SANITARY SEWER TABULATION LOCATION MAP TELEVISING REPORT SHEETS ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 9 of 118] City of Orono - C13.108282 ADVERTISEMENT FOR BIDS 2014 Sanitary Sewer Rehabilitation PAGE 00100-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00100 - ADVERTISEMENT FOR BIDS 2014 Sanitary Sewer Rehabilitation City of Orono Orono, MN RECEIPT AND OPENING OF PROPOSALS: Sealed proposals for the work described below will be received at the Office of the City Administrator, City of Orono, 2750 Kelly Pkwy, PO Box 66, Orono, MN, 55356-0066 until 1:00 PM on Tuesday, June 17, 2014 at which time the bids will be opened and publicly read. DESCRIPTION OF WORK: The work includes the construction of approximately: 6,300 LF CURED-IN-PLACE PIPE (CIPP) APPROX. 8” DIAMETER 65 EACH LATERAL REINSTATEMENT 6 EACH MANHOLE JOINT SEALING 1 EACH MANHOLE INVERT RECONSTRUCTION 78 LF MANHOLE LINING together with related items of work, all in accordance with Plans and Specifications. COMPLETION OF WORK: All work under the Contract must be complete by December 20, 2014. PLANHOLDERS LIST, ADDENDUMS AND BID TABULATION: The planholders list, addendums and bid tabulations will be available for download on-line at www.bolton-menk.com or www.questcdn.com. Any addendums may also be distributed by mail, fax or email. TO OBTAIN BID DOCUMENTS: Complete digital project bidding documents are available at www.bolton-menk.com or www.questcdn.com. You may download the digital plan documents for $20.00 by entering Quest project #XXXXXX on the website’s Project Search page. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. An optional paper set of project documents is also available for a nonrefundable price of $50.00 per set (non-refundable), which includes applicable sales tax and shipping. Please make your check to payable to Bolton & Menk, Inc. and send it to 2638 Shadow Lane, Suite 200, Chaska, MN, 55318, (952) 448-8838, fax (952) 448-8805. BID SECURITY: A certified check or proposal bond in the amount of not less than 5 percent of the total amount bid, drawn in favor of City of Orono shall accompany each bid. OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids and to waive any irregularities and informalities therein and to award the Contract to other than the lowest bidder if, in their discretion, the interest of the Owner would be best served thereby. Dated: June 22, 2014. /s/ Jessica Loftus City Administrator Published: Finance and Commerce: June 22 and June 29, 2014 The Pioneer: June 22 and June 29, 2014 ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 10 of 118] City of Orono - C13.108282 INSTRUCTIONS TO BIDDERS 2014 Sanitary Sewer Rehabilitation PAGE 00200-1 © Bolton & Menk, Inc. 2014, All Rights Reserved INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS 2014 Sanitary Sewer Rehabilitation City of Orono ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid may be obtained as detailed in the Advertisement for Bids. Deposits shall be refundable, or not, as indicated in the Advertisement for Bids. 2.02 Complete sets of Bidding Documents, whether paper or electronic/digital (if delivered in that format), shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 The Owner or Engineer may, on occasion and at their sole discretion, provide partial copies of Bidding Documents, such as Bid Forms or electronic/digital versions of such partial copies, to Bidders holding complete sets of Bidding Documents. Provision of partial copies to the Bidder shall be deemed to be for the convenience of the Bidder and shall in no way relieve the Bidder of its obligation to base its bid on complete sets of the Bidding Documents or to confirm accuracy and completeness of the information provided. The availability of electronic/digital versions of Bid Forms shall be identified in the Bidding Documents (“Electronic/Digital Documents”) 2.04 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 2.05 When the advertisement indicates that such information is available, the Owner and Engineer will, upon request, provide the Bidder with electronic/digital versions of the entire set of Bidding Documents. The terms of use of such electronic/digital versions shall be as set forth in the Bidding Documents (“Electronic/Digital Documents”). It is the responsibility of the Bidder to provide any and all means (including software and data communication/transmission systems of adequate capacity) for receipt and use of electronic/digital documents and to assure that the Bidder receives the documents in a timely and complete form. The Bidder may not re-transmit originals or copies of the electronic/digital versions of the Bidding Documents to any other party except as permitted by terms of use agreements. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work within 5 days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be requested by the Owner or Engineer. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 11 of 118] City of Orono - C13.108282 INSTRUCTIONS TO BIDDERS 2014 Sanitary Sewer Rehabilitation PAGE 00200-2 © Bolton & Menk, Inc. 2014, All Rights Reserved 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by the Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such reports and drawings. C. Requests for copies of reports and drawings referenced in Paragraph 4.01.A shall be made in writing through the Engineer. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by the Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.0 6 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such reports and drawings. C. Requests for copies of reports and drawings referenced in Paragraph 4.03.A shall be made in writing through the Engineer. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 12 of 118] City of Orono - C13.108282 INSTRUCTIONS TO BIDDERS 2014 Sanitary Sewer Rehabilitation PAGE 00200-3 © Bolton & Menk, Inc. 2014, All Rights Reserved identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to those portions of the site which the Owner controls or for which the Owner has easements, to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data"; E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures o f construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 13 of 118] City of Orono - C13.108282 INSTRUCTIONS TO BIDDERS 2014 Sanitary Sewer Rehabilitation PAGE 00200-4 © Bolton & Menk, Inc. 2014, All Rights Reserved H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this ARTICLE 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 None Scheduled. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 14 of 118] City of Orono - C13.108282 INSTRUCTIONS TO BIDDERS 2014 Sanitary Sewer Rehabilitation PAGE 00200-5 © Bolton & Menk, Inc. 2014, All Rights Reserved Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and/or the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or -equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or -equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, –individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each bid item, Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 15 of 118] City of Orono - C13.108282 INSTRUCTIONS TO BIDDERS 2014 Sanitary Sewer Rehabilitation PAGE 00200-6 © Bolton & Menk, Inc. 2014, All Rights Reserved alternative and/or section listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder’s name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. ARTICLE 15 - SUBMITTAL OF BID 15.01 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 16 of 118] City of Orono - C13.108282 INSTRUCTIONS TO BIDDERS 2014 Sanitary Sewer Rehabilitation PAGE 00200-7 © Bolton & Menk, Inc. 2014, All Rights Reserved package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the person indicated in the advertisement or invitation to bid. 15.02 The Owner does not allow electronic bid submittals. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders upon request after the Owner has considered the bids and makes award. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 17 of 118] City of Orono - C13.108282 INSTRUCTIONS TO BIDDERS 2014 Sanitary Sewer Rehabilitation PAGE 00200-8 © Bolton & Menk, Inc. 2014, All Rights Reserved 19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to perfor mance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner or accepts the Purchase Order, it shall be accompanied by the required performance and payment bonds and insurance certificates. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award or issues a Purchase Order to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - SALES AND USE TAXES 22.01 Owner is not exempt from state sales and use taxes on materials and equipment. Said taxes shall be included in the bid. ARTICLE 23 - RETAINAGE 23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage ar e set forth in the Agreement. ARTICLE 24 - CONTRACTS TO BE ASSIGNED 24.01 There are no material contracts for this project that will be assigned to the Contractor. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 18 of 118] ITEMS TO BE SUBMITTED WITH THE BID 2014 SANITARY SEWER REHABILITATION CITY OF ORONO ORONO, MN Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 19 of 118] City of Orono - C13.108282 BID FORM 2014 Sanitary Sewer Rehabilitation PAGE 00410-1 © Bolton & Menk, Inc. 2014, All Rights Reserved BID FORM ARTICLE 1 - FOR CONSTRUCTION CONTRACTS 2014 Sanitary Sewer Rehabilitation City of Orono ARTICLE 2 - BID RECIPIENT 2.01 This Bid is submitted to: City of Orono 2750 Kelly Pkwy, PO Box 66 Orono, MN, 55356-0066 2.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 3 - BIDDER’S ACKNOWLEDGEMENTS 3.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 4 - BIDDER’S REPRESENTATIONS 4.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 20 of 118] City of Orono - C13.108282 BID FORM 2014 Sanitary Sewer Rehabilitation PAGE 00410-2 © Bolton & Menk, Inc. 2014, All Rights Reserved structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data." E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. ARTICLE 5 - BIDDER’S CERTIFICATION 5.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 21 of 118] City of Orono - C13.108282 BID FORM 2014 Sanitary Sewer Rehabilitation PAGE 00410-3 © Bolton & Menk, Inc. 2014, All Rights Reserved 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. ARTICLE 6 - BASIS OF BID 6.01 Bidder will complete the work in accordance with the Contract Documents at the prices shown in the attached Bidding Schedule. 6.02 Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. 6.03 Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids. Final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. 6.06 The Owner reserves the right to delete some sewer segments from the project if required to meert the project budget. ARTICLE 7 - TIME OF COMPLETION 7.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 7.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 8 - ATTACHMENTS TO THIS BID 8.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security in the form of a certified check, bank money order, or a bid bond (on the form attached). ARTICLE 9 - DEFINED TERMS 9.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 22 of 118] City of Orono - C13.108282 BID FORM 2014 Sanitary Sewer Rehabilitation PAGE 00410-4 © Bolton & Menk, Inc. 2014, All Rights Reserved Bid Submittal 9.02 This Bid is submitted by: If Bidder is: An Individual Name (typed or printed): By: (Individual’s signature) Doing business as: A Partnership Partnership Name: By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: (SEAL) State of Incorporation Type (General Business, Professional, Service, Limited Liability): By: (Signature – attach evidence of authority to sign) Name (typed or printed) Title: (CORPORATE SEAL) Attest: Date of Qualification to do business in [State where project is located] is / / Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 23 of 118] City of Orono - C13.108282 BID FORM 2014 Sanitary Sewer Rehabilitation PAGE 00410-5 © Bolton & Menk, Inc. 2014, All Rights Reserved A Joint Venture Name of Joint Venture: First Joint Venturer Name: (SEAL) By: (Signature of first venture partner – attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venture Name: (SEAL) By: (Signature of second venture partner – attach evidence of authority to sign) Name (typed or printed) Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bidder’s Business Address Phone No.: Fax No.: E-mail: SUBMITTED on: , 20 State Contractor License No.: [If applicable] Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 24 of 118] BID SCHEDULE OF UNIT PRICES 2014 SANITARY SEWER REHAB CIPP REHAB & MANHOLE LINING Bidder: CITY OF ORONO BMI PROJECT NO. C13.108282 BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item and total. ITEM BMI ESTIMATED UNIT TOTAL NO.SPEC #BID ITEM UNIT QUANTITY PRICE AMOUNT 1 01500 MOBILIZATION (5% MAXIMUM)LS 1 2 01555 TRAFFIC CONTROL LS 1 3 02532 CURED IN PLACE PIPE (CIPP) APPROXIMATELY 8" MEASURE LF 6,300 4 02532 LATERAL REINSTATEMENT (ANY SIZE)EA 65 5 02532 PROTRUDING TAP TRIMMING (NON-IRON, ANY SIZE)EA 2 6 02537 MANHOLE LINING LF 78 7 02537 MANHOLE JOINT SEALING EA 10 8 02537 MANHOLE INVERT RECONSTRUCTION EA 1 TOTAL BID: City of Orono - C13.108282 2014 SANITARY SEWER CIPP REHAB © Bolton & Menk, Inc. 2013, All Rights Reserved BID FORM PAGE 00410-6 Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 25 of 118] City of Orono - C13.108282 BID BOND 2014 Sanitary Sewer Rehabilitation PAGE 00430-1 © Bolton & Menk, Inc. 2014, All Rights Reserved PENAL SUM FORM Bid Bond Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER: SURETY: OWNER: BID Bid Due Date: Description: BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 26 of 118] City of Orono - C13.108282 BID BOND 2014 Sanitary Sewer Rehabilitation PAGE 00430-2 © Bolton & Menk, Inc. 2014, All Rights Reserved PENAL SUM FORM 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid d ue date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 27 of 118] ITEMS TO BE EXECUTED AFTER AWARD OF CONTRACT 2014 SANITARY SEWER REHABILITATION CITY OF ORONO ORONO, MN Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 28 of 118] City of Orono - C13.108282 NOTICE OF AWARD 2014 Sanitary Sewer Rehabilitation PAGE 00510-1 Notice of Award Date: Project: 2014 Sanitary Sewer Rehabilitation Owner: City of Orono Owner's Contract No.: Contract: Engineer's Project No.: C13.106474 Bidder: Bidder's Address: , You are notified that your Bid dated _______ for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for: 2014 Sanitary Sewer Rehabilitation The Contract Price of your Contract is_____________. 3 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Engineer three fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and required certificates of insurance. 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Orono Owner By: Authorized Signature Title Copy to Engineer Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 29 of 118] City of Orono - C13.108282 INFORMATION REQUESTED FROM THE LOW BIDDER 2014 Sanitary Sewer Rehabilitation PAGE 00511-1 © Bolton & Menk, Inc. 2014, All Rights Reserved DOCUMENT 00511 - INFORMATION REQUESTED FROM THE LOW BIDDER (The Low Bidder May Be Requested To Provide This Information After The Bids Are Received But Prior To Issuing The Notice Of Award) GENERAL INFORMATION The low bidder is requested to furnish the following information. Additional sheets shall be attached as required. Contractor's name and address: Contractor's telephone number: Contractor's FAX number: Contractor's E-mail address: Contractor's license: Primary Classification State License No. Supplemental Classifications held, if any Number of years as a Contractor in construction work of this type Names and titles of all officers of Contractor's firm: ATTACH TO THIS BID a list of five (5) construction contracts completed by the Contractor during the last five (5) years involving work of similar type and comparable value. The list shall include the following information as a minimum: Name, address and telephone number of owner. Name of project. Location of project. Brief description of the work involved. Contract amount. Date of completion of contract. Name, address and telephone number of architect or engineer. Name of owner's project engineer. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 30 of 118] City of Orono - C13.108282 INFORMATION REQUESTED FROM THE LOW BIDDER 2014 Sanitary Sewer Rehabilitation PAGE 00511-2 © Bolton & Menk, Inc. 2014, All Rights Reserved LIST OF SUBCONTRACTORS The low bidder is requested to list below the name and business address of each subcontractor who will perform work under this contract in excess of one-half of one percent of the Contractor's total bid price, and shall also list the portion of the work which will be done by such subcontractor. Work to be Performed Percent of Contract Subcontractor Name and Address 1. 2. 3. 4. 5. 6. 7. 8. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 31 of 118] City of Orono - C13.108282 INFORMATION REQUESTED FROM THE LOW BIDDER 2014 Sanitary Sewer Rehabilitation PAGE 00511-3 © Bolton & Menk, Inc. 2014, All Rights Reserved EQUIPMENT/MATERIAL SOURCE INFORMATION The low bidder is requested to list the name of the manufacturer of supplier and catalog numbers of the equipment or material proposed to be furnished under the bid. Awarding of a contract under this bid will not imply approval by the Owner of the manufacturers or suppliers listed by the low bidder. Equipment/Material Manufacturer/Supplier Catalog No. 1. 2. 3. 4. 5. 6. 7. 8. 9. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 32 of 118] City of Orono - C13.108282 AGREEMENT 2014 Sanitary Sewer Rehabilitation PAGE 00520-1 © Bolton & Menk, Inc. 2014, All Rights Reserved FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Orono (“Owner”) and (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as all labor, materials, equipment, utilities and all other things necessary for the construction of the 2014 Sanitary Sewer Rehabilitation ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2014 Sanitary Sewer Rehabilitation ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bolton & Menk, Inc., Kenneth Adolf, which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before November 1, 2014. Substantial completion shall be defined as completion of all sanitary sewer and manhole rehabilitation work including restoration. The project shall be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before December 20, 2014. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500.00 for each day that expires Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 33 of 118] City of Orono - C13.108282 AGREEMENT 2014 Sanitary Sewer Rehabilitation PAGE 00520-2 © Bolton & Menk, Inc. 2014, All Rights Reserved after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the paragraphs below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work time the actual quantity of that item in accordance with the “Schedule of Unit Prices” attached hereto (Page 00520-8). The total estimated contract price is Two Hundred Twenty-Nine Thousand, Three Hundred Fifty-One Dollars and Fifty Cents ($ ). The Bid prices for Unit Price work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in the General Conditions and the Supplemental Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in the General Conditions and the Supplemental Conditions. B. For all work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Applications for Payment shall be prepared and submitted in accordance with the General Conditions and/or the Supplementary Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions and the Supplementary Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment as recommended by the Engineer. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. The cut-off date for calculation of completed unit price quantities for monthly progress payments will be on the of each month. a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 50 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 34 of 118] City of Orono - C13.108282 AGREEMENT 2014 Sanitary Sewer Rehabilitation PAGE 00520-3 © Bolton & Menk, Inc. 2014, All Rights Reserved 2. The initial Progress Payment shall be paid in coordination with the OWNER'S regular accounts payable schedule falling closest after the initial Progress Payment becomes due in accordance with Paragraph 14.02 of the General Conditions. Due to differences in the OWNER'S accounts payable cycle and start of construction, initial Progress Payment may cover a period of more than or less than one month of construction. After the initial Progress Payment, subsequent Progress Payments will be made monthly in accordance with the OWNER'S regular accounts payable schedule. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All monies not paid when due as provided in the General Conditions or Supplemental Conditions shall bear interest at a rate of 5%. ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC- 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 35 of 118] City of Orono - C13.108282 AGREEMENT 2014 Sanitary Sewer Rehabilitation PAGE 00520-4 © Bolton & Menk, Inc. 2014, All Rights Reserved H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance bond. 3. Payment bond. 4. Other bonds (pages _____ to _____, inclusive). a. _____ (pages _____ to _____, inclusive). b. _____ (pages _____ to _____, inclusive). c. _____ (pages _____ to _____, inclusive). 5. General Conditions (pages 1 to 62, inclusive). 6. Supplementary Conditions (pages 00800-1 to 00800-10, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Figures consisting of one sheet with each sheet bearing the following general title: 2014 Sanitary Sewer CIPP Project. 9. Addenda (numbers 1 to 1, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages 00410-1 to 00430-2, inclusive). b. Documentation submitted by Contractor prior to Notice of Award. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (page 00550-1, inclusive). b. Work Change Directives. c. Change Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 36 of 118] City of Orono - C13.108282 AGREEMENT 2014 Sanitary Sewer Rehabilitation PAGE 00520-5 © Bolton & Menk, Inc. 2014, All Rights Reserved C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 37 of 118] City of Orono - C13.108282 AGREEMENT 2014 Sanitary Sewer Rehabilitation PAGE 00520-6 © Bolton & Menk, Inc. 2014, All Rights Reserved 10.06 Other Provisions A. Not Applicable. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 38 of 118] City of Orono - C13.108282 AGREEMENT 2014 Sanitary Sewer Rehabilitation PAGE 00520-7 © Bolton & Menk, Inc. 2014, All Rights Reserved IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on . (which is the Effective Date of the Agreement). OWNER: CONTRACTOR City of Orono By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: License No.: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) (Where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. Agent for service of process: Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 39 of 118] City of Orono - C13.108282 NOTICE TO PROCEED 2014 Sanitary Sewer Rehabilitation PAGE 00550-1 © Bolton & Menk, Inc. 2014, All Rights Reserved NOTICE TO PROCEED Date: Project: 2014 Sanitary Sewer Rehabilitation Owner: City of Orono Owner's Contract No.: Contract: Engineer's Project No.: C13.106474 Contractor: Contractor's Address: You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is November 1, 2014, and the date of readiness for final payment is December 20, 2014. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. City of Orono Orono, MN BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this, the day of , 2014. Title Date Copy to Engineer Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 40 of 118] EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 of 3 2014 Sanitary Sewer Rehabilitation PERFORMANCE BOND CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): City of Orono 2750 Kelly Pkwy, PO Box 66 Orono, MN 55356-0066 CONSTRUCTION CONTRACT Effective Date of Agreement: Amount: $ Description (Name and Location): 2014 Sanitary Sewer Rehabilitation, Orono, MN BOND Bond Number: Date (Not earlier than the Effective Date of the Agreement of the Construction contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 41 of 118] EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 2014 Sanitary Sewer Rehabilitation 1. The Contract or and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 42 of 118] EJCDC C-610 – Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 2014 Sanitary Sewer Rehabilitation obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: None Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 43 of 118] EJCDC C-615 – Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 of 3 2014 Sanitary Sewer Rehabilitation PAYMENT BOND CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): City of Orono 2750 Kelly Pkwy, PO Box 66 Orono, MN 55356-0066 CONSTRUCTION CONTRACT Effective Date of Agreement: Amount: $ Description: (name and location) 2014 Sanitary Sewer Rehabilitation, Orono, MN BOND Bond Number: Date (Not earlier than the Effective Date of the Agreement of the Construction contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 44 of 118] EJCDC C-615 – Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 2014 Sanitary Sewer Rehabilitation 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2Pay or arrange for payment of any undisputed amounts. 7.3The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 45 of 118] EJCDC C-615 – Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 2014 Sanitary Sewer Rehabilitation 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3.A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6.The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7.The total amount of previous payments received by the Claimant; and 8.The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 46 of 118] GENERAL CONDITIONS FOR EDITION C-700-EJCDC – 2007 2014 SANITARY SEWER REHABILITATION CITY OF ORONO ORONO, MN Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 47 of 118] SUPPLEMENTARY CONDITIONS FOR EDITION C-700 EJCDC - 2007 2014 SANITARY SEWER REHABILITATION CITY OF ORONO ORONO, MN Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 48 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-1 DOCUMENT 00800 - SUPPLEMENTARY CONDITIONS EJCDC C-700 – 2007 Standard Edition INDEX SUPPLEMENTARY CONDITIONS GENERAL COMMENTS SC 2.02 COPIES OF DOCUMENTS SC 4.02 SUBSURFACE AND PHYSICAL CONDITIONS SC 4.05 REFERENCE POINTS SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE SC-5.02 LICENSED SURETIES AND INSURERS SC 5.04 CONTRACTOR'S INSURANCE SC 5.06 PROPERTY INSURANCE SC 6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS SC-6.08 PERMITS SC 6.12 RECORD DOCUMENTS SC 6.13 SAFETY AND PROTECTION SC-6.17 SHOP DRAWINGS AND SAMPLES SC 7.02 COORDINATION SC 7.04 CLAIMS BETWEEN CONTRACTORS SC 9.03 PROJECT REPRESENTATIVE SC 11.03 UNIT PRICE WORK SC 13.07 CORRECTION PERIOD SC 14.02.A.1 APPLICATIONS FOR PAYMENTS SC 14.02.A.3 APPLICATIONS FOR PAYMENTS SC-14.02.B REVIEW OF APPLICATIONS SC-14.02.C.1 PAYMENT BECOMES DUE SC14.02.C.2 PROGRESS PAYMENT TO SUBCONTRACTORS SC 14.05 PARTIAL UTILIZATION SC 14.07.A.4 WITHHOLDING OF INCOME TAX AT SOURCE Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 49 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-2 SUPPLEMENTARY CONDITIONS TO THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SUPPLEMENTARY CONDITIONS - GENERAL COMMENTS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC-2.02 COPIES OF DOCUMENTS Delete Paragraph 2.02.A in its entirety and insert the following in its place: 2.02.A Owner shall furnish to Contractor up to five (5) printed or hard copies of the Drawings and Project Manual and one set in electronic PDF format. Additional copies will be furnished upon request at the cost of reproduction. SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS Delete Paragraphs 4.02.A and 4.02.B in their entirety and insert the following: 4.02.A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC-4.05 REFERENCE POINTS Delete Paragraph 4.05.A of the General Conditions in its entirety and insert the following Paragraph 4.05.A in its place: 4.05.A. The OWNER will provide engineering surveys to establish reference points for construction as described in Section 01720, Field Engineering, of the Specifications. SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: 4.06.A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. SC-5.02 LICENSED SURETIES AND INSURERS Add a new paragraph immediately after Paragraph 5.02.A: 5.02.B. All companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better, with exception that Worker’s Compensation Ins urance providers that have not been rated by A.M. Best may provide Worker’s Compensation policies if they are 1) domiciled in the State of Minnesota; 2) have a Certificate of Authority/Compliance from the MN Department of Commerce; and 3) have been accepted to provide Worker’s Compensation Insurance for similar projects awarded by the State of Minnesota within the last 12 months. If Contractor is self-insured, a Certificate of Self-Insurance must accompany bid. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 50 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-3 SC-5.04 CONTRACTOR'S INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B.6.b.: 5.04.C. The Contractor’s policies shall be primary insurance to any other valid and collectible insurance to the Owner with respect to any claim arising out of Contractor’s performance under this Contract. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers’ Compensation and Employer’s Liability , and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State: Statutory b. Federal (if applicable, e.g. Longshoreman’s): Statutory c. Employer’s Liability: 1). Bodily injury, each accident: $ 1,000,000 2). Bodily injury disease, each employee: $ 1,000,000 3). Bodily injury/disease aggregate: $ 1,000,000 2. Contractor’s General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include Contractual Liability, Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $ 2,000,000 b. Products – Completed Operations Aggregate $ 2,000,000 c. Personal and Advertising Injury $ 1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages. f. 5.04B.6.a is revised to require Completed Operations and Products Liability coverage to remain in effect for three years after final payment. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each person $ 1,000,000 Each Accident $ 1,000,000 Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 51 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-4 b. Property Damage: Each Accident $ 1,000,000 [or] a. Combined Single Limit of $ 1,000,000 4. Umbrella and Excess Liability Insurance: Unless specifically required in 5.02.C.8 to provide additional coverage written over and in addition to the underlying liability requirements, the Contractor may purchase and maintain umbrella and excess liability insurance written over the underlying liability policies described in paragraphs 5.02.C.1, 2 and 3 to meet the limits of those policies. In all cases, the excess and umbrella coverage shall follow form over the underlying policies. 5. Additional Insured: The OWNER and ENGINEER shall be named and listed as additional insureds on the CONTRACTOR'S policies for liability insurance required under Paragraphs 5.04.C.2, 5.04.C.3, all Umbrella and Excess Liability coverage, Railroad Protective Liability Insurance (if required) and Contractor’s Pollution Liability coverage (if required). The inclusion of more than one named insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured. a. Additional insured endorsements shall include both ongoing operations and products and completed operations coverage using ISO forms CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. b. Additional insured endorsement for the Engineer shall also conform to ISO form CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or equivalent. c. Paragraph 5.04B.6.c is revised to require that additional insured endorsements for completed operations coverage shall remain in effect for three years after final payment. d. The following additional individuals and entities shall also be included on Contractor’s insurance as additional insureds City of Orono and Bolton & Menk, Inc. (must be listed by specific name and not genre or role). 6. Certificates of Insurance: Paragraphs 5.04.B.4 and 5.06.C are modified such that all policies of insurance will contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor and Owner in the case of cancellation due to non-payment of premium and at least 30 days prior written notice for any other reason, or such longer notification periods as may be required by statute. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other additional insured to which a certificate of insurance has been issued. 7. Designated Aggregate Limit; Deductibles: The Aggregate Limits required under 5.04C.2 shall be maintained fully available for this project by a Designated Construction Project(s) General Aggregate Limit endorsement. Contractor is responsible for payment of all insurance deductibles for coverages provided under 5.04 and 5.06 of this Contract. Upon request, the Contractor will provide Owner with satisfactory evidence that Contractor has adequate assets to cover any deductible or self-insured retention in excess of $10,000. SC-5.06 PROPERTY INSURANCE Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 52 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-5 Delete Paragraph 5.06.A in its entirety and insert the following in its place: 5.06.A. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. Contractor shall be responsible for any deductible or self-insured retention. This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, Engineer, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by these Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued; and 8. comply with the requirements of Paragraph 5.06.C of the General Conditions. SC-6.06. CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS Add a new paragraph immediately after Paragraph 6.06.G: 6.06.H. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.08 PERMITS The following Paragraph 6.08.B shall be added immediately after Paragraph 6.08.A: 6.08.B. If the OWNER has obtained, or has applied for, the necessary construction permits from any regulatory agencies, they will be addressed in Section 01410, Regulatory Requirements, of the Specifications. CONTRACTOR shall obtain and pay for all construction permits, licenses and bonds, not specifically highlighted as previously obtained, or applied for, in the referenced Section. SC-6.12 RECORD DOCUMENTS The following Paragraphs 6.12.B through 6.12.C shall be added immediately after Paragraph 6.12.A: Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 53 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-6 6.12.B. The purpose of the final Project Record Documents is to provide factual information regarding all aspects of the work, both concealed and visible, to enable future modification of the work to proceed without lengthy and expensive site measurement, investigation, and examination. 6.12.C. Prior to submitting a request for final payment, submit the final Project Record Documents to the Engineer and/or Owner for approval. Approval of the Record Documents shall not constitute final acceptance of the completed project. SC-6.13 SAFETY AND PROTECTION The following Paragraph 6.13.A.4 shall be added immediately after Paragraph 6.13.A.3: 6.13.A.4. The OWNER, ENGINEER or their representatives may indicate potential safety hazards noticed at the construction site. However, the CONTRACTOR shall remain the only party liable for the maintenance of safe construction practices. SC-6.17 SHOP DRAWINGS AND SAMPLES Add the following new paragraphs immediately after Paragraph 6.17.E: 6.17.F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time. 6.17.G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for its review time unless the need for such cha nge is beyond the control of Contractor. SC-7.02 COORDINATION Delete Paragraph 7.02.A in its entirety and replace with the following: 7.02.A. Owner does not intend to contract with others for the performance of other work on the Project at the Site. SC-9.03 PROJECT REPRESENTATIVE Add the following new paragraphs immediately after Paragraph 9.03.A: 9.03.B. If a Resident Project Representation (RPR) is not provided for this project, their responsibilities of the Engineer during construction shall be as provided in the General Conditions and the Supplemental Conditions. 9.03.C. If a Resident Project Representative (RPR) is provided for this project, the RPR will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall: 1. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 54 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-7 3. Liaison: a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 5. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 6. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Dr awings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 7. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 8. Inspections, Tests, and System Startups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 9. Records: a. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. b. Maintain records for use in preparing Project documentation. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 55 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-8 10. Reports: a. Furnish to Engineer periodic reports as required of progress of the Wor k and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. c. Obtain backup material from Contractor. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition. 11. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 13. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. 9.03.D. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor’s superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 56 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-9 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. SC-11.03. UNIT PRICE WORK Delete Paragraph 11.03.D in its entirety and insert the following in its place: 11.03.D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. if the original bid amount of a particular item of Unit Price Work amounts to five (5) percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than twenty (20) percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if Contractor believes that Contractor has incurred additional expense as a result thereof or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. SC-13.07 CORRECTION PERIOD Modify Paragraphs 13.07.A and 13.07.D of the General Conditions to change all references for the correction period length from one year to two years, except for luminaries, which is five years. Add the following Paragraph 13.07.F immediately after Paragraph 13.07.E: 13.07.F. For purposes of this Paragraph 13.07, the date of Substantial Completion shall be interpreted as the dat e when final payment is due in accordance with Paragraph 14.07.B and 14.07.C, and the two year correction period shall commence on the date when final payment is due in accordance with Paragraph 14.07B and 14.07.C, unless otherwise modified by the Specifications or by Written Agreement. SC-14.02.A.1 APPLICATION FOR PAYMENTS Replace Paragraph 14.02.A.1 with the following: 14.02.A.1. The ENGINEER shall, in consulting with Contractor, prepare a partial payment estimate on or about the day as specified in Paragraph 5.1 of the Agreement in any given month where significant work has been completed. The Pay Estimate shall then be forwarded to the Contractor for its review and approval. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect the OWNER's interest therein, all of which must be satisfactory to OWNER. SC-14.02.A.3 APPLICATIONS FOR PAYMENT Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 57 of 118] City of Orono - C13.108282 SUPPLEMENTARY CONDITIONS 2014 Sanitary Sewer Rehabilitation PAGE 00800-10 Add the following Paragraph 14.02.A.4 immediately after Paragraph 14.02.A.3. 14.02.A.4. All out-of-state contractors shall comply with all State of Minnesota surety deposit requirements. The OWNER will withhold an additional sum of 8 percent of the amount due the Contractor from each payment and forward it to the Department of Revenue until the CONTRACTOR's state tax obligations are considered fulfilled unless the CONTRACTOR can show reason for exemption. Exemption will be granted provided the out-of-state contractor files Form SD-E (Exemption from Surety Deposits for Out-of-state Contractors) and meets the exemption guidelines established for the Minnesota Department of Revenue. All necessary forms may be obtained from the Minnesota Department of Revenue, Mail Station 4450, St. Paul, Minnesota 55146-4450, or phone 1-800-657-3777. SC-14.02.B. REVIEW OF APPLICATIONS Delete Paragraph 14.02.B.1. SC-14.02.C.1 PAYMENT BECOMES DUE The time period for payment shall be in accordance with the Agreement. SC14.02.C.2 PROGRESS PAYMENT TO SUBCONTRACTORS Delete Paragraph 14.02.C.1 in its entirety and insert the following in its place: 14.02.C.1. For contracts involving payment with public funds within the State of Minnesota, including but not limited to cities, counties, towns, school districts, political subdivisions or agencies of local government, within ten days after final payment has been made to the Prime Contractor, the Prime Contractor shall make payment to all Subcontractors for undisputed services provided by the Subcontractor. The Prime Contractor shall pay interest of 1.5% per month or for any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00 For an unpaid balance of less than $100.00, the Prime Contractor shall pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil action to collect interest penalties from a Prime Contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. SC-14.05 PARTIAL UTILIZATION Add the following Paragraph 14.05.B immediately after Paragraph 14.05.A.4 of the General Conditions. Paragraph 14.05.B modifies Paragraph 14.05.A of the General Conditions and reference is made thereto. 14.05.B. Nothing in Paragraph 14.05.A shall obligate the CONTRACTOR to apply for a Certificate of Substantial Completion for any part of this Project. The provisions for partial utilization of the Project, if any, are established by the Specifications and no Certificate of Substantial Completion will be issued for partial utilization occurring within the terms of the Specifications. Partial utilization of the Project not covered by the Specifications shall be in accordance with Paragraph 14.05.A and its sub-paragraphs. If a Certificate of Substantial Completion is not issued, Substantial Completion shall be when final payment is due in accordance with Paragraph 14.07.B. SC-14.07.A.4 WITHHOLDING OF INCOME TAX AT SOURCE Add the following Paragraph 14.07.A.4 immediately following Paragraph 14.07.A.3 of the General Conditions and immediately before 14.07.B: 14.07.A.4. "Final payment will not be made to the CONTRACTOR until a certificate showing that the CONTRACTOR has complied with the provisions of M.S.A. 290.92 requiring withholding of income tax on wages at the source. Said certificate shall be executed by the Commissioner of Revenue. Forms for certification may be obtained from the Commissioner of Revenue, Centennial Building, St. Paul, Minnesota 55145." Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 58 of 118] City of Orono - C13.108282 June 3, 2014 © Bolton & Menk, Inc. 2014, All Rights Reserved Division 1 -1 CONDITIONS OF THE CONTRACT 2014 SANITARY SEWER REHABILITATION CITY OF ORONO ORONO, MN 01110 - SUMMARY OF WORK 01230 - ALTERNATES / ALTERNATIVES 01270 - MEASUREMENT & PAYMENT 01310 - COORDINATION 01330 - SUBMITTALS 01410 - REGULATORY REQUIREMENTS 01420 - SPECIFICATION REFERENCE 01425 - ABBREVIATIONS 01450 - QUALITY CONTROL 01500 - MOBILIZATION 01555 - MAINTENANCE AND CONTROL OF TRAFFIC 01562 - AIR, LAND AND WATER POLLUTION 01770 - PROJECT CLOSEOUT Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 59 of 118] City of Orono - C13.108282 SUMMARY OF WORK June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01110-1 SECTION 01110 - SUMMARY OF WORK PART 1 -- GENERAL 1.1 PROJECT LOCATION A. The project is located in Orono, MN. The project location is shown on the vicinity map in the Appendix. 1.2 PROJECT DESCRIPTION A. The project involves rehabilitation of existing sanitary sewer pipe and manholes. Individual elements of work shall include, but are not limited to: 1. Clean sanitary sewer as required to perform contract work. 2. Televise the sanitary sewer and review with Engineer. 3. Cut off protruding taps and prepare sewer for lining. 4. Install CIPP liner in sanitary sewer and reinstate service connections. 5. Televise completed work. 6. Inspect manholes scheduled for rehabilitation and provide recommendations to Engineer regarding repair method for each defect. 7. Seal manhole joints, reconstruct manhole bottoms and place concrete liner in manholes. 8. Reconstruct manhole adjusting rings and add chimney seals. 9. Excavation and spot repair of sanitary sewer defects. 10. Bituminous patching and restoration. 11. Traffic control. 12. Other miscellaneous work shown on the plans or specified herein. 1.3 ALTERNATE MATERIALS & METHODS OF CONSTRUCTION A. The Contractor may present alternative materials and/or methods of construction for consideration by the Owner. Proposals for such alternatives shall be in accordance with the provisions of Section 01230 - ALTERNATES / ALTERNATIVES. 1.4 CONTRACTOR USE OF PROJECT SITE A. The Contractor's use of the project site shall be limited to its construction operations, including on- site storage of materials and field offices. No materials shall be stored in a location as to limit access to the affected public. Any damage caused by Contractor operations to private property, including but not limited to, parking lots, trees, shrubs, material spatter, etc. shall promptly be corrected at the Contractor’s expense. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 60 of 118] City of Orono - C13.108282 SUMMARY OF WORK June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01110-2 PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 OPERATIONAL LIMITATIONS AND REQUIREMENTS A. The Contractor shall confine its work within the limits of the easements, public rights-of-way, and/or construction limits as shown on the plans. If the Contractor desires additional space, it shall be the Contractor's responsibility to acquire easements and/or permission, as desired. 3.2 BARRICADES A. The Contractor shall furnish and install any necessary barricades to protect the public or workers during the project. Barricades to keep public out of construction areas shall be left in place until removed by Contractor after they are no longer required for protection. The Contractor is responsible to secure the site at all times during the demolition. B. The Contractor shall furnish names, addresses, and phone numbers of at least two (2) local individuals capable of immediate response who will be responsible for the site security and traffic control devices to: The Engineer The Owner Local Law Enforcement Agencies C. The Contractor shall respond with sufficient personnel, equipment and/or materials and conduct the required work or be subject to a $100 per hour deduction from the time of notification for non- attention to project security and safety. 3.3 SAFETY HAZARDS A. The Owner, Engineer or their representatives may indicate potential safety hazards noticed at the Construction site. However, the Contractor shall remain the only party liable for the maintenance of safe construction practices. 3.4 INTERFERENCE WITH TREES A. The Contractor may be required to trim tree branches that overhang the work zone as specifically identified during construction by the Engineer, where branches are likely to be broken or excessively damaged by construction equipment and activities. Branches which are accidentally damaged during construction shall be trimmed immediately. All trimmed ends shall be coated with an appropriate coating material. B. The Contractor shall protect existing trees within close proximity of the construction from stripping and root damage. Roots extending into excavations shall be cut before excavating in their vicinity. Roots cut or otherwise damaged shall be coated with an appropriate protective dressing prior to backfilling. C. No direct compensation for tree protection and interference shall be made, unless specifically identified in the Schedule of Unit Prices. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 61 of 118] City of Orono - C13.108282 ALTERNATES / ALTERNATIVES June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01230-1 SECTION 01230 - ALTERNATES / ALTERNATIVES PART 1 -- GENERAL 1.1 SUMMARY A. This section shall govern the interpretation and evaluation of bid alternates and contractor proposed alternatives. B. The Owner reserves the right to reject any bids not complying with the requirements of this section. C. All bids must include a bid based on the "base bid" or the Contract Documents defined alternatives, as specified, without anticipation of the use of "or equal" items or contractor proposed alternatives. Bids solely based on the use of "or equal" items or contractor proposed alternatives may be rejected without consideration, at the discretion of the Owner. D. Qualification process 1. Installers wishing to qualify alternate methods and/or materials for this project must submit a copy of the license or certificate verifying the manufacturer's or licensor's approval, and evidence of the installer's experience including the number, total length, and locations of trenchless construction projects installed to date using the proposed materials and methods together with the names and phone numbers of facility owners to the Engineer 10 days prior to the opening of bids to allow time for evaluation. 2. The final decision to accept or reject the applicant lies solely with the Owner. 1.2 INTERPRETATION OF "OR EQUAL" CLAUSES A. The Contractor shall include in its base bid the items, as specified, without consideration of using the 'or equal' items and methods. B. The Contractor shall then include in its bid the amount of the deduction, increase or revised total bid to be applied if the 'or equal' items and methods are accepted. C. The Owner and Engineer shall evaluate the 'or equal' stature of the proposed materials and methods. D. The Owner reserves the right to accept or reject the proposed 'or equal' materials and methods at the appropriate adjustment to bid price. 1.3 PROPOSALS WITH SPECIFIED BID ALTERNATES A. The Owner reserves the right to select the bid alternate desired, regardless of the amount bid. B. The bid shall be awarded to the lowest and best bidder of the selected alternate. 1.4 CONTRACTOR PROPOSED ALTERNATIVES A. Contractor proposed alternative methods and techniques may be considered by the Owner, with the advice of the Engineer, after Award of Contract. No alternatives shall be accepted or considered as part of the bid. B. The Contractor shall include in its base bid the items, as specified, without consideration of using any proposed alternative materials and/or methods. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 62 of 118] City of Orono - C13.108282 ALTERNATES / ALTERNATIVES June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01230-2 C. The Contractor shall then include in its bid the amount of the deduction, increase or revised bi d amount to be applied if the proposed alternative materials and methods are accepted. D. The Owner and Engineer shall evaluate the stature of the proposed materials and methods. 1. Evaluation by the Owner and Engineer shall include the cost of modifying the design, as necessary and shall be at the discretion of the Owner and Engineer. 2. If the Contractor is proposing trenchless technology that is not included as a contract alternative, the following modifications to the original design shall be anticipated by the Contractor and included in the price differential or revised contract amount, as proposed: (a) The actual inside pipe diameter included in the Contractor proposed alternative shall be equal to or larger than the original conduit design, as specified, unless approved by the Engineer. (b) The minimum grade of all conduits installed by trenchless technologies for gravity sewers shall be 0.80%. This minimum may increase the depth required for structures. The Contractor shall include in the price differential or revised contract amount the cost of any such increases in structure depth. (c) Proposed modifications which include changes in pipe size whether to meet the required actual inside pipe diameter or necessitated by proposed changes in pipe materials, etc. may require changes in manhole diameters to accommodate the necessary pipe entrances. The Contractor shall include in the price differential or revised contract amount the cost of any such increases in manhole size. E. The Owner reserves the right to accept or reject "Contractor Proposed Alternatives”. 1.5 SPECIFICATION REFERENCES A. CONTRACTOR PROPOSED ALTERNATIVES 1. If the Bidder proposes an alternative: (a) The Contractor is required to request, in writing, a determination on the Specifications which will be enforced to govern the construction. This request shall be made directly to the Engineer at the time of bid opening or before. (b) The Engineer shall attempt to provide the Specification requirements prior to the end of the working day to allow the Contractor time to withdraw its bid, if requested by the Contractor. 1.6 SUBMITTALS A. "OR EQUAL" MATERIALS AND/OR METHODS 1. Unless otherwise specified, contractors whose bids are based on "equal" materials and/or methods shall include with their bid the manufacturer name, address, product name, model, specification reference and/or testing certification of the items proposed to be used. The Contractor shall also include evidence of the 'equal' stature of the products proposed. B. PROPOSALS FOR SPECIFIED BID ALTERNATES 1. Unless otherwise specifically requested, no submittals are required. 2. Unless otherwise specifically requested, the Contractor is required to bid at least one of the alternates included in the proposal form, and the Contractor may choose to bid other alternates or not. C. CONTRACTOR PROPOSED ALTERNATIVES Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 63 of 118] City of Orono - C13.108282 ALTERNATES / ALTERNATIVES June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01230-3 1. The Contractor shall contact the Engineer prior to bidding the job to discuss its proposed alternative approach to the methods and materials used or execution of the job. The Engineer shall evaluate the proposed methods and may at the Engineer’s discretion choose to issue an addendum to all contractors or accept the conversation as privileged communication. 2. Unless otherwise specified, the Contractors whose bid includes alternative materials and/or methods shall include with their bid the manufacturer name, address, product name, model, specification reference and/or testing certification of the items proposed to be used. The Contractor shall also include evidence of the 'equal' stature of the products and/or methods proposed. 3. The Contractor shall mark the outside of the bid envelope that alternative methods are included. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 SPECIFIED BID ALTERNATES AND ALTERNATIVES A. Execution of alternates and alternatives specified in these documents shall be governed by the appropriate section of these Specifications. 3.2 CONTRACTOR PROPOSED ALTERNATES AND ALTERNATIVES A. Execution of alternates and alternatives proposed by the Contractor, if accepted by the Owner, shall be governed by those Specifications provided by the Engineer. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 64 of 118] City of Orono - C13.108282 MEASUREMENT AND PAYMENT June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01270-1 SECTION 01270 - MEASUREMENT & PAYMENT PART 1 -- GENERAL 1.1 SUMMARY A. Methods of measurement and payment for all items not individually specified shall be according to the appropriate referenced specification standard. 1.2 MEASUREMENT & PAYMENT A. Payment for Hauled Materials: No compensation will be paid for any weigh ticket received after the date shown on the ticket unless prior arrangements are made with the Engineer. B. Payment for Materials Stored on Site: None. C. Payment for Major Lump Sum Items: The Contractor shall submit a schedule of values for major items of construction that are bid as lump sum. The schedule shall identify major sections of work and the percentage of the bid price applied to each. Payment shall be made according to the percentage complete of each major section of work. 1.3 SUBMITTALS A. The Contractor shall submit to the Engineer a “Certificate of Conformance” statement stating that the scale used to weigh hauled materials has been tested and calibrated for the current construction season. This Certificate shall be from Mn/DOT or other reliable scale servicing company. Providing a certified scale and obtaining such “Certificate of Conformance” is the s ole responsibility of the Contractor and all costs associated are considered incidental to the materials being supplied. B. Hauled Materials: The Contractor shall furnish numbered weigh tickets which list the Date, Project, Type of Material, Gross Weight, Tare Weight, Material Weight in tons, and Truck Number for each load brought to the construction site. If the individual pay items are identified on a unit weight basis, the Contractor shall provide the Engineer with a summary type spreadsheet which provides accumulative job totals of all aggregate and bituminous materials hauled to the project. This spreadsheet shall be submitted to the Engineer on a weekly basis. C. Procured Materials: The Contractor shall furnish an insurance bond showing the type of material, the amount of material, the valuation of the material, the stored location, the project, the date, the name and address of the surety. D. Compacted Volume Materials: When measurement is specified by the CUBIC YARD, (CY) COMPACTED VOLUME (CV), will be determined by length, width and depth measurements of the material in its placed and compacted position, according to the placement dimensions as shown in the Contract or as designated by the Engineer. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 65 of 118] City of Orono - C13.108282 COORDINATION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01310-1 SECTION 01310 – COORDINATION PART 1 -- GENERAL 1.1 SEQUENCE OF CONSTRUCTION A. A written project management scheduling tool (i.e., critical path (CPM), detailed bar chart, etc.) shall be employed by the Contractor for cost value reporting, planning and scheduling of all work required under the Contract Documents. This schedule shall show the order in which the Contractor proposes to execute the work with dates on which it proposes to start the various phases of the wor k and the estimated completion date of each phase. The Contractor shall submit a preliminary version of its intended schedule within 10 working days following the Notice of Award on the attached form or on a form of its own choosing. The Contractor is required to show the initial critical path (CPM) of tasks to be performed. B. Unless otherwise approved by the Engineer, the schedule shall also include an anticipated payment schedule for the volume of work to be completed each month. This schedule shall indicate the Contractor's intention and ability to complete the work within the contract times, as specified in Article 3 of the Agreement. C. The Preconstruction Conference as outlined in Section 01315 will not be conducted until the schedule is submitted. In addition, no construction staking shall be provided until the schedule is submitted by the Contractor and reviewed by the Engineer. 1.2 WORKING HOURS A. Except in connection with safety or emergency situations, all work at the site shall be performed during daylight hours. B. The Contractor shall notify the Owner and Engineer of any work planned on Saturday, Sunday, or any legal holidays at least 48 hours prior to such work. C. The Contractor shall coordinate any construction or hauling activity in the vicinity of churches, schools, medical facilities, and funeral homes. The Contractor shall be cognizant of the disruptive effects of continued construction during funerals. The Owner reserves the right to temporarily stop construction within one block of, and during the time of, any funeral procession. No compensation shall be granted to the Contractor due to temporary delays caused by funerals. 1.3 TRAFFIC CONTROL A. See reference Specification 01555. 1.4 COORDINATION WITH BUSINESSES AND PRIVATE PROPERTY OWNERS ADJACENT TO THE PROJECT A. The Contractor shall notify all property owners and occupants adjacent to the project 2 days in advance to allow moving machinery and/or vehicles or other items that may be blocked in or damaged due to the upcoming construction in the area. Access to the properties shall be restored as soon as possible after each phase of construction. 1.5 COORDINATION WITH UTILITY COMPANIES A. The Contractor is responsible for working with public and private utility companies in protecting and/or relocating existing or new utility lines located near and affected by this construction. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 66 of 118] City of Orono - C13.108282 COORDINATION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01310-2 1. Coordination with the utility companies is very important and should be considered in planning the work and the associated extra costs involved. B. The Contractor shall consult with the City’s maintenance personnel when working around or performing the required sanitary sewer installations. C. The Contractor shall also work with the City’s maintenance personnel to provide for scheduled water shut-downs in a given area and to provide for continued water service to the properties along the project throughout the duration of the project. D. The Contractor shall work with all utility companies, as necessary, to allow for installation and for maintenance of service of gas, power, lighting, telephone, cable TV, etc. in the boulevards or across the streets prior to final shaping of aggregate base and/or topsoil. This coordination with the utility companies is the responsibility of the Contractor and is considered incidental to the construction and no additional compensation shall be granted. 1.6 COOPERATION WITH FIRE & EMERGENCY DEPARTMENTS A. The Contractor shall coordinate all work requiring shutting down water service or limiting access to buildings by emergency equipment with the fire & emergency departments. This shall include notification of the daily construction schedule by the Contractor. 1.7 COOPERATION WITH OTHER CONTRACTORS A. The Contractor shall cooperate with other contractors performing construction on other projects in the vicinity of this Project, including but not limited to allowing access for the delivery of equipment and materials. 1.8 COORDINATION WITH SERVICE PROVIDERS A. The Contractor shall coordinate with the postal service, recycling service, garbage collection service, school bus service, etc. to maintain continual uninterrupted service to all residences and businesses throughout the duration of the project. B. The Contractor shall temporarily relocate mailboxes, haul recycling and garbage for residents to a designated pick up location, etc., as required by the subject service provider. All equipment materials and labor required to coordinate with service providers and maintain services shall be incidental to the Contract. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 67 of 118] City of Orono - C13.108282 SUBMITTALS June 3, 2014 V062612 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01330-1 SECTION 01330 – SUBMITTALS PART 1 -- GENERAL 1.1 SUMMARY A. The Contractor shall submit three (3) copies of all required submittals and sample items as noted below. The Engineer will review them with reasonable promptness. The Contractor shall make all required corrections and file with the Engineer three (3) corrected sets for final review. If the Contractor requires more than two (2) reviewed copies, the Contractor shall submit additional sets. B. The responsibility for completeness of submittals lies with the Contractor. If the Engineer and/or Owner sign the submittal with no exception taken, such action shall not absolve the responsibilities of the Contractor in any way. 1.2 ITEMS TO BE SUBMITTED A. Sanitary Sewer 1. Liner data sheet and design parameters 2. Chemical grout data sheet 3. Final televising DVD and log B. Manholes 1. Chemical grout data sheet 2. Concrete liner data sheet and procedure description 3. Chimney seal data sheet 1.3 MATERIAL SAFETY DATA SHEETS A. The Contractor shall submit two copies of Material Safety Data Sheets (MSDS) for each material on site to the OWNER. B. The Contractor shall maintain an orderly file of material safety data sheets at the job site. 1.4 RECORD DRAWINGS A. The CONTRACTOR shall maintain at the construction site one complete set of drawings suitably marked to show all deviations from the original set of drawings and other information as specified. Supplementary sketches shall be included, if necessary, to clearly indicate all work as constructed. Sanitary and water service tie-in or stub-out locations shall show station and distances left or right of the survey control centerline. Existing sanitary and water service piping material type and size at the tie-in locations shall be noted also. B. All manholes, watermain bends and valves shall be located with tie-off dimensions to known items on the plans or in the field to enable the Contractor or City personnel to locate these structures for adjustment. C. All work shall be clearly shown and the record drawings shall be satisfactory to the OWNER in order to insure that adequate information is indicated to show the actual construction. The complete set of the record drawings shall be submitted to the ENGINEER prior to submittal of the final Application for Payment. Failure of the CONTRACTOR to maintain an up-to-date set of record Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 68 of 118] City of Orono - C13.108282 SUBMITTALS June 3, 2014 V062612 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01330-2 drawings on the project site shall be reason to withhold payments. All underground lines shall be determined from the record drawings. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 SUBMITTAL ROUTING A. All submittals shall be approved by the Contractor prior to submission to the Engineer. B. A Letter of Transmittal that identifies the submitted item and the review action required shall accompany all submittals. 1. The Contractor shall be responsible for filling in the following information on the Letter of Transmittal: (a) Date. (b) Submittal No. (c) Identify what is being sent checking the appropriate box. (d) No. Copies Submitted. (e) Indentify the Specification Section the attached information relates to. (f) Subject of Shop Drawing or Other Submittal. (g) Check whether the Shop Drawings are or are not in compliance. (1) If not in compliance, list the features which are not. (h) Sign and Date. 3.2 RESPONSIBILITY A. The Engineer's review of a submittal shall not relieve the Contractor from the responsibility for deviation from the drawings and specifications unless the Contractor has, in writing, called the Engineer's attention to the deviations at the time of submission; nor shall it relieve the Contractor from the responsibility of errors in the submittals. B. All submittals shall be reviewed by the Engineer prior to their incorporation into the project. If materials are installed without prior review, they will be subject to removal, at the Contractor's expense, if the material is found to be non-conforming to the Specifications. C. Emailed submittals to the Engineer in pdf format will be accepted. **** END OF SECTION **** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 69 of 118] City of Orono - C13.108282 REGULATORY REQUIREMENTS June 3, 2014 V092712 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01410-1 SECTION 01410 - REGULATORY REQUIREMENTS PART 1 -- GENERAL 1.1 SUMMARY A. Applicable codes and standards referred to in these specifications shall establish minimum requirements for equipment, materials, construction and shall be superseded by more stringent requirements of drawings and specifications when and where they occur. B. All equipment furnished and installed under the contract shall be designed, fabricated, assembled, installed, and placed into service. The equipment will conform to the applicable provisions of the Federal and State Safety and Health Standards, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. C. All construction methods and tools shall comply with commonly accepted standards for safety and health of personnel engaged on construction, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. D. Any conflicts between specifications and applicable codes and standards shall be referred to the Engineer. 1.2 PERMITS OBTAINED BY OWNER A. The Owner has applied for the following permits from appropriate authorities. It is anticipated that permission to proceed will be authorized prior to execution of Contract. The Contractor shall perform all work and conduct itself in full accordance with the requirements of the applicable permit: 1. None. B. The Contractor shall be responsible for meeting any bonding or insurance requirements which may be required as a condition to any permit, listed above. 1.3 PERMITS OBTAINED BY CONTRACTOR A. The Contractor shall secure and pay the cost of any other permits not mentioned above, which may be required including but not limited to: 1. Work within City right-of-way permit. 1.4 WORK WITHIN A RAILROAD RIGHT OF WAY A. No work within railroad right-of-way is anticipated as part of this project as designed. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 70 of 118] City of Orono - C13.108282 REGULATORY REQUIREMENTS June 3, 2014 V092712 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01410-2 PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 71 of 118] City of Orono - C13.108282 SPECIFICATION REFERENCE June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01420-1 SECTION 01420 - SPECIFICATION REFERENCE PART 1 -- GENERAL 1.1 GENERAL CONDITIONS A. The "Standard General Conditions of the Construction Contract" (2007 Edition), prepared by Engineers Joint Contract Documents Committee, and issued and published jointly by Professional Engineers in Private Practice (a Practice Division of the National Society of Professional Engineers), American Consulting Engineers Council, American Society of Professional Engineers and the Construction Specifications Institute, and Supplementary Conditions shall govern the work of all persons engaged in the performance of the Contract. B. The specifications listed in this section are not all inclusive, i.e., there may be other specifications referenced in individual specification sections that are not listed in 01420 1.2 SOIL DISTURBING ACTIVITIES A. Minnesota Pollution Control Agency (MPCA) - General Storm Water Permit for Construction Activity (MN R100001) 1. Details of the Permit are available on request from the Engineer, or at. (a) Storm Water Program - http://www.pca.state.mn.us/water/stormwater/stormwater-c.html (b) Permit itself - http://www.pca.state.mn.us/publications/wq-strm2-51.doc 1.3 WATERMAIN, SANITARY SEWER AND STORM SEWER CONSTRUCTION A. Watermain, sanitary sewer and storm sewer construction shall conform to the applicable provisions of the "Standard Utilities Specifications for Trench Excavation and Backfill/Surface Restoration Watermain and Service Line Installation and Sanitary Sewer and Storm Sewer Installation" as published by the City Engineers Association of Minnesota, (CEAM) 1999 Edition. B. Copies of the Standard Utilities Specifications may be downloaded and printed from the “DOCUMENTS´ portion of the City Engineers Association of Minnesota (CEAM) web site at: WWW.CEAM.ORG C. References to the standard specifications shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information of modification shall remain in effect as originally written. D. THREADED ITEMS - All threaded items furnished under this contract, including but not limited to mechanical joint connectors, flanged joint connectors, mainline valves, saddles, corporation stops, curb stops, hydrants, and air release valves shall be furnished to the nominal size as specified with ENGLISH threads. Should the Contractor choose to supply any items with metric threads, the Contractor shall supply full shop drawings of the item(s) with special attention drawn to the metric thread designation proposed. 1.4 GRADING, STREET AND SURFACE IMPROVEMENTS A. All of Divisions II and III, and any specifically referenced Division I sections of the Minnesota Department of Transportation (Mn/DOT), "Standard Specifications for Construction", 2005 Edition, together with all the Supplemental Specifications and Mn/DOT Technical Memoranda in force 30 calendar days prior to bid date and referencing the use of English units of measure, shall apply to all Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 72 of 118] City of Orono - C13.108282 SPECIFICATION REFERENCE June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01420-2 construction performed under this Contract except as modified in these Specifications. Unless noted, the requirements in the Specifications are in addition to the Mn/DOT Specification section being referenced. Mn/DOT Division Applicable I Only when specifically referenced. II & III Always. B. Whenever the word "Contracting Authority," "Department" or "Owner" is used in the sense of ownership as part of these Specifications and Contract, it shall mean Owner as defined in the Agreement. C. References to the standard specifications shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information or modification shall remain in effect as originally written. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 THE CONTRACTOR SHALL HAVE THE FOLLOWING DOCUMENTS AT THE SITE AT ALL TIMES DURING THE CONSTRUCTION: A. The applicable edition of Mn/DOT Standard Specification for Highway Construction. B. Any Supplemental Specifications to the applicable edition of Mn/DOT Standard Specification for Highway Construction. C. Any Technical Memoranda specifically referenced or linked to the execution of the Contract Documents. D. Mn/DOT Standard Plates Manual. E. Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), current edition. F. Minnesota Temporary Traffic Control Zone Layouts Field Manual, current edition. G. Project Manual H. "Standard Specifications" as published by the City Engineers Association of Minnesota, (CEAM) 1999 Edition. I. The Storm Water Pollution Prevention Plan (SWPPP), including completed inspection reports, developed for this project. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 73 of 118] City of Orono - C13.108282 ABBREVIATIONS June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01425-1 SECTION 01425 – ABBREVIATIONS PART 1 -- GENERAL 1.1 WHEREVER THE FOLLOWING ABBREVIATIONS ARE USED, THEY SHALL HAVE THE MEANINGS INDICATED: A. AASHTO American Association of the State Highway and Transportation Officials B. ACI American Concrete Institute C. AI The Asphalt Institute D. ASTM American Society for Testing and Materials E. AWWA American Water Works Association F. CEAM City Engineer's Association of Minnesota G. CLFMI Chain Link Fence Manufacturers Institute H. Mn/DOT Minnesota Department of Transportation I. OSHA Occupational Safety and Health Administration J. PCA Portland Cement Association or Minnesota Pollution Control Agency (context obvious) K. SWPPP Storm Water Pollution Prevention Plan PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 74 of 118] City of Orono - C13.108282 QUALITY CONTROL June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01450-1 SECTION 01450 - QUALITY CONTROL PART 1 -- GENERAL 1.1 SCOPE OF TESTS A. All materials, equipment, installation, and workmanship included in this contract, if so required by the Engineer, shall be tested and inspected to prove compliance with the contract requirements. B. All tests and inspections shall be completed under the direct supervision of a licensed professional engineer. All tests and inspections shall be the responsibility as identified in the individual sections of these specifications and shall be reported directly to the Owner and Engineer. C. No tests specified herein shall be applied until the item to be tested has been inspected and approval given for the application of such tests. D. Tests and inspections shall include all those specified in the individual sections and shall be compensated in accordance with the individual sections. E. Tests and inspection, unless otherwise specified or accepted, shall be in accordance with the recognized standards of the industry. F. Soil compaction testing performed by the Owner is deemed to be for the convenience of the Owner for documentation of the progress and performance of the work. Soil compaction testing results will be made available to the Contractor. However, the Owner and Engineer make no representations that the number of tests taken will be sufficient to accurately characterize the condition of any trench, and the Contractor shall take any supplemental test it deems necessary to monitor its own performance. The Owner may, at its discretion, eliminate soil and compaction testing on any part or the entire project. The presence or absence of soil and compaction testing or the approval of the results thereof shall in no way reduce the Contractor’s obligation to correct trench settlement as described in these Special Provisions. 1.2 FINAL TESTING AND START-UP A. If, under test, any portion of the work fails to fulfill the contract requirements and is altered, renewed or replaced, tests on that portion so altered, removed, replaced, together with all other portions of the work as are affected thereby, shall, if so required by the Engineer, be repeated within reasonable time and in accordance with the specified conditions and the Contractor shall pay to the Owner all reasonable expenses incurred by the Owner as a result of the carrying out of such tests. 1.3 TESTING AND LABORATORY SERVICES A. Independent Testing Laboratory 1. Where in the individual sections of this Specification, tests or inspections are required to be furnished by the Contractor by an independent testing laboratory, the Contractor shall employ and arrange for, at its expense, the services of an approved independent testing laboratory satisfactory to the Engineer to perform the testing utilizing recognized standard procedures and criteria. B. Reports and Certificates Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 75 of 118] City of Orono - C13.108282 QUALITY CONTROL June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01450-2 1. The Contractor shall submit reports and certificates of all inspections and test to the Engineer in duplicate. The reports and certificates become the property of the Owner. C. Sample Materials 1. The Contractor shall furnish all sample materials required for these tests and shall deliver the same without charge to the testing laboratory or other designated agency when and where directed by them. D. Additional Tests 1. In addition to those tests required by the individual technical specifications and/or referenced specifications: (a) Additional tests required beyond these required under this specification may be ordered by the Engineer to settle disagreements with the Contractor regarding quality of work done. If the work is defective, the Contractor shall pay all costs of the additional tests and shall correct the work. If the work is satisfactory, the Owner will pay for the additional tests. (b) The Owner may perform televised inspection of any and/or all under construction included in this project, at its own expense, at any time prior to final payment. All deficiencies discovered in the course of such investigation shall be corrected at the Contractor’s expense and, the Owner's satisfaction, prior to final payment. 1.4 ENGINEER'S REPRESENTATIVES AND TESTING A. The Engineer may provide a Resident Project Representative (RPR) to ascertain that the work is accomplished properly and in accordance with the plans and specifications. The RPR shall have full access to the work and shall be given full cooperation. The RPR shall have the authority, subject to the final decision of the Engineer, to reject any defective work or material. The RPR shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer. B. The presence of the Engineer or any RPRs, however, shall not relieve the Contractor of the responsibility for the proper execution of the work in accordance with all requirements of the Contract Documents. Compliance is a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of the Engineer or any RPRs. 1.5 SITE INVESTIGATION AND CONTROL A. The Contractor shall verify all dimensions in the field and shall check field conditions continuously during construction. The Contractor shall be solely responsible for any inaccuracies built into the work due to his failure to comply with this requirement. B. The Contractor shall inspect related and appurtenant work and shall report in writing to the Engineer any conditions, which will prevent proper completion of the work. Failure to report any such conditions shall constitute acceptance of all site conditions, and any required removal, repair or replacement caused by unsuitable conditions shall be performed by the Contractor at his sole cost and expense. 1.6 RIGHT OF REJECTION A. The Engineer, acting for the Owner, shall have the right, at all time and places, to reject any articles or materials to be furnished hereunder which in any respect, fail to meet the requirements of these specifications, regardless of whether the defects in such articles or materials are detected at the point of manufacture or after completion of the work at the site. If the Engineer or RPR, through an oversight or otherwise, has accepted materials or work which is defective or which is contrary to the Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 76 of 118] City of Orono - C13.108282 QUALITY CONTROL June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01450-3 specifications, such material, no matter in what stage or condition of manufacture, deliver, or erection, may be rejected by the Engineer for the Owner. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 77 of 118] City of Orono - C13.108282 MOBILIZATION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01500-1 SECTION 01500 – MOBILIZATION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the mobilization of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to construct the project, including but not limited to, the demobilization associated with closing the project, removing all equipment, removing excess materials, and general clean-up. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Mobilization shall be measured by the LUMP SUM and paid in accordance with the following schedule. 1. On the first partial estimate that shows work performed on at least one major contract item, 25 percent of the amount bid for Mobilization will be paid, but not more that 3 percent of the original Contract amount. 2. On subsequent partial estimates, payment shall be made at the same percentage as the value of work completed to date relative to the original Contract amount, except that payment shall not be reduced from the original 25 percent. Materials on hand shall be excluded from the payment ratio computation. 3. At such time that 95 percent of the original Contract amount is earned, full payment for Mobilization shall be made. 1.3 SPECIFICATION REFERENCES A. Mn/DOT Specification Section 2021 shall apply to mobilizatio n. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 78 of 118] City of Orono - C13.108282 MAINTENANCE AND CONTROL OF TRAFFIC June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01555-1 SECTION 01555 - MAINTENANCE AND CONTROL OF TRAFFIC PART 1 -- GENERAL 1.1 SUMMARY A. Traffic Control 1. All traffic control methods shall conform to the provisions of the latest edition of the Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), including its supplements and Part VI, "Field Manual for Temporary Traffic Control Zone Layouts", the "Guide to Establishing Speed Limits in Highway Work Zones", the Minnesota Flagging Handbook, the provisions of Mn/DOT 1404 and 1710, the Minnesota Standard Signs Manuals Parts I and II, the Traffic Engineering Manual Chapter 8 Appendixes 8-8.02 and 8-8.03, the Traffic Control Layouts/Typical Traffic Control Layouts in the Plans. 2. The Contractor shall furnish, install, maintain and remove all traffic control devices including, but not limited to, construction signs, barricades and barricade weights, traffic marking tape, and warning lights which are needed for the guidance, warning and control of traffic adjacent to and through this project. 3. The Contractor shall provide sufficient surveillance of the traffic control devices to insure compliance during the entire construction period. The Contractor shall furnish names, addresses, and phone numbers of at least two (2) local individuals capable of immediate response who will be responsible for the site security and traffic control devices to: The Engineer The Owner Local Law Enforcement Agencies 4. The Contractor shall respond with sufficient personnel, equipment and/or materials and conduct the required work or be subject to a $ 100 per hour deduction from the time of notification for non-attention to project security and safety. 5. The Contractor shall schedule the work to cooperate fully with residential and business property owners abutting the project to minimize the time of restricted access to their property during the construction period. Driveway access to any property adjacent to the construction zone shall be restricted no more than seven days to allow for curing of the concrete curb and driveway pavement. 6. The cost of maintaining vehicular and pedestrian traffic on temporary aggregate surfaced drives, walkways, including the eventual removal of the aggregate material, shall be considered incidental to traffic control. 7. If it is necessary to enter upon a right-of-way controlled by the County or Minnesota Department of Transportation, the Contractor shall notify the appropriate agency before commencing construction within the right-of-way. 8. In the event that any of the above right-of-way require traffic to be detoured around the construction zone, the Contractor shall prepare the detour route with the appropriate Agency representatives. The Contractor shall provide and maintain all signing and other traffic control required. The affected Agency shall be notified by the Contractor before re-routing traffic. Dust control and road maintenance of the by-pass route shall be the Contractor's responsibility. 9. The Contractor shall be responsible for securing a site for storage of construction equipment and materials. B. General Construction and Traffic Requirements Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 79 of 118] City of Orono - C13.108282 MAINTENANCE AND CONTROL OF TRAFFIC June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01555-2 1. The parking of Contractor's Vehicles that obstruct any traffic control devices will not be permitted. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Traffic Control shall be considered incidental to the project and no compensation will be granted. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The Contractor shall notify the Engineer in writing at least 72 hours prior to the start of any construction operation that will necessitate lane closure or internal traffic control signing. B. The traffic control devices required along the project corridor shall be delivered and installed prior to the start-up of the work. C. The Contractor shall maintain traffic through the intersections whenever possible. D. The Contractor shall monitor and maintain all traffic control devices. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 80 of 118] City of Orono - C13.108282 AIR, LAND AND WATER POLLUTION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01562-1 SECTION 01562 - AIR, LAND AND WATER POLLUTION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary for the prevention of air, land and water pollution as indicated on the plans or as specified herein or as directed by the Engineer. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Payment for the prevention of air and land pollution shall be incidental to the project and no separate compensation will be granted B. SPECIFICATION REFERENCES 1. Mn/DOT Specification Section1717 shall apply to the prevention of air, land and water pollution. 2. Mn/DOT Specification Section 2573 shall apply to storm water management. 3. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 GENERAL A. The Contractor shall provide and maintain all sanitary accommodations for use by employees. B. All solid waste material shall be disposed by the Contractor in accordance with the local and State solid waste disposal regulations. 3.2 DUST CONTROL A. The Contractor shall perform dust control operations whenever necessary to prevent the production of dust in amounts damaging to property, vegetation, animals, or persons in the vicinity of the construction. The Contractor shall be responsible for any damage resulting from dust originating from the construction. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility under these Contract provisions. B. Requests for water to be placed for dust control shall be accomplished within 4 hours of notification and shall also include evenings and weekends as required or deemed necessary by the Owner or the Engineer. Failure to perform the work requested within the 4 hours may result in a contract deduction of $100 for each 4 hour period that the work is incomplete, as observed by the Engineer. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 81 of 118] City of Orono - C13.108282 AIR, LAND AND WATER POLLUTION June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01562-2 3.3 USE OF CHEMICALS A. Reference Storm Water Pollution Prevention Plan (SWPPP). ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 82 of 118] City of Orono - C13.108282 PROJECT CLOSEOUT June 3, 2014 V040110 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 01770-1 SECTION 01770 - PROJECT CLOSEOUT PART 1 -- GENERAL 1.1 FINAL INSPECTION A. After the cleaning up of the work, premises, and all other areas and structures connected with the performance of the contract, the work as a whole, shall be examined by the Engineer and Owner; and, any workmanship or materials found not meeting the requirements of the specifications shall be identified and included on a punch list given to the Contractor. B. The Contractor shall, at its own expense, promptly remove, replace, repair, or otherwise correct the deficiencies with good and satisfactory workmanship and material to the satisfaction of the Owner and Engineer. C. In the event that the Contractor does not satisfactorily remove, replace, repair, or otherwise correct the deficiencies within thirty (30) calendar days after receipt of the punch list, the Owner reserves the right to employ the services of other contractors and/or service organizations to conduct the necessary work and deduct any and all associated costs from final payment to the Contractor. The entry of such other agents on the project to perform this work will not relieve the Contractor from any of its warranty, maintenance or start-up obligations. 1.2 PROJECT ACCEPTANCE A. The project shall be accepted after the final examination has been conducted and all settlement, defects, damages, etc., discovered during the previous examination have been remedied. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) **** END OF SECTION **** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 83 of 118] Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 84 of 118] City of Orono - C13.108282 June 3, 2014 © Bolton & Menk, Inc. 2014, All Rights Reserved Division 2 -1 TECHNICAL SPECIFICATIONS 2014 SANITARY SEWER REHABILITATION CITY OF ORONO ORONO, MN 02532 - CURED-IN-PLACE-PIPE (CIPP) 02536 - PIPE SEWERS – SANITARY – POINT REPAIR 02537 - MANHOLE & CATCH BASIN REHABILITATION 02741 - BITUMINOUS PATCH 02920 - TURF RESTORATION 02953 - TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 85 of 118] City of Orono - C13.108282 CURED IN-PLACE PIPE (CIPP) June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02532-1 SECTION 02532 - CURED-IN-PLACE-PIPE (CIPP) PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the installation of a resin-impregnated flexible liner which is inserted into the original conduit by use of a hydrostatic head. Methods that are pulled in and inflated rather than inverted will be considered, providing they meet the other provisions of this specification. The resin is cured by circulating hot water within the liner. When cured, the finished pipe (CIPP) will be continuous and tight fitting. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Payment for Cured in Place Pipe shall be at the unit price bid per LINEAL FOOT (LF) of liner for each diameter identified in the Bidding Schedule. B. Payment for Reinstate Sanitary Sewer Service shall be at the unit price bid per EACH (EA) service reinstated after the liner has been installed. C. Payment for Trimming Protruding Taps shall be at the unit price bid per EACH (EA) for the appropriate tap material, and shall be considered compensation in full for all labor, equipment and materials required to determine which taps are to be trimmed and subsequent trimming, regardless of tap diameter. “Iron” shall be defined as pipe materials of a metallic nature, including, but not limited to cast iron, ductile iron, galvanized steel, CMP, etc. “Non-iron” shall include all other materials not defined as “iron” including, but not limited to PVC, HDPE, VCP, etc. D. The furnishing and installing of specific items and /or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the CIPP, as indicated. Such items of work include, but are not limited to: 1. Securing and withdrawing from a water source. 2. Furnishing, installing and maintaining traffic control devices where necessary. 3. Pre-installation and post-installation cleaning and televising. 4. Removal and disposal of internal debris from the sewer prior to installation. 5. Dye water testing of all service lines encountered. 6. If a separate bid item for bypass pumping is NOT included in the Schedule of Unit Prices, providing temporary bypass pumping around the construction zone. 7. Providing all required notifications of restricted sewer service periods to the Owner and residents affected by the work. 8. Excavation and restoration required to reinstate sewer services if the Contractor is unable to reinstate services via trenchless methods. 1.3 SPECIFICATION REFERENCES A. This specification references ASTM F1216 and ASTM D790, which are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and the ASTM referenced sections, this specification will govern. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 86 of 118] City of Orono - C13.108282 CURED IN-PLACE PIPE (CIPP) June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02532-2 B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.4 SUBMITTALS A. Information Requested from the Low Bidder 1. The structural design calculations and parameters used to design the liner section. 2. The diameter, wall thickness and type of material to be used. Pipe strength determination shall include calculations based on new material properties and long term properties. 3. The manufacturer's certificates of compliance with provisions of the referenced standards and these specifications. 4. A copy of the license or certificate verifying the manufacturer's or licensor's approval of the INSTALLER. 5. Evidence of the INSTALLER's experience including a list of similar projects completed within the previous 2 years. B. Televising Log 1. All televising and construction logs, or copies thereof, shall become the property of the Owner. This includes the videos made at the beginning of the project just prior to the installation of the liner. 2. Televising logs shall be in provided in DVD format. 3. Two copies of all DVD’s shall be submitted. C. Description of cure method(s) proposed by the Contractor. D. Bypass plan for transferring raw sewage from upstream of the area to be lined to downstream. PART 2 -- PRODUCTS 2.1 PREQUALIFICATION A. Only bids for pre-qualified products will be accepted. Bids submitted for products or from Contractors that have not been pre-qualified may be rejected, pending review by the Owner. The Contractor and the proposed method of reconstruction and the product manufacturer’s name shall be clearly identified on the bid. B. Pre-qualified Products and Installers 1. Insituform Technologies, Inc. 1177 Birch Lake Blvd N, White Bear Lake, MN 55110, Telephone: 651-762-1238 2. Spiniello Companies 1650 Greenpond Road, Newfoundland, NJ 07435, Telephone: 973-697-2050 3. Inliner Technologies, LLC. 1468 West Hospital Road, Paoli, IN 47454, Telephone: 812-723-0704 4. Visu-Sewer 3155 104th NE Lane, Blaine, MN 55449, Telephone: 763-252-0004 5. Veit Companies 14000 Veit Place Rogers MN 55374, Telephone 763-428-6758 Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 87 of 118] City of Orono - C13.108282 CURED IN-PLACE PIPE (CIPP) June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02532-3 6. SAK Construction 864 Hoff Road O’Fallon MO 63366, Telephone: 636 -385-1000 C. Qualification Process 1. Installers wishing to qualify for this project must submit a copy of the license or certificate verifying the manufacturer's or licensor's approval, and evidence of the INSTALLER's experience including the number, total length, and locations of inversions installed to date using the proposed materials and methods together with the names and phone numbers of facility owners to the Engineer 5 days prior to the opening of bids to allow time for evaluation. 2. The final decision to accept or reject the applicant lies solely with the Engineer and Owner. 2.2 MATERIALS A. Liner - The liner material shall meet the requirements of ASTM F1216, Section 5.1. 1. The liner shall have sufficient plasticity to allow for circumferential stretching during the installation process. 2. The liner shall be manufactured to sufficient length to extend into each manhole, unless otherwise specified on the plans or in this specification. 3. The liners shall have a uniform thickness that when compressed at installation pressures will equal the specified nominal liner thickness. 4. The liner shall be fabricated to a size that when installed will tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during inversion. 5. The outside layer of the liner (before wet out) shall be plastic coated with a translucent flexible material that clearly allows observation of the resin impregnation (wet out) procedure. The plastic coating shall not delaminate after curing of the CIPP. 6. The liner shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No material shall be included in the liner that may cause delamination in the cured CIPP. 7. The wall color of the interior pipe surface of the CIPP after installation shall be a light reflective color so that a clear detail examination with closed circuit television inspection equipment may be made. B. Resin - The resin system shall meet the requirements of ASTM F1216. 2.3 STRUCTURAL REQUIREMENTS A. Design liner as a stand-alone pipe (fully deteriorated host pipe). B. Soil cover: See tabulation in Appendix. C. Soil unit weight: 125 lbs/CF D. Ground water depth: Assume groundwater level to be 2 feet below the ground surface. E. Factor of safety: 2 F. The CIPP shall be designed as per ASTM F1216, Appendix X1. The CIPP design shall assume no bonding to the original pipe wall but a tight, intimate contact is required. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 88 of 118] City of Orono - C13.108282 CURED IN-PLACE PIPE (CIPP) June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02532-4 G. The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. H. If separation of the layers occurs during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work. I. The CIPP shall conform to the following properties: Standard Enhanced Polyester System Vinyl Ester System Flexural Stress ASTM - D790 4,000 psi 4,500 psi Modulus of Elasticity - Initial ASTM - D790 400,000 psi 250,000 psi Modulus of Elasticity - 50 years ASTM - D790 200,000 psi 125,000 psi Minimum Thickness ASTM - F1216 3 mm. (0.118 in.) 3 mm. (0.118 in.) K. The required structural CIPP wall thickness shall be based as a minimum, on the physical properties listed above and in accordance with the Design Equations in the appendix of ASTM F1216. 2.4 TESTING REQUIREMENT A. Chemical Resistance - The Contractor shall certify that CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of liner and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. B. Hydraulic Capacity - The Contractor shall certify that the CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. The roughness coefficient of the CIPP shall be verified by third party test data. C. CIPP Field Samples - When requested by the Engineer, the Contractor shall submit test results from previous field installations in the USA of the same resin system and liner materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified in Section 2.3.D. have been achieved in previous field applications. Testing samples for this project shall be made and tested as described in Section 3.4.A. PART 3 -- EXECUTION 3.1 GENERAL A. The Contractor shall secure his own source of water. The Contractor may contact the Engineer to determine whether water is available from the Engineer and the associated cost. B. It shall be the responsibility of the owner to locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. If a street must be closed to traffic because of the orientation of the sewer, the Contractor shall furnish and install all necessary traffic control devices until the street is opened to traffic. C. Cleaning of Sewer Lines - The Contractor shall remove all internal debris out of the sewer line that will interfere with the installation of CIPP. The Contractor shall note that the televising reports Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 89 of 118] City of Orono - C13.108282 CURED IN-PLACE PIPE (CIPP) June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02532-5 indicate heavy mineral deposits in many of the sewer segments. In some segments the mineral deposits or other debris prevented camera access to the entire sewer segment. The Contractor shall secure their own disposal site for all debris removed from the sewers. D. Bypassing Sewage - The Contractor shall provide for the flow of sewage around the section or sections of pipe designated for lining. The bypass shall be made by plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the flow. E. Inspection of Pipelines - Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by closed circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions that may prevent proper installation of CIPP into the pipelines, and it shall be noted so that these conditions can be corrected. F. Line Obstructions - It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the proper insertion of CIPP. If pre-installation inspection reveals an obstruction such as a protruding service connection, offset joint, or a collapse that will prevent the inversion process, and it cannot be removed by conventional sewer cleaning equipment, the Contractor shall immediately notify the Owner. The Owner may choose to delete this sewer segment from the project or to have the Contractor make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be considered as a separate pay item. G. Access Limitations: 1. Sewer liners which are not located within streets shall be lined from manholes in the street whenever possible. When access to manholes within segments on private property is required, the Contractor shall provide portable equipment which can be transported by an all-terrain vehicle or similar vehicle. Use of easements must be approved by the Engineer. H. The Contractor shall notify the Engineer prior to initiating cleaning and flushing, and shall coordinate his operations with the Engineer. 3.2 NOTIFICATION A. Notice required. At least six days before the start of lining, the Contractor shall provide notice, including the approximate schedule of lining, as described below. 1. Written notice must be given to the adult residents of buildings, and to the owner or administrator of any property directly served by the sewer to be lined. 2. The notice must be mailed or hand delivered to the owner or administrator of a child care building, school building, commercial business, and/or industry. 3. The notice may be put on or under the door of each residence, one notice for each single-family building and one notice for each unit of a multi-unit building. B. Contents of notice to residents, administrator and Owner. The notice shall specify the days and the hours during which sewer service will be restricted. C. Reminder Notice: A written or verbal reminder notice shall be delivered by 3:00 pm the day before the actual work. 3.3 CONSTRUCTION REQUIREMENTS A. CIPP installation shall be in accordance with ASTM F1216, Section 7, with the following additional requirements: Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 90 of 118] City of Orono - C13.108282 CURED IN-PLACE PIPE (CIPP) June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02532-6 1. Resin Impregnation - The quantity of resin used for liner impregnation shall be sufficient to fill the volume of air voids in the liner with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used. A roller system shall be used to uniformly distribute the resin throughout the liner. 2. Liner insertion shall be performed in accordance with manufacturer's recommendations and in such a way to fully extend the liner to its termination point, hold the liner tight against the pipe wall, and produce dimples at service connections and flared ends at maintenance holes. Lubricants may be used as necessary. Care shall be taken so as not to overstress the felt fiber. 3. Unless otherwise indicated in the plans, the Contractor shall be responsible for determining the proper cure method for each section installed. (a) Circulated Heated Water Cure (1) After inversion is completed, suitable heat source and water recirculation equipment are required to circulate heated water throughout the pipe. (2) The equipment should be capable of delivering hot water throughout the section to uniformly raise the water temperature above the temperature required to effect a cure of the resin. (3) The heat source should be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge should be placed between the impregnated tube and the pipe invert at the termination to determine the temperatures during cure. (4) The temperature and pressure maintained in the pipe and the duration of the cure period shall be as recommended by the manufacturer. (5) The curing of the CIPP must take into account the existing pipe material, the resin system, and ground conditions (temperature, moisture level, and thermal conductivity of soil). (6) Cooling: 1. The new pipe should be cooled to a temperature below 100 degrees Fahrenheit before relieving the static head in the inversion stand pipe. 2. Cool-down may be accomplished by the introduction of cool water into the inversion stand pipe water to replace hot water being drained from a small hole made in the down-stream end. 3. Care shall be taken in the release of head so that a vacuum will not be developed that could damage the newly installed pipe. (b) Steam Cure (1) After inversion is completed, suitable steam-generating equipment is required to distribute steam throughout the pipe. (2) The equipment should be capable of delivering steam throughout the section to uniformly raise the temperature within the pipe above the temperature required to effect a cure of the resin. (3) The temperature and pressure maintained in the pipe and the duration of the cure period shall be as recommended by the manufacturer. (4) The curing of the CIPP must take into account the existing pipe material, the resin system, and ground conditions (temperature, moisture level, and thermal conductivity of soil). (5) Cooling: Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 91 of 118] City of Orono - C13.108282 CURED IN-PLACE PIPE (CIPP) June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02532-7 1. The new pipe should be cooled to a temperature below 113 degrees Fahrenheit before relieving the internal pressure within the section. 2. Cool-down may be accomplished by the introduction of cool water into the section to replace the mixture of air and steam being drained from a small hole made in the downstream end. 3. Care shall be taken in the release of head so that a vacuum will not be developed that could damage the newly installed pipe. B. The liner pipe shall be continuous, without joints over the entire length of the pipe. The liner shall be free of all visual and material defects, including but not limited to foreign inclusions, dry spots, pinholes, and delaminations. The surface shall be smooth and free of waviness throughout the pipe. C. Any defects that will affect the structural integrity of hydraulic capacity of the reconstructed pipe shall be repaired or the liner shall be replaced at the Contractor's expense. D. A tight seal shall be achieved at the ends of the liner. The seal must be achieved by applying a coating of a resin mixture at the manholes which is compatible with the liner material and the in place materials. 3.4 REINSTATEMENT OF SEWER SERVICE LATERALS A. The Contractor shall certify he has a minimum of 2 complete working cutter units plus spare key components on the site before each inversion. B. Prior to installing the sewer liner (during the television process), the Contractor shall locate, dye-test and record the location of all sewer lateral connections. The Contractor shall immediately submit this information to the Owner. The Owner will then determine which, if any, sewer services are to be abandoned. Those services designated to be abandoned will not be reinstated. C. After the sewer lining is complete, the Contractor shall re-establish all service connections except those designated by the Owner to be abandoned. This shall be done without excavation from the interior of the pipe by means of a television camera and a remotely controlled cutting device. 1. If the Contractor is unable to re-establish the service connection from inside the pipe and excavation is necessary, no additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. 3.5 INSPECTION A. CIPP samples shall be prepared and tested in accordance with ASTM F1216, Section 8.1 using either method proposed. B. Leakage testing of the CIPP shall be accomplished during cure while under a positive head. CIPP products in which the pipe wall is cured while not in direct contact with the pressurizing fluid (e.g., a removable bladder) must be tested by an alternative method approved by the Owner. C. Visual observation of the CIPP shall be in accordance with ASTM F1216, Section 8.4. 3.6 TELEVISING A. Televising is required both prior to liner installation and after the CIPP process has been completed. B. Televising shall be performed by experienced personnel trained in locating breaks, obstacles and service connections. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 92 of 118] City of Orono - C13.108282 CURED IN-PLACE PIPE (CIPP) June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02532-8 C. All televising video shall be in color. Each individual reach of pipe between manholes shall be identified as a chapter on the video. D. Immediately prior to televising, the televisor shall discharge sufficient clear water into the pipe to clean the pipe and assist in identifying sags and mis-alignment. E. Post-lining televising shall carefully inspect the interior of the pipeline to identify any conditions which may indicate improper installation. F. A DVD and suitable log shall be kept of all televising and submitted to the Owner. 3.7 CLEAN-UP A. Upon acceptance of the installation work and testing, the Contractor shall clean-up the project area affected by the operations. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 93 of 118] City of Orono - C13.108282 PIPE SEWERS – SANITARY- POINT REPAIRS June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02536-1 SECTION 02536 - PIPE SEWERS - SANITARY - POINT REPAIR PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to gravity sewers as indicated on the drawings or as specified herein. B. The point repairs to be constructed are randomly located at various points in the service area. The vicinity map in Appendix A shows their general location. Also included in Appendix A, is the location of the points as recorded in the video survey report. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Point Repair (a) The unit price bid for each point repair, with or without service connection, shall be full compensation for all work described with the exception of pavement removal, bituminous patching and turf establishment. For bidding purposes, the length of sewer to be removed for each point repair shall be considered to be ten feet in length. Note that some of the point repairs may involve multiple service connections. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated point repair items. Such items of work include but are not limited to: 1. Connection to an existing sanitary sewer pipe or sanitary sewer service or a manhole, include in the price bid for point repair. 2. Transition couplings to the existing pipe. 3. Bulkheading of existing pipes to be abandoned in place, include in the price bid for point repair. 4. Maintenance of service, and the by-passing of sewage around the construction zone, include in the price bid for point repair. 5. Testing, include in the price bid for point repair. 1.3 SPECIFICATION REFERENCES A. CEAM Specification No. 2621 shall apply to gravity sewers, except as modified herein. B. The number in parentheses preceding each section indicates the CEAM Specification sub section being referenced. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 94 of 118] City of Orono - C13.108282 PIPE SEWERS – SANITARY- POINT REPAIRS June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02536-2 PART 2 -- PRODUCTS 2.1 SEWER PIPE AND FITTINGS A. Solid Wall Polyvinyl Chloride (PVC) Pipe 1. 4" through 15" Diameters: Smooth-walled polyvinyl chloride pipe and fittings shall conform with the requirements of ASTM D-3034 for the Standard Dimension Ratio (SDR) of 35. 2. Over 15" Diameters: Smooth-walled polyvinyl chloride pipe and fittings shall conform with the requirements of ASTM F679 with a minimum wall thickness of T-1 wall for a minimum pipe stiffness of 46. 3. The connection shall be push-on with elastomeric gasketed joints, which are bonded to the inner walls of the gasket recess of the bell socket. 4. The pipe grade used shall be resistant to aggressive soil and corrosive substances in accordance with the requirements of ASTM D-543. PART 3 -- EXECUTION 3.1 (A) CONSTRUCTION REQUIREMENTS A. (A2) Establishing Line and Grade 1. Grade and lines shall match the existing pipe at each end of the section to be replaced. B. (A7) Maintenance of Service 1. Sewage flow may be interrupted for short periods of time. Do not interrupt the flow without informing the City. If flooding occurs and property is damaged as a result of the contractor's negligence in flow management, restitution to the affected property owners shall be the responsibility of the Contractor. 2. If the sewage has to be pumped around the work zone, the Contractor shall furnish all equipment required. 3.2 (B) EXCAVATION AND PREPARATION OF TRENCH A. (B3) Excavation Limits and Requirements 1. The trench for all PVC pipe shall be undercut six-inches below the bell to permit the installation of crushed rock foundation material. The cost for the undercut shall be incidental to the amount bid for the pipe in place. 2. The trench width at a point of foot above the pipe shall be no wider than the outside diameter of the bell plus 24-inches. 3. When the problem area has been located and exposed, remove the failed portion of the sewer. Protect adjacent undisturbed sewers to prevent debris from interfering with the free flow of sewage through the adjoining sewer system. If excessive quantities of debris enter the sewers, it shall be the responsibility of the Contractor to clean the sewer at his expense. 3.3 (C) INSTALLATION OF PIPE AND FITTINGS A. (C2) Pipe Laying Operation 1. Install the new segment of PVC pipe into position in direct alignment and to the grade of the existing sewer. Make a proper connection to the existing sewer with an appropriate Fernco Coupler (or approved equal). Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 95 of 118] City of Orono - C13.108282 PIPE SEWERS – SANITARY- POINT REPAIRS June 3, 2014 V111210 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02536-3 2. If the point repair is to reconstruct a sewer service connection which has failed, the work shall be done as described above. In addition, expose a sufficient length of the service line to permit an examination of the remaining service line. Notify the City's Representative so an observation of the condition of the service sewer can be conducted. When the examination has been completed, furnish and install the necessary length of main sewer pipe complete with compatible wye, tee or saddle. Furnish and install the necessary service pipe, bends and compatible Fernco coupler (or approved equal) to complete the connection of the sewer service line and maintain the proper alignment and grade. Furnish and install encasement material as previously described. The sewer service pipe may be four or six inches in diameter. Have a sufficient inventory of materials on site ready for use. 3.4 (J) RESTORATION OF SURFACE IMPROVEMENTS A. (J1) Turf Restoration 1. Upon the completion of the backfill operation, where the land use is for agricultural purposes, the Contractor shall till the ground over the area disturbed by the construction of the sewer with a chisel plow. B. (J2) Pavement Restoration – See Section 02741 – Bituminous Patch ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 96 of 118] City of Orono - C13.108282 MANHOLE & CATCH BASIN REHABILITATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02537-1 SECTION 02537 - MANHOLE & CATCH BASIN REHABILITATION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary to rehabilitate manholes as specified herein. B. The manholes to be rehabilitated are shown on the location map in the Appendix. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Sealing of manhole joints, including the joint at the manhole base, will be measured and paid for at the unit price bid per EACH (EA) joint. 2. Lining manholes with a structural concrete liner shall be measured and paid for at the unit price bid per LINEAL FOOT (LF) of manhole depth lined, from invert of the lowest pipe to the rim elevation. 3. Reconstruction and repair of manhole bottoms and inverts will be measured and paid for at the bid unit price per EACH (EA) 1.3 SPECIFICATION REFERENCE A. CEAM Specifications No. 2015.5.a, 2015.5.b, 2015.5.c, 2015.5.d, 2621.3A5, and 2621.3B2 shall apply to manhole and catch basin rehabilitation, except as modified herein. B. Mn/DOT Specifications No. 2211, 2331, 2341, 2451.3D, and 2531 shall apply to manhole and catch basin rehabilitation, except as modified herein. C. ASTM C-94 shall apply to manhole and catch basin rehabilitation, except as modified herein. D. Mn/DOT Standard Plates E. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCT 2.1 MANHOLE MATERIALS A. Patching Mix: 1. A quick setting cementitious material shall be used as a patching mix and is to be mixed and applied according to manufacturer's recommendations and shall have the following minimum requirements: (a) Compressive Strength: 1400 psi @ 6 hours (b) Shrinkage: 0% at 90% R.H. (c) Bond: 28 days, 150 psi Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 97 of 118] City of Orono - C13.108282 MANHOLE & CATCH BASIN REHABILITATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02537-2 (d) Cement Sulfate Resistant (e) Density, when applied: 105-110 pcf B. Infiltration Control Mix and Grouts: 1. Rapid setting cementitious product specifically formulated for leak control shall be used to stop minor infiltration and shall be mixed and applied according to manufacturer's recommendations and shall have the following minimum requirements: (a) Compressive Strength: 600 psi @ 1 hr., 1000 psi @ 24 hrs. (b) Bond: 30 psi @ 1hr., 80 psi @ 24 hrs. 2. A cementitious grout shall be used for stopping very active infiltration and filling voids and shall be mixed and applied according to manufacturer's recommendations. The cementitious grout shall be volume stable, and have a minimum 28 day compressive strength of 250 psi and a 1 day strength of 50 psi. 3. Chemical grouts may be used for stopping very active infiltration and shall be mixed and applied per manufacturer's recommendations. C. Liner Mix: 1. The cementitious surface shall be used to form the structural/structurally enhanced monolithic liner covering all interior manhole surfaces and shall have the following minimum requirements at 28 days: (a) Compressive Strength: 4000 psi (b) Set Time: 60 seconds (c) Tensile Strength: 400 psi (d) Flexural Strength: 600 psi (e) Shrinkage: 0% psi at 90% Relative Humidity (f) Bond: at 1 hour > 400 psi (g) Density, when applied: 105-110 pcf D. Water: 1. The water to be used shall be clean and potable. Questionable water shall be tested by a testing laboratory in accordance with ASTM C-94. Potable water need not be tested. E. Adjusting Rings 1. Only concrete adjusting rings shall be used. F. Manhole Casting Assemblies 1. The existing casting assembles shall be reused. G. Chimney Seal 1. Chimney seals shall be exterior as manufactured by Infi-Shield, Cretex or approved equal. H. Other Materials: 1. No other material shall be used with the mixes described in CEAM Specifications No. 2015.5.a, 2015.5.b, 2015.5.c and 2015.5.d without prior approval or recommendation from the manufacturer. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 98 of 118] City of Orono - C13.108282 MANHOLE & CATCH BASIN REHABILITATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02537-3 PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. General 1. The Contractor, approved and trained by the manufacturer shall furnish all labor, equipment and materials for supplying a cementitious mix with machinery specially designed for the application. All aspects of the installation shall be in accordance with the manufacturer's recommendations and with the following specifications which include: (a) The elimination of active infiltration prior to making the application. (b) The removal of any loose and unsound material and cleaning of the interior of the manhole with high pressure water (minimum 3500 psi). Wire brushing and/or sand blasting may be required. (c) Patching of manhole walls or sewer structures if needed, shall be required in areas where large voids exist, such as mortar missing between bricks, around step frames, pipes and spalled concrete. All loose or cracked and corroded material shall be removed from the area to be patched, exposing a sound substrate. Patching material shall be allowed to cure before applying waterproof coating. (d) The repair and sealing of the invert and benches. (e) The application of a cementitious mix to restore a structural/structurally enhanced manhole. (f) Removal and replacement of the manhole casting. 2. The accepted methods for specified work shall include: (a) Formed and cast-in-place cementitious material. (b) Pressure placed cementitious material. 3. The finished interior product shall not be less than 3-inches thick. 4. The clear opening at the top of the cone shall not be less than 26-inches after the 3-inch covert liner that has been applied. 5. Remove all manhole steps. B. Temporary Service Measures 1. It will be necessary to maintain service during the construction period. Before proceeding with the project, the Contractor shall establish a work plan and submit the plan to the City Staff and Engineer for review and comment. The plan shall outline the method to be used to maintain service to the affected consumers. Failure to maintain sewer service could result in direct damage claims as well as consequential damage claims against the Contractor. The Contractor is the sole party responsible to notify the City and consumers who may be affected by the interruption of service. 2. If needed, the Contractor shall furnish, install and maintain equipment to bypass and control the sewage (sanitary and storm sewer) flow around the construction zone. Failure to operate and maintain the bypass equipment could result indirect damage claims as well as consequential damage claims to the Contractor. C. Removal of Surface Improvements 1. Specification Reference CEAM 2621.3A5. 2. Concrete surfaces shall be sawed prior to excavation of the trench, unless a construction joint is convenient to the trench limits. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 99 of 118] City of Orono - C13.108282 MANHOLE & CATCH BASIN REHABILITATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02537-4 3. Bituminous street surface shall be sawed or cut, as stated in the referenced specification, prior to the excavation of the trench. D. Clarification and Disposition of Materials 1. Specification Reference CEAM 2621.3B2. 2. All debris, removed structures, pipes, culverts, bituminous surfaces, excess excavated material (not designated to be salvaged), etc. shall be the property of the Contractor. The material shall be disposed in accordance with all state laws and local ordinances. E. Preparation work 1. If flow is maintained through the manhole during the construction period, place covers over the invert to prevent extraneous material from entering the sewer. If excessive quantities of debris enter the sewer, it shall be the responsibility of the Contractor to clean the sewer at its own expense. 2. All foreign material shall be removed from the manhole wall and bench using a high pressure water spray (minimum 1200 psi). Loose and protruding brick, mortar, and concrete shall be removed using a mason's hammer and chisel and/or scraper. Fill any large voids with quick setting patching mix. The surface to be repaired must be clean and free of any loose materials with walls totally saturated with water. F. Construction Work 1. Infiltration Repair and Grouting (a) Infiltration sealing shall be performed during high ground water conditions to ensure that all leakage is identified, if possible. Some leaks may require weep holes to localize the infiltration during the application after which the weep holes shall be plugged with the quick setting infiltration control mix prior to the final surface application (b) Minor leaks shall be stopped using quick setting specially formulated infiltration control mixes and shall be mixed and applied per manufacturer's recommendations. (c) If chemical grouting is to be used, holes shall be carefully drilled from within the structure and shall extend completely through the wall. The grout shall be pumped through the manhole wall until no more movement of grout is evident in either the drilled holes or the locations of leaks. The process shall be repeated until the structure is completely sealed. All manufacturer's recommendations shall be followed including pot life of the grout and insertion pressure. 2. Invert Repair (a) After all preparation has been completed, removed all loose material and wash the wall again. (b) Any bench, invert, or service line repairs shall be made at this time using the quick settin g patching mix and shall be used per manufacturer's recommendations. (c) Invert repair shall be performed on all inverts with visible damage or infiltration. After blocking flow through the manhole, and thoroughly cleaning invert, the quick setting patch mix (CEAM paragraph 2015.5.a) shall be applied to the invert in an expeditious manner. The mix shall be troweled uniformly onto the damaged invert extending out onto the base of the manhole sufficiently to tie into the walls. The finished invert surfaces shall be smooth and free of ridges. The flow may be re-established in the manhole within 30 minutes after placement of the mix. (d) The invert shall be channeled to a depth equal to the diameter of the downstream pipe in a manner to maintain velocity and direct the flow from the upstream pipes to the downstream. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 100 of 118] City of Orono - C13.108282 MANHOLE & CATCH BASIN REHABILITATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02537-5 3. Bench Repair (a) The bench shall be graded with a gradual slope of no less than 1/2-inch toward the invert. The wall bench intersection shall be rounded to a uniform radius the full circumference of the intersection. 4. Interior Surface Restoration - Pressure Placed Concrete (a) First Application - The surface prior to application shall be damp without noticeable free water droplets or running water, but totally saturated in accordance with manufacturers specifications. Materials may be spray or trowel applied from the bottom of the wall to the top, to a minimum uniform thickness to insure that all cracks, crevices, and voids are filled a relatively smooth surface remains after light troweling. The light troweling is preformed to compact the material into voids and to set the bond. (b) Second Application - A second application is applied after the First Application has begun to take an initial set (disappearance of surface sheen which could be 15 minutes to 1 hour depending upon ambient conditions) to assure a minimum total finished thickness of 1/2- inch. Again, application shall be from the bottom up. The surface is then troweled to a smooth finish being careful not to over trowel so as to bring additional water to the surface and weaken it. Manufacturer's recommendations shall be followed whenever more than 24 hours have elapsed between applications. (c) The clear opening at the top of the cone shall not be less than 26-inches in diameter after the application of the 3-inches of concrete liner has been applied. 5. Interior Surface Restoration - Cast-in Place. (a) The forms to be used shall be rounded to provide a curved interior surface, designed to fit the existing structure. The forms shall be installed to provide a minimum coating of 3- inches thick of concrete liner. Block-outs shall be included to provide a full opening for all existing piping. The concrete shall be placed in one continuous pour. Voids or honeycombing is not acceptable. When placing the concrete, care shall be taken to avoid segregation of materials in cement mixture. Sewage flow must be prevented from passing over the new concrete surface for a minimum of 24 hours. (b) The clear opening at the top of the cone shall not be less than 26-inches in diameter after the application of the 3-inches of concrete liner has been applied. 6. Outside Drop Manhole (a) All pipe materials used to construct the drop section and the incoming pipe shall be ductile iron. (b) Ductile iron pipe shall extend from the tee to 2 feet beyond the point where the depth of pipe foundation material becomes a uniform 6 inches. 7. Casting Replacement (a) The Contractor shall squarely cut, remove and dispose of the pavement adjacent to the existing casting. (b) The Contractor shall remove and salvage the existing casting. (c) The Contractor shall then install the salvaged casting, using whatever adjusting rings that are necessary and shall install an exterior chimney seal. G. Street Restoration 1. Street restoration shall include the construction of the base and surface courses in accordance with applicable sections of the Mn/DOT Specifications and in compliance with the following street sections: (a) Bituminous Patch - 7 Ton Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 101 of 118] City of Orono - C13.108282 MANHOLE & CATCH BASIN REHABILITATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02537-6 1.5" Mn/DOT 2341 Bituminous Wearing Course 3" Mn/DOT 2331 Bituminous Base Course 9" Mn/DOT 2211 Aggregate Base, Class 5 2. Cut the adjacent asphalt surface prior to the Construction of the bituminous surface course to obtain a clean, vertical, solid edge. 3. Compaction of the base shall be by the Method of Ordinary Compaction. 4. Concrete pavements shall be jointed in the same pattern as removed, unless otherwise directed by the Engineer. 5. It is recommended that the aggregate base courses be initially placed to meet the adjacent undisturbed street surface until such time as the wearing courses are constructed. The Contractor shall maintain temporary surfaces until such time and the permanent surface is constructed. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 102 of 118] City of Orono - C13.108282 BITUMINOUS PATCH June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02741-1 SECTION 02741 - BITUMINOUS PATCH PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of plant-mixed bituminous surfacing as indicated on the plans or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: B. Payment for bituminous patch shall be at the unit price bid per SQUARE YARD (SY) of bituminous patch. The amount bid shall include all material and work required to construct the bituminous patch as specified on the plans, including : 1. Removal and disposal of bituminous pavements. 2. Common excavation 3. Subgrade Preparation 4. Aggregate Base Course 5. Bituminous Base Course, if specified 6. Bituminous Tack Coat 7. Bituminous Wearing Course 8. Constructing clean vertical edges on adjacent asphalt surfaces. C. The furnishing and installing of specific items and/or the performance of work under certai n circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated bituminous patch. Such items of work include but are not limited to: 1. No exception to the referenced specifications is made. 1.3 SPECIFICATION REFERENCE A. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. B. Removing Existing Bituminous Pavements 1. Mn/DOT Specification Section 2104 shall apply to the removal and disposal of bituminous pavement, except as modified herein. C. Common Excavation 1. Mn/DOT Specification Section 2105 shall apply to the common excavation, except as modified herein. D. Subgrade Preparation 1. Mn/DOT Specification Section 2112 shall apply to the subgrade preparation, except as modified herein. E. Aggregate Base Course Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 103 of 118] City of Orono - C13.108282 BITUMINOUS PATCH June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02741-2 1. Mn/DOT Specification Section 2211 shall apply to the construction of aggregate base, except as modified herein. F. Bituminous Tack Coat 1. Mn/DOT Specification Section 2357 shall apply to the construction of bituminous tack coat, except as modified herein. G. Bituminous Paving Materials 1. Mn/DOT Specification Section 2360, Bituminous Quality Assurance, shall apply to the construction of plant-mixed bituminous surfacing, except as modified herein. (a) Mn/DOT Section 02360.6B4: The maximum payment factor for density is 100%. (b) Mn/DOT Section 02360.7C (Pavement Smoothness Specification – IRI (International Roughness Index)) is hereby DELETED. PART 2 -- PRODUCTS 2.1 MATERIALS A. Subgrade Preparation 1. No exception to the referenced specification is made. B. Aggregate Base Course 1. The material to be used shall conform to the Specifications for Aggregate Base, Class 5. C. Bituminous Tack Coat 1. The bituminous material for tack coat shall be CSS-1H. D. Bituminous Paving Materials 1. Bituminous material and aggregates shall conform to the typical sections shown in the plans. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Unless otherwise shown on the typical sections in the plans, the depth and class of aggregate base and bituminous surface to be constructed shall be: 1. Bituminous Patch - 7 Ton (a) 1.5" Type LV Bituminous Wearing Course (b) 3" Type LV Bituminous Base Course (c) 9" 2211 Aggregate Base, Class 5 B. The subgrade, aggregate and bituminous base courses of patches whose smallest dimension is less than the width of the compaction equipment shall be hand tamped. C. The subgrade shall be compacted using Quality Compaction Method. D. When the Contractor believes subgrade preparation is complete, he shall notify the Engineer for a final examination. If the Engineer requests it, the subgrade shall be test rolled with a fully loaded tandem truck to verify subgrade stability. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 104 of 118] City of Orono - C13.108282 BITUMINOUS PATCH June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02741-3 E. Aggregate base construction shall take place only after the street subgrade condition and grade has been examined by the Engineer. F. Cut the adjacent asphalt surface prior to the Construction of the bituminous surface course to obtain a clean, vertical, solid edge. G. Compaction of the aggregate base courses shall be by the Quality Compaction Method. H. The bituminous tack coat shall be applied at the rate of 0.08 gallons per square yard. I. The contact surfaces of all fixed structures, the edge of the in-place mixture in all courses at transverse joints, and the wearing course at longitudinal joints shall be given a uniform coating of Liquid Asphalt or Emulsified Asphalt before placing the adjoining mixture. The bituminous material shall be applied by methods that will ensure uniform coating and in no case shall the application be excessive. J. The bituminous surfacing shall be constructed with maximum deviation of plus or minus 1/4-inch from the planned compacted thickness. K. Compaction of all bituminous mixtures shall be by the Ordinary Compaction Method. A nuclear density meter and operator shall be provided by the Contractor, if requested by the Engineer. 3.2 FIELD QUALITY CONTROL A. The bituminous mix shall be designed using Contractor Trial Mix Designs. A current Mn/DOT mix design may be accepted provided it represents the aggregate source and bituminous plant being used for the project, and is approved by the Engineer. No bituminous mixture shall be placed without an approved mix design. B. Final line and grade of the wearing surface shall not exceed the following tolerances from the adjacent pavement surfaces: Distance Below Adjacent Bituminous Pavement City Streets 1/8" County Highways 1/8" State Highways 1/8" Sidewalks 1/8" Parking Areas 1/4" ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 105 of 118] City of Orono - C13.108282 TURF RESTORATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02920-1 SECTION 02920 - TURF RESTORATION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to turf restoration as indicated on the drawings or as specified herein. B. A goal of the project during construction is to get the cleanest water possible into the storm drainage systems as quickly as possible and protect critical and unique areas. Every effort shall be required by the Contractor to achieve these goals. C. A variety of different seeding mixtures may be utilized on this project. The Contractor shall refer to the plan for the locations of the different turf establishment areas. D. Temporary seeding may be necessary during construction in erosion sensitive areas. The Contractor shall do temporary seeding work as specified herein or as directed by the Engineer. E. Rapid Stabilization - This stabilization process is directed at areas of a critical or unique characteristic to prevent the separation of soil particles from the soil surface. This work may be required at any time during the contract on small areas that may or may not be accessible with normal equipment. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Payment for seeding shall include the costs for furnishing and placing the designated seed mixture, fertilizer and mulch at the rate specified and shall be measured by the ACRE. 2. Payment for sodding shall include the costs for furnishing and placing the designated sod and shall be measured by the SQUARE YARD (SY) of the sod in place. B. The furnishing and installing specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated seeding and sodding items. Such items of work include but are not limited to: 1. Application of starter fertilizer on all areas to be sodded shall be included in the price bid for sodding. 2. Subgrade preparation and topsoil placement as required on all areas shown on the plans. 3. Maintenance of newly sodded and seeded areas, as specified, include in the unit price for the associated items. 4. Stapling of sod on sloped areas, include in the unit price bid for sodding. 5. Complying with the Minnesota Pollution Control Agency (MPCA) - General Storm Water Permit for Construction Activity (MN R100001) – Reference Section 02370 – Storm Water Pollution Prevention Plan (SWPPP). 6. Maintaining clean exit areas or roads from the site. 7. Sweeping adjacent streets clean of excess soil. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 106 of 118] City of Orono - C13.108282 TURF RESTORATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02920-2 8. Cleaning storm sewers, drain tiles and culverts that have been partially or completely obstructed by sediment that originated from the site. 9. Emergency erosion control mobilization. 1.3 SPECIFICATION REFERENCES A. Mn/DOT Specification Sections 2575, 3876, and 3878, Controlling Erosion, Establishing Vegetation and Seed shall apply to the establishment of grass and sod as shown on the plans. B. Mn/DOT Specification Section 2575.3N – Rapid Stabilization shall apply to the securing areas so designated. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 MATERIALS A. Seeding Items 1. The seed mixtures to be used are shown on the plans. In general, all application rates for mixes, except oats, are 150% the rate in Mn/DOT 2575.3 Table 2575-2 and 3876.2 Table 3876-5. 2. Seeding with the various seed mixture designations shall utilize the following combinations of seed, fertilizer and mulch: (a) Type 1 mulch shall consist of clean straw with no pasture hay. (b) Temporary seeding, if required, shall use Seed Mixture – 110B Oats. (c) Fertilizer shall be 22-5-10. (Phosphorous use in fertilizer for first establishment and the first year is allowed unless limited or prohibited by local ordinances.) APPLICATION RATES FERTILIZER MULCH Seed Mix Rate Type Rate Type Rate Typical Use lb/AC lb/AC ton/AC 240SR (Sandy Roadside) 112.5 22-5-10 200 1 2 Sand, loamy sand, sandy loam, sandy clay loam. 250GR (General Roadside) 105 22-5-10 200 1 2 All. 260CT (Commercial Turf) 150 22-5-10 200 1 2 Good topsoils, loams. 270RT (Residential Turf) 180 22-5-10 200 1 2 Good topsoils, loams. 280AG (Agricultural Areas) 75 22-5-10 200 1 2 Clay, clay loam, loam, silty clay, silty clay loam. 310NWT (Native Wet Tall) 123 22-5-10 200 1 2 Clay, clay loam, loam, silty clay, silty clay loam, silty loam, silt. 325 (Prairie Sedge Meadow) 126 22-5-10 400 1 2 Native sedge/prairie meadow mix. Reaches a height of 36 to 48 inches. Developed for use on hydric soils and for wetland restoration. Sedges, meadow grasses, and meadow forbs are best installed by broadcast method, separate from main grass mix, in early spring or fall if possible. Many of these species require pre-germination treatments. 110B (Oats) 100 22-5-10 200 1 2 All, temporary seeding B. Seed Mixtures: Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 107 of 118] City of Orono - C13.108282 TURF RESTORATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02920-3 1. The application rates for Mn/DOT seed mixes shall be at 1.5 times that specified in the referenced specification. 2. The application rates for BWSR seed mixes shall be at 1.5 times that specified in the referenced specification. C. Sodding Items 1. The sod to be used shall be Type A - Lawn Sod. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. GENERAL 1. Prior to construction, the Owner, Engineer and Contractor shall observe the existing storm water outfall system and discharge area and shall document the existing conditions. Upon completion of surface restoration (i.e., paving and turf establishment), the storm water outfall system and discharge area shall be observed and all increased sediment deposits shall be removed and disposed of by the Contractor. All increases in sediment deposits shall be considered to have originated from the project site. 2. Prior to construction, the Owner, Engineer and Contractor shall review the project to identify critical areas that could require rapid stabilization during the construction process, and develop a plan to either mitigate disturbance to those areas or identify the methods of rapid stabilization most appropriate. 3. The subgrade shall be shaped to the approximate contour of the finished surface. All construction debris shall be removed from the area prior to the placement of the topsoil. The subgrade shall be loosened with a disc or harrow to a depth of six-inches prior to application of the topsoil. 4. The topsoil shall be shaped to the approximate contour of the finished surface, with a minimum depth of 4-inches, unless otherwise shown on the plan. All construction debris shall be removed from the area prior to seeding or sodding. The topsoil shall be loosened with a disc or harrow to its full depth prior to seeding or sodding. 5. The Contractor shall be responsible for providing water and maintenance for a period of 30 calendar days, or until final acceptance by the Engineer or Owner, to firmly establish the seed or sod. The term maintenance shall include mowing, weed control and watering, as necessary. 6. The Contractor shall remove all rocks and debris from the surface prior to seeding and mulching. B. SEEDING REQUIREMENTS 1. Turf establishment by seeding shall be done utilizing the various combinations of seed mixtures (including aquatic plants), fertilizing and mulching at disturbed areas as shown on the plans. 2. Areas prepared for seeding shall be free of rocks, debris and clumps of soil. The areas shall be graded uniformly and lawned areas shall be raked free of chunks exceeding ¾ inches diameter. 3. Seed, except for mix 25B, shall be applied with a drill seeder, unless otherwise approved in writing by the Engineer. 4. The Contractor shall furnish weight tickets documenting pounds of hydraulic soil stabilizer placed, pounds of fertilizer placed and pounds of seed placed. The seed tickets shall show individual plant species along with the percent purity and percent germination. The fertilizer tickets shall show mix proportions. The Contractor shall also furnish its QA/QC data to the Engineer. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 108 of 118] City of Orono - C13.108282 TURF RESTORATION June 3, 2014 V010708 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02920-4 5. Dormant seeding and snow seeding may be utilized in accordance with the referenced specification and technical memorandum, provided the final acceptance standards are met. 6. SEASON OF PLANTING Seed Mix Designation Seed Mix Name Spring Fall Dormant Seeding After Dormant Seeding Temp 1 240SR Sandy Roadside April 1 – June 1 July 20 – Sept. 20 Oct. 20 40 250GR General Roadside 260CT Commercial Turf 270RT Residential Turf 280AG Agricultural uses April 1 – Sept. 1 Oct. 20 40 310NWT Native Wet Tall April 15 – July 20 Sept. 20 – Oct. 20 Oct. 20 50 25B Prairie Sedge Meadow April 15 – July 20 Sept. 20 – Oct. 20 Oct. 20 50 110B Oats May 1 – Aug. 1 - - - C. SODDING REQUIREMENTS 1. Sod shall be placed by the Contractor in the disturbed boulevard areas and in locations shown on the plans as directed by the Engineer. 2. When placing sod in irregularly shaped locations, the Contractor shall produce sharp, straight joints between sod rolls. 3. Sod shall be placed to create a firm, smooth, uniform surface without ruts, knobs or wrinkles. 4. Sod placed on slopes greater than 1:4 (v:h), in ditch bottoms, and around storm sewer inlets or outlets shall be anchored with staples. Staples shall be U shaped 3 mm (0.12 inch) diameter or heavier steel wire having a span width of 25 mm (1 inch) and a length of 200 mm (8 inches) from top to bottom, after bending. 5. All re-work necessary to repair imperfections in sod placement shall be made at the Contractor’s expense. ****END OF SECTION**** 1 Maximum soil temperature at a depth of 1-inch. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 109 of 118] City of Orono - C13.108282 TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES June 3, 2014 V072109 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02953-1 SECTION 02953 - TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to 1. The identification of defective sewer pipe joints through testing and/or visual observation of active leaking. 2. Sewer pipe joint grouting work to seal sewer pipe joints which have high leakage rate or exhibit the characteristics specified, utilizing the internal joint sealing method (packer), and chemical grout to form a protective collar on the exterior of the pipe. 3. Sealing the soil surrounding the manholes designated in the plans. B. Sewer pipe joint testing is used to test the integrity (tightness or leakage) of individual pipe joints. Testing cannot be performed and will not be required on cracked or broken pipe, building sewers, or sections of pipe between joints (except when used as a control test to stimulate a good joint). C. The Owner reserves the right to award quantities of work consistent with the dollar amount budgeted. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. All quantities, unless specifically identified as PLAN QUANTITY (P), are approximate and for bidding purposes only. The final quantities shall reflect the actual count of effort expended, joints processed and materials used, with no adjustment in unit prices based on the difference from the estimated quantities. The Owner also reserves the right to adjust the scope of work to more appropriately reflect budgetary limitations. 1. Joint Sealing (a) Payment for accessing the joint, delivering the grout to the joint, and pressure placing the grout in the surrounding soil, shall be measured and paid per EACH as listed in the Schedule of Unit Prices, complete and in place. 2. Lateral Connections Sealing (a) Payment for accessing the lateral connection, delivering grout to the connection, pressure placing the grout in the surrounding soil and re-establishing flow from the connection, shall be measured and paid per EACH as listed in the Schedule of Unit Prices, complete and in place. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid in the absence of a specific bid item for the work. The costs shall be included in the unit price bid for the testing and grouting items, as indicated. Such items of work include but are not limited to: 1. The Contractor shall secure his own source of water. The Contractor may contact the Owner to determine whether water is available from the Owner and the associated cost. 2. Maintenance of service, and the by-passing of sewage around the construction zone, when necessary. 3. Post grouting testing. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 110 of 118] City of Orono - C13.108282 TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES June 3, 2014 V072109 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02953-2 4. Traffic control. 5. Confined space entry requirements. 6. Manhole wall surface preparation restoration to a smooth, cosmetic surface. 1.3 SPECIFICATION REFERENCES A. This specification references ASTM F2304-03, F2414-04, and F2454-05 that are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and the ASTM referenced sections, this specification will govern. B. This specification references the Avanti International Guide to Successful Chemical Grouting, which are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and the referenced sections, this specification will govern. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.4 WARRANTY A. Approximately one month before the end of the Correction Period, as defined in SC-13.07.E, the Contractor shall contact the Owner to schedule the end of warranty re-test inspection. B. The Owner shall select mainline segments containing approximately five percent (5%) of all successfully grouted pipe joints for a re-test. The Contractor shall re-test all successfully grouted joints within the selected segments, and shall re-grout and re-test any that do not pass the re-test. C. All work conducted with the end of warranty re-test shall comply with this specification. D. If at least ninety percent (90%) of the re-tested joints pass the pressure test, then the contract work shall be considered complete. If less than ninety percent (90%) of the re-tested joints pass the pressure test, then the Owner shall select another group of sewer segments containing approximately ten percent (10%) of all successfully grouted joints to be re-tested and re-grouted, as necessary. E. If at least ninety percent (90%) of the total re-tested joints pass the pressure test, then the contract work shall be considered complete. If less than ninety percent (90%) of the total re-tested joints pass the pressure test, then the Owner shall select another group of sewer segments containing approximately twenty percent (20%) of all successfully grouted joints to be re-tested and re-grouted, as necessary. F. If at least ninety percent (90%) of the total re-tested joints pass the pressure test, then the contract work shall be considered complete. If less than ninety percent (90%) of the total re-tested joints have passed the pressure test, then the Contractor shall re-test all previously accepted sewer joints and re-grout, as necessary. G. If the Contractor fails to complete the warranty test within the warranty period, then the warranty period shall be automatically extended until the re-test is complete. H. If within one year from the original Correction Period, the Contractor fails to complete the re-test, or fails to successfully re-grout failed work, the Owner shall have the right to retain the services of another qualified contractor to perform the unfinished work at the Contractor’s expense. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 111 of 118] City of Orono - C13.108282 TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES June 3, 2014 V072109 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02953-3 1.5 SUBMITTALS A. Items Included with the Bid 1. Contractor shall submit product information and data sheets with the bid to assure product compliance with referenced standards and these specifications prior to evaluation of the bids. 2. A copy of the license or certificate verifying the manufacturer's or licensor's approval of the Contractor. 3. Evidence of the Contractor’s experience including a list of similar projects completed within the previous two years. B. Items to be Submitted Before the Start of Work 1. Bypass plan, when necessary, for transferring raw sewage from upstream of the area to be tested and sealed to downstream. 2. Blank copies of all record forms proposed for use in documenting the performance of this contract, and the Contractor shall make any changes necessary to facilitate complete and accurate documentation, as determined by the Owner. C. During the Progress of the Job and Upon Completion 1. Complete records shall be kept of joint sealing performed in each manhole section. The records shall identify the manhole section in which the sealing was done, the location of each joint sealed, and the joint sealing verification results. 2. All work shall be video televised during the air testing and sealing operation. A DVD of the televising shall be submitted to the Owner for review and permanent record. The DVD shall display the date, time, mainline segment identification, station, void pressure and quantity of grout pumped. Each individual reach of pipe shall be identified as a ‘chapter’ on the DVD. 3. Written assessment of the sealer application to manholes together with of DVD of the inside wall of the manhole before and after sealing. 4. Two copies of all DVD shall be submitted. 5. The Contractor shall maintain written records of: (a) All set-up, adjustment, calibration and testing of equipment. (b) Mixing, testing and disposal of materials. (c) Test pressures, times, results of all service lateral tests. (d) Quantities and packing pressure of all grout injected into the leaking pipe joints. (e) Re-test pressures, times and results for verification of successful grouting. 6. Records shall be available for review by the Owner and copies shall be submitted prior to payment. PART 2 -- PRODUCTS 2.1 MATERIALS A. GENERAL 1. All mixing and handling of chemical sealing materials shall be in accordance with the manufacturer’s recommendations. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 112 of 118] City of Orono - C13.108282 TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES June 3, 2014 V072109 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02953-4 2. All chemical sealing materials used in the performance of the work specified must have the following characteristics: (a) While being injected, the chemical sealant must be able to react/perform in the presence of water (groundwater). (b) The cured material must withstand submergence in water without degradation. (c) The resultant sealant (grout) formation must prevent the passage of water (infiltration) through the sewer pipe joint. (d) The sealant material, after curing, must be flexible as opposed to brittle. (e) In place, the sealant information should be able to withstand freeze/thaw and wet/dry cycles without adversely affecting the seal. (f) The sealant formation must not be biodegradable. (g) The cured sealant should be chemically stable and resistant to the mild concentrations of acids, alkalis, and organics found in normal sewage and soils. (h) Packaging of component materials must be compatible with field storage and handling requirements. Packaging must provide for worker safety and minimize spillage during handling. (i) Mixing of the component materials must be compatible with field operations, including cold weather, and not require precise measurements of the ingredients by field personnel. (j) Cleanup must be done without inordinate use of flammable or hazardous chemicals. (k) Residual sealing materials must be easily removable from the sewer line to prevent reduction or blockage of the sewage flow. B. Joint Sealing Materials 1. For installations subject to physical movement (shallower pipes in slough areas, etc.), the Contractor shall use De Neef Hydro Active Multigel NF Polyurethane Chemical Grout, with its related catalysts and additives, or approved equal. 2. For deeper installations in stable non-moving conditions, the Contractor shall use De Neef AC- 400® Acrylate Chemical Grout, with its related catalysts and additives, or approved equal. C. Manhole Sealing Materials 1. Unless directed otherwise by the Owner’s representative in writing, portions of the manhole below the frost line and generally below the groundwater line shall be sealed with De Neef Hydro Active Multigel NF Polyurethane chemical grout, with its related catalysts and additives , or approved equal. 2. Unless directed otherwise by the Owner’s representative in writing, portions of the manhole above the frost line and generally above the groundwater line shall be sealed with De Neef Hydro Active Multigel NF Polyurethane Chemical Grout, with its related catalysts and additives, or approved equal. 3. Unless directed otherwise by the Owner’s representative in writing, crack and void sealing in the manholes shall be performed with De Neef Denepox Aquagel Epoxy, with its related catalysts and additives, or approved equal. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 113 of 118] City of Orono - C13.108282 TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES June 3, 2014 V072109 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02953-5 PART 3 -- EXECUTION 3.1 CLEANING OF SEWER LINES A. The Contractor shall remove all internal debris out of the sewer line that will interfere with the installation of testing and grouting operation. Cleaning shall be performed with a high velocity hydro-jet machine and root sawing shall be performed as necessary. Debris shall be removed from the sewer main by means of a vacuum or other method approved by the Engineer. The Contractor shall arrange for a dump site for all debris removed from the sewers during the cleaning operation. B. Any hazardous waste material encountered during this project will be considered as a changed condition. 3.2 LINE OBSTRUCTIONS A. It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the testing and grouting operation. If pre-testing inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the process, and it cannot be removed by conventional sewer cleaning equipment, then the Contractor shall immediately notify the Owner. Upon authorization of the Owner, the Contractor shall remove the obstruction with remote cutting equipment or make a point repair excavation to uncover and remove or repair the obstruction. Such cutting and/or excavation shall be approved in writing by the Engineer prior to the commencement of the work and shall be considered as a separate pay item. 3.3 JOINT TESTING A. Equipment 1. The basic equipment used shall consist of a television camera, joint testing device (such as a packer), and test monitoring equipment. The equipment shall be constructed in such a way as to provide means for introducing air, under pressure, into the VOID area created by the expanded ends of the joint testing device and a means for continuously measuring the actual static pressure of the test medium within the VOID area only. 2. VOID pressure data shall be transmitted electrically from the VOID to the monitoring equipment. (Example: via a TV picture of a pressure gauge located at the VOID, or via an electrical pressure transducer located at the VOID). All equipment shall be maintained in proper working order for safe, efficient and accurate operation. 3. All test monitoring shall be above ground and in a location to allow for simultaneous continuous observation of the television monitor and test monitoring equipment by the Owner. B. Test Pressure 1. Joint test pressure shall be 3 psi higher than the groundwater pressure, if any, outside the pipe. Groundwater pressure shall be determined by positioning the testing device on a visibly infiltrating joint and measuring the resulting VOID pressure with the VOID pressure monitoring equipment. 2. In the absence of groundwater pressure date, the test pressure shall be equal to 1/2 psi per vertical foot of pipe depth or 3 psi, whichever is greater. C. Control and Calibration Test 1. Prior to starting the pipe joint testing phase of the work, a two-part control test shall be performed by the contractor as follows: Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 114 of 118] City of Orono - C13.108282 TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES June 3, 2014 V072109 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02953-6 (a) To insure the accuracy, integrity and performance capabilities of the testing equipment, a demonstration test shall be performed in a test cylinder constructed in such a manner that a minimum of two known leak sizes can be simulated (see diagram). This technique will establish the test equipment performance capability in relationship to the test criteria and insure that there is no leakage of the air from the system or other equipment defects that could affect the joint testing results. (b) If this test cannot be performed successfully, the Contractor shall be instructed to repair or otherwise modify his equipment and perform the test until the results are satisfactory to the Owner. This test may be required at any other time during the joint testing work if the Owner suspects the testing equipment is not functioning properly. 2. The Contractor shall maintain a written record of all equipment testing and adjustments, including the identification number of the equipment item, date, time, and location of all tests and all information necessary to prove the performance of the equipment. D. Grout Mixing & Testing 1. Transportation, storage, handling, mixing and testing of all materials shall be in accordance with the manufacturer's recommendations. 2. Prior to mixing, the operator shall make note of all factors affecting the work, and shall make appropriate adjustments for field conditions, including but not limited to air temperature, underground temperature, grout batch temperature, mix water characteristics, groundwater characteristics, pipe material and additives used. The mixing of the batch shall be recorded with the date, time, etc. 3. All materials shall be fresh and free of contamination and shall be in the manufacturer's original sealed packaging. 4. Similar records shall be kept for grout that is disposed of, including the date, time, quantity, method of disposal and reason for disposal. E. Joint Testing Procedure 1. Each sewer pipe joint which is not visibly leaking, cracked or broken shall be individually tested at the above specified test pressure (not exceeding a test pressure of 10 psi) in accordance with the following procedures: (a) The testing device shall be positioned within the line in such a manner as to straddle the pipe joint to be tested. (b) The testing device and elements (sleeves) shall be expanded so as to isolate the joint from the remainder of the line and create a VOID area between the testing device and the pipe joint. The ends of the testing device shall be expanded against the pipe with sufficient inflation pressure to contain the air within the VOID without leakage past the expanded ends. (c) Air shall then be introduced into the VOID area until a pressure equal to or greater than the required test pressure is observed with the VOID pressure monitoring equipment. If the required test pressure cannot be developed (due to joint leakage), the joint will have failed the test and shall be sealed. (d) After the VOID pressure is observed to be equal to or greater than the required test pressure, the air flow shall be stopped. If the VOID pressure decays by more than 2 psi within 15 seconds (due to joint leakage), the joint will have failed the test and shall be sealed as specified. The failure criteria may be revised at any point by the Owner without any cost to the Owner. (e) The operator shall at all times observe and verify that the packer is properly positioned and inflated so as to perform valid testing. Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 115 of 118] City of Orono - C13.108282 TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES June 3, 2014 V072109 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02953-7 3.4 SEWER PIPE JOINT SEALING (PACKER METHOD) A. It is the intent of the sewer pipe joint sealing work to seal sewer pipe joint which have high leakage rate utilizing the internal joint sealing method. It is realized that this method may only be used on sewer pipe section in sound physical condition. Longitudinally cracked or broken pipe will not be sealed. When bell cracks or chips or evident from pipe section offset, sealing may be undertaken where the offset is small enough to allow proper seating of the sealing packer on both sides of the joint to be sealed. B. Equipment 1. The basic equipment shall consist of a closed circuit television system, necessary chemical sealant containers, pumps, regulators, valves, hoses, etc. and joint sealing packers for the various sizes of sewer pipes. The packer shall be cylindrical and have a diameter less than the pipe size and have cables attached at each end to pull it through the line. The packer device shall be constructed in a manner to allow a restricted amount of sewage to flow. The equipment used by a contractor shall be capable of maintaining sewage flows. Sewage flows shall be completely blocked for no longer than 30 minutes at any one time without allowing built-up sewage to flow past. C. Joint Sealing Procedure 1. Joints showing leakage or joints that have failed the joint test shall be sealed as specified. Joint sealing shall be accomplished by forcing chemical sealing materials into or through faulty joints by a system of pumps, hoses and sealing packers. Jetting or driving pipe from the surface that could damage or cause undermining of the pipe lines shall not be allowed. Uncovering the pipe by excavation of pavement and soil (which would disrupt traffic, undermine adjacent utilities and structures, and cause further damage to the pipe lines being repaired) shall not be allowed. 2. The packer shall be positioned over the faulty joint by means of a measuring device and the closed circuit television camera in the line. It is important that the procedure used by the Contractor for positioning the packer be accurate to avoid over pulling the packer and thus not effectively sealing (grouting) the intended joint. The packer ends (end elements, sleeves) shall be expanded using controlled pressure. The expanded ends shall seal against the inside periphery of the pipe to form a VOID area at the faulty joint, now completely isolated from the remainder of the pipe line. 3. Into this isolated area, sealant material shall be pumped through the hose system at controlled pressures which are in excess of groundwater pressures. The pumping unit, metering equipment, and the packer device shall be designed so that proportions and quantities of materials can be regulated in accordance with the type and size of the leak being sealed. 4. Pumping shall be terminated when the VOID pressure reaches 10 psi, or when 6 gallons of grout material has been injected, whichever comes first. D. Joint Sealing Verification 1. Upon completing the sealing of each individual joint, the packer shall be deflated until the VOID pressure meter reads zero pressure, then re-inflated and the joint retested. Should the VOID pressure meter not read zero, the Contractor shall clean his equipment of residual grout material or make the necessary equipment repairs/adjustments to produce accurate VOID pressure readings. Joints that fail to meet the specified test criteria shall be resealed and retested until the test criteria can be met in order to receive payment. 2. If after the second attempt at grouting the joint still fails, the Contractor shall consult with the Owner for further instruction. E. Residual Sealing Material Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 116 of 118] City of Orono - C13.108282 TEST, GROUT & SEAL UNDERGROUND PIPES AND MANHOLES June 3, 2014 V072109 © Bolton & Menk, Inc. 2014, All Rights Reserved PAGE 02953-8 1. Residual sealing materials that extend into the pipe, reduce the pipe diameter, or restrict the flow shall be removed. The sealed joints shall be left reasonably “flush” with the existing pipe surface. If excessive residual sealing materials accumulate in the line (and/or directed by the Owner) the pipe section shall be cleaned to remove the residual materials at no cost to the Owner. 2. Service laterals that become blocked shall be reopened by whatever means that is necessary with prior approval of the Owner’s approval and at no additional cost to the Owner. 3.5 MANHOLE SEALING A. Scope of Work 1. No precise scope of work is available for the manholes included in this project; however, the individual manhole inventory worksheets are available in the Appendix for reference. 2. The Owner’s representative shall, upon visual inspection of the manhole condition and consultation with the Contractor, establish a scope of work appropriate to each manhole. B. Execution 1. All work shall be conducted in full accordance with the manufacturer’s recommendations. 2. Crack and Void Filling (a) The surfaces of all cracks and voids to be filled shall be thoroughly cleaned of loose and worn material to allow for a direct, intimate contact between the host material and the crack filling material. (b) Effort should be made to permit the filler material to physically anchor itself in the cavity by re-shaping the void and allowing the material to expand through the wall, beyond the narrowest dimension of the void. 3. Sealing (a) The soil surrounding the manhole shall be grouted with the materials, as specified. (b) All drill holes shall be securely filled with hydraulic cement. ****END OF SECTION**** Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 117 of 118] Item #19 - CC Agenda - 06/09/2014 2014 Sanitary Sewer Rehabilitation Project Plan Approval [Page 118 of 118] Item #20 - CC Agenda - 06/09/2014 Public Works Retirement & Recruitment [Page 1 of 7] Item #20 - CC Agenda - 06/09/2014 Public Works Retirement & Recruitment [Page 2 of 7] Item #20 - CC Agenda - 06/09/2014 Public Works Retirement & Recruitment [Page 3 of 7] Item #20 - CC Agenda - 06/09/2014 Public Works Retirement & Recruitment [Page 4 of 7] Item #20 - CC Agenda - 06/09/2014 Public Works Retirement & Recruitment [Page 5 of 7] Item #20 - CC Agenda - 06/09/2014 Public Works Retirement & Recruitment [Page 6 of 7] Item #20 - CC Agenda - 06/09/2014 Public Works Retirement & Recruitment [Page 7 of 7] Item #21 - CC Agenda - 06/09/2014 Licenses & Permits [Page 1 of 7] Item #21 - CC Agenda - 06/09/2014 Licenses & Permits [Page 2 of 7] Item #21 - CC Agenda - 06/09/2014 Licenses & Permits [Page 3 of 7] Item #21 - CC Agenda - 06/09/2014 Licenses & Permits [Page 4 of 7] Item #21 - CC Agenda - 06/09/2014 Licenses & Permits [Page 5 of 7] Item #21 - CC Agenda - 06/09/2014 Licenses & Permits [Page 6 of 7] Item #21 - CC Agenda - 06/09/2014 Licenses & Permits [Page 7 of 7] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 1 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 2 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 3 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 4 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 5 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 6 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 7 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 8 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 9 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 10 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 11 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 12 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 13 of 14] Item #22 - CC Agenda - 06/09/2014 Claims/Bills [Page 14 of 14]