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IP #1010PROJECT NO. 1010 II 55th Mill & OverIay (Winnetka to Zealand) - $165,000 Res. 2017-135 11/27/17 Resolution authorizing the preparation of a feasibility report for construction of the 2018 551h Avenue Mill and Overlay (project no. 1010) Res. 2018-11 1/8/18 Resolution accepting feasibility report on 2018 55th Avenue North Street Improvement Project No. 1010, calling for a public hearing to consider ordering project and authorizing the creation of plans and specifications Res. 2018-25 2/12/18 Resolution ordering construction of 2018 55th Avenue North street improvement project No. 1010, approving plans and specifications and ordering advertisement for bids Res. 2018-47 3/26/18 Resolution awarding contract to Valley Paving, Inc. for construction of 55th Avenue Mill and Overlay (Improvement Project No. 1010) Res. 2018-105 9/24/18 Resolution declaring cost to be assessed and ordering preparation of proposed assessments in connection with infrastructure improvement no. 1010 Res. 2018-106 9/24/18 Resolution calling for a public hearing on assessments for infrastructure improvement no. 1010 (2018 55th Avenue North Street Improvement Project) Res. 2018-118 10/22/18 Resolution approving final payment to Valley Paving, Inc. in the amount of $8,331.67 for completion of public improvement project no. 1010 (2018 55th Avenue North Street Project) Res. 2018-122 10/22/18 Resolution adopting assessments for improvement project no. 1010 (55th Avenue Mill and Overlay Project) Or1 Request for Action October 22, 2018 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk -Treasurer Agenda Section Public Hearing Item Number 7.3 Agenda Title 'Resolution adopting assessments for infrastructure improvement no. 1010 (2018 551h Avenue North Street Improvement Project) Requested Action Staff is requesting Council to adopt a resolution to adopt assessments for the 2018 551h Avenue North Street Improvement Project No.1010. Policy/Past Practice Assessments are levied against benefitted, tax-exempt properties, in accordance with New Hope's assessment policy. Background On March 26, 2018, Council awarded a contract with Valley Paving, Inc. for $133,455.40 for street work on 55th Avenue North between Winnetka and Boone avenues south of the Parkview development and minimal utility improvements. The city engineer has determined the total cost for the street portion of the infrastructure project is $130,969.89. Using New Hope's assessment policy, the assessment rate for non-residential properties is $37.70 per foot and for residential properties is $25.13 per foot. The 2018 551h Avenue North infrastructure improvement project includes two tax exempt properties for assessments (Begin Park and Intermediate School District 287 for the North Education Center). School District 287 has been notified of its $25,662.77 assessment. The total assessment roll is $34,181.84 which is lower than the estimated assessment roll of $45,905.60. On September 24, 2018, Council approved a resolution declaring costs to be assessed and established a public hearing to consider the assessments at the October 22 Council Meeting. The city clerk has notified the property owners of the public hearing and the proposed assessments. No written objections have been received to date. The properties proposed to be assessed are identified on Appendix B-2. Funding The project funding sources include street infrastructure fund, water fund, and special assessments. Attachments • Resolution adopting assessment • Appendix B-2 • Map L•\RFA\City Manager\ 2018 \Project 1010\10-22-18\q-proj 1010 adopting assessment.docx RESOLUTION NO. 18 - 12 2 RESOLUTION ADOPTING ASSESSMENT FOR INFRASTRUCTURE IMPROVEMENT PROJECT NO. 1010 (2018 55" Avenue North Street Improvement Project) WHEREAS, pursuant to notice duly given as required by law, the City Council met on October 22, 2018 and heard and passed on all objections to the proposed assessment for the 2018 55th Avenue North Street Improvement Project No. 1010, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of said installments to be payable with general taxes for the year 2019, collectible with such taxes during the year 2019. b. To the first installment shall be added interest at the rate of six percent (6%) per annum on the entire principal amount of the assessment from the date of this Resolution until December 31" of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date hereof, and such property owner may at any time prior to November 15th of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31St of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. Adopted by the City Council this 22nd day of October, 2018. Kathi He en, Mayor Attest: Valerie'Leone,. City Clerk Appendix B-2 Final Assessments 2018 55th Avenue North Roadway Improvements September 2018 Property Street Front Tyne Improvement Footage 1 Intermediate District 287 Non-Residental Mill & Overlay 681 5530 Zealand Avenue North PID 06-118-21-43-0038 Assessment Assessment Rate Amount $37.70 $25,662.77 Total Assessment $25,662.77 2. City of New Hope (Begin Park) Residential Mill & Overlay 339 $25.13 $8,519.07 Address Unassigned PID 06-118-21-44-0053 Total Assessment $8,519.07 Total Assessment Value $34,181.84 i98687 BgsS �AkE {CR �0) 1 w; Z: - Q, DW1 ` Q' }Ji L a Z W Q W Z O O m 518T AVE N A.0 Plymouth j] *Win le Z Z Z W W Q 2 LU W I>. iZ � � Z Z Z < Q o ;o ;z _ N. [Y 11821440053 54TH AVE N CP RAIL Figure 9 Tax Exempt Properties* New Hope, Minnesota 2018 55th Ave N. Improvements Tax Exempt properties as of Sept, 2017 e� 0 Tax Exempt Properties F— Reclaim & Overlay Mill & Overlay Stantec niihkcu�W aI . ...... rm re pen compei� , ❑ 22] 450 .r....q m w min, content oro ,bn Feel Request for Action October 22, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Consent Item Number 6.7 Agenda Title Resolution approving final payment to Valley Paving, Inc. in the amount of $8,331.67 for completion of public improvement project no. 1010 (2018 551h Avenue North Street Improvements) Requested Action Staff recommends that Council pass a resolution and authorize final payment for public improvement project no. 1010 (2018 551h Avenue North Street Improvements) to Valley Paving, Inc. in the amount of $8,331.67. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The 2018 551h Avenue North Street Project primarily consisted of the mill and overlay of 55th Avenue between Boone and Winnetka avenues. There was a small portion of the roadway near Winnetka that was fully reclaimed due to the extremely poor pavement conditions. Work began on this project in August, and all work was completed in September. Funding The original contract amount for this project was $133,455.40. The final construction amount is $114,878.52, which is $18,576.88 under the original contract amount. This is primarily due to a reduction in the amount of concrete replacement and less bituminous paving quantity required. Attachments ■ Resolution City Engineer Memorandum Pay Request I:\RFA\PUBWORKS\2018\Council\1010 2018 55th Ave Mill and Overlay\10-22 final payment City of New Hope Resolution No. 18- 118 Resolution approving final payment to Valley Paving, Inc. in the amount $8,331.67 for completion of public improvement project no. 1010 (2018 551h Avenue North Street Improvements) WHEREAS, the infrastructure improvement identified follow the pavement management strategy adopted by the Council; and WHEREAS, the city has entered into a contract with Valley Paving, Inc. for construction of the 2018 55th Avenue North Street Improvements; and WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project no. 1010 and approve final payment to Valley Paving, Inc. in the amount of $8,331.67; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to Valley Paving, Inc. NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council accepts the 2018 55th Avenue North Street Improvements project from Valley Paving, Inc. 2. That the city manager is hereby directed to authorize the final payment in the amount of $8,331.67. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 22nd day of October, 2018. Attest: &fttz- c�'�-- City Clerk r r a& Mayor Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 - Tel: (651) 636-4600 " C Fax: (651) 636-1311 October 17, 2018 File: 193804114 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2018 55th Avenue North Street Improvements - Final Payment City Project #1010 Dear Bernie, Enclosed find the final pay request and the IC-134 forms for the 2018 55th Avenue North Street Improvements project. The contractor, Valley Paving Inc., has completed the work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $8,331.67 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $133,455.40. The Final Construction Amount is $114,878.52, which is $18,576.88 under the Original Contract Amount. This was primarily due a reduction in the amount of concrete requiring replacement within the driveways, and less bituminous paving quantity required. If you have any questions or require further information, please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. a4041 ao. 7e / Christopher W. Long, P.E. Attachments: Pay Request No. 2/Final & IC-134's c. Kirk McDonald, Valerie Leone, Megan Albert, Andrew Kramer, Dave Lemke, Shawn Markham, Jim Muellner - New Hope; Ann Dienhart, Kellie Schlegel - Stantec. Design with community in mind Page 1 of 4 NEW HOPE, CITY OF 4401 Xylon Avenue N Sta ■ „ ,tlec New Hope, MN 55428 Project 1010 - 55th Avenue North Street Improvements Request for Payment No. 2/FINAL Contractor: Valley Paving, Inc. City Project No.: 1010 8800 13th Avenue E Stantec Project No.: 193804114 Shakopee, MN 55379 For Period: 9/14/2018 - 9/26/2018 Contract Amounts Original Contract $133,455.40 Contract Changes $0.00 Revised Contract $133,455.40 Work Certified To Date Base Bid Items $114,878.52 Backsheet $0.00 Change Order $0.00 Supplemental Agreement $0.00 Work Order $0.00 Material On Hand $0.00 Total $114,878.52 Work Certified This Request for Payment Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request for Payment Total Amount Paid To Date 1010 $2,723.94 $114,878.52 $0.00 $106,546.85 $8,331.67 $114,878.52 Percent Retained: 0.0000% Amount Paid This Final Request for Payment $8,331.67 I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor: VALLEY PAVING. By: Date: The Work on this project and application has been reviewed and the amount shown is recommended for payment. Engineer STANTEC CONSULTING LTD. B Date: Approved for Payment Owner: CITY OF NEW HOPE By: Date: Page 2 of 4 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. 1010 Request for Payment No. 2/FINAL 1010 Payment Summa No. From Date To Date Work Certified Amount Retained Amount Paid Per Request for Payment Per Request for Payment Per Request for Payment 1 08/01/2018 09/13/2018 $112,154.58 $5,607.73 $106,546.85 2 09/14/2018 09/26/2018 $2,723.94 Totals: $114,878.52 1010 Fundina Category Report ($5,607.73) $8, 331.67 $0.00 $114,878.52 Funding Work Less Less Amount Paid Total Category Certified Amount Previous This Amount Paid To Date Retained Payments Request for Payment To Date Street Fund 114,878.52 0.00 106,546.85 8,331.67 114,878.52 Totals: $114,878.52 $0.00 $106,546.85 $8,331.67 $114,878.52 Page 3 of 4 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. 1010 Reauest for Pavment No. 2/FINAL 1010 Project Item Status Quantity Amount Line Item Description Units Unit Contract This Request This Request Quantity Amount Price Quantity for for To Date To Date Payment Payment Base Bid 1 2021.501 MOBILIZATION LS $5,000.00 1 0 $0.00 1 $5,000.00 2 2563.601 TRAFFIC CONTROL LS $2,080.00 1 0 $0.00 1 $2,080.00 MILL 3 2104.603 BITUMINOUS PAVEMENT-2" SY $0.82 7200 0 $0.00 6936 $5,687.52 DEPTH 4 2215.501 FULL DEPTH RECLAMATION SY $3.85 1200 0 $0.00 1331 $5,124.35 REMOVE 5 2104.505 BITUMINOUS SY $3.75 220 0 $0.00 0 $0.00 PAVEMENT 6 2104.501 REMOVE CURB & GUTTER LF $9.35 235 34 $317.90 409 $3,824.15 BITUMINOUS 7 2302.604 DRIVEWAY SY $44.00 50 0 $0.00 0 $0.00 PATCH 6" CONCRETE 8 2531.507 DRIVEWAY SY $74.00 50 0 $0.00 0 $0.00 PATCH 7" CONCRETE 9 2531.507 DRIVEWAY SY $78.00 100 0 $0.00 0 $0.00 PATCH COMMON 10 2105.501 EXCAVATION CY $25.00 200 0 $0.00 180.25 $4,506.25 (CV) SUBGRADE 11 2105.507 EXCAVATION CY $25.00 50 0 $0.00 0 $0.00 (CV) 12 2211.501 AGGREGATE BASE, CLASS 5 TN $0.01 200 0 $0.00 0 $0.00 TYPE SP 9.5 13 2360.501 WEARING COURSE MIX TN $55.60 1050 0 $0.00 972.91 $54,093.80 (2,B) TYPE SP 12.5 14 2360.501 NON WEARING COURSE TN $66.00 132 0 $0.00 137.08 $9,047.28 MIXTURE (2,B) BITUMINOUS 15 2231.501 PATCHING TN $96.00 65 0 $0.00 66.44 $6,378.24 MIXTURE BITUMINOUS 16 2357.502 MATERIAL FOR GAL $1.60 420 0 $0.00 400 $640.00 TACK COAT CONCRETE 17 2531.603 CURB AND GUTTER LF $21.06 235 34 $716.04 409 $8,613.54 DESIGN B618 Page 4 of 4 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. 1010 Reauest for Pavment No. 2/FINAL 1010 Project Item Status Quantity Amount Line Item Description Units Unit Contract This Request This Request Quantity Amount Price Quantity for for To Date To Date Payment Payment REPLACE 18 2104.510 SANITARY CASTING AND EA $830.00 6 0 $0.00 4 $3,320.00 RINGS REMOVE & REPLACE 19 2504.602 WATER GATE EA $500.00 2 0 $0.00 3 $1,500.00 VALVE BOX TOP 4" DOUBLE 20 2582.502 SOLID LINE, LF $0.37 2200 0 $0.00 1818 $672.66 YELLOW PAINT 21 2582.502.11104 4" SOLID LINE, WHITE PAINT LF $0.19 2200 0 $0.00 1811 $344.09 24" SOLID 22 2582.502 LINE, WHITE LF $2.81 55 0 $0.00 24 $67.44 PAINT ZEBRA 23 2582.504 CROSSWALK SF $6.45 90 0 $0.00 210 $1,354.50 PAINT 24 2564.531 SIGN PANELS TYPE C SF $41.60 35 35 $1,456.00 35 $1,456.00 25 2574.525 LOAM TOPSOIL BORROW CY $44.90 40 0 $0.00 3 $134.70 EROSION CONTROL 26 2574.604 COMPOST BLANKET - SY $2.34 250 100 $234.00 100 $234.00 BLOWN W/ SEED 27 2573.530 INLET PROTECTION EA $80.00 8 0 $0.00 10 $800.00 STREET 28 2123.610 SWEEPER (WITH PICKUP HR $150.00 10 0 $0.00 0 $0.00 BROOM) Totals For Base Bid: $2,723.941 $114,878.52 Project Totals: 1 $2,723.941 1 $114,878.52 Page I of 1 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-635-809-984 Submitted Date and Time: 11-Oct-2018 12:43:05 PM Legal Name: VALLEY PAVING INC Federal Employer ID: 41-1348160 User Who Submitted: ValleyPavingTax Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 517824612 Minnesota ID: 5565541 Project Owner: CITY OF NEW HOPE Project Number: 1010 Project Begin Date: 01-Aug-2018 Project End Date: 19-Sep-2018 Project Location: 55TH AVE, NO Project Amount: $114,878.52 Subcontractor Summary Name ID Affidavit Number SIR LINES -A -LOT 3509324 1591107584 CURB MASTERS INC 2207114 638558208 ALL STATE TRAFFIC CONTROL 4300984 507125760 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at B51-282-9999, (toll -free) 800.657-3594, or (email) withholding.tax@state mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please rrf{ril if s _d(iv for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.usltpleservices/_/Retrieve/Ole-/BcJw L3J KQFW7n3tCKts... 10/11/2018 10110/2018 https:lwtw.mndor.state.mn.usltp/eservioes/_/Retrievel0/c-/Rn8LyKzJb_AYXM1hLYwvew ?FILES Print2&PARAMS_= 7935810518873356755 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 0-749-27M80 Submitted Date and Time: 10-Oct-2018 &54:32 AM Legal Name: SIR LINES -A -LOT INC Federal Employer ID: 46-5427787 User Who Submitted: linesalot Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1591107584 Minnesota ID. 3509324 Project Owner. CITY OF NEW HOPE Project Number. CITY PROJECT NO. 1010 Project Begin Date: 21-Aug-2018 Project End Date: 21-Aug-2018 Project Location: CITY OF NEW HOPE, MN Project Amount: $3,847.26 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us if you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. https://www.mnclor.state_mn.usltpleservices/_IRetrieve/0/c-/Rn8LyKzJb_AYxMlhLYwvew_?FILE= Print2&PARAMS_ 7935810518873356755 1/7 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 1-611-706.048 Submitted Date and Time: 10-Oct-2018 9:34:36 AM Legal Name: CURB MASTERS INC Federal Employer ID: 41-1606037 User Who Submitted: Linda H Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 638558208 2207114 CITY OF NEW HOPE 18-17 08-Aug-2018 16-Aug-2018 55TH AVE N. NEW HOPE, MN $8, 882.25 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-207-9999, (toll -free) 800-657-3594. or (email) withholaing.tax@slate.mmus. Business hours are 6:00 a.n-- 4:30 p.m. Monday - Friday. Please nn i for your records using the print or save functionality built into your browser. Carol Kadrlik From: Laurie Kissner <laurie@allstatetrafficmn.com> Send Thursday, October 11, 2018 9:01 AM To: Carol Kadrlik Subject: FW: Your Recent Contractor Affidavit Request From: MN Revenue e-Services <eseryices. mdor@state. mn.us> Sent: Thursday, October 11, 2018 8:52 AM To: Laurie Kissner<ia_urie@7aiistatetrafficmn.com> Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies. Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date. - Project Location: Project Amount: Subcontractors: 0-907-684-288 11-Oct-2018 8:51:06AM ALL STATE TRAFFIC CONTROL, INC. 47-5418502 ASTCMN16 Contractor Affidavit 507125760 4300984 CITY OF NEW HOPE 1010 01-Aug-2018 19-Sep-2018 55TH AVE N, NEW HOPE $3,400.00 No Subcontractors 1 HALL JPAVI INCORPOR� 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com October 11, 2018 Stantec Consulting Services, Inc. 2335 Highway 36 West St. Paul, MN 55113 Attn: Mr. Chris Long , P.E. Re: 551h Ave. No. Street Improvement / City of New Hope / Final Voucher Please find enclosed the signed Final Vouchers, IC-134 Forms and Lien Waivers for the above noted project, for further process. Should you have any questions or need any additional information, please contact our office at 952-445-8615. Thank you. Office Manager Encl. A 100% RECYCLABLE Affirmative Action / Equal Opportunity Employer A VETERAN OWNED COMPANY Page 1 of 1 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number. Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 1-535-809-984 11-Oct-2018 12:43:05 PM VALLEY PAVING INC 41-1348160 ValleyPavingTax Contractor Affidavit 517824512 5565541 CITY OF NEW HOPE 1010 01-Aug-2018 19-Sep-2018 55TH AVE, NO. $114,878.52 Name ID Affidavit Number SIR LINES -A -LOT 3509324 1591107584 CURB MASTERS INC 2207114 638558208 ALL STATE TRAFFIC CONTROL 4300984 507125760 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at651-282.9999, (toll -free) 800-657-3594, or (email) Withholding.tax@stale.mn.us. Business hours are 8:00 a.m. - 4:30 p.m Monday - Friday, Please rrnnt thi� for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices//Retrieve/O/c-/BcJw L3J KQFW7n3tCKts... 10/11/2018 10/10/2018 m https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/o/c-/Rn8LyKzJb AYxM1hLYwvew ?FILE =Print2&PARAMS= 79358105188733%755 DEPARTMENT OF REVENUE Contractor affidavit `submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-749-279-680 Submitted Date and Time: 10-Oct-2018 8,54:32 AM Legal Name: SIR LINES -A -LOT INC Federal Employer ID: 46-5427787 User Who Submitted: linesalot Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number. 1591107584 Minnesota ID: 3509324 Project Owner: CITY OF NEW HOPE Project Number: CITY PROJECT NO. 1010 Project Begin Date: 21-Aug-2018 Project End Date: 21-Aug-2018 Project Location: CITY OF NEW HOPE, MN Project Amount: $3,847.26 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you, Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999. (toll -free) 800-657-3594, or (email) with hotding.tax{�state_mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser, https:/hvww.mndor,state.mn.us/tp/esemcesl—/Retrieve/0/c-/Rn8LYKZJb_AYxM1hLYwvew_?FILES Print2&PARAMS_=7935810518873356755 1/1 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1-611-706-048 10-Oct-2018 9:34:36 AM CURB MASTERS INC 41-1606037 Linda H Contractor Affidavit 638658208 2207114 CITY OF NEW HOPE 18-17 08-Aug-2018 16-Aug-2018 55TH AVE N, NEW HOPE, MN $8.882.25 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) wMthholding.taxastale.mmus. Buscness hours are 8:00 a.m - 4:30 p.m. Monday - Friday. Please print this Daoc for your records using the print or save functionality built into your browser. Carol Kadrlik From: Laurie Kissner <laurie@allstatetrafficmn.com> Sent Thursday, October 11, 2018 9:01 AM To: Carol Kadrlik Subject FW: Your Recent Contractor Affidavit Request From: MN Revenue e-Services <eservices.mdar state.mn.us> Sent: Thursday, October 11, 2018 8:52 AM To: Laurie Kissner <laurieC@alistatetrafficmn.com> Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies. , contractor Affidav t Comple- a-: Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number. - Project Begin Date: Project End Date: Project Location. - Project Amount: Subcontractors: 0-907-684-288 11-Oct-2018 8:51:06 AM ALL STATE TRAFFIC CONTROL, INC. 47-5418502 ASTCMN16 Contractor Affidavit 507125760 4300984 CITY OF NEW HOPE 1010 01-Aug-2018 19-Sep-2018 55TH AVE N, NEW HOPE $3,400.00 No Subcontractors FPAVIN�INCORPORATEO 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www,valleypaving.com A 100% RECYCLABLE RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS. Dated 11-Oct The undersigned hereby acknowledges receipt of the sum of: CHECK ONLY ONE 1.) [ ] as partial payment for labor, skill and material furnished 2018 2.) [ ] as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3.) [X] as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Full and Final Payment / 55th Ave. No., Street Improvement Project From the City of New Hope, MN $114,878.52 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and of exectued by a partnership, it must be signed by a partner A VETERAN OWNED COMPANY Affirmative Action / Equal Opportunity Employer 3 WA L 4 A, JIAAVIN INCORPORATE® 880013th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 10-Oct The undersigned hereby acknowledges receipt of the sum of: 2018 CHECK ONLY ONE 1.) [ J as partial payment for labor, skill and material furnished 2.) [ j as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3.) [XI as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Final Payment of $8,882.25 to be paid when Valley Paving receives final payment from the City of New Hope 55th Ave. No. Project - City of New Hope $8,882.25 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this Instrument is executed by a corporation, It must be signed by an officer, and of exectued by a partnership, It must be signed by a partner. 'M& 100% RECYCLABLE Curb M s Inc. l3 C6/O pQtr`SsfD8�1'� Ti#Ee) tr.� ve, (Address) -L- M ►tI 55AD ' Affirmative Action / Equal Opportunity Employer MEZ A VETERAN OWNED COMPANY r. r INCOMPORATEO 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 vuww.val leypaving,com RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 10-Oct 2018 The undersigned hereby acknowledges receipt of the sum of: CHECK ONLY ONE 1.) [ J as partial payment for labor, skill and material furnished 2,) [ J as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3,) [X] as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Final Payment of $3,400,00to be paid when Valley Paving receives final payment from the City of New Hope 55th Ave. No. Project - City of New Hope $3,400,00 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown If Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid In full, EXCEPT, NOTE: If this instrument Is executed by a corporation, it must be signed by an officer, and of exectued by a partnership, it must be signed by a partner. 100% RECYCLABLE !All State Traffic Control nc. 13 (Title) (Address A VETERAN OWNED COMPANY Affirmative Action / Equal Opportunity Employer 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 4.15-8615 FAX (952) 445-0355 www.valleypaving.com 4M AMORAr7q-1� HUYGLAUUL RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated 10-Oct The undersigned hereby acknowledges receipt of the sum of: CHECK ONLY ONE 1.) [ ] as partial payment for labor, skill and material furnished 2018 as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3.) [XI as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property:( legal description, street address or project name) Final Payment of $3,847,26 to be paid when Valley Paving receives final payment from the City of New Hope 55th Ave. No, Project - City of New Hope _ .err: . =7�7 $3,847.26 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOM It this instrument Is executed by a corporation, it must be signed by an officer, and of exectued by a partnership, it must be si na[f by a partner Sir Lines -A - By. J .. _ .�►. -. Dax1 H-tLY'y pr�5 idt�n~f (Title) (Address) T Affirmative Action / Equal Opportunity Employer A VETERAN MINED GOMPAM � Mgr O�1�2 Request for Action September 24, 2018 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk -Treasurer Agenda Section Consent Item Number 6.10 Agenda Title Resolution declaring cost to be assessed and ordering preparation of proposed assessments in connection with infrastructure improvement no. 1010; and Resolution calling for a public hearing on assessments for infrastructure improvement no. 1010 (2018 551h Avenue North Street Improvement Project) Requested Action Staff is requesting Council adopt two resolutions related to the infrastructure project. The first is to declare the total cost to be assessed and the second is to establish a public hearing on October 22, 2018. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background On March 26, 2018, Council awarded a contract with Valley Paving, Inc. for $133,455.40 for street work on 55th Avenue North between Winnetka and Boone avenues south of the Parkview development and minimal utility improvements. A public hearing on the proposed assessment was held February 12, 2018, and tax exempt properties were notified/encouraged to attend the hearing. The project is now complete and it is appropriate to schedule a public hearing for assessments. Staff recommends the public hearing to be held on October 22, 2018. The city engineer has determined the total cost for the street portion of the infrastructure project is $130,969.89. Using New Hope's assessment policy, the assessment rate for non-residential properties is $37.70 per foot and for residential properties is $25.13 per foot. The 2018 55th Avenue North infrastructure improvement project includes two tax exempt properties for assessments (Begin Park and Intermediate School District 287 for the North Education Center). School District 287 will be notified of its $25,662.77 assessment. The total assessment roll is $34,181.84 which is lower than the estimated assessment roll of $45,905.60. The properties proposed to be assessed are identified on Appendix B-2. The city attorney has prepared the resolutions. The city clerk will notify the property owners of the public hearing. Funding The project funding sources include street infrastructure fund, water fund, and special assessments. I:\RFA\City Manager\ 2018 \Project 1010\09-24-18\q-proj 1010 declare cost.docx Request for Action, Page 2 Attachments • Resolution Declaring Cost • Resolution Calling for Public Hearing • Map • Appendices B-1, B-2, B-3 RESOLUTION NO. 18- L D5 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IN CONNECTION WITH INFRASTRUCTURE IMPROVEMENT NO. 1010 (2018 55" Avenue North Street Improvement Project) WHEREAS, contracts have been let for the construction of the 2018 55th Avenue North Street Improvement Project No. 1010 in the City, and WHEREAS, the total cost of said improvement, including utility costs and street costs, is $134,585.50. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The City Council hereby determines the portion of the cost of such improvement to be paid by the city shall be $100,403.66, exclusive of the amount the city may pay as a property owner, and the portion of the street cost to be assessed against benefited property owners is declared to be $34,181.84 and that such assessments shall be based upon benefits received by the assessed property without regard to cash valuation. The city shall pay $8,519.07 of the declared assessment amount as a benefited property owner. 2. Assessments shall be payable in equal biannual installments due and payable on or before May 151h and October 151h of each year extending over a period of ten (10) years, the first of the installments to be payable on or before May 15, 2019, and shall bear interest at the rate of six (6%) percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Consulting Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 24th day of September, 2018. 6J�L Andy Hoffe, May r Pro to Attest: -U__ Valerie Leone, City Clerk P:\Attomey\SAS\1 Client Files'V City of New Hope\99-61010 2018 Imp Proj 1010\Resolution Declaring Cost Assessed and Prep of Assess.doex RESOLUTION NO. 18- 106 RESOLUTION CALLING FOR A PUBLIC HEARING ON ASSESSMENTS FOR INFRASTRUCTURE IMPROVEMENT NO. 1010 (2018 55th Avenue North Street Improvement Project) WHEREAS, at the direction of the City Council pursuant to Resolution No. 18- 105, the City Clerk, with the assistance of the City Consulting Engineer, has prepared an assessment roll for the 2018 55ffi Avenue North Street Improvement Project No. 1010, and WHEREAS, the said proposed assessment roll is now on file with the City Clerk and open to public inspection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. A hearing shall be held at 7:00 p.m. on October 22, 2018 in the New Hope City Hall located at 4401 Xylon Avenue North, New Hope, MN 55428 to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the Clerk shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the Hennepin County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the New Hope Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. An owner may at any time thereafter, pay to the New Hope Finance Director or Assessment Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 14 or interest will be charged through December 31 of the succeeding year. 4. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. Adopted by the City Council this 20 day of September, 2018. 1 ��L 4� Andy Hoffe, May Pro tem Attest: L2 4aler2ie Leone, City Clerk P:\Attomey\SA811 Cl:en: Fi?t;'2 Giiy of New }lop:4wJ•,;IQ W 20181mp Proj 1010\Resolution calling pub hrg on assessments.docx P:4lttomey\SAS\l Client Files\2 City of New Hope\99-69621 (2016 street proj)\Resolution calling pub hrg on assessments.doex z W Q W z O O M 51 STAVE N 498687 Crystgl e o e Plymouth Q obhin to 0611821430038 !1 ■ 54TH AVE N CP RAIL Figure 9 Tax Exempt Properties* New Hope, Minnesota 2018 55th Ave N. Improvements Tex Exempt Properties as of Sept, 2817 _U) z _ rn - z W � � I Tax Exempt Properties ~ Reclaim & Overlay - Mill & Overlay Stantec ��eury ia�NnMne M1 «euo�a navco,ngewneu a o s aso oneeaom mww"°e' aaroH�" Feel cs.wo Ni onainal eo��n,e"i ,rte oiesxiil »..no.nliaeiir� gecu�,mfwemptPppnue,l,wymw Appendix B-1 Final Assessments 2018 55th Avenue North Roadway Improvements September 2018 Project Final Improvement Type Total Cost FF Rate Mill & Overla Non -Resident al 1,022 37.70 y Residental $130,969.89 3,678 $25.13 Totals 4,700 Residential Rate = 2/3*Commercial Rate Estimated Cost = (Residential FF)*2/3*(Commercial Rate)+(Commercial FF)*(Commercial Rate) Commercial Rate = Estimated Cost 2/3 x Residential FF + Commercial FF MITI & Overlay Rates Commercial Rate = $130,970 2/3 x 3,678 + 1,022 Commercial Rate = $37.70 per FF Single Family Residential Rate = $25.13 per FF Appendix B-2 Final Assessments 2018 55th Avenue North Roadway Improvements September 2018 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1 Intermediate District 287 5530 Zealand Avenue North PID 06-118-21-43-0038 2. City of New Hope (Begin Park) Address Unassigned PID 06-118-21-44-0053 Non-Residental Mill & Overlay 681 $37.70 $25,662.77 Total Assessment $25,662.77 Residential Mill & Overlay 339 $25.13 $Ei,5+9.L'7 Total Assessment $8,519.07 Total Assessment Value $34,181.84 Appendix B-3 Final Assessments - Front Footage 2018 55th Avenue North Roadway Improvements September 2018 Front Footage - Mill & Overlay Improvements Street From To Street Length ft 55th Ave N Cul de sac Winnetka Ave N 1 2,350 Total Project Length 2,350 Front Footage = Project Length x 2 x 2 Total Front Footage 4,700 Total Non -Residential Front Footage 1,022 Total Residential Front Footage 3,678 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/04/2018 and the last insertion being on 10/04/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: dc. ��- Designated Agent Subscribed and sworn to or affirmed before me on 10/04/2018 by Darlene MacPherson. Notary Public Jessica L Crabb Notary Public Minnesota ;!;`• ' hly Commission Expres January 31, 2023 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 863448 CITY OF NEW HOPE NOTICE OF HEARING ON ASSESSMENTS FOR INFRASTRUCTURE IMPROVEMENT NO. 1010 (2018 55TH AVENUE NORTH STREET IMPROVEMENT PROJECT) Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 22nd day of October, 2018 at 7:00 p.m. to consider objections to the proposed assessments for the 2018 55th Avenue North Street Improvement Project No. 1010 heretofore or- dered by the City Council. The general nature of the improvement, as described in the January 2018 feasibility report entitled 2018 55thNodh Simi Im- ments, City Project No. 1010, prepared by Stantec Consulting Services, Inc., Engineers for the City, is Mill and overlay rehabilitation or full -depth reclamation of approximately .45 miles of city streets as hereafter de- scribed. Spot maintenance including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. Spot maintenance on water utility structures will be made to repair failing structures. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve 2 construction strategies: (1) A full -width Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface; and (2) Full -Depth Reclamation consisting of grinding up the entire pavement section and mixing it with underlying aggregate base, creating a homo- geneous roadway base. New, 4-inch lifts of bituminous wear pavement are then placed over the entire roadway. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' January 2018 feasibility report, the streets included in the project are as follows: (a) for Mill and Overlay — approximately 2,000 feet (0.38 miles) of 55th Avenue North from the Cul-de-sac (to the west of Zealand Avenue North) on the west to Utah Avenue North on the east; and (b) for Reclaim and Overlay - approx- imately the first 350 feet (0.07 miles) west of Winnetka Avenue North along 55th Avenue North commencing at Winnetka Avenue North The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allo- cates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be as- sessed for the 2018 Infrastructure Project 1010 (as referenced in Table 7/Figure 9 and Appendix B-2 of Stantec Consulting Services' January 2018 feasibility report) are as follows: Address PID number Intermediate School District 287 06-118-21-43-0038 5530 Zealand Avenue North City of New Hope (Begin Park) 06-118-21-44-0053 86 Address unassigned The total amount proposed to be assessed is $34,181.84. Written or oral objections will be considered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Stat- utes, Section 429,081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopt- ed by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner pre- scribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assess- ments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et, al., a copy of which is available upon request at the office of the City Clerk. The notice of this hearing mailed to property owners contains addi- tional information. Dated: September 27, 2018 BY ORDER OF THE CITY COUNCIL /s/ Valerie Leone City Clerk Published in the New Hope -Golden Valley Sun Post October 4, 2018 863448 CITY OF NEW HOPE NOTICE OF HEARING ON ASSESSMENTS FOR INFRASTRUCTURE IMPROVEMENT NO. 1010 (2018 5511 Avenue North Street Improvement Project) Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 22nd day of October, 2018 at 7:00 p.m. to consider objections to the proposed assessments for the 2018 55th Avenue North Street Improvement Project No. 1010 heretofore ordered by the City Council. The general nature of the improvement, as described in the January 2018 feasibility report entitled 2018 55"' Avenue North Street Improvements, City Project No. 1010, prepared by Stantec Consulting Services, Inc., Engineers for the City, is Mill and overlay rehabilitation or full -depth reclamation of approximately .45 miles of city streets as hereafter described. Spot maintenance including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. Spot maintenance on water utility structures will be made to repair failing structures. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve 2 construction strategies: (1) A full -width Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface; and (2) Full - Depth Reclamation consisting of grinding up the entire pavement section and mixing it with underlying aggregate base, creating a homogeneous roadway base. New, 4-inch lifts of bituminous wear pavement are then placed over the entire roadway. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' January 2018 feasibility report, the streets included in the project are as follows: (a) for Mill and Overlay — approximately 2,000 feet (0.38 miles) of 551h Avenue North from the Cul-de-sac (to the west of Zealand Avenue North) on the west to Utah Avenue North on the east; and (b) for Reclaim and Overlay - approximately the first 350 feet (0.07 miles) west of Winnetka Avenue North along 55th Avenue North commencing at Winnetka Avenue North The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2018 Infrastructure Project 1010 (as referenced in Table 7/Figure 9 and Appendix B-2 of Stantec Consulting Services' January 2018 feasibility report) are as follows: Address Intermediate School District 287 5530 Zealand Avenue North City of New Hope (Begin Park) 86 Address unassigned PID number 06-118-21-43-003 8 06-118-21-44-0053 The total amount proposed to be assessed is $34,181.84. Written or oral objections will be considered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is available upon request at the office of the City Clerk. The notice of this hearing mailed to property owners contains additional information. Dated: September 27, 2018 BY ORDER OF THE CITY COUNCIL s/Valerie Leone City Clerk (Published in the New Hope -Golden Valley Sun -Post on the 4' day of October, 2018.) 0 AFFIDAVIT OF MAILING HEARING NOTICE IMPROVEMENT PROJECT NO. 1010 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On October 5, 2018, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 1010, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the places so addressed. City Clerk Subscribed and sworn to before me this day of 2018. My commission expires January 31, 2021. Notary Public Hennepin County 1400M DAVID E WALKER-CRAWFORD Notary Public State of Minnesota My Commission EK005 }anuary 31, 2021 L diate School District 287 ector of Fin. Services nium Lane N. h, MN 55441 NOTICE OF HEARING ON ASSESSMENTS FOR 2018 55th AVENUE NORTH STREET IMPROVEMENT PROJECT NO.1010 TO: Intermediate School District 287 PROPERTY TO BE ASSESSED: 5530 Zealand Avenue North ASSESSMENT: $25,662.77 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22nd day of October, 2 18 at 7:0012.m. to consider objections to the proposed assessments for the 55th Avenue North Street Improvement Project No. 1010. The general nature of the improvement, as described in the January 2018 feasibility report entitled 2018 551" Avenue North Street Improvements City Project No.1010, prepared by Stantec Consulting Services, Inc., Engineers for the City, is Mill and overlay rehabilitation or full -depth reclamation of approximately .45 miles of city streets as hereafter described. Spot maintenance including rings and castings replacement will be made to designated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. Spot maintenance on water utility structures will be made to repair failing structures. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve 2 construction strategies: (1) A full -width Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface; and (2) FuII-Depth Reclamation consisting of grinding up the entire pavement section and mixing it with underlying aggregate base, creating a homogeneous roadway base. New, 4-inch lifts of bituminous wear pavement are then placed over the entire roadway. Spot CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www.ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 —1— curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' January 2018 feasibility report, the streets included in the project are as follows: (a) for Mill and Overlay — approximately 2,000 feet (0.38 miles) of 551h Avenue North from the Cul-de-sac (to the west of Zealand Avenue North) on the west to Utah Avenue North on the east; and (b) for Reclaim and Overlay - approximately the first 350 feet (0.07 miles) west of Winnetka Avenue North along 55th Avenue North commencing at Winnetka Avenue North The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore, only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER, ADDRESS, AND PID NUMBER: TOTAL AMOUNT OF PROPOSED ASSESSMENT: WRITTEN OR ORAL OBJECTIONS: Address Pl❑ number Intermediate School District 287 06-118-21-43-0038 5530 Zealand Avenue North City of New Hope (Begin Park) 06-118-21-44-0053 Address Unassigned The total amount proposed to be assessed is $34,181.84 Written or oral objections will be considered at the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received —2— at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1-6 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption of the proposed assessment may be taken at the hearing by the Council. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6%. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2019. The assessment will be spread in equal annual installments over 10 years bearing interest at 6%. The first installment will include interest on the total assessment from November 1, 2018, through December 31, 2019, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City pjior to December 1, 2018, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the City Clerk or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the City SUCCEEDING YEARS: Clerk or Assessment Clerk at any time prior to November 14 of any year. October 4, 2018 BY ORDER OF THE CITY COUNCIL sL Valerie Leone, City Clerk —3— Appendix B-2 Final Assessments 2018 55th Avenue North Roadway Improvements September 2018 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1 Intermediate District 287 Non-Residental Mill & Overlay 5530 Zealand Avenue North PID 06-118-21-43-0038 2. City of New Hope (Begin Park) Residential Mill & Overlay Address Unassigned PID 06-118-21-44-0053 681 $37.70 $25,662.77 Total Assessment $25,662.77 339 $25.13 $8,519.07 Total Assessment $8,519.07 Total Assessment Value $34,181.84 3 or 1(8r�r� Request for Action March 26, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.2 Agenda Title Resolution awarding contract to Valley Paving, Inc. for construction of 2018 55th Avenue Mill and Overlay (Improvement Project No. 1010) Requested Action Staff is recommending that Council pass a resolution awarding the contract for construction of improvement project no. 1010 (2018 551h Avenue Mill and Overlay) to Valley Paving, Inc. in the amount of $133,455.40. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city pavement management strategy has identified areas for maintenance and reconstruction activities in 2018. The city's complete streets policy is considered during maintenance and reconstruction improvement projects. Background 551h Ave N was originally scheduled for a 2 inch mill and overlay in 2019 per the 2016 Pavement Management Plan. As the adjacent Parkview Development is near completion and will receive the final pavement wearing course in 2018, it is recommended to complete the 55th Ave N rehabilitation one year earlier to bring the pavement surface back to a good condition. Completing these improvements earlier was also identified in the recently updated 2017 Pavement Management Plan. The improvements identified included reclaim and overlay for the first 350 feet west of Winnetka Ave and a 2 inch mill and overlay for the remainder of 551h Ave N to the west. There are minimal proposed utility improvements. The only tax-exempt property owner, other than the city, that will be assessed for the street work is Intermediate School District 287 for the property at 5530 Zealand Avenue North. The city clerk notified ISD 287 of its proposed assessment of $34,464.35 and of the public hearing that was held on February 12, 2018. The Engineer's opinion of probable construction cost for this project was $150,000. This compares to Valley Paving's bid of $133,455.40. The proposed project schedule is: • March 26, 2018 - award contract • Spring/summer 2018 - construction • Fall 2018 - substantial completion + Fall 2018 or Fall of 2019 - assessment hearing I:\RFA\PUBWORKS\2018\Council\1010 2018 55th Ave Mill and Overlay\2-12 approve plans and specs Funding The construction cost of $133,455.40 will be funded primarily by the street infrastructure fund, with a small amount of funding from the water fund. The assessments to tax-exempt properties on this project will provide a portion of the funding. The Intermediate School District 287 property at 5530 Zealand Avenue North received an original proposed assessment amount of $34,464.35, which will be re -assessed at the completion of the project to reflect actual construction cost. Attachments • Resolution • Engineer's Memo • Map of Proposed Project Area City of New Hope Resolution No. - 2018-47 Resolution awarding contract to Valley Paving, Inc. for construction of 2018 551h Avenue Mill and Overlay (Improvement Project No. 1010) WHEREAS, city staff has identified the need for the infrastructure improvements identified in project no. 1010; and, WHEREAS, the city engineer has presented the plans and specifications for the 2018 551h Avenue Mill and Overlay to the City Council for approval; and, WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with the 2018 55th Avenue Mill and Overlay project; and, WHEREAS, the base bid of $133,455.40 from Valley Paving, Inc. is the lowest responsible bid submitted; and, WHEREAS, funding is available through the street infrastructure fund. NOW, THEREFORE, BE IT RESOLVED: That the contract of public improvement project no. 1010, the 2018 551h Avenue Mill and Overlay project, is awarded to Valley Paving, Inc. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 26th day of March, 2018. Mayor Attest: City Clerk Stantec Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 March 20, 2018 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2018 55th Avenue North Street Improvements City Project No. 1010 Stantec Project No. 193804114 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2018 55th Avenue North Street Improvements Project on March 20, 2018. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There was a total of 8 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Low Valley Paving, Inc. $133,455.40 #2 GMH Asphalt Corporation $138,360.92 #3 Omann Contracting Co., Inc. $144,717.27 #4 Bituminous Roadways, Inc. $157,000.00 #5 Northwest Asphalt, Inc. $157,136.10 #6 Park Construction Co. $158,057.35 #7 Asphalt Surface Technologies Corp. $168,677.45 #8 Midwest Asphalt Services, LLC $181,580.00 The low Bidder on the Project was Valley Paving, Inc. with a Total Base Bid Amount of $133,455.40. This compares to the Engineer's Opinion of Probable Construction Costs of $150,000. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Valley Paving, Inc. should be awarded the Project on the Total Base Bid Amount of $133,455.40. Should you have any questions, please feel free to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. Enclosure Design with coMMUniiy in Mind I hereby certify that this is an exact tanWr- Project Name: 55TH Avenue North �7{. 1 ��rC Street Im rovements MyWactw ofbi&received. City Project No.: 1010 Project No.: 193804114 &4� W Bid Opening: Tuesday, Mardi 20, 2018 at 10 A.M., DST Owner: City of New H❑ e, MN pirestapher W. Long, PE License No. 47106 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 BID TABULATION Valley Paving, Inc. GMH Asphalt Corp. Omann Contracting Companies, Inc. Bituminous Roadways Item Hum Item Units Unit Price Total unit Price Total Unit Price Total Unit Price Total 1 BASE BID MOBILIZATION LS 1 $5,000.00 $5,000.00 $3,689.00 53,689.00 $3,500.00 $3,500.00 $8,048.00 581048.00 2 TRAFFIC CONTROL LS 1 $2,080.00 $2,060.00 $2,427.00 $2,427.00 $1,100.00 $11300.00 $2,400.00 $2,400,p0 3 MILL BITUMINOUS SURFACE - 2" DEPTH SY 7200 $0.82 $5,904.00 $1.36 $9,792.00 $1.69 $12,168,001 $2.30 $16,560.00 4 FULL DEPTH RECLAMATION SY 1200 $3.85 54,620.00 $4.34 $5,208.DO $5.38 $6,456.00 $4.80 $5,760.00 5 REMOVE BITUMINOUS PAVEMENT SY 220 $3.75 $825.00 $2.00 5440.00 $5.38 $1,183,60 $8.30 $1,826.00 6 REMOVE CURB & GUTTER LF 235 $9.35 $2,197.25 $7.50 $1,762.50 $7.32 $1,720.2a $7.70 $11809.50 $1,000.00 7 BITUMINOUS DRIVEWAY PATCH SY 50 $44.00 $2,200.00 $17.00 $850.00 $3,323.50 $56.00 $80.00 $2,800.D0 $4,000.00 $20.00 $80.00 $4,000.00 8 6" CONCRETE DRIVEWAY PATCH SY SY 50 100 $74.00 $78.00 $3,700.00 $7,800.00 $66.47 $75.96 57,5%.00 $85.00 $8,500.00 $84.90 $8,490.00 9 7" CONCRETE DRIVEWAY PATCH CY 200 $25.00 $5,000.00 $1.00 5200.00 $10.00 $2,000.00 $22.20 $4,110.00 10 11 COMMON EXCAVATION SUBGRADE EXCAVATION CY 50 $25.00 $1,250.00 $1.00 $50.00 $20.00 $1,000.00 $26.90 $1,345.00 12 AGGREGATE BASE CLASS 5 TON 200 $0.01 52.00 $1.00 $200.00 $12.20 $2,440.00 $24.00 $4,800.D0 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TON 1050 $55.60 $58,380.00 $60.89 03,934.50 $60.66 $63,693.OD $56.00 $58,800.00 14 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) TON 132 $66.00 $8,712.00 $60.35 $7,966.20 $66.66 $8,799.12 $66.00 $8,712,00 15 BITUMINOUS PATCHING MIXTURE TON 65 $96.00 $6,24D.00 $166.75 $10,538.75 $87.00 $5,655.00 $100.00 $6,500,00 16 BITUMINOUS MATERIAL FOR TACK COAT GAL 420 $1.60 $672.0D $0.01 $4.20 $2.75 $1,155.00 $4.50 51,890.00 17 CONCRETE CURB AND GUTTER DESIGN B618 LF 235 $21.06 $4,949.10 $31.60 $7,426.00 $22.90 $5,381,50 $25.00 $5,875.00 18 REPLACE SANITARY CASTING AND RINGS EA 6 $830.00 $4,980.00 $680.00 $4,080.00 $650.00 $3,900.00 $800.00 $4,80D.00 19 REMOVE & REPLACE WATER GATE VALVE BOX TOP EA 2 $500.00 $1,000.00 $360.00 $720.00 $425.00 $850.00 $300.00 $600.00 20 4" DOUBLE SOLID YELLOW LINE - PAINT LF 2200 $0.37 $814.00 $0.37 $814.00 $0.37 $0.19 $814.00 $418.00 $0.35 $0.15 $770.Do $330.00 21 4" SOLID WHITE LINE - PAINT LF 2200 55 $0.19 $2.81 $418.00 $154.55 $0.16 $3.17 $352.00 $174.35 $2.79 $153.45 $3.10 $170.50 22 24" SOLID WHITE LINE - PAINT LF SF 90 $6.45 MOM $2.11 $189.90 $6.40 $576.00 $2.10 $189.00 23 ZEBRA CROSSWALK PAINT SF 35 $41.60 51,456.00 $47.48 $1,661.80 $46.44 $1,625.40 $46.00 $1,610.00 24 25 SIGN PANELS TYPE C LOAM TOPSOIL BORROW (LV) CY 40 $44.90 $1,796.00 $47.48 51,899.20 $51.60 $2,054.00 $45.00 SIA00.00 26 SEED WITH EROSION CONTROL BLANKET SY 250 $2.34 $585.00 $2.37 $592,50 $2.06 $515.00 $5.30 $1,325.00 27 STORM DRAIN INLET PROTECTION EA 8 $80.00 $640.00 $118.69 $949.52 $100.00 $BDO.OD $225.00 51 800.00 28 STREET SWEEPER WITH PICKUP BROOM HR 10 $150.00 $1 500.00 $122.00 $i 220.00 $145.00 $1.450.00 $135.00 $11350.00 TOTAL BASE BID $133,455.40 1138,360.92 $i44,717.27 $157,000.00 Contractor Name and Address: Valley Paving, Inc. GMH Asphalt Corp. Omann Contracting Companies, Inc. Bituminous Roadways, Inc. $800 13th Ave. E. 9180 Laketown Road 6551 Labeaux Ave. NE 1520 Commerce Dr. Shakopee, MN 55379 Chaska, MN 55318 Albe"lle, MN 55301 Mendota Heights, MN 55120 Phone: 952-445-8615 brent valle avinG.com 952-442-4288 gmh(4gmha$phalt.com 763-497-8259 Ravin omannin .com 651-686-7001 estimating 6M bitroads. com Email: Signed By: Brent Carron Brandon E. Butorac Kelly Omann Sohn Kittleson Title: Vice President vice President President President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: I None 193804114 BidTab.xlsm BT-1 Bidder No. 5 Bidder No. 6 Bidder No. 7 Bidder No. 8 BID TABULATION Northwest Asphalt, Inc. Park Construciton Co. Asphalt Surface Technologies Corp. aka ASTECH Corp. Midwest Asphalt Services, LLC Item Hum Item Units t Unit price Total Unit Price Total Unit Price Total Unit Price Total 1 BASE BID MOBILIZATION LS 1 $20,000.00 $20,000.00 $12,000.00 $12,000.D0 $15,000.00 $15,000.00 $8,000.00 $3,000.00 2 TRAFFIC CONTROL LS 1 $2,400.00 $2,400.00 $2,350.00 $2,350.00 $2,525.00 $2,525.00 $6,000.00 $6,000.00 3 MILL BITUMINOUS SURFACE - 2" DEPTH SY 7200 $1.25 $9,000.00 $1.30 $9,360.00 $1.20 $8,640.00 $2.00 $14,4D0.D0 4 FULL DEPTH RECLAMATION SY 1200 $2.54 $3,048.00 $4.75 S5,7D0.00 $7.35 $8,820.00 $4.00 $4,800.00 5 REMOVE BITUMINOUS PAVEMENT SY 220 $6.00 $1,320.00 $8.85 $1,947.00 $9.00 $1,980.00 $20.00 $4,400.00 6 REMOVE CURB & GUTTER LF 235 $9.00 $2,115.00 $10.30 $2,420.50 $5.75 $1,351.25 $12.00 $2,820.00 7 BITUMINOUS DRIVEWAY PATCH SY 50 $35.00 $1,750.00 $61.00 $3,050.00 $42.00 $2.100.00 $50.00 $2,500.00 8 6" CONCRETE DRIVEWAY PATCH SY 50 $57.50 $2,875.00 $77.30 $3,865.00 $71.00 $3,550.00 $90.00 $4,500.00 9 7" CONCRETE DRIVEWAY PATCH SY 100 $62.10 $45,210.00 $79.00 $7,900.00 $77.00 $7,700.00 $100.00 510,000.00 10 COMMON EXCAVATION CY 200 $21.25 54,250.00 $20.10 $4,020.00 $21.50 $4,3D0.00 $34.00 $6,8D0.00 11 SUBGRADE EXCAVATION CY 50 $24.50 $1,225.00 $25.20 $1,260.00 $22.50 $1,125.00 $85.00 $4,250.00 12 AGGREGATE BASE CLASS 5 TON 200 $18.65 $3,730.00 $25.40 $5,080.00 $21.50 $4,300.00 $25.00 $5,0D0.D0 565,100.00 13 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TON 1050 $62.56 $65,688.00 $59.80 $62,790.00 $61.00 $64,050.p0 $62.00 14 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) TON 132 $68.85 $9,088.20 $67.90 $8,949,60 $58.85 $7.768.20 $75.00 $9,900.00 15 BITUMINOUS PATCHING MIXTURE TON 65 $76.51 $4,973.15 $111.00 $7,215.00 $200.00 513,000.00 $100.00 $6,500.00 16 BITUMINOUS MATERIAL FOR TACK COAT GAL 420 $2.75 $1,155.00 $1.80 $755.00 $3.00 $1,260.00 $2.00 $840.00 17 CONCRETE CURB AND GUTTER DESIGN B618 LF 235 $20.25 $4,758.75 $20.70 $4,864.50 $33.00 $7,755.00 $40.00 $9,400.00 18 REPLACE SANITARY CASTING AND RINGS EA 6 $685.00 $4,110.00 $888.00 $5,328.0D $600.00 530100 $970.00 $5,820.00 19 REMOVE & REPLACE WATER GATE VALVE BOX TOP EA 2 $650.00 $1,300.00 $547.00 $1,094.00 $450.00 5900.00 $490.00 $980.00 20 4" DOUBLE SOLID YELLOW LINE - PAINT LF 2200 $0.35 $770.00 $0.36 $792.00 $0.36 $792.00 $0.40 5880.0D 5440.00 21 4" SOLID WHITE LINE - PAINT LF 2200 $0.15 $330.00 $0.15 $330.00 $0.17 $374.00 $0.20 22 24" SOLID WHITE LINE - PAINT LF 55 $3.00 $165.00 $3.05 $167.75 $3.30 $181.50 $3.00 $165.00 23 ZEBRA CROSSWALK PAINT SF 90 $2.00 $180.00 $2.05 SI84.50 $2.20 $198.DD $7.00 5630.00 24 SIGN PANELS TYPE C SF 35 $45.00 $1,575.00 $45.90 $11606.50 $49.50 $1,732.50 $45.00 $1,S75.DD 25 LOAM TOPSOIL BORROW (LV) CY 40 $48.00 $1,920.00 $49.30 $1,972.00 $40.00 $1,600.00 $46.00 $1,840.D0 26 SEED WITH EROSION CONTROL BLANKET SY 250 $3.00 $750.00 $2.30 $575.00 $2.50 $625.00 $6.00 $000.00 $1,040.00 27 STORM DRAIN INLET PROTECTION EA 8 $150.00 51,200.00 $150.00 $1,2D0.00 $225.00 $1,800.00 $130.00 $1,500_00 28 STREET SWEEPER WITH PICKUP BROOM HR 10 $125.00 $1,250.00 $128.00 $1,280.00 $165.00 $1.650.00 $150.00 TOTAL BASE BID $157,136.10 $158,057.35 $168,677.45 $181,580.00 Contractor Name and Address' Northwest Asphalt, Inc. Park Construction Company Northdale Construction Co., Inc. MldweSt Asphalt Services, LLC 1451 Stagecoach Rd. 1481 81st Ave. NE 9760 71st Street NE 6340 Industrial Dr. Shakopee, MN 55379 Mpls., MN 55432 Albertville, MN 55301 Eden Prairie, MN 55346 Phone: 952-445-1003 763-786.9800 chR"innarkconsiructionco.eom 763-428-4868 952.937-8033 kstichaairiidwestasphait.net Email: nhendriason nwasnhall.net phili@nodhdatecconsi.com Charles Borene Matthew J. Timmers Signed By: Noah Hendrickson Philip B. Lesnar Title: Estimator Vice President President Vine President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: 193804114 BidTab.xlsm BT-2 ew Hope Golf Course # BgSs CAKE (C it i : - r10) f ' ; 56TH AVE N ' ' •. - Z h lcxmed F]cs 2 ,'` W N nn rd!IDS Q Q m� > Q ^' 55TH AVE N Q Y I" lm- W ±r Z w z_ > Z.W, 13egin Park, Q W x. �- ¢ o z Z = '- W } x 54TH AVE N xp. a « y »r} ` 1h i.a I R'1• iENOWNEW 1 ti R• � 1 nl'ra! 46 i j .. :. ► f - '. r moor 5,15T.,AVE N lk Crystal 0 o e Plymouth [j ohbms ale CP RAIL_ -"— �Y Figure 1 Proposed Project Area New Hope, Minnesota 2018 55th Ave N. Improvements School Locations ♦ Church Parks Reclaim & Overlay Mill & Overlay Stantee o ns aso Fees GORDON L. JENSEN' MELANIE P. PERSELLIN213 STEVEN A. SONDRALL STAGY A. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed in IllinoislColorado jQualVfiedo Neutral Mediator under Rule 114 JENSENSONDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT LAW April 11, 2018 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE_ 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (763) 493-5193 WWVVJSPWlaW.com Re: 2018 55th Ave. N. Street Improvements City Project No. 1010 Our File No.: 99.1003 Dear Val: Writer's Direct Dial No.: (763) 201-0265 e-mail saw@jspwlaw.com personal delivery Enclosed please find four copies of the contract with Valley Paving, Inc., a Minnesota corporation. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificates of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. Sincerely, Stacy A. oods, Assistant City Attorney, City of N w Hope Enclosures cc: Steven A. Sondrall, City Attorney Bernie Weber, Public Works Director Chris Long, City Engineer PAAttorney\SAS\1 Client Files\2 City of New Hope\99-:0030 (Public Works general)\Leone ]tr - 2018 55th Ave. N. Street Improvements- Project 1010.docx 4/U/2018 Business Filing Details Business Record Details Minnesota Business Name Valley Paving, Inc. Business Type Business Corporation (Domestic) File Number 31-980 Filing Date 01/18/1979 Renewal Due Date 12/31/2018 Number of Shares 500,000,000 Chief Executive Officer Richard Carron 880013th Ave E Shakopee, MN 55379 USA Filing History Filing History MN Statute 302A Home Jurisdiction Minnesota Status Active / In Good Standing Registered Office Address 880013th Ave E Shakopee, MN 55379 USA Registered Agent(s) (Optional) None provided Principal Executive Office Address 880013th Ave E Shakopee, MN 55379 USA Select the item(s) you would like to order: Order Selected Copies 0 Filing Date Filing [] 01/18/1979 Original Filing - Business Corporation (Domestic) 01/18/1979 Business Corporation (Domestic) Business Name (Business Name: Valley Paving, Inc.) Effective Date https://mblsportal.sos.state.mn.us/Business/SearchDetails?filingGuid=07121106-a2d4-e011-a886-001 ec94ffe7f 1/2 4/1 t/2018 Business Filing Details (J Filing Date Filing Effective Date 05/27/1980 Registered Office and/or Agent - Business Corporation (Domestic) 11/10/1981 Business Corporation (Domestic) Active Status Report 01/08/1988 Business Corporation (Domestic) Restated Articles 01/08/1988 Business Corporation (Domestic) Change of Shares 01/08/1988 Registered Office and/or Agent - Business Corporation (Domestic) 12/28/2012 Amendment - Business Corporation (Domestic) Change of Shares © 2018 Office of the Minnesota Secretary of State - Terms & Conditions https://mblsportal.sos.state.mn.us/Business/Search Details?fiIingGuid=07121106-a2d4-e011-a886-001ec94ffe7f 2/2 VALLEY IPAV I N INCORPORATED 8800 13th AVENUE EAST SHAKOPEE, MN 55379 PHONE (952) 445-8615 FAX (952) 445-0355 www.valleypaving.com April 02, 2018 City of New Hope C/O Steven Sondrall Jensen Sondrall Persellin & Woods, P.A. Brooklyn Park, MN 55443-1968 Re: 2018 / 55th Avenue North Street Improvement / City of New Hope, MN Please find enclosed the executed Contract, Payment/Performance Bond and Insurance Certificate for the above noted project, for further process. Should you have any questions or concerns, please contact our office at 952-445-8615. We thank you for the opportunity to work with you. Sincerely, Office Manager Encl. 100% RECYCLABLE Affirmative Action / Equal Opportunity Employer A VETERAN OWNED COMPANY a 101, 1 lom"imin- April 12, 2018 Mr. Brent Carron Valley Paving, Inc. 8800 1311, Avenue East Shakopee, MN 55379 SUBJECT: 2018 551h Avenue Mill and Overlay Improvements City Project 1010 At its meeting of March 26, 2018, the New Hope City Council approved the contract with your company for project no. 1010 for $133,455.40. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604-4808 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC-134 cc: Bernie Weber, director of public works Chris Long, city engineer CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Project Manual For 2018 55t" Avenue North Street Improvements Prepared for: City of New Hope, Minnesota City Project No. 1010 (3 Stantec March 2018 Stantec Project No. 193804114 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS 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. ellie M. Schlegel, P.E. Date: March 6, 2018 License # 46200 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2018 Stantec 1 193804114 0001 05 -1 This Page Lett Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 0011 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form 0041 13 Bid Form Attachment A Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements Division 02 - Existing Conditions 0241 13 Selective Site Demolition SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 2300 Excavation and Fill 31 23 13 Subgrade Preparation Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 32 11 25 Full Depth Reclamation 32 1201 Flexible Paving for Municipal Projects 3213 14 Concrete Walks, Medians and Driveways 32 16 13 Curbs and Gutters 32 1723 Pavement Markings 32 92 00 Turf and Grasses TABLE OF CONTENTS © 2018 Stantec 1 1938041 14 0001 10- 1 Division 33 - Utilities 3305 17 Adjust Miscellaneous Structures Division 34 — Transportation 3441 05 Traffic Signs and Devices END OF SECTION TABLE OF CONTENTS © 2018 Stantec 1 1938041 14 0001 10 - 2 l SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Tuesday, March 20, 2018, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2018 55th Avenue N Street Improvements Pro ect - City Project No. 1010 In general, Work consists of a 2" mill and overlay and full depth reclamation including spot replacements of sanitary sewer castings and frames. The Project consists of the following approximate quantities: 7,200 SY Mill Bituminous Pavement 1,200 SY Full Depth Reclamation 235 LF Remove & Replace B618 Concrete Curb & Gutter 75 TN Class 5, Aggregate Base 1,050 TN Bituminous Pavement 6 EA Replace Sanitary Casting and Rings 2,200 LF Roadway Striping Along with miscellaneous restoration, signing, striping and correlated appurtenances. Complete digital Bidding Documents are available at www.guestcdn.com for $20 by inputting QuestCDN e_BidDoc #5564107 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Ann Dienhart, at (651) 604-4725. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota © 2018 Stantec 1 193804114 ADVERTISEMENT FOR BIDS 0011 13-1 This Page Left Blank Intentionally SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 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 2.02 Complete sets of Bidding Documents 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. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid 1 Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. 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. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. 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 called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 1938041 14 0021 13 - 1 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 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 drawings. 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 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 4.06 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 drawings. 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 identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 1938041 14 0021 13 - 2 4.05 On request, Owner will provide Bidder access to the Site 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 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. 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, if any, 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; 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 INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 1938041 14 0021 13 - 3 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 There will be no Pre -Bid Conference, 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 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 INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 1938041 14 0021 13 - 4 believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 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 7 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 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 5 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. -INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 1938041 14 0021 13 - 5 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. 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 section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 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 and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall conlain 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. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 1938041 14 0021 13 - 6 B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid 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 Bid Unit Prices will be resolved in favor of the Bid 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. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids 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 Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. 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 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids 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 after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE i 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 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 1938041 14 0021 13 - 7 19.02 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. 19.03 More than one Bid for the same Work from an individual or entity under the some or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 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. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 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. 19.06 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. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 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 performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award 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 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804114 0021 13 - 8 ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with § 16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. i END OF SECTION INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 1938041 14 0021 13 - 9 This Page Left Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated December 4, 2017, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled "Report of Geotechnical and Pavement Engineering Services: 5511 Avenue Improvements from Winnetka Avenue to Cul-de-Sac New Hope, Minnesota." PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2018 Stantec 1 1938041 14 0031 00- 1 Ihis Page Left Blank Intentionally kmRICAN ENGINEERINGm TESTING, INC. CONSULTANTS • ENVIR0NMENTAL • GEOTFCHNICAL • MATERIALS • FCRF-NSICS www.amengtost.com REPORT OF GEOTECHNICAL AND PAVEMENT ENGINEERING SERVICES 551h Avenue Improvements From Winnetka Avenue to Cul-de-Sac New Hope, Minnesota AET Report No. 28-01347 Date: December 4, 2017 Prepared for: City of New Hope Mr, Bernie Weber Director of Public Works 5500 International Parkway New Hope, MN 55428 vs tj AMERICAN ENGINEERING TESTING, INC, December 4, 2017 City of New Hope Mr. Bernie Weber Director of Public Works 5500 International Parkway New Hope, MN 55428 RE: Report of Geotechnical and Pavement Engineering Services 55t11 Avenue Improvements Winnetka Ave, to cul-de-sac West of Zealand New Hope, Minnesota AET Report No. 28-01274 Dear Mr. Weber: CONSULTANTS ENVIRONMENTAL G EOTECHN ICAL • MATERIALS FORENSICS American Engineering Testing, Inc. (AET) is pleased to present the results of our pavement engineering services for the referenced project in New Hope, Minnesota. These services were performed according to our proposal to you dated October 31, 2017, and authorized on November 1, 2017, We are submitting this email copy of the report to you. An email copy along with digital content is also being sent to Ann Dienhart of Stantec. Paper copies are available upon request. Please contact me if you have any questions about the report. I can also be contacted for arranging construction observation and testing services. Sincerely, American Engineering Testing, Inc. Melanie Fiegen, P.E. Senior Pavement Engineer (651)603-6618 mfiegen c�r_,amengtest.com 550 Cleveland Avenue North I St. Paul, MIN 65114 Phone 651-659-9001 I Tall Free 00-972-6364 Fax 651-659-1379 1 www.amengtest.com I AA/EEO 4 it document sholl not he reproduced, except in full, without written approval from American Engineering sling, Inc. Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. SIGNATURE PAGE Prepared for: City of New Hope 5500 International Parkway New Hope, MN 55428 Attn: Mr. Bernie Weber Director of Public Works Report Authored By: Prepared by: American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 (651) 659-9001/www.amengtest.com Peer Review Conducted By: c� �v Melanie Fiegen, P.E. Chunhua Han, Ph.D., P.E. Senior Pavement Engineer Principal Engineer, Geotechnical Division 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 Date: Dccember 4. 2017 License #: 16711 1 Copyright 2017 American Engineering Testing, Inc. All Rights Reserved Unauthorized use or copying of this document is strictly prohibited by anyone other than the client for the specific project. Page ii Report of Gcotcchnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota December 4, 2017 AET Report No. 28-01347 TABLE OF CONTENTS AMERICAN ENGINEERING TESTING, INC. TransmittalLetter............................................................................................................................. i SignaturePage................................................................................................................................ ii TABLEOF CONTENTS............................................................................................................... iii 1.0 INTRODUCTION.................................................................................................................... 1 2.0 SCOPE OF SERVICES............................................................................................................ 1 3.0 PROJECT INFORMATION..................................................................................................... 1 4.0 SUBSURFACE EXPLORATION AND PAVEMENT TESTING .......................................... 2 4.1 Pavement Thickness Testing................................................................................................. 2 4.2 Subsurface Exploration.......................................................................................................... 3 4.3 Laboratory Testing................................................................................................................ 3 5.0 TEST RESULTS....................................................................................................................... 4 5.1 Pavement Thickness.............................................................................................................. 4 5.2 Subsurface Soils/Geology...................................................................................................... 4 6.0 Bituminous Overlay Milling and Preparation....................................................................... 5 7.0 LIMITATIONS......................................................................................................................... 7 Figure 1 — Approximate Boring Locations Figure 2 — Pavement Thickness by GPR APPENDIX A Ground Penetrating Radar Field Exploration and Testing GPR Data and Analysis Result Sheets APPENDIX B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Core Photos Subsurface Boring Logs Material Test Report APPENDIX C Geotechnical Report Limitations and Guidelines for Use Page iii Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. 1.0 INTRODUCTION Improvements are proposed for 55th Avenue North between Winnetka Avenue N. and the cul-de- sac west of Zealand Avenue N. in New Hope, Minnesota. To assist planning and design, you have authorized American Engineering Testing, Inc. (AET) to conduct a GPR survey, subsurface exploration program at the site, and perform a geotechnical and pavement engineering review. This report presents the results of our services. 2.0 SCOPE OF SERVICES AET's services were performed according to our proposal to you dated October 31, 2017. The authorized scope consists of the following: Perform a Ground Penetrating Radar (GPR) survey of the roadway identified in a sketch supplied by your consultant, Stantec. • Drill and sample three (3) direct push (Geoprobe°) borings to nominal depth of 4 feet. • Drill and sample pavement cores at two (2) of the locations to serve as ground truth information for the GPR analysis. • Analyze the GPR data for pavement thickness information. • Prepare an engineering report summarizing the test results and providing recommendations for the suitability of a 2-inch mill and overlay. These services are intended for geotechnical purposes. The scope is not intended to explore for the presence or extent of environmental contamination. 3.0 PROJECT INFORMATION The project consists of rehabilitation of 55th Avenue North between Winnetka Avenue North on the east and the cul-de-sac west of Zealand Avenue North on the west. We understand the preferred rehabilitation method is mill and overlay and existing grades should be maintained. Page 1 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. The above stated information represents our understanding of the proposed construction. This information is an integral part of our engineering review. It is important that you contact us if there are changes from that described so that we can evaluate whether modifications to our recommendations are appropriate. 4.0 SUBSURFACE EXPLORATION AND PAVEMENT TESTING 4.1 Pavement Thickness Testing 4. L I GPR testing The pavement thickness testing program conducted for the project consisted of a high speed (air coupled) GPR antenna collecting the pavement thickness data at four scans per foot. The data was collected using a 2 GHz antenna, which allows material layer measurements at depths of 18 to 24 inches with a resolution less than about %2-inch. The test data and details of the methods used appear in Appendix A. The GPR data was collected on November 8, 2017. Scans of the pavement were collected according to SIR-20 processor settings established by GSSI RoadScan system, approximately in the middle of the traveling lane and in two directions of travel. A calibration file, required for data post -processing, was collected prior to testing. The GPR interface identification was accomplished using RADAN 7, a proprietary software package included with the GSSI RoadScan system. The software includes tools to aid in delineating pavement layer transitions and automatically calculates the layer depths from the pavement surface using the calibration file(s) collected prior to testing. The identified layer was also compared to the boring data to validate the accuracy of the layer thicknesses. The total depth of pavement is not always explicitly clear. Where gaps in clear identification of pavement and base layer thicknesses are encountered, they are shown on the summaries. Factors influencing definition of radar scans include ambient electromagnetic interference, the presence of Page 2of7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. moisture, the presence of voids, and the similarity of material layer type between layers (gravel vs. gravelly sand). 4.1.2 Pavement Coring At the locations shown in the attached Figure 1, which were chosen by Stantec, we obtained two four -inch diameter cores with a diamond bit coring machine. The cores were returned to the laboratory for thickness measurement. The results are included in the boring logs. We also obtained photographs of each core, which are attached in Appendix B. 4.2 Subsurface Exploration For the tested roadways, the subsurface exploration program consisted of three direct push (Geoprobe°) borings. The initial number and approximate locations of our borings were chosen by Stantec. The locations were marked in the field by AET prior to drilling. The approximate locations of the borings are illustrated on the attached Figure 1. Subsurface boring logs and details of the drilling methods used appear in Appendix B. The logs contain information concerning soil layering, soil classification, and geologic description. 4.3 Laboratory Testing We performed a sieve analysis test of a composite sample of the apparent aggregate base from borings BC-1 and BC-2. The results, which are included in Appendix B, indicate the material does meet the gradation requirement of a MnDOT Class 5 aggregate base. We performed moisture content and organic content tests of a peat sample retrieved from boring BC-2, and the results are attached in Appendix B. Page 3 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. 5.0 TEST RESULTS 5.1 Pavement Thickness 5.1.1 GPR Results A summary of the GPR data is attached in Appendix A. Table 5.1 provides a statistical summary of the average and 15"' percentile thicknesses of the surfacing layers determined from the GPR survey, as well as the coefficient of variation (CV) of the average thickness. Figure 2 is attached at the end of this report and shows the pavement surface thickness geographically. Table 5.1— Pavement Thickness Information - GPR Section GPR Thickness Information Bituminous Aggregate Base Avg, in. CV* 1 15th, in. Avg, in. CV* 15th, in. 55t" Ave N 3.9 16% 3.5 10.6 19% 7.7 Note: CV is the standard deviation divided by the mean, which provides a measurement of the amount of variation in a data set. The lower the value of CV, the more the overall data approximate to the mean. CV is also a useful statistic for comparing the degree of variation from one data set to another, even if the means are drastically different from each other. 15" denotes the 15`h percentile and the value that 85% of the pavement layer thickness is greater than. 5.1.2 Core — Geoprobe Results The pavement surfacins4 is bituminous at each of the sampled locations. The bituminous thickness at the boring locations ranged from 3.7 inch to 4.1 inches. In general, base/subbase material consisting of sand with silt, silty sand and sand with varying amounts of gravel (classified as A-1- b, A-2-4, and A-3) was found beneath the bituminous layer with thicknesses ranging from 10.5 to 13.5 for the base and sand subbase extending to approximately 2 to 3 feet below the surface. Please review the boring logs for specific information. 5.2 Subsurface Soils/Geology Below the aggregate base/subbase material, the direct push and hand auger boring encountered fill soils that were classified as A-1-b, A-2-4, A-2-6, and A-6. We planned to sample to a 4-foot depth. However, at boring BC-2, the initial sampling retrieved less than 30 inches so a second push was made. It was this second sampling that encountered peat at a depth of 4.5 feet below the surface Page 4 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. and extending to the boring completion depth. Although the subgrade correction is not planned at this time, the material has a very high organic content and should be considered if/when utility work is next performed. Please review the boring logs for specific information. 6.0 BITUMINOUS OVERLAY MILLING AND PREPARATION This procedure removes the upper portion of the existing bituminous, but leaves the lower portion in place; hence, improvement to the base and subgrade layers is not possible. This approach requires sufficient thickness of bituminous such that enough bituminous remains to prevent the paving equipment from breaking through into the base layer; this remaining thickness is typically considered to be at least P/Z inches, and even this depends on the bituminous condition (stripped or severely deteriorated bituminous pavement is not suitable). Note that with the mill and overlay approach, cracks from the existing pavement will reappear in the new surface layer after a short time (reflective cracking). For cold milling, the forward speed of the machine, rotational velocity of the rotating drum, spacing of the carbide bits, and grade control of the cutting head should be closely controlled to produce a uniform texture throughout the project. The longitudinal profile should be held as close as practical to the same tolerance as new construction, since the milled profile will have a significant impact upon the ride of the overlaid pavement, especially when only a single lift of overlay is placed. Normally, the recommended milling depth corresponds to the lift thickness of the original pavement. The cores show a top lift ranging from 11/ to 2 inches. It is best to remove the entire layer as the bottom of the lift is typically where bonding and stripping issues occur. The depth of milling may require adjustment in the field to ensure that a full layer is removed and that portions of a layer are not left bonded to the underlying surface. Additionally, if there is a large amount of stripping present, the milling depth should be sufficiently deep to remove the stripped areas. The milling depth can be adjusted to remove areas with significant stripping present, or if the stripping is limited only to a few transverse cracks, a smaller milling machine can be brought in the remove Page 5 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. additional material in these areas. Patching can be performed after the milling operation for cases where a minimal amount of stripping is present or in the areas where cracks are milled deeper than the remaining roadway. It is recommended that a tack coat is applied between all bituminous layers and prior to placing any bituminous mixtures on the milled surface. The bituminous tack coat material should be applied at an undiluted uniform rate of 0.08 to 0.10 gal/yd2 on the un-milled bituminous surface and 0.07 to 0.11 gal/yd2 on the milled bituminous surface prior to being overlaid. The asphalt emulsion may be diluted by the supplier in accordance with MnDOT Spec. 2357. Prior to overlaying, it is recommended that deteriorated cracks and wheel -path areas are air blasted and power swept to remove loose material. Air blasting should be completed with high pressure (minimum of 100 psi) equipment. Removal of material at some deteriorated locations may require the use of a small milling machine or handwork, in addition to the high-pressure air blasting. Regardless of the patch depth, it is important to remove the entire existing deteriorated pavement. Depressions resulting after air blasting, sweeping, or milling operations that are greater than 1.5 inches in depth and width should be filled with a Bituminous Patching Mixture meeting MnDOT Spec. 2231 and compacted with a small vibratory or pneumatic roller. Depressions equal to or less than 1.5 inches in depth and width can be filled with the bituminous overlay mixture. Consideration should be given to allow traffic to drive over deteriorated joints/cracks, after backfilling (if there is a large number of these distressed locations) with the recommended bituminous mixtures and proper compaction, for a period of seven days prior to placement of the wear course mixture. The proposed seven-day delay period will permit traffic to apply additional compaction to the joint/crack backfill. If further compaction is not deemed necessary, then patching of depressions greater than 1.5 inches in depth and width can be completed ahead of the paver and compacted with a small vibratory or pneumatic roller. As previously stated, the smaller depressions will be filled in by the wearing course paving operations. Page 6 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. Please note that since this will be a bonded overlay (i.e., bonded to the milled surface), the amount of pre -overlay repair that must be performed on the existing pavement is critical to the performance of the overlay. Similarly, reflection crack control measures must be applied to these overlays, such as the selection of bituminous mixture and PG binder type and saw and seal on the overlay. Depending upon the frequency of existing transverse cracks it may be prudent to select a bituminous mixture and PG binder that will crack at the existing frequency but be more resistant to degradation from environmental effects such as moisture. As a general rule, all the distress types in an existing pavement that are likely to affect the performance of an overlay within a few years should be repaired. The bituminous mixture should meet the most current MnDOT Spec. 2360 (Plant -Mixed Asphalt Pavement) requirements. Compaction of all bituminous mixtures should be by the "Maximum Density Method." 7.0 LIMITATIONS Within the limitations of scope, budget, and schedule, our services have been conducted according to generally accepted geotechnical engineering practices at this time and location. Other than this, no warranty, express or implied, is intended. Important information regarding risk management and proper use of this report is given in Appendix C entitled "Geotechnical Report Limitations and Guidelines for Use." i Page 7 of 7 Y . _00 — co R r M 91 76 7 � ❑ 1!'7 _ f Veryins�a AVe-i�l• a' w to I s ttipuhW=v[si�.k�-- N•'an�j-iis�eiea;� ' r M , i u UJ ILI IT Mr 4J � R Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope Streets AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing GPR Data and Analysis Results Sheets Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01347 A.1 FIELD EXPLORATION The pavement structural conditions at the site were evaluated nondestructively using Ground Penetrating Radar (GPR). The description of the equipment precedes the GPR Data and Analysis Results in this appendix. A.2 EQUIPMENT DESCRIPTION A.2.1 GSSI GPR Test System The GPR test system owned by AET is a GSSI Roadscan System that consists of a bumper -mounted, 2 GHz air - coupled antenna and a SIR-30 control and data acquisition processor, featuring dual channels. The GPR processor, including a SIR-30 data acquisition system, wheel -mounted DMI (Distance Measuring Instrument), and a tough book with the SIR-30 Field Program constitutes the newest, most sophisticated GSSI Test System, which fulfills or exceeds all requirements to meet ASTM-4748, ASTM D-6087 Standards. Figure Al provides a view of this equipment. The GPR antenna emits a high frequency electromagnetic wave into the material under investigation. The reflected energy caused by changes in the electromagnetic properties within the material is detected by a receiver antenna and recorded for subsequent analysis. The 2 GHz air -coupled GPR can collect radar waveforms at more than 100 signals per second, allows for data to be collected at driving speeds along the longitudinal dimension of the pavements or bridge decks with the antennas fixed at the rear or in front of the vehicle. The antenna used for Roadscan is the Horn Model 4105 (2 GHz). The 2 GHz antenna is the current antenna of choice for road survey because it combines excellent resolution with reasonable depth penetration (18-24 inches in pavement materials). The data collection is performed at normal driving speeds (45-55 mph), requiring neither lane closures nor causing traffic congestion. At this speed the 2 GHz antenna can collect data at 3-inch interval (4 scans/foot). The data were collected at a rate of about 4 vertical scans per foot. Each vertical scan consisted of 512 samples and the record length in time of each scan was 12 nanoseconds. Filters used during acquisition were 300 MHz high pass and 5,000 MHz low pass. In a GPR test, the antenna is moved continuously across the test surface and the control unit collects data at a specified distance increment. In this way, the data collection rate is independent of the scan rate. Alternatively, scanning can be performed at a constant rate of time, regardless of the scan distance. Single point scans can be performed as well. 1 Data is reviewed on -screen and in the field to identify reflections and ensure proper data collection parameters. Field testing is performed in accordance with the standard ASTM procedures as described in ASTM D 4695-96, "Standard Guide for General Pavement Deflection Measurements". A.2.2 System Calibrations Horn antenna processing is used to get the velocity of the radar energy in the material by comparing the reflection strengths (amplitudes) from a pavement layer interface with a perfect reflector (a metal plate). The calibration scan is obtained with the horn antenna placed over a metal plate at the same elevation as a scan obtained over pavement. Appendix A - Page 1 of 3 AMERICAN ENGINEERING TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01347 The same setting for data collection is used for metal plate calibration. Fifteen seconds are need for jumping up and down on the vehicle's bumper to collect the full range of motion for the vehicle's shocks. The filename of raw calibration file is recorded. Survey wheel is calibrated by laying out a long distance (> 50 feet) with tape measure. A.2.3 Linear Distance and Spatial Reference System Distance measuring instrument (DMI) is a trailer mounted two phase encoder system. When DMI is connected to the SIR-30 it provides for automatic display and recording distance information in both English and metric units with a 1 foot (0.3 meters) resolution and four percent accuracy when calibrated using provided procedure in the Field Program. Spatial reference system is a Trimble ProXH Global Positioning System (GPS) that consists of fully integrated receiver, antenna and battery unit with Trimble's new H-StarTM technology to provide subfoot (30 cm) post processed accuracy. The External Patch antenna is added to the ProXH receiver for the position of the loading plate. The External Patch antenna can be conveniently elevated with the optional baseball cap to prevent any signal blockage. A.2.4 Camera Monitoring System A battery operated independent GoPro Hero 5 HD camera with a SD card is used for easy positioning of the horn antenna or of the pavement surface condition at the testing locations. A.3 SAMPLING METHODS At the project level, the testing interval is set at 4 scans per foot in the Outside Wheel Path (OWP) = 2.5 ft f 0.25 ft (0.76 in f 0.08 m) for nominal 12 ft (3.7 m) wide lanes at a survey speed of approximately 30 mph. Where a divided roadbed exists, surveys will be taken in both directions if the project will include improvements in both directions. If there is more than one lane in one direction the surveys will be taken in the outer driving lane (truck lane) versus the passing lane of the highway. GPR tests are performed at a constant lateral offset down the test section. When GPR tests are performed on bridge decks, multiple survey lines -are followed transversely at 2-foot spacing between survey lines. At the network level, GPR tests on two scans per foot are set to be able to collect data on pavements at driving speeds, without statistically compromising the quality of the data collected. If GPR tests are for the in -situ characterization of material GPR data will be collected at six scans per foot at slower driving speeds. A.4 QUALITY CONTROL (QC) AND QUALITY ASSURANCE (QA) Besides the daily metal plate calibration, the DMI is also calibrated monthly by driving the vehicle over a known distance to calculate the distance scale factor. The GPR will be monitored in real time in the data collection vehicle to minimize data errors. The GPR units will be identified with a unique number and that number will accompany all data reported from that unit as required in the QC/QA plan. Scheduled preventive maintenance ensures proper equipment operation and helps identify potential problems that can be corrected to avoid poor quality or missing data that results if the equipment malfunctions while on site. The routine and major maintenance procedures established by the LTPP are adopted and any maintenance has been done at the end of the day after the testing is complete and become part of the routine performed at the end of each test/travel day and on days when no other work is scheduled. To insure quality data, the GPR assessments took place on generally dry pavement surfaces, and data was collected in each wheel path. A.5 DATA ANALYSIS METHODS A.5.1 Data Editing Field acquisition is seldom so routine that no errors, omissions or data redundancy occur. Data editing encompasses issues such as data re -organization, data file merging, data header or background information updates, repositioning and inclusion of elevation information with the data. A.5.2 Basic Processing Appendix A - Page 2 of 3 AMERICAN ENGINEERING TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01347 Basic data processing addresses some of the fundamental manipulations applied to data to make a more acceptable product for initial interpretation and data evaluation. In most instances this type of processing is already applied in ' real-time to generate the real-time display. The advantage of post survey processing is that the basic processing can be done more systematically and non -causal operators to remove or enhance certain features can be applied. The Reflection Picking procedure is used to eliminate unwanted noise, detects significant reflections, and records the corresponding time and depth. It uses antenna calibration file data to calculate the radar signal velocity within the pavement. A.5.3 Advance Processing Advanced data processing addresses the types of processing which require a certain amount of operator bias to be applied and which will result in data which are significantly different from the raw information which were input to the processing. A.5.4 Data Interpretation The EZ Tracker Layer Interpretation procedure uses the output from the first step to map structural layers and calculate the corresponding velocities and depths. A.6 TEST LIMITATIONS A.6.1 Test Methods The data derived through the testing program have been used to develop our opinions about the pavement conditions at your site. However, because no testing program can reveal totally what is in the subsurface, conditions between test locations and at other times, may differ from conditions described in this report. The testing we conducted identified pavement conditions only at those points where we measured pavement thicknesses and observed pavement surface conditions. Depending on the sampling methods and sampling frequency, every location may not be tested, and some anomalies which are present in the pavement may not be noted on the testing results. If conditions encountered during construction differ from those indicated by our testing, it may be necessary to alter our conclusions and recommendations, or to modify construction procedures, and the cost of construction may be affected. A.6.2 Test Standards Pavement testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. A.7 SUPPORTING TEST METHODS Soil Boring/Coring Field Exploration If both pavement thicknesses and subgrade soil types and conditions are desired the shallow coring/boring and sampling is used. The limited number of coring/boring is necessary to verify the GPR layer thickness data. Appendix A - Page 3 of 3 AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 Phone: (651) 659-9001 Fax: (651) 659-1379 SUMMARY OF PAVEMENT SURVEY PROJECT 55th Ave. N., New Hope, MN Test Date 1016116 PROJECT NO. 28-01347 SECTION 1 STREET 55th Avenue N. TERMINI Winnetka Ave. N. to cul-de-sac W of Zealand Ave. N. SUMMARY STATISTICS Units: inches Layer EB WB Averaq CV 15th Min. Average CV 15th Min, AC 4.1 10% 3.7 3.2 3.7 19% 3.2 1.6 GB 1 10.9 19% 7.9 7.4 1 10.4 19% 7.7 6.9 0 Ground Penetrating Radar Pavement Thickness Survey GPR Distance (ft) 500 1000 1500 2000 0.0 -2.0 ��•. -4.0 �` ---- ---- - - - - - s~ -6.0 -8.0 -10.0 A -12.0 -14.0 •® _ _ _ - -18.0 C-1 C-2 -20.0 C-3 EB AC ------- WB AC Core AC EB Base ------- WB Base Core GB Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. Appendix B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Core Photos Subsurface Boring Logs Material Test Reports Page 1 of 7 Appendix B Geotechnical Field Exploration and Testing AET Report No. 28-01347 B.1 FIELD EXPLORATION The subsurface conditions at the site were explored by drilling and sampling 3 direct push borings and 2 bituminous cores. The locations of the borings and cores appear on Figure 1. B.2 SAMPLING METHODS B.2.1 Split -Spoon Samples (SS) - Calibrated to N60 Values Standard penetration (split -spoon) samples were collected in general accordance with ASTM: D1586 with one primary modification. The ASTM test method consists of driving a 2-inch O.D. split -barrel sampler into the in -situ soil with a 140-pound hammer dropped from a height of 30 inches. The sampler is driven a total of 18 inches into the soil. After an initial set of 6 inches, the number of hammer blows to drive the sampler the final 12 inches is known as the standard penetration resistance or N-value. Our method uses a modified hammer weight, which is determined by measuring the system energy using a Pile Driving Analyzer (PDA) and an instrumented rod. In the past, standard penetration N-value tests were performed using a rope and cathead for the lift and drop system. The energy transferred to the split -spoon sampler was typically limited to about 60% of its potential energy due to the friction inherent in this system. This converted energy then provides what is known as an N60 blow count. The most recent drill rigs incorporate an automatic hammer lift and drop system, which has higher energy efficiency and subsequently results in lower N-values than the traditional N60 values. By using the PDA energy measurement equipment, we are able to determine actual energy generated by the drop hammer. With the various hammer systems available, we have found highly variable energies ranging from 55% to over 100%. Therefore, the intent of AET's hammer calibrations is to vary the hammer weight such that hammer energies lie within about 60% to 65% of the theoretical energy of a 140-pound weight falling 30 inches. The current ASTM procedure acknowledges the wide variation in N-values, stating that N-values of 100% or more have been observed. Although we have not yet determined the statistical measurement uncertainty of our calibrated method to October 11, 2011, we can state that the accuracy deviation of the N-values using this method is significantly better than the standard ASTM Method. B.2.2 Disturbed Samples (DS)/Spin-up Samples (SU) Sample types described as "DS" or "SU" on the boring logs are disturbed samples, which are taken from the flights of the auger. Because the auger disturbs the samples, possible soil layering and contact depths should be considered approximate. B.2.3 Direct Push Samples (DP) Sample types described as "DP' on the boring logs are continuous core samples collected by the direct push method. The method consists of a 2.125 OD outer casing with an inner 1.5 inch ID plastic tube driven continuously into the ground. B.2.4 Sampling Limitations Unless actually observed in a sample, contacts between soil layers are estimated based on the spacing of samples and the action of drilling tools. Cobbles, boulders, and other large objects generally cannot be recovered from test borings, and they may be present in the ground even if they are not noted on the boring logs. Determining the thickness of "topsoil" layers is usually limited, due to variations in topsoil definition, sample recovery, and other factors. Visual -manual description often relies on color for determination, and transitioning changes can account for significant variation in thickness judgment. Accordingly, the topsoil thickness presented on the logs should not be the sole basis for calculating topsoil stripping depths and volumes. If more accurate information is needed relating to thickness and topsoil quality definition, alternate methods of sample retrieval and testing should be employed. B.3 CLASSIFICATION METHODS Soil descriptions shown on the boring logs are based on the Unified Soil Classification (USC) system. The USC system is described in ASTM: D2487 and D2488. Where laboratory classification tests (sieve analysis or Atterberg Limits) have been performed, accurate classifications per ASTM: D2487 are possible. Otherwise, soil descriptions shown on the boring logs are visual -manual judgments. Charts are attached which provide information on the USC system, the descriptive terminology, and the symbols used on the boring logs. Appendix B - Page 1 of 2 AMERICAN ENGINEERING TESTING, INC. --, Appendix B i Geotechnical Field Exploration and Testing AET Re ort No. 28-01347 1 1 Visual -manual judgment of the AASHTO Soil Group is also noted as a part of the soil description. A chart presenting details of the AASHTO Soil Classification System is also attached. The boring logs include descriptions of apparent geology. The geologic depositional origin of each soil layer is interpreted primarily by observation of the soil samples, which can be limited. Observations of the surrounding topography, vegetation, and development can sometimes aid this judgment. I BA WATER LEVEL MEASUREMENTS The ground water level measurements are shown at the bottom of the boring logs. The following information appears under "Water Level Measurements" on the logs: • October 11, 2011 and Time of measurement • Sampled Depth: lowest depth of soil sampling at the time of measurement Casing Depth: depth to bottom of casing or hollow -stein auger at time of measurement • Cave-in Depth: depth at which measuring tape stops in the borehole • Water Level: depth in the borehole where free water is encountered 4 Drilling Fluid Level: same as Water Level, except that the liquid in the borehole is drilling fluid The true location of the water table at the boring locations may be different than the water levels measured in the boreholes. This is possible because there are several factors that can affect the water level measurements in the borehole. Some of these factors include: permeability of each soil layer in profile, presence of perched water, amount of time between water level readings, presence of drilling fluid, weather conditions, and use of borehole casing. 1 B.5 LABORATORY TEST METHODS B.5.1 Water Content Tests Conducted per AET Procedure 01-LAB-010, which is performed in general accordance with ASTM: D2216 and AASHTO: T265. B.5.2 Sieve Analysis of Soils (thru #200 Sieve) Conducted per AET Procedure 01-LAB-040, which is performed in general conformance with ASTM: D6913, Method A. B.6 TEST STANDARD LIMITATIONS Field and laboratory testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. B.7 SAMPLE STORAGE Unless notified to do otherwise, we routinely retain representative samples of the soils recovered from the borings for a period of 30 days. Appendix B - Page 2 of 2 AMERICAN ENGINEERING TESTING, INC. BORING LOG NOTES DRILLING AND SAMPLING SYMBOLS Symbol Definition B, H, N: Size of flush joint casing CA: Crew Assistant (initials) CAS: Pipe casing, number indicates nominal diameter in inches CC: Crew Chief (initials) COT: Clean -out tube DC: Drive casing; number indicates diameter in inches DM: Drilling mud or bentonite slurry DR: Driller (initials) DS: Disturbed sample from auger flights FA: Flight auger; number indicates outside diameter in inches HA: Hand auger; number indicates outside diameter HSA: Hollow stem auger; number indicates inside diameter in inches LG: Field logger (initials) MC: Column used to describe moisture condition of samples and for the ground water level symbols N (BPF): Standard penetration resistance (N-value) in blows per foot (see notes) NQ: NQ wireline core barrel PQ: PQ wheliue cote barrel RD: Rotary drilling with fluid and roller or drag bit REC: In split -spoon (see notes) and thin -walled tube sampling, the recovered length (in inches) of sample. In rock coring, the length of core recovered (expressed as percent of the total core run). Zero indicates no sample recovered. REV: Revert drilling fluid SS: Standard split -spoon sampler (steel; 1" is inside diameter; 2" outside diameter); unless indicated otherwise SU Spin -up sample from hollow stem auger TW: Thin -walled tube; number indicates inside diameter in inches WASH: Sample of material obtained by screening returning rotary drilling fluid or by which has collected inside the borehole after "falling" through drilling fluid WH: Sampler advanced by static weight of drill rod and 140-pound hammer WR: Sampler advanced by static weight of drill rod 94mm: 94 millimeter wireline core barrel V :: Water level directly measured in boring 0: Estimated water level based solely on sample appearance TEST SYMBOLS Symbol Definition CONS: One-dimensional consolidation test DEN: Dry density, pcf DST: Direct shear test E: Pressuremeter Modulus, tsf HYD: Hydrometer analysis LL: Liquid Limit, % LP: Pressuremeter Limit Pressure, tsf OC: Organic Content, % PERM: Coefficient of permeability (K) test; F - Field; L - Laboratory PL: Plastic Limit, % qp: Pocket Penetrometer strength, tsf (approximate) qC: Static cone bearing pressure, tsf q,,: Unconfined compressive strength, psf R: Electrical Resistivity, ohm -curs RQD: Rock Quality Designation of Rock Core, in percent (aggregate length of core pieces 4" or more in length as a percent of total core run) SA: Sieve analysis TRX: Triaxial compression test VSR: Vane shear strength, remolded (field), psf VSU: Vane shear strength, undisturbed (field), psf WC: Water content, as percent of dry weight %-200: Percent of material finer than #200 sieve STANDARD PENETRATION TEST NOTES The standard penetration, test consists of driving the sampler with a 140 pound hammer and counting the number ofblows applied in each of three 6" increments of penetration. If the sampler is driven less than 18" (usually in highly resistant material), permitted in ASTM: D1586, the blows for each complete 6" increment and for each partial increment is on the boring log. For partial increments, the number of blows is shown to the nearest 0. F below the slash. The length of sample recovered, as shown on the "REC" column, may be greater than the distance indicated in the N column. The disparity is because the N-value is recorded below the initial 6" set (unless partial penetration defined in ASTM: D1586 is encountered) whereas the length of sample recovered is for the entire sampler drive (which may even extend more than 18"). 01REP052 (12/08) AMERICAN ENGINEERING TESTING, INC. AASHTO SOIL CLASSIFICATION SYSTEM AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS Classification of Soils and Soil -Aggregate Mixtures Granular Materials Silt -Clay Materials General Classification (35% or less passing No. 200 sieve) (More than 35% passing No. 200 sieve) A-1 A-2 A-7 Group Classification A-7-5 A-1-a A-1-b A-3 A-2-4 A-2-5 A-2-6 A-2-7 A-4 A-5 A-6 A-7� Sieve Analysis, Percent passing. No. 10 (2.00 mm) .............................. 50 max. ... .... No. 40 (0.425 mm)......................... . .. 30 max. 50 max. 51 min. .... No. 200 (0.075 mm).................. . . . ........ 15 max. 25 max. 10 max. 35 max. 35 max. 35 max 35 max. 36 min. 36 min. 36 min. 36 min. Characteristics of Fraction Passing No. 40 (0.425 mm) Liquid limit ..................................... , , . , 40 max. 41 min. 40 max. 41 min. 40 max. 41 min. 40 max. 41 min. Plasticity index ................................. 6 max. N.P. 10 max. 10 max. 11 min. 11 min. 10 max. 10 max. 11 min. 11 min. Usual Types of Significant Constituent Materials Stone Fragments, Fine Silty or Clayey Gravel and Sand Silty Soils Clayey Soils Gravel and Sand Sand General Ratings as Subgrade ..................... Excellent to Good Fair to Poor 1 he placing of A-3 before A-2 is necessary in the "left to right elimination process" and does not indicate superiority of A-3 over A-2. Plasticity index of A-7-5 subgroup is equal to or less than LL minus 30. Plasticity index of A-7-6 subgroup is greater than LL minus 30, Group A-8 soils are organic clays or peat with organic content >5%. 100 90 80 70 E 60 J 7 J 50 40 30 20 10 PLASTICITY INDEX (PI) GROUP INDEX CHART 0 10 20 30 40 50 60 70 50T Group Index (GI) = (F-35) [0.2+0-005 (LL-40) ] + 0.01 (F-15) / / / / / y/ �J /I.Ts�p J / / J A-5 A-7 / — A-4 A-6 Liquid Limit and Plasticity Index Ranges for the A-4, A-5, A-6 and A-7 Subgroups Definifions of Graye—lSand and Sift -May The terms "gravel', "coarse sand", "fine sand" and "silt -clay", as determinable from the minimum test data required in this classification arrangement and as used in subsequent word descriptions are defined as follows: GRAVEL - Material passing sieve with 3-in, square openings and retained on the No. 10 sieve COARSE SAND - Material passing the No. 10 sieve and retained on the No. 40 sieve FINE SAND - Material passing the No, 40 sieve and retained on the No, 200 sieve - COMBINED SILT AND CLAY- Material passing the No, 200 sieve BOULDERS (retained on 3-in, sieve) should be excluded from the portion of the sample to which the classificaiton is applied, but the percentage of such material, if any, in the sample should be recorded. The term "silty" is applied to fine material having plasticity index of 10 or less and the term "clayey" is applied to fine material having plasticily index of 11 of greater W F 0 — (PI-10) where F = % Passing No. 200 sieve, LL = Liquid Limit, and PI = Plasticity Index. When working with A-2-6 and A-2-7 subgroups the Partial Group Index (PGI) is determined from the PI only. When the combined Partial Group Indices are negative, the Group Index should be reported as zero. s, Zz Example: Then: 82 % Passing No, 200 sieve PGI = 8.9 for LL LL = 38 PGI = 7.4 for PI PI=21 GI=16 5j 0 100 n e on 8 N z C7 En rn¢ uU w U w d 0tCLS022 (07/11) AMERICAN ENGINEERING TESTING, INC. UNIFIED SOIL CLASSIFICATION SYSTEM ASTM Designations: D 2487, D2488 Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests Group Group Vame. Symbol Coarso-Grained GraveLS Move Clean Gravels Cte 4 and I:2Cct3' GW Well graded gravel Soils More than 50% coarse Less than 5% than 50% fraction retained finesc Cu<4 and/or I>Q>3 GP Pexrrly graded gravel retained on on No. 4 sieve No. 200 sieve Gravels with Fines classify as ML or MH GM Silty gravel Fines more than 12% fines c Fines classify as CL or CH GC Clayey gravel '' Sarkis 50% or Clean Sands Cu>6 and 1:2W4 SW Well -graded sand more of coarse Less than 5% fraction passes fines° Cu<4 and/or I>Cc53 SP Poorly -graded sand No. 4 sieve Sands vWlh Fines classify as ML or MH SM Silly Fines more than 12% fines D FinLs classify as CL or CH SIC Cla sr:Itd Fine -Grained Sips acid Clays inorpnic PI>7 and plots on or above CL Leui c!a- Soils 50% or Liquid knit less "A" line' more passes than 50 PI<4 or glare below ML Silt -' the No. 200 "A" I ine sieve organic Liquid Ilnnit—oven dried <0.75 OL i)wlic clay", " (see Plasticity Liquid limit — not dried Organic siltK-L"N411 Chart below) Siits and Clays inorganic PI plots on or above "A" line CH Fat cla " Liquid limit 50 or more PI plots below "A" line MH Elastic silt '" organic Liquid limit -oven (Lies! 10,75 OH Drganie cla Liquid limit— not dried Organic silty L M.Q Highly organic Primarily organic matter, dark PT Pea soil in color, and organic in odor SIEVE ANALYSIS sin Wmm (in) sie winder__—_— x, aso as a W= SO Z T Z 110•1lm.m Zz 111 ----� Z w 90 ..._ eo w W Da=25mm K a a PARTICLE SIZE IN MILLIMETERS e Grain Size Tenn Particle Size Boulders Over 12" Cobbles 3" to 12" Gravel #4 sieve to 3" Sand #200 to #4 sieve Fines (silt & clay) Pass #200 sieve 5 �■■■■On MEM■■■n ML«r OL m °C to is 20 30 90 80 as ra so 90 10a LIQUID LIMIT (LL) Plasticity Chart VOLOGY NOTES USED BY AET FOR SOIL IDENTIFICATION AND Gravcl Pereenta COIWSrelney of Plastic: Soi Is Tenn Percent Tenn lei -Value, BPF A Little Gravel 3% - 14% Very Soft less than 2 With Gravel 15% - 29% Soft 2-4 Gravelly 30% - 50% Firm 5 - 8 Stiff 9 - 15 Very Stiff 16 - 30 Hard Greater than 30 AMERICAN ENGINEERING TESTING, INC. ow Notes ABased on the material passing the 3-in (75-nun) sieve. alf field sample contained cobbles or boulders, or both, add "with cobbles or boulders, or both" to group name, cGravels with 5 to 12% fines require dual symbols: GW-GM well -graded gravel with silt GW-GC well -graded gravel with clay GP -GM poorly graded gravel with silt GP -GC poorly graded gravel with clay °Sands with 5 to 12% fines require dual symbols: SW-SM well -graded sand with silt SW -SC well -graded sand with clay SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay ECU = Dco /Dlo, Cc = DIox D6o 'If soil contains >15% sand, add "with sand" to group name, QIf fines classify as CL-ML, use dual sNynnbnl GC -GM., or SC-SM. 1f fines are organic, add "with organic fines" to group name. 'If soil contains >15% gravel, add "with gravel" to group name. 'If Atterberg limits plot is hatched area, soils is a CL-ML silty clay. KIf soil contains 15 to 29% plus No. 200 add "with sand" or "with gravel", whichever is predominant, LIf soil contains >30% plus No. 200, predominantly sand, add "sandy" to group name. mirsoil contains >30% plus No. 200, predominantly gravel, add "gravelly" to group "am NPI>4 and plots on or above "A" line. 0Pl<4 or plots below "A" line. P1 plots on or above --A" line, QP1 plots below "A" line. RFiber Content description shown below. Tenn N-Value..BPF Very Loose 0-4 Loose 5 - 10 Medium Dense 11 - 30 Dense 31 -50 Very Dense Greater than 50 Moisture/Frost Condition Layering Notes I'M Dcscrphon [-manic Lksetzuon (I I no loll tests (MC Column) Soils are described as o=tic, if soil is not peat D (Dry): Absence of moisture, dusty, dry to and is judged to have sufficient organic fines touch. Laminations: Layers less than Fiber Content content to influence the Liquid Limit properties. M (Moist): water not Damp, although freediffering thick of Term t VStlal Fslin>$te i] Slrehrly wpmtic used for borderline cases. visible. Soil may still have a high di material Root Inclusions water content (over "optimum"). or color. Peat: Greater than 67°/6 With roots: Judged to have sufficient quantity W (Wet/ Free water visible intended to Hemi c Peat: 33 — 67% Herni of roots to influence the soil Waterbearing): describe non -plastic soils. Lenses: Pockets or layers Sapric Peat: Less than 33% pro p properties. Waterbearing usually relates to greater than''/z" Trace roots: Small roots present, but not judged sands and sand with silt, thick of differing to be in sufficient quantity to F (Frozen): Soil frozen material or color. significantly affect soil properties. OICLS021 (07/08) AMERICAN ENGINEERING TESTING, INC. PROJECT: 55th Avenue N Improvements AMERICAN New Hope, MN l ENGINEERING SUBJECT: DATE TESTING, INC. Core Photos December 4, 2017 SCALE DRAWN BY CHECKED BY AET Project As shown MF 28-01347 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01347 Log of Boring No. B-01 (p. 1 of 1) Project: New Hope 2018 55th Avenue Improvements; New Hoe MN DEPTH IN Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL 4o-#20 FEET MATERIAL DESCRIPTION TYPE IN. 3.7" Bituminous pavement FILL CORE 10.5" FILL, mostly sand with silt and gravel, pieces of bituminous and concrete brown and dark brown, a little black (A-1-b) 8 8.8 I FILL, mostly sand, a little silt and gravel, brown (A-3) 2 FILL, mixture of sandy lean clay and lean clay with sand, a little gravel, brown, gray and dark brown, layers of laminations of sand with silt (A-6) M DP 63 3- 4- 5 i END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-5.25' DP DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON THIS LOG BORING COMPLETED: 1I/15/17 i DR: NO LG: Rig: 26R 03/2011 01-DHR-060 AMERICAN 1 ENGINEERING TESTING, INC. SUBSURFACE BORING LOG AET No: 28-01347 Log of Boring No. B-02 (p. 1 of 1) Project: New Hope 2018 55th Avenue Improvements; New Hope, e NIN DEIPTH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL /0420( FEET MATERIAL DESCRIPTION TYPE IN, 4.1" Bituminous pavement FILL CORE 13" FILL, mostly sand with silt and gravel, pieces of bituminous and concrete, trace wood, dark brown, a little black (A-1-b) I 8 8.8 FILL, mostly sand, a little silt, gravel and lean clay, brown (A-3) 2 FILL, mixture of clayey sand and sandy lean clay, slightly organic, dark gray (A-2-6/A-6) 3 M DP 66 FILL, mostly sand with silt, brown (A-3) SILTY SAND, a little gravel, slightly organic, : FINE 4 dark grayish brown (SM) (A-2-4) (may be fill) .' ALLUVIUM . OR FILL SAPRIC PEAT, very dark brown (PT) (A-8) ; S MP IT 5 Organic Content = 44% 140 .al END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-5.5' DP DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON BORING COMPLETED: 11/15/17 DR: NO LG: Rig: 26R THIS LOG 03/2011 01-DHR 060 AMERICAN ENGINEERING SUBSURFACE BORING LOG `TESTING, INC. AET No: 28-01347 Log of Boring No. B-03 (p. 1 of 1) Project: New Hope 2018 55th Avenue Improvements; New Hope, NIN DEN H Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL /o #20 FEET MATERIAL DESCRIPTION TYPE IN. 4" Bituminous pavement FILL 13.5" FILL, mostly sand with silt and gravel, pieces of bituminous and concrete, brown and 1 dark brown (A-1-b) FILL, mostly sand, a little gravel, brown (A-3) 2 M DP 44 3 FILL, mostly sandy lean clay, a little gravel, slightly organic, dark gray, a little brown (A-6) END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED 0-3.8 DP DATE TIME SAMPLED DEPTH DEPTH FLUID LEVEL LING LEVEL SHEETS FOR AN EXPLANATION OF BORING CO11IPLFTED: 11/15/17 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 01-DHR 060 ARICAN American Engineering Testing, St PauAlbertville ■ i 'ENGINEERING 550 Cleveland Ave N 5548 Barthel Ind Dr, Ste 500 St. Paul, MN 55114 Albertville, MN 55301 TESTING, INC. (651)659-9001 (763)428-5573 Toll Free: (800) 972-6364 www.amengtest.com Material Test Report Report No: MAT:17-25036.97 Issue No: , Client: Project: NEW HOPE, CITY OF CC: New Improvements Hoe 2018 55th Avenue Im ts 55th Avenue p This document shall not bereprQ withoduced, except aprovalfull, A without written approval from American Engineering Testing, Inc. New Hope, MN Date of Issue: 12/4/2017 Reviewed By: Jesse Sich Job No: 28-01347 EIT, MNDOT Tech ID#17564 Sample Details Other Test Results - - -� Sample ID 17-25036-S1 Desmption Method Result Limits Field Sample ID Composite Base Total ev_ap>amble_ Moisture Content (%) ASTM C 566 7.6 Date Sampled 11/29/2017 Source Material Recycled Concrete & Bituminous Specification Gradation Sampling Method General Location 55th Avenue, New Hope, MN Location B01, 0.31-1.2' B02, 0.33-1.4' Date Submitted 11/29/2017 Particle Size Distribution C C C C R O O Slam Method: ASTM C 136, ASTM C 117 Drying by: Oven Date Tested: 11/30/2017 Tested By: Sieve Size % Passing Limits 1 in (25.Omm) 100 9/in (19.Omm) 99 %in (12.5mm) 93 3/8in (9.5mm) 85 No.4 (4.75mm) 69 No.10 (2.Omm) 54 No.30 (600Nm) 35 No.40 (425Nm) 28 No.100 (150Nm) 13 No.200 (75pm) 8.8 This sample meets the gradation requirements of a Class 5 Base Aggregate. NO: com Page 1 of 1 �AiGA American Engineering Testing, Inc. St. Paul Albertville �l�G�rG1S� 550 Cleveland Ave N 5548 Barthel Ind Dr, Ste 500 St. Paul, MN 55114 Albertville, MN 55301 (651)659-9001 (763)428-5573 TESTING, INC. Toll Free: 972-6364 www.amengtest.com (800) Report No: MAT:17-25036-S2 Material Test Report Client: NEW HOPE, CITY OF CC: This document shall not be reproduced, except in full, � approval 9_1 without written >L'?e iyr�«c�� A/ .;may from American Engineering G` T Project: New Hoe 2018 55th Avenue Improvements p p Testing, Inc 55th Avenue Date of Issue: 11/30/2017 New Hope, MN Reviewed By: Benjamin Pomroy, Job No: 28-01347 Engineering Technician II Sample Details Particle Size Distribution Sample ID 17-25036-S2 Field Sample ID B-02, 4.45'-5.5' Date Sampled 11/29/2017 Source Material Specification Sampling Method General Location 55th Avenue Location B-02 Date Submitted 11/29/2017 Its A"=Iiii Description Ash Content Organic Content (%) Furnace Temperature (°C) Moisture Content (%) Moisture contents are proportioned by Moisture Content Method (A or B) Ash Content Method (C or D) N/A Method Result Limits ASTM D 2974 55.9 44.1 445 140.0 oven -dried mass A C Chart mew NOPOW - - - GESRabbySpecfraREST.com Page 7 of 1 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. Appendix C Geotechnical Report Limitations and Guidelines for Use Appendix C Geotechnical Report Limitations and Guidelines for Use AET Report No. 28-01347 C.2.5 Most Geotechnical Findings Are Professional Opinions Site exploration identified subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ, sometimes significantly, from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. C.2.6 A Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engineers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report's recommendations if that engineer does not perform construction observation. C.2.7 A Geotechnical Engineering Report Is Subject to Misinterpretation Other design team members' misinterpretation of geotechnical engineering reports has resulted in costly problems. Lower that risk by having your geotechnical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review pertinent elements of the design team's plans and specifications. Contractors can also misinterpret a geotechnical engineering report. Reduce that risk by having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing construction observation. C.2.8 Do Not Redraw the Engineer's Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognizes that separating logs from the report can elevate risk. C.2.9 Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give contractors the complete geotechnical engineering report, but preface it with a clearly written letter of transmittal. In the letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure contractors have sufficient time to perform additional study. Only then might you be in a position to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. C.2.10 Read Responsibility Provisions, Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disciplines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their report. Sometimes labeled "limitations" many of these provisions indicate where geotechnical engineers' responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. C.2.11 Geoenvironmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform a geoenvironmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenvironmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own geoenvironmental information, ask your geotechnical consultant for risk management guidance. Do not rely on an environmental report prepared for someone else. Appendix C — Page 2 of 2 AMERICAN ENGINEERING TESTING, INC Appendix C Geotechnical Report Limitations and Guidelines for Use AET Report No. 28-01347 CA REFERENCE This appendix provides information to help you manage your risks relating to subsurface problems which are caused by construction delays, cost overruns, claims, and disputes. This information was developed and provided by ASFE', of which, we 1 are a member firm. C.2 RISK MANAGEMENT INFORMATION C.2.1 Geotechnical Services are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engineer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solely for the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one, not even you, should apply the report for any purpose or project except the one originally contemplated. C.2.2 Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. C.2.3 A Geotechnical Engineering Report is Based on A Unique Set of Project -Specific Factors Geotechnical engineers consider a number of unique, project -specific factors when establishing the scope of a study. Typically factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates otherwise, do not rely on a geotechnical engineering report that was: • not prepared for you, • not prepared for your project, • not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: 0 the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geotechnical engineer of project changes, even minor ones, and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed. C.2.4 Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineering report whose adequacy may have been affected by: the passage of time; by man-made events, such as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluctuations. Always contact the geotechnical engineer before applying the report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. 1 ASFE, 8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 301/565-2733: www.asfe.or¢ Appendix C — Page 1 of 2 AMERICAN ENGINEERING TESTING, INC This Page Left Blank Intentionally IMI (31 Stantec BIDDER: Valley Poving Inc DOCUMENT 0041 10 BID FORM 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT NO. 193804114 NEW HOPE, MINNESOTA 2018 THIS BID 15 SUBMITTED TO: City of New Hope 1 City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter info 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. 1 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer I period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: 30BO A • • - 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 federal, state, and local 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 in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06• - E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction t to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and r F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary 1 for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. ` 02018 Sianlec 1 193804114 0041 10- 1 BID FORM 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. K Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. 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. J. 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. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the C, No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the low may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the prices) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 1 1,03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on artunl quantities provided, determined as provided in the Contract Documents. © 2018 Stanlec 1 193804114 0041 10 - 2 BID FORM No. Item Units Qty Unit Price Total Price BASE BID: t 1 MOBILIZATION LS I $ 1 $ 2 TRAFFIC CONTROL LS $ SY 7,200 $ $ 7- 3 MILL BITUMINOUS SURFACE - 2" DEPTH 4 FULL DEPTH RECLAMATION SY 1,200 $, 5 REMOVE BITUMINOUS PAVEMENT SY 220 $ 6 REMOVE CURB & GUTTER LF 235 $, VkS $ 7-1 17. S'O 7 BITUMINOUS DRIVEWAY PATCH SY 50 $ y$ 2,7- 8 6" CONCRETE DRIVEWAY PATCH SY 50 $ 7 `4 $ iW ~ 9 7" CONCRETE DRIVEWAY PATCH SY 100 $ % `�• $ � 8a), 10 J COMMON EXCAVATION CY 200 $ 1 1 SUBGRADE EXCAVATION CY 50 $ 5� �� $ 1"s 12 AGGREGATE BASE CLASS 5 TON 200 $ 13 1 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TON 1,050 $ 14 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) TON 132 $ i 15 BITUMINOUS PATCHING MIXTURE TON 65 $ IG.� $ "L`/O 1 16 BITUMINOUS MATERIAL FOR TACK COAT GAL 420 6b G..7Z' $_ $ 17 CONCRETE CURB AND GUTTER DESIGN B618 LF 235 $ Ub $ 10 18 REPLACE SANITARY CASTING AND RINGS EA 6 $O. $ g5.90f 1 19 REMOVE & REPLACE WATER GATE VALVE BOX TOP SECTION EA 2 $,-BUJ $ w 20 4" DOUBLE SOLID YELLOW LINE - PAINT LF 2,200 $ 0_? $ 21 4" SOLID WHITE LINE - PAINT LF 2,200 $ o r 9 $ yl 8•� 22 24" SOLID WHITE LINE - PAINT LF 55 $ 23 ZEBRA CROSSWALK PAINT SF 90 $ �.`rJ $-:yaq•5� 24 SIGN PANELS TYPE C 5F 35 $ `%� t,o $ _ [Les-L r © 2018 Stanlec 1193804114 00 41 10- 3 BID FORM No. Item Unlfs Qty UnIf Price Tofa PPrice 25 LOAM TOPSOIL BORROW (LV) CY 40 $�& 90 $ 26 SEED WITH EROSION CONTROL BLANKET SY 250 $ 2.34 $ 27 STORM DRAIN INLET PROTECTION EA 8 $ $ LHO 28 STREET SWEEPER WITH PICKUP BROOM HR 10 $ I �."' $ TOTAL BASE BID: $ 0 2018 Stantec 11938D4114 0041 10 - 4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.E of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. B. Bid Form Attachment A - Responsible Contractor Verification and Certification of Compliance. 8.01 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. If Bidder Is: SUBMITTED on -March 20, 2018 2018. Corporation Name: Valley Paying Inc (SEAL) State of Incorporation: Minnesota Type (General Busi�"�= itedLiability): General By: ' 61 (Signature) Name (typed or printed): Brent Carron Title: Vice Pr ent Attest (CORPORATE SEAL) i_ natl of Corporate Secretary) Business Street Address (No P.O. Box #'s): 5BDi?_1 &fh..-A �F Shakopee MN 55379 Phone No.: 952-445-8615 Email.: brent4vollemovingI.com 0 2018 Stantec 1 193804114 0041 10 - 5 BID FORM An. Indivicivol A Porloershin Name (typed or printed): BY: (Individual's signature) Doing business as: Business Street Address (No P.O, Box #'s): Phone No.: Email.: (SEAL) Partnership Name: _ ;iI ALl By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No: Email.: END OF DOCUMENT 02018 Stantec 1 193804114 0041 10-6 BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 2018 55'h Avenue North Street Ini >traverttents Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION, ... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3 14 1 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* BID FORM ATTACHMENT A © 2018 Stantec 1 1938041 14 0041 13 - 1 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 32613. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors, A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance fi•om all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. BID FORM ATTACHMENT A © 2018 Stantec 1 1938041 14 0041 13 - 2 -I Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a swom statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or tenninating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) I have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authuri�pitSignature of or or Officer: Printed Name: Brent Carron Title: Date: Vice President March 20, 2018 Company Name: Valley Paving Inc Swor and subscribes be ' me this 2 1 la r 1 20 18. My Commission Expires:zo ------- �l � IkR�H�Q�I•K�R�i�IK NOTARY KSW -W NESOTA My Otlrmtt dM E1�ites JN. 31, 2W ■-----•--•------------- -•--------------- NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. BID FORM ATTACHMENT A 0 2018 Stantec 1 1938041 14 0041 13 - 3 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 2018 f5P, AVenuSNorjh ftect Imormments Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Submit this form with the Bid Form. FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located C7 -v2 t� A'Vr-� Tt-ay ST _ A. 12 1.�t3 4 Hof Qm it A s7,rs>` rn+ FPrL S,, t `Jtov"_I, BID FORM ATTACHMENT A 0 2018 Stontec 1 1938041 14 0041 13 - 4 MINUTES OF ACTION OF BOARD DIRECTORS OF VALLEY PAVING, INC. The undersigned, being the sole member of the Board of Directors of Valley Paving, Inc., a Minnesota corporation, acting as the Board of Directors pursuant to the provisions of Minnesota Statues, Section 302A.239, does hereby agree to the adoption of and does hereby adopt the following resolutions as of the 25th day of February 2016 Resolution Waiving- Meeting of Directors WHEREAS, the bylaws of the Corporation direct that the Board of Directors of the Corporation shall hold a meeting from time to time; and WHEREAS, the existence of only one director of the Corporation alleviates the necessity of holding a regular meeting; NOW, THEREFORE, IT IS HEREBY RESOLVED, that a regular meeting of the Board of Directors is waived for the fiscal year ended December 31, 2015, and there Minutes of Action are substituted therefore. Resolution Electing Officers WHEREAS, the Bylaws of the Corporation permit the Board of Directors, from time to time, to elect officers of the Corporation; NOW, THEREFORE, IT IS HEREBY RESOLVED, that the following individuals are elected to the offices set forth after their names and shall hold office until their successors are duly elected and qualified: NAME OFFICE Richard A. Carron President Brent A. Carron Vice President Carol J. Johnson-Kadrlik Secretary Richard A. Carron Treasurer Resolution Ado tint Policy RESOLVED, that no Employee shall be authorized to purchase, charge, nor make any financial agreements with Ziegler Company of Minnesota. Resolution Adopting Policy RESOLVED, Valley Paving Inc. adopted the, "Dependent Care Assistance Program (DCAP ), which is a benefit that allows employees to pay for work -related child or dependent care expenses with pre-tax dollars. Resolution Ratifying Acts of Directors WHEREAS, it is in the best interest of the Corporation to ratify the acts of directors taken on behalf of the Corporation since the last ratification thereof; NOW, THEREFORE, IT IS HEREBY RESOLVED, that each and all resolutions, acts and proceedings of the Board of Directors of the Corporation heretofore made or adopted since the last shareholder's ratification of acts as evidenced by records in the minute book of this Corporation hereby are approved, ratified and made the acts and deeds of this Corporation. Done as of the day and year first above written. 1 br A. Carron I 0 Office of the Minnesota Secretary of State Certificate of Good Standing I, Steve Simon, Secretary of State of Minnesota, do certify that: The business entity listed below was filed pursuant to the Minnesota Chapter listed below with the Office of the Secretary of State on the date listed below and that this business entity is registered to do business and is in good standing at the time this certificate is issued. Name: Date Filed: File Number: Minnesota Statutes, Chapter: Home Jurisdiction: This certificate has been issued on: Valley Paving, Inc. 01/18/1979 3I-980 302A Minnesota 01/27/2016 Steve Simon Secretary of State State of Minnesota THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Valley Paving, Inc. 880013th Ave E Shakopee, MN 55379 as Principal, hereinafter called Principal, and North American Specialty Insurance Company 5200 Metcalf OPN111 Overland Park, KS 66202-1391 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2018 55th Avenue N Street Improvements Project - City Project No. 1010 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, it the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effect. Signed al sealed this 20th j CVy of March , 2018 . Valley Paving, Inc. A-/ r(►ncipal) (Seal) y ess) V I (Title) North American Specialty Insurance Company - - a (Surety) (Seal) (Witness) _ � --- -- -- -- -- --� (Title) Lin Ulven, Attorney -in -Fact _ _ o INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of Minnesota ) �-, )SS County of •7t ) On this 20th day of March 2018 , before me appeared b'e-e-1I to me personally known, who, being by me duly sworn, did say that he/she is the ku.M-�au of valley Paving, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and hat saidf1 , P)CC C l acknowledged said instrument to be the free act and deed of sai rporation. . =JOHNSON-KADRLIKJ. ADRLIKSOTA1, 2020 State of Minnesota County of Hennepin Notary Public My commission expires SURETY ACKNOWLEDGMENT On this 20th - _ _ day of March 2018 , before me appeared Lin Ulven nty, to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of North American SpeclaltyInsurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Lin Ulven acknowledged said instrument to be the free act and deed of said corporation. LQ HANNA ROSE LARSON Notary Public Hennepin County, Minnesota NOIARYPUBLIC -MINNESOTA My Commission Expires y cop My expires 1/31/2022 January 31, 2022 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overhand Park, Kansas, and Westport Insurance. Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: R, W. FRANK, R. SCOTT EGGiNTON, JOHN E. TAUER, CRAIG REMICK, JOSHUA R. LOFfIS, TINA L. DOMASK, ROSS S. SQUIRES, RACHEL THOMAS, NICOLE STILLINGS, SANDRA M. ENGSTRUM, BETSY WRIGHT- JEROME T. OUIMET, KURT C. LUNDBLAD, BRIAN J-OESTREICH, LIN ULVEN, EMILY WHITE, TED JORGENSEN, MELINDA C. BLODGETT, R C, BOWMAN, COLBY D, WHITE, ALLISON HILL and RICK GIBBS JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or widertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and hold on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is atiached." Nnooffip t}HAt y 3t, SEAL�� sworn , rl rr.1R11,. cn ar rt fes r cat a ■s ne on n ern■ una nsafinee Company �� f SEALr�+ 1 & Senior Vice President of North American Specialty Insurance Company ! Senior Vice President of Westport Insurance Corporation j By y} Mike A. ila, Rcnlar Vlca 1'rrrEdrat olWrsldnyluB tnsernallanal InIUMnee Compeay •�* Senior Vice President of Nairn American Speclai ry rru ur'ance Company H11� Sonic: Vice President of IVntpnri leHtfPrince Corpnnynn IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 7th day of November , 20 17 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 7th day of November , 20 17, before me, a Notary Public personally appeared Steven P. Anderson r Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. ita Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Off SEAL M, KEN , 1 M. iCEHHY Notary JLI*L: SAata ill �l lylis Myc°1244M�'I"'�' M. Kenny, Notary Public i t 1, Jefftvy Goldberg, the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 20th day of March , 2018 " 414 111'/- --X Jeffrey GvlAWfli, Viec Prc;khml & AM6181ll SeerclaryorWuhingltat lahnrstiullal losllmllce Company & North American Spec iulty, Inlyl Mee Company & Vice President & Assietont Sccrelatyof Wesiport Insurance Corpulutiun SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hoe Minnesota (hereinafter called Owner) and Valley Paving, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, 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 follows: 2018 55th Avenue N 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: 2018 55th Avenue North Street Improvements for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will 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 Start Construction, Substantial Completion and Final Payment A. No Work can begin before August 1, 2018. B. The Work will be substantially completed on or before September 28, 2018, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before September 28, 2018. 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 $1000 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is AGREEMENT FORM 0 2018 Stantec 1193804114 00 52 10 - 1 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 $1000 for each day that expires after the time specified in Paragraph 4.02 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 as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. 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 Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Total Base Bid of One Hundred Thirty -Three Thousand Four Hundred Fifty -Five Dollars and Forty cents ($133,455.40). ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General 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, monthly during performance of the Work as provided in Paragraphs 6.02A.1 and 6.02.A.2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid 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: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. AGREEMENT FORM © 2018 Stantec 1193804114 00 52 10 - 2 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 moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. 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, 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 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 Supplementary Conditions as containing reliable "technical data." Contractor 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, 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 precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any 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. © 2018 Stantec 1193804114 AGREEMENT FORM 005210-3 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. 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, Payment Bond, and other Bonds. 3. General Conditions, 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 2018 55th Avenue N Street Improvements, 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. 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. b. Work Change Directives. c. Change Order(s), 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. 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. AGREEMENT FORM © 2018 Stantec 1193804114 00 52 10 - 4 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. 0 2018 Stantec 1193804114 AGREEMENT FORM 005210-5 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 March 26, 2018 (which is the Effective Date of the Agreement). Owner: City of Ha e, Minnesota By: r \� Attest: Addret(id�ices: r9TY FNEW HnPF 4401 XYLON AVE NO. NEW HOPE, M �542' Designated Representative: Name: KIRK McDONALD Title: CITY MANAGER Address4401 XYLON AVE NO NEW HOPE MN 55423 Phone: 763-531 -5100 Facsimile763-531-5136 Contractor: Address for giving notices: 85-rb Jou. 6-- N6 155 3 License No.: (Where Applicable) Design,QtVd Representative: Name; k - Title: OU4��, Address: 1 tAvl-:-- fkakwez,Pri PhoneC?e. 44 5 Facsimile: 952- WS — 0 END OF SECTION AGREEMENT FORM © 2018 Stantec 1193804114 00 52 10 - 6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: 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. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paue 1 of 3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. 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 Contractor Default or within two years after Contractor ceased working or within two years after 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 period of limitation available to 1 sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other arty): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Pave 3 of 3 This Page Left Blank Intentionally I PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: 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) 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 Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Paee 1 of 3 (Seal) 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, 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 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. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and 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. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Paee 3 of 3 This Page Left Blank Intentionally This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC SMERMAN COUNCIL OP E-INMNRING COMPANIES merican Society AWE Civil Engineers cs '"JC National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (HJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspc.or American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.ace_c_.ot American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.or The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article 2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data ............................ ............................ -•--... .... ............................................ 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. ] l 4.01 Availability of Lands......................................................................................................... I I 4.02 Subsurface and Physical Conditions................................................................................... 1 1 4.03 Differing Subsurface or Physical Conditions .............................. 12 4.04 Underground Facilities ................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 i 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ..................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals................................................................................................ 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................... 10.01 Authorized Changes in the Work ......................................................... 10.02 Unauthorized Changes in the Work ..................................................... 10.03 Execution of Change Orders................................................................ 10.04 Notification to Surety.......................................................................... 10 O's Caimc .............................. 41 .............................. 41 .............................. 41 .............................. 41 .............................. 42 .............................. 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ................. 12.01 Change of Contract Price.................................................................................................. 47 s 12.02 Change of Contract Times............ . 48 ................................................................................... . 12.03 Delays...............................................................................................................................48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work ..................... .................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values.- ........ ............................................................................................... 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection.-............................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pam iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience..... ... .................................................................. 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 00 72 05 ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Puce 1 of 62 0072 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 7205 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. + 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which r the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The -words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaL,e 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall famish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paize 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: t 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and .i d. the safety and protection of all such Underground Facilities and repairing any damage Ithereto resulting from the Work. B. Not Shown or Indicated.• 1 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the 1 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such -time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. 'the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or 1 Contract Times, or both, as a result of such Work stoppage or such special conditions under J which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement 1 to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. i 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and 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; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1, include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or 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 the 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; and 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. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss. payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paire 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0 LB. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. ftge 21 of 62 0072 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. I. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of .patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, Jagents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute I resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the 1 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. j C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the 1 Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for 1 Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PiLee 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services. are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. I'age 34 of 62 UU 12, UJ T B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a i result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 0072 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 . , 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the J, Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 42 of 62 00 72 05 M C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the 1 Contract Documents to purchase and maintain. i B. Costs Excluded.- The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. J 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment 1 wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page.45 of 62 7205 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs H.0LA and 11.0LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l .C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0l.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 . C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained 1 by Contractor on or in connection with any other project or anticipated project. J E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ' ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE 1 OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will 4 have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise j them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract } Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 OS B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. 1 C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: I. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refilsing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 54 of 62 00 72 05 M 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 0 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by En ineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 60 of 62 00 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 63 of 62 0072 This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. 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. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01.A.44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when all the Work has been completed: SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC-2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: T. Report prepared by American Engineering Testing, Inc., St. Paul, MN, dated December 4, 2017, entitled: "Report of Geotechnical and Pavement Engineering Services: 55th Avenue Improvements, From Winnetka Avenue to Cul-de-Sac, New Hope, Minnesota". D. The reports and drawings identified above are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 1938041 14 00 73 05 - 1 Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC-4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. 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. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include 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 $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 1938041 14 00 73 05 - 2 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC-5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A.1 through 5.06.A.7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC-5.06.A Add the following new item immediately after Item 5.06.A.7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06.0 of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1 /2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. 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.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 1938041 14 00 73 05 - 3 SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: 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. 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-6.19.A Delete the words "representation of in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's 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 Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. 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. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding 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. 5. 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. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. SUPPLEMENTARY CONDITIONS 0 2018 Stantec 1 1938041 14 00 73 05 - 4 b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. 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 prejudice 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. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. 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. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 1938041 14 00 73 05 - 5 e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. 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 Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. 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. 13. 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. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative 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 Agreement or 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 precautions and programs in connection with the activities or operations of Owner or Contractor. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 1938041 14 00 73 05 - 6 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. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.05.13 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.13 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-1 1.03 Delete paragraph 1 1.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC-12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.0l .C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 1938041 14 00 73 05 - 7 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30-day period specified in Paragraph SC-16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event, shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statute of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (includ- ing Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 1938041 14 00 73 05 - 8 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2018 55th Avenue North Street Improvements for the City of New Hope, Minnesota, City Project No. 1010. B. Description of Work: Project consists of milling and overlaying 2-inches of bituminous pavement along 55th Avenue from approximately 350-feet west of Zealand Avenue to Utah Avenue. This includes localized sanitary sewer casting and ring replacement, and water valve box repairs. The project also consists of full depth reclaiming and pavement along 55th Avenue North from the intersection of Utah Avenue to the intersection of Winnetka Avenue (CSAH 156). 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. 2. Pavement removals shall be minimized in an effort to avoid long segments of roadway being rough or gravel for long periods of time. 3. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 4. Keep existing side streets, driveways and entrances clear and available to the public and to the Owner. 5. Protect existing shallow CenterPoint gas vaults as shown on the plans. SUMMARY © 2018 Stantec 1 1938041 14 01 10 00 - 1 6. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Working Hours: The Contractor shall work only between 7 A.M. and 8 P.M., Monday through Friday, and between 9 A.M. and 6 P.M. on Saturday, unless given written permission by the City to perform work outside of these hours. 2. Existing aggregate base or reclaim material shall be utilized for temporary access. Provide a minimum of 3 inches of existing aggregate base on the streets for temporary access until the final street section is under construction. 3. Residents shall have access to all side streets and driveways between 7 P.M. and 7 A.M. 4. The Contractor should anticipate school bus traffic throughout the duration of the project. Contractor must accommodate bus traffic and allow for school bus access to the District Education Center at all times. 1.07 OTHER WORK AT SITE A. Adjacent work will occur at Begin Park for rehabilitation of Basketball Court. Allow access and coordinate with adjacent project as necessary. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2018 Stantec 1 193804114 01 10 00 - 2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2018 Stantec' 11938041 14 01 20 00 - 1 This Page Left Blank Intentionally SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner, Hennepin County. 4. Electric: Xcel Energy. 5. Gas: CenterPoint Energy. 6. Telephone/Cable/Fiber: Comcast, Spring, Centuryl-ink, Access Communications, Arvig, Rogers Communications, AT&T, Zayo, Others. C. Contractor to coordinate location and pavement removal around gas vaults with CenterPoint Energy. D. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. PROJECT MANAGEMENT AND COORDINATION © 2018 Stantec 1 1938041 14 01 31 00 - 1 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.07 SPECIAL PROCEDURES A. Resident and business notification of Work directly affecting their property is required for all situations. The Owner and Project Inspector will provide notices to residents. However, it is the responsibility of the Contractor to ensure that all those affected are aware of issues such as access restrictions or disrupted supply. B. Any additional costs associated with cold weather curing for concrete material will be the responsibility of the Contractor. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION 0 2018 Stantec 1 1938041 14 01 31 00 - 2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction_ 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. Prepare schedules on 11 by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES © 2018 Stantec 1 1938041 14 01 33 00 - 1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 by 1 1 inch paper outlining 24-hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the, requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 by 1 1 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4-inch by 4-inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15-percent mark-up. SUBMITTAL PROCEDURES © 2018 Stantec 1 1938041 14 01 33 00 - 2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2018 Stantec 1 1938041 14 01 33 00 - 3 This Page Leff Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS © 2018 Stantec 1 1938041 14 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS 0 2018 Stantec 1 1938041 14 01 40 00 - 2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 2. No Bid Item has been provided for Temporary Fence. Any temporary construction fence required for safety will be considered incidental to the Project with all costs included in the Base Bid. 3. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 1938041 14 01 50 00 - 1 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MNMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193804114 01 50 00 - 2 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.04 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MNMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. Construction Staging Plan l . Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alternatives to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10-feet will be maintained at all times. c. 2-way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences and schools at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. TEMPORARY FACILITIES AND CONTROLS 0 2018 Stantec 1 1938041 14 01 50 00 - 3 i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. j. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15-feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360-Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights -SAE Specification J 1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 5. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 1938041 14 01 50 00 - 4 6. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. 7. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.05 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including portholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. B. Temporary Fence 1. Install as shown on the Drawings. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. 3.06 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 1938041 14 01 50 00 - 5 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? ❑Yes El No Do any devices need repair? ❑Yes El No Were all replaced or repaired? ❑ Yes ❑ NO 2. Are any lights (flashers, etc.) not functioning? ❑Yes ❑ No Were they all replaced or repaired Cl Yes ❑ No 3. Are any devices improperly placed? ❑Yes ❑ No Were all positions corrected? ❑ Yes ❑ NO 4. Do any devices need cleaning? L7Yes ❑ NO Where all devices cleaned? ❑Yes ❑ NO ADDITIONAL COMMENTS: The above check was completed by on: (date) at: (time) (name / title) ■' ■' SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. a. Storm Drain Inlet Protection: Measurement will be by each. Includes in -street and non -paved catch basin inlet protection. Each catch basin will receive payment for only one time during the Project Work, regardless of the protection prior to or after paving. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2130 - Application of Water for Dust Control. 2. 2573 - Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2.0 and submitted each week that construction is active. B. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 1938041 14 01 57 13 - 1 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 1938041 14 01 57 13 - 2 G. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 HYDRAULIC EROSION CONTROL PRODUCTS A. Conform to MnDOT Spec. 3884. B. Type Hydraulic Mulch 2.02 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. Category 0, Type IS - 2.03 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. 2.04 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control. 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.05 TEMPORARY SEED A. Conform to Section 32 92 00. B. General - Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 1938041 14 01 57 13 - 3 C. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10-feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Hydraulic Erosion Control Products 1. Apply in conformance with MnDOT Spec. 2575.3.E. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Type Hydraulic Mulch a. Application Rate for Slopes greater than IA: 2,800 Ibs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. D. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3.G, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one-time proper installation is acceptable. Storm Drain Inlet Protection l . Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M and as follows: l . Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. TEMPORARY EROSION AND SEDIMENT CONTROL 02018 Stantec 1 1938041 14 01 57 13 - 4 The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. B. Maintenance: Conform to MnDOT Spec. 2573.3.K 1. If an erosion control device has been reduced in capacity by 30-percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193804114 01 57 13 - 5 This Page Left Blank Intentionally SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper With Pickup Broom. Measurement will be by the units of hours that sweeper is operating to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on Site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the site. a. Contractor should anticipate multiple mobilizations to perform this work. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. EXECUTION REQUIREMENTS © 2018 Stantec 1 1938041 14 01 70 00 - 1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. EXECUTION REQUIREMENTS © 2018 Stantec 1 1938041 14 01 70 00 - 2 E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling 651-282-9999 or 1-800-657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withholding.fax@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2018 Stantec 1 1938041 14 01 70 00 - 3 This Page Left Blank Intentionally SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 91 uu-: 1 A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 34 41 05 - Traffic Signs and Devices. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I . Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based on the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Remove Bituminous Pavement: Per square yard without regard to thickness. Bid Item is for removal of bituminous roadway pavement in bituminous patching areas. Saw cutting and disposal of bituminous shall be incidental to this bid item. b. Mill Bituminous Surface - 2" Depth: Per square yard. Precision edge milling at existing valve boxes, manhole covers, and edge of curb; and sawcutting are considered incidental to this Bid Item. c. Remove Curb & Gutter: Per lineal foot, regardless of type. Saw cut of existing curb and gutter for removal is considered incidental to this bid item. d. Bituminous Driveway Patch: See Section 32 12 01. e. Concrete Driveway Patch: See Section 32 13 14. f. Replace Sanitary Casting and Rings: See Section 33 05 17. g. Remove and Replace Water Gate Valve Box Top Section: See Section 33 05 17. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2104 - Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 1938041 14 0241 13 - 1 B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re -assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 31 23 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 1938041 14 0241 13 - 2 B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1 /3 of the thickness of the concrete prior to breaking off the pavement. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3.C.2, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 3.06 REMOVE CONCRETE DRIVEWAY A. Saw cut concrete surfacing prior to removal. B. Remove concrete in such a manner that the remaining surfacing is not damaged. C. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 12-inches maximum from the back of new Work and 6-inches beyond the edge of new driveways). 3.07 REMOVE CURB AND GUTTER A. Saw cut at removal limits. SELECTIVE SITE DEMOLITION 0 2018 Stantec 1 1938041 14 0241 13 - 3 B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work 3.08 PAVEMENT MILLING A. Bituminous 1. Saw cut at removal limits prior to milling process. Saw cut is considered incidental to Milling bid item. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3.09 REMOVE BITUMINOUS SURFACING A. Remove bituminous in such a manner that the remaining surfacing is not damaged. B. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12-inches maximum from the back of new work and 6-inches beyond the edge of new driveways). 3.10 REMOVE CASTING A. Remove casting and rings in their entirety. Protect concrete structure from damage during removal of casting. 3.11 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.12 DISPOSING OF MATERIAL A. Conform to MnDOT Spec. 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION © 2018 Stantec 1 1938041 14 0241 13 - 4 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 23 13 - Subgrade Preparation. 4. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 2105.5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation - Measurement will be by volume of material in its original position, based on measurements performed by the Engineer at the time of construction in the units of cubic yards. a. Excavation and disposal of existing aggregate base for roadway patching shall be paid under this Bid Item. b. Excavation of existing aggregate base for driveway patching shall be incidental to Patch Bid Items. 3. A Bid Item has been provided for Subgrade Excavation. Measurement will be by compacted volume in cubic yards of actual material excavated below the Grading Grade based on field measurements by the Engineer. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 4. A Bid Item has been provided for Loam Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. The scarification of the top 3 inches of existing soil is also incidental to this Bid Item, and must be completed prior to installing topsoil borrow material. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. 4. 3890 - Compost. EXCAVATION AND FILL © 2018 Stantec 1 1938041 14 31 23 00 - 1 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and pH levels. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil Material: Conform to MnDOT Spec 3877.2.B: Loam Topsoil Borrow. 1. Material shall be screened and pulverized. B. Common Borrow: Conform to MnDOT Spec. 2105.2.B. 1. To be used for patching areas as necessary. 2. The material shall be a soil which is capable of attaining specified compaction levels, excluding soils with contain organics, debris, or are potentially expansive (CH or MH per the Unified Soil Classification System). PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3.A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. EXCAVATION AND FILL © 2018 Stantec 1 1938041 14 31 23 00 - 2 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3.C, or as modified herein. 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3.D, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3.1, or as modified herein. 1. Reclaim and milled materials may only be used as specified in the Drawings or as directed by the Engineer. 2. No disposition of bituminous will be permitted within the Project limits except as specified in the Drawings. 3.05 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3.H, or as modified herein. l . Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of granular borrow prior to placement of an aggregate base shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL © 2018 Stantec 1 1938041 14 31 23 00 - 3 This Page Left Blank Intentionally SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. Subgrade preparation shall be completed in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 -Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the geotextile fabric, salvaged millings, sand subbase, aggregate backfill material, concrete curb and gutter, and bituminous pavement. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. SUBGRADE PREPARATION © 2018 Stantec 1 1938041 14 31 23 13 - 1 PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1 /2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3.F, or as modified herein. 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3.H, or as modified below. 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2018 Stantec 1 1938041 14 31 23 13 - 2 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. b. Bid Item is for roadway patch areas only. c. Aggregate base material for driveway patch areas shall be incidental to the Patch Bid Items. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). AGGREGATE BASE COURSES © 2018 Stantec 1 1938041 14 3211 23-1 PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate, except as modified herein: 1. For any failing aggregate tests, the Engineer, at his/her discretion, may require corrective action or allow for monetary price adjustments per MnDOT Spec. 2211.5. 2. Corrective action for failing aggregate tests may include removal and replacement of all non -conforming materials. 3. On -Site recycled materials shall not be used unless directed by the Engineer. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Specified Density Method. Compact by mechanical means to 100-Percent Standard Proctor Density. 2. Compaction for aggregate base on driveways and sidewalks shall be done by the Quality Compaction Method. 3. Install aggregate base in accordance with details on Drawings. 4. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2018 Stantec 1 1938041 14 32 11 23 - 2 SECTION 32 11 25 FULL DEPTH RECLAMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Reclamation of the existing bituminous surfacing and a portion of the existing base material. 2. Add rock. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 4. Section 32 12 01 - Flexible Paving (Municipal Projects) . 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . A Bid Item has been provided for Full Depth Reclamation. Measurement will be by the square yard, based on the actual area of pavement that is reclaimed, regardless of depth. a. Payment for removal of excess material, leveling, and compaction of the material immediately after it is reclaimed is to be included in the Bid Unit Price per square yard. b. The Bid Unit Price is to include the motor grader and any water necessary to maintain the roadway until paved. 2. Finish grading and tolerancing prior to paving is considered incidental to the reclamation. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 4. 2211 - Aggregate Base. 5. 3138 - Aggregate for Surface and Base Courses. 1.04 SEQUENCING AND SCHEDULING A. Reclamation of existing bituminous material and aggregate base. FULL DEPTH RECLAMATION © 2018 Stantec 1 1938041 14 32 11 25 - 1 B. Compaction of the reclaimed material by rubber -tired roller is required immediately following the reclamation process, and before excavation and removal of excess material. C. Finish grading and tolerance roadway. PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base, Class 5 PART 3 EXECUTION 3.01 GENERAL A. Create an aggregate base course composed of the existing bituminous pavement and a portion of the existing subgrade material. 3.02 PREPARATION A. The Contractor is to provide a 48-hours notice prior to beginning ilie reclamation process. 3.03 EQUIPMENT A. Contractor to notify the Engineer of the equipment to be used at the preconstruction conference 1. Equipment to be hydrostatically driven. 2. Computerized operation controls. 3. Capable of cutting up to a 12-inch depth in 1 pass. 3.04 THICKNESS REQUIREMENTS A. Typical Reclaimed Section 1. Existing street section within reclaim area consists of approximately 2-inches of bituminous, 10-inches of subgrade material. 2. Rotating cutter drum to operate parallel to the existing road surface, providing a uniform 10-inch section across the entire roadway. 3. The reclaimed depth is anticipated to be 10-inches, however, if variations occur, the depth shall be between 8-inches and 12-inches. 4. Special precautions shall occur when reclamation is near/over the shallow CenterPoint natural gas main Vaults located approximately 15-inches below grade. Pavement removal may be chosen for these isolated areas instead of reclaiming. Vault locations are to be confirmed and located in field. END OF SECTION FULL DEPTH RECLAMATION © 2018 Stantec 1 1938041 14 3211 25 - 2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 16 13 - Concrete Curbs and Gutters. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Spec. 2360.4 and 2360.5, except as modified herein. 2. A Bid Item has been provided for Bituminous Material for Tack Coat. a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non -wearing course placement is considered incidental to the placement of the non -wearing course. 3. Bid Items have been provided for Type SP 12.5 Non Wearing Course Mixture (2,B) and Type SP 9.5 Wearing Course Mixture (2,B). a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2016. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70-percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 4. A Bid Item has been provided for Bituminous Patching Mixture. This Bid Item is for use on Mill and Overlay patch sections to correct insufficient pavement and/or sub -base areas as directed by the Engineer. The depth of the bituminous patch shall match the existing depth of the pavement in that area minus the depth of the overlay for that area of sub -base correction. Sawcutting, removal of existing pavement material, compaction and bituminous material for the patch is considered incidental to the bid Item. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2018 Stantec 1 1938041 14 32 12 01 -1 a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2016. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 5. A Bid Item has been provided for Bituminous Driveway Patch. Measurement shall be by the area in square yards of driveway patched. a. All Work to complete the driveway patching complete as specified, including saw cutting, removal of bituminous driveway and base material, compaction, furnishing and installation of new aggregate base material, and bituminous paving, shall be incidental to this bid item. 6. Preparation of Bituminous Non -Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean-up of the bituminous non -wearing course with a power pickup broom. b. Final adjustment of the structures to conform to Section 33 05 17. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2016 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. A copy can be found at ht# www.dot.state.mn.us re-lettin sec 2016 2016s ecbook. df a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat. 3. 2535 - Bituminous Curb. 4. 3139 - Graded Aggregate For Bituminous Mixtures. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2018 Stantec 1 1938041 14 32 12 01 - 2 C. Adjust structures prior to placement of bituminous wearing course as specified in Section 3305 17. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT Spec. 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form.Conform to MnDOT Spec. 2360.2, except as modified herein. 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357. a. Emulsified Asphalt, Cationic, CSS-1 or CSS-1 H. D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.2.G, except as modified herein. 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer, testing rates will not exceed Table 2360.10 and 2360.11. a. A verification sample will be taken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non -Wear Course 1. Final clean-up of the bituminous surface with the use of a power pickup broom and front-end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2018 Stantec 1 1938041 14 32 12 01 -3 I . For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or saw cutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2-foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Spec. 2360.3.A, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees F or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Spec. 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2360.3.B. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3.C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3.D (Table 2357-2). 2. Along the front edge of the concrete curb and gutter, prior to placement of both bituminous base and wearing course. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Spec. 2360.3.D, except as modified herein. 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Spec. 2360.3.D.2 - Ordinary Compaction Method. 2. All other Pavement Density shall conform to Spec. 2360.3.D.1 - Maximum Density Method. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2018 Stantec 1 1938041 14 32 12 01 - 4 3. M dify Table 2360-21 Lot Determination as indicated below: Daily Production (Tons) Lots 200 to 1,000 1 1,001 to 2,000 2 Daily Production (Tons) Lots 2,001 to 3,600 3 3,601 to 5,000 4 5,001 + 6 Daily production 0 to 200 tons is at the discretion of the Engineer. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.01 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Spec. 2360.3.E, except as modified herein. l . Table 2360-26, Final wear adjacent to fixed structures for manholes and valves shall conform to Section 33 05 17. 2. The sentence "In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements." is deleted from 2360.3.E Surface Requirements. Pavement Smoothness will not apply to this Project. 3. Structure Adjustment - Conform to Section 33 05 17 for tolerances. 3.02 TIGHTBLADING A. This item is intended to be used to fill cracks and other deformations on the existing roadway that will not be corrected with milling or removal and replacement operations. B. Tack material shall be applied to the road before tightblading operations begin. C. Mixture shall only be applied in locations that are not slated for milling or removal and replacement. D. Motor grader used to spread material shall have 1-foot shoe extensions on each end of the mow board. E. Following application of the material, it shall be rolled with a rubber tire roller. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2018 Stantec 1 1938041 14 32 12 01 - 5 This Page Left Blank Intentionally SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways, driveways, and valley gutters. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 4. Section 32 12 01 - Flexible Paving (Municipal Projects). 5. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Concrete Driveway Patch. Measurement shall be on the basis of square yard of driveway patched for each depth. a. Payment shall include the following: 1 j Saw cutting and removal of existing concrete and base material. 2) Concrete materials. 3j Subgrade and base preparation. 4) Placement of materials, including aggregate base and concrete. 5) Finishing. 6) Curing and protection. 7) Backfilling. b. Excavation for concrete driveway patch is considered incidental. 2. Depth of concrete driveway to conform to the Details on the Drawings. a. Residential concrete driveway: 6-inches thick b. Commercial concrete driveway: 7-inches thick 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 -Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3753-Type 1-D Membrane Curing Compound. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2018 Stantec 1 1938041 14 3213 14 - 1 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 8. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will approve the contractor designed job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed prior to the placement of the bituminous walk or pathway. B. Construction of the concrete driveway apron shall begin no sooner than 24 hours after placement of the adjacent concrete curb and gutter with completion within 5 days of curb placement. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification. a. Sidewalk, Pedestrian Ramps, and Driveways: Mix No. 3F52A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 31 23 00. 2. Aggregated Base: Conforming to Section 32 11 23. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193804114 32 13 14 - 2 PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway and driveways at the locations and elevations indicated on the Drawings. C. Construct walkways and driveways to conform to the typical section shown on the Drawings. D. Construct concrete driveway aprons to conform to the Drawings. E. Verify locations with Engineer in the field prior to construction. F. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. G. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. H. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 31 23 13 or Section 32 11 23. Compaction of subgrade base shall conform to MnDOT Spec. 221 1.3.C. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.3.C. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3.D:2, except as modified herein. 1. Maximum spacing of expansion joints for walkways shall be 60-feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.31, except as modified herein. 1. Install four No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2-inches coverage on all sides. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 1938041 14 32 13 14 - 3 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3.D and 2531.3.D for slip form or 2531.3.1 for manual placement, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8-inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3.E and 2521.3.E.1.a (Membrane Curing Method), except as modified herein. 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing -at the specified rate. 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3.E.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees F within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2.F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.09 BACKFILLING A. Conform to MnDOT Spec.2521.3.G, except as modified herein. 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS; MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 1938041 14 32 13 14 - 4 SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete curbs, and concrete curb and gutter. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Concrete Curb and Gutter Design B618. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/castings that are located along the face of curb. 2. No separate measurement or payment for modifications at curb ramps, transition sections, or curb depressions at driveway aprons. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 -Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 7. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. © 2018 Stantec 1 1938041 14 4 CURBS AND GUTTERS 32 16 13-1 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. Allow for sufficient curing time. C. Coordinate notifications of restricted driveway access with Engineer and property owners. Minimizing inconvenience to businesses and residents is a necessity to the success of the project. D. Spot replacement of curb and gutter should be completed prior to any bituminous paving in the mill and overlay and full pavement removal areas. 1. Install new curb and gutter within 3 days of removal in these areas. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3F52C. b. Slip Form Placement Mix No. 3F32C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb and gutter as shown on the Drawings. CURBS AND GUTTERS © 2018 Stantec 1 1938041 14 32 16 13 - 2 D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. J. Contractor shall confirm locations of application of curing compound to existing curb and gutter with the Engineer prior to application. K. Contractor shall take care during cure application to protect existing driveways and street surfaces from cure material. L. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3. Aggregate base shall be approved by Engineer prior to curb and gutter placement. 3.03 FORMS A. Conform to MnDOT Spec. 2531.3.B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3.E, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200-feet. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3.F, except as modified herein. 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2-inch coverage on all sides. a. Placement at catch basins conform to the details on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. CURBS AND GUTTERS © 2018 Stantec 1 1938041 14 32 16 13 - 3 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3.G and 2531.3.G.1.a (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees F during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3.G.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees F within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3.H, except as modified herein. 1. Initial Backfilling a. Follow the 72-hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2.F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20-percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.10 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3.1, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION CURBS AND GUTTERS © 2018 Stantec 1 1938041 14 3216 13 - 4 SECTION 32 17 23 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic- B. Related Sections 1. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Bid Items for pavement markings of each type are provided. Payment of each Bid Item shall be compensation in full for all costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the Work, removal of temporary pavement markers, together with any other expenses incurred in completing the Work that are not specifically included for payment under the Contract Bid Items. a. A Bid Item has been provided for Zebra Crosswalk Paint. 1) Shall be measured by the area of painted crosswalk in square feet on the basis of 3-foot by 6-foot blocks actually applied. 2) Temporary striping on non -wear shall be incidental. b. A Bid Item has been provided for 4" Solid White Line - Paint. 1) Shall be measured by the lineal foot on the basis of length of lines actually applied, at a 4-inch width. c. A Bid Item has been provided for 4" Double Solid Yellow Line - Paint. 1) Shall be measured by the lineal foot on the basis of length of double lines actually applied, at a 4-inch width per line. d. A Bid Item has been provided for 24" Solid White Line - Paint. 1) Shall be measured by the lineal foot on the basis of length of lines actually applied, at a 24-inch width. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2582 - Permanent Pavement Markings. 2. 3591 - High Solids Water Based Traffic Paint. 3. 3592 - Drop -On Glass Beads. 4. The Application Specification for Conventional Pavement Marking Materials. 1.04 SUBMITTALS A. 1 copy of the chosen paint lot or batch formulation. PAVEMENT MARKINGS © 2018 Stantec 1 1938041 14 32 17 23 - 1 B. Pavement Marking Contractor Qualifications/Certifications. C. MnDOT Certification approvals. 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. PART 2 PRODUCTS 2.01 MATERIALS A. Paint 1. Type II, slow cure material. 2. Solvent free. 3. Free of toxic heavy metals. 4. Colors a. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. b. White Color - Flat white. c. Yellow Color - Color No. 33538 of Federal Standard 595. B. Glass Beads 1. Conform to MnDOT Spec. 3592. 2.02 EQUIPMENT A. General 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Shadow vehicle with truck -mounted attenuator shall be used on streets with posted speed equal to or greater than 40 m.p.h. or ADT greater than 1,500 vehicles per day. 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 Ibs/gal. 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water -based materials. PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. PAVEMENT MARKINGS © 2018 Stantec 1 1938041 14 32 17 23 - 2 3.02 SCHEDULE A. Paint Pavement Markings 1. Place following completion of bituminous wear course: a. No sooner than 24 hours after placement of bituminous. b. Within 5 working days of completion of bituminous placement. 3.03 PREPARATION A. Locations 1. In general accordance with the Drawings. a. Location of marking designating no passing zones to be coordinated with corresponding traffic signs. 2. The Engineer will place necessary "Spotting" at appropriate points. a. Horizontal control. b. Starting and stopping points. c. Broken line intervals will not be marked. d. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. e. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. 3. Edge lines and lane lines are to be broken only at intersections with public roads and at private entrances if they are controlled by a yield sign, stop sign, or traffic signal. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. Street Surface 1. Engineer may direct cleaning of surface as necessary immediately prior to marking application. a. Brushing with non-metallic rotary broom. b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F. 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1 /4 inch under or 1 /4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from the control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4-inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to 15 ten -foot long stripes shall be wasted prior to beginning application with the new color. PAVEMENT MARKINGS © 2018 Stantec 1 1938041 14 32 17 23 - 3 Conditions a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of paint markings. 2. Rate of application shall be 8 lbs. per gallon. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. END OF SECTION PAVEMENT MARKINGS © 2018 Stantec 1 1938041 14 32 17 23 - 4 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control compost blanket. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Seed with Erosion Control Blanket. Measurement will be based on units of square yards installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer, seed, and all correlated activity to install seed and blanket. Maintenance and watering shall be incidental to this Bid Item. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 3300. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. C. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3-years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. TURF AND GRASSES 0 2018 Stantec 1 1938041 14 32 92 00 - 1 E. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. F. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. G. Label from soil moisture amendment product utilized. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. Seeding - At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for seeding (for March and April Plantings the evaluation will be made the following May). All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re -supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings, 2014 MnDOT Seeding Manual, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. B. "Pick rocks" from topsoil which are larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to installing erosion control compost blanket blown with seed. PART 2 PRODUCTS 2.01 TOPSOIL: Conform to Section 31 23 00. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70-percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall be complete fertilizer containing 24-percent nitrogen, 12-percent phosphoric acid, and 24-percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.03 SEED: Conform to MnDOT Spec. 3876. A. Residential Lawns: Conform to MnDOT Mixture 25-151. TURF AND GRASSES © 2018 Stantec 1 1938041 14 32 92 00 - 2 2.04 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 01 57 13. 2.05 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. Category 0, Type 1S, weed -free. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574 C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.3.D. 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to Table 2 in the 2014 MnDOT Seeding Manual and MnDOT Spec. 2575: 1. Spring: April 1 -June 1 2. Fall: July 20 - September 20 3. Deviations in planting schedule will be at the approval of the Engineer. TURF AND GRASSES © 2018 Stantec 1 1938041 14 32 92 00 - 3 B. Seeding Preparation and Application: Conform to MnDOT Spec. 2574 for the mixes specified. C. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual, except as modified herein: 1. For 25-151 seed mix, apply seed at a rate of 120 lbs. per acre. D. Disk anchoring shall be considered incidental to placement of Seed. 3.05 MULCH: Conform to Section 01 57 13. 3.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 01 57 13. 3.07 EROSION CONTROL BLANKET A. Conform to Section 01 57 13. 3.08 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.09 TURF ESTABLISHMENT A. Water seeded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot. 3.10 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.3K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited weed control, watering, and mowing. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. C. Any seed that does not show definite growth and establishment by the end of the establishment period shall be replaced and established at the proper season by the Contractor at his/her expense. D. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. E. Watering of seeded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the seeding areas. The TURF AND GRASSES 0 2018 Stantec 1 1938041 14 32 92 00 - 4 watering must be approved prior to occurring by the Owner, and water tickets for seeded areas only must be submitted to the Engineer on a weekly basis. 3.11 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. 1. All permanent seed species within the applied mix shall be uniformly established over the seeded area. 2. The acceptance of the seed establishment shall be at the Engineer's discretion. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90-percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES © 2018 Stantec 1 193804114 32 92 00 - 5 This Page Left Blank Intentionally SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Replace Sanitary Casting and Rings. Per each sanitary sewer manhole for each type of ring as shown on the Drawings and Bid Form or as directed by the Engineer. Payment includes removal and disposal of existing casting and rings, excavation, compaction, new HDPE Rings and a New Frame, adjustment, and bituminous replacement around frame. The Lid for Sanitary Sewer MH's will be provided by New Hope and will be available for pick-up at Public Works. 2. Remove and Replace Water Gate Valve Box Top Section: Measurement will be based on each Valve Box installed. Payment at the Bid Unit Price shall include removal of existing gate valve box top section, furnishing and installing the Valve Box Top Section complete in place as specified, adjustment per specifications. a. This Bid item is for any water valve boxes discovered to be broken and in need of replacement after milling is complete. b. Any Valve boxes found to be broken as a result of the milling due to carelessness will be replaced at the Contractor's expense. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Casting. 2. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. Cb - Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C 150 -Specification for Portland Cement (Concrete Rings/Mortar). b. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. ADJUST MISCELLANEOUS STRUCTURES © 2018 Stantec 1 1938041 14 3305 17 - 1 B. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2506 - Manholes and Catch Basins. 2. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. High -Density Polyethylene (HDPE) 1. Molded high -density polyethylene conforming to ASTM D1248. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. Mortar 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: 1-part cement to 3-parts mortar sand; lime may be added to mixture. Maximum amount 15 percent by volume. C. Sealant (For HDPE Rings) 1. DOW 999 - A building caulking and glazing sealant, or approved equal. 2. Open cell polyurethane foam sealant with adhesive backing. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers l . Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non -rocking protection. 5. Type and Style: Per details on Drawings except as modified below. 6. Sanitary Sewer and Storm Sewer Manhole Lids: a. "New Hope" Logo Lid will be provided by the City and can be picked -up by the Contractor at New Hope Public Works: 5500 International Parkway. 2.04 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. ADJUST MISCELLANEOUS STRUCTURES © 2018 Stantec 1 1938041 14 3305 17 - 2 2.05 VALVE BOX A. Valve Boxes Upper Section 1. Adjustable, cast iron, screw -type. 2. 5-1/4 inch diameter shafts. 3. "Stay put" type drop covers, "WATER" on top with extended skirts. PART 3 EXECUTION 3.01 GENERAL A. Where existing frame is within 0.10-feet of grade, no adjustment is to be made. B. The frame shall be raised or lowered to match the street or gutter. C. Protect existing structures from damage. D. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 INSTALL CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. HDPE Adjusting Ring 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for adjusting rings as per the following: Location of Sealant Type of Sealant Between casting and last ring: Two 1/2-inch beads of DOW 999 Between intermediate rings: 1/2-inch bead of DOW 999 Between cone/top slab and first ring: Two 1/2-inch beads of DOW 999 3. Sealant to be placed around entire circumference of each unit with no gaps. 4. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. 5. Minimum of 2, maximum of 5 rings allowed. 6. Install new frame and casting. 7. Wrap entire casting and ring system with geotextile. For structures with cone section, geotextile wrap to extend over a minimum length of 18 inches of the cone. 8. Patch road to match existing pavement section. 9. Dispose of removed material off Site. © 2018 Stantec 1 1938041 14 ADJUST MISCELLANEOUS STRUCTURES 3305 17-3 3.04 REMOVE EXISTING AND PLACE NEW CASTING A. Remove and dispose of frame and casting as indicated on the Drawings. B. Place new adjustment rings conforming to Article 3.03 - Adjust Frame and Ring Casting. C. Install new frame and casting. D. Patch road to match existing pavement section. E. Dispose of removed material off Site. 3.05 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved top section as directed by Engineer. Payment for adjustment is considered incidental to the Bid Item, 'Remove and Replace Water Gate Valve Box Section' as discussed in Section 33 05 17. 3.06 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8-inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Manholes and Catch Basin Frames 1/8-inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10-feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with adjustment rings of the same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES © 2018 Stantec 1 1938041 14 3305 17 - 4 SECTION 34 41 05 TRAFFIC SIGNS AND DEVICES PART 1 GENERAL A. Section Includes 1. Signs, signposts, and hardware. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Sign Panels Type C. All new signs shall be measured in accordance with MnDOT Spec. 2564.4G. Payment for all sign installation shall be at the Bid Unit Price per unit of measure of square feet and shall include all materials, equipment, and labor necessary to install each sign and post(s) at the staked location. 2. There will be no extra compensation for posts, regardless of length or required configuration. There shall be no extra compensation for post installations in bituminous or concrete surfaces. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2564 - Traffic Signs and Devices. 2. 3352 -Signs, Delineators, and Markers. 3. 3401 - Flanged Channel Sign Posts. B. Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). C. Minnesota Department of Transportation Standard Signs Manual. PART 2 PRODUCTS 2.01 MATERIALS A. Sign Material 1. Sign Panel Base Material: Sheet aluminum conforming to the material requirements of MnDOT Spec. 3352.2.A.1.a. 2. Sign Face Material for Sign Panels: Reflective sheeting conforming to the requirements of MnDOT Spec. 3352.2.A.2.g "Sign Sheeting Type XI." a. Diamond Grade DG3 from MnDOT Approved Products list. 3. Sign Legend Material for Signs: "Direct Applied" conforming to the requirements of MnDOT Spec. 3352.2.A.5. TRAFFIC SIGNS AND DEVICES © 2018 Stantec 1 1938041 14 3441 05 - 1 Square Sign Posts 1. All Type C and Street Name Blade signposts shall be Telespar by Unistrut or approved equal: a. Anchor System: 2-inch square, 12-gauge, non -perforated, galvanized, with Telespar Omni -anchor system, or approved equal. b. Post: 1-3/4 inch square, 14-gauge, non -perforated, galvanized. 2. The appropriate length of the upper post shall be determined by the Contractor to meet the construction requirements of the above stated references and herein at each specific location staked by the Engineer. a. Post length to be 8'-0" minimum, 12'-0" maximum. 3. Attach post to anchor system with 5/16-inch diameter corner bolt. C. Hardware 1. Bolts: a. 5/1 6-inch stainless steel bolts b. A-304 stainless steel or Grade 5 zinc plated steel. 2. Nylon inserts lock nuts. 3. Nylon washers: a. 1 /32-inch thick. b. Maximum of 3/8-inch inside diameter. c. Maximum of 7/8-inch outside diameter. 4. Stainless steel washer. PART 3 EXECUTION 3.01 GENERAL A. Unless otherwise noted or modified herein, all sections of MnDOT Spec. 2564, all sections of MnDOT's Standard Signs Manual, and Chapter 6 of MMUTCD shall apply. B. The fabrication of all signs and devices shall conform to MnDOT Spec. 2564 and the latest edition of the MMUTCD and the MnDOT Standard Signs Manual. C. The sign number designation indicated on the Drawings shall comply with applicable requirements of MMUTCD and MnDOT Standard Signs Manual: 3.02 CONSTRUCTION A. Sign locations shown on the Drawings are only approximate. The final locations shall be determined in the field by the Engineer. Contractor is responsible. for having all underground utilities located prior to installing all signposts. Provide Engineer 48-hour notice prior to sign installations to allow for adequate staking time. B. Fabricate, hole -punch, and mount sign panels in accordance with the standard drawings in the MnDOT Standard Signs Manual. Date the back of each newly installed sign panel with the month and year using a thick permanent black marker pen or furnish and install inventory/I.D. stickers approved by the Owner. C. Install nylon washers between the bolt and the sign face (sheeting). Do not over tighten bolts to the point where the sign sheeting separates from the sign backing, which would be cause for rejection and replacement at no additional cost to the Contract. The nylon wnsherS used to protect to sign face shall be 1 /32-inch thick, have a maximum inside TRAFFIC SIGNS AND DEVICES 0 2018 Stantec 1 1938041 14 3441 05 - 2 diameter of 3/8-inch, and outside diameter of 7/8-inch. There shall also be a stainless -steel washer between the nylon washer and the bolt head. D. The bottom section of each signpost shall be mounted into the ground to a minimum depth of 3-1/2 feet. The lower section of post shall be at least 30 inches above the ground to allow for a 12-inch splice and a minimum clearance of 18 inches from the ground to the bottom of the top section of post. The splice of the upper and lower section posts shall be made with 2-5/16 inch stainless -steel bolts with nylon insert lock nuts placed in the top and bottom holes of the overlap splice. Where 2 or more single post signs are mounted side by side, they shall be reinforced laterally by at least 2 post sections, bolted at each post, and located approximately at the quarter points. E. Contractor should plan for sign placements in hard surfaced areas prior to any new concrete and/or bituminous paving and provide "box -outs" for each sign in such a location. The "box -out" must be a 6-inch diameter round section of PVC pipe or a 6-inch core cut hole. With either option, the box -out must be to a depth which encroaches the underlying soils. F. Sign panels shall be located relative to concrete curb per Figure 6.3 of the MnDOT Traffic Engineering Manual: 1. Lowest point of any sign panel shall be 7-feet above finished grade at the point of installation. 2. Edge of sign panel shall be no closer than 2-feet from the face of curb. G. The Contractor shall install MnDOT approved/furnished warning stickers on all new Type C sign panels. END OF SECTION TRAFFIC SIGNS AND DEVICES 0 2018 Stantec 1 1938041 14 3441 05 - 3 This Page Left Blank Intentionally a� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 3/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Associated Benefits and Risk Consulting 6000 Clearwater Drive Minnetonka MN 55343 IN rud 10677 INSURED VALLE-1 Valley Paving, Inc. & River City Asphalt, Inc. 8800 13th Avenue East Shakopee MN 55379 INSURER E : COVERAGES CERTIFICATE NUMBER: 1489382 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AI1Dt�SuBR' POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYV MMIDDIYYYY A X I COMMERCIAL GENERAL LIABILITY Y Y EPP0448205 7/20/2017 6/1/2020 EACH OCCURRENCE $ 1.000.000 CLAIMS -MADE u OCCUR �AMAI ToTE PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $10.000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 PRODUCTS - COMP/OP AGG $ 2,000,000 PRO - POLICY ECT ❑ LOC $ OTHER. A AUTOMOBILE LIABILITY Y Y EBA0448205 7/20/2017 6/1/2018 COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR EPP0448205 7/20/2017 6/1/2020 EACH OCCURRENCE $ 10.000,000 RUEXCESS AGGREGATE $ 10,000,000 LIAB CLAIMS -MADE D I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE EWC0448458 7/20/2017 6/1/2018 X STATUTE ERER H E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N /A (Mandatory in NH) E.L_ DISEASE - EA EMPLOYEE $ 1,000,000 L. DISEASE - POLICY LIMIT $ 1.000 000 If yes, describe under DESCRIPTION OF OPERATIONS below A Leased/Rented Equipment EPP0448205 7/20/2017 6/1/2020 Limit $700,000 Deductible $1, 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The following endorsements apply to the name(s)lproject(s) listed below only if required by written contract Or agreement: General Liability; GA233 02/07 Primary & Non -Contributory Additional Insured for Ongoing & Completed Operations and Blanket Waiver of Subrogation Automobile: AA 4171 11105 Blanket Additional Insured; AA 4172 09109 Blanket Waiver Of Subrogation N Umbrella follows underlying insurance forms. City of New Hope, Minnesota 2018 55th Avenue North Street Improvements City Project Nos. 1010 / Stantec Project No. 193804114 GERTIFIGA City of New Hope 4401 Xylon Ave N New Hope MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 19BU-ZU14 AGUKU GUKNUKA I IUN. All rignis reserveu. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Valley Paving, Inc. 8800 13th Ave E Shakopee, MN 55379 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name, and Address of Principal Place of Business),: North American Specialty Insurance Company 5200 Matcalf OPN111 Overland Park, KS 66202-1391 CONTRACT Effective Date of Agreement: March 26, 2018 Amount: $133,455.40 Description (Name and Location): 2018 55th Avenue North Street Improvements Project; City Project No. 1010, New Hope, MN BOND Bond Number: 2223855 Date (Not earlier than Effective Date of Agreement): March 30, 2018 Amount: $133,455.40 Modifications to this Bond Form: None 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. CONTRACTOR AS PRINCIPAL SURETY Valley Paving, Inc. North American Specialty Insurance Company (Seal) _ (Seal) Contractor's Nai e and Co ate Seal Surety's Name cl oiporate Seal By: By Si a re Signature (Attach Power of Attorney) Attest: Brent A,C_arron Print Name Secretary Title Lin Ulven Print Name Attorney -in -Fact Title Attest: C-4LI, I/%J_ Q q Signature w Surety Account Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. 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 Contractor Default or within two years after Contractor ceased working or within two years after 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 period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker:Cobb Strecker Dunphy & Zimmermann, Inc., 225 South Sixth Street, Suite 1900, Minneapolis, MN 5540 Owner's Representative (Engineer or other par(y): Stantec Consulting Services, Inc. 2335 Highway 36 West St. Paul, MN 55113 EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 3 of 3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGMENT State of. Minnesota _) County of Scott )ss_ ) On this 30th day of March 2018 , before me appeared Brent A. Carron tome personally known, who, being by me duly sworn, did say that he/she is the Vice President of Valley Paving, Inc. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corpora on, and that said instrument was executed in behalf of said corporation by authority of its Board of D' e ors, and that said ent A. Carron acknowled ed said instrument to -be -the -free act and ee of s id orporatio CAROL J. jOHNSO KADRUK N01aRrPUauc • MINNESOTA MY CnR►rr3431ion 601+as Jan, 31, 2a1q No blic a j%tt County, MN My commission expires 1 /31 /2020 SURETY ACKNOWLEDGMENT State of Minnesota 1 ) ss County of Hennepin } On this 30th day of March 2018 , before me appeared _Lin Ulven to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of North American Specialty Insurance Company , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Lin Ulven _ acknowledged said instrument to be the free act and deed of said corporation. . SANDRA M. ENp S S M NUfARYPUBLIC-MINNESOTA MyCommissionExpin�s { c' Notary Public Hennepin Count Minnesota Ianuary31,2021 Y P Y+ My commission expires 1/31/2021 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: R- W. FRANK, R. SCOTT EGGINTON, JOHN E. TAUER, CRAIG REMICK, JOSHUA R. LOFTIS, TINA L. DOMASK, ROSS S. SQUIRES, RACHEL THOMAS, NICOLE STILLINGS, SANDRA M. ENGSTRUM, BETSY WRIGHT, JEROME T. OUIMET, KURT C. LUNDBLAD, BRIAN L OESTREICH, LIN ULVEN, EMILY WHITE, TED JORGENSEN, MELINDA C. BLODGETP, R.C. BOWMAN, COLBY D. WHITE, ALLISON HILL and RICK GIBBS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." SEAL 1073 By a,-6-2 Sl even P. AndcrA on, Senjoir V1ce res ent o as ng+ont Internallorpal Tm;Wr—aace Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President ofWestportInsurance Corporation By -fW/-/ # Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North ANIVrirall Specially Insurmnce Company & Senior Vice President of Westport Insurance Corporattail IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 7th day of November , 20 17 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 7th day of November , 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEALS g� M. KENNY'�_� t' � .'<_ •=�. ; Na My y Publft • Sumo of Il knois � ��x xpurs M. Kenny, Notary Public t I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of March , 2018 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North Ametican Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corpoiation PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Valley Paving, Inc. 8800 13th Ave E Shakopee, MN 55379 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT SURETY (Name, and Address of Principal Place of Business): North American Specialty Insurance Company 5200 Matcalf OPNI11 Overland Park, KS 66202-1391 Effective Date of Agreement: March 26, 2018 Amount: $133,455.40 Description (Name and Location): 2018 55th Avenue North Street Improvements Project; City Project No. 1010, New Hope, MN BOND Bond Number: 2223855 Date (Not earlier than Effective Date of Agreement): March 30, 2018 Amount: $133,455.40 Modifications to this Bond Form: None 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 Valley Paving, Inc. Contractor's Name and Corpor Seal By: Z<m"l S ign&e Brent A.Carron Print Name SURETY (Seal) North American Specialty Insurance Company Surety's Name and Corporate Seal By: S1gna ure (Attach Power of Attorney) Lin Ulven Print Name Vice President Attorney -in -Fact T Title 1 Attest: Attest: t nature Signature Secretary Title Surety Account Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Paee 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 t3.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, 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 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. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and 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. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 225 South Sixth Street, Suite 1900, Minneapolis, MN Owner's Representative (Engineer or other): Stantec Consulting services Inc. 2335 Highway 36 West St. Paul, MN 55113 BJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 t4ge 3 of 3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGMENT State of Minnesota ) ) ss County of Scott } On this 3.Oth day of March 2018 , before me appeared Brent A. Carron tome personally known, who, being by me duly sworn, did say that he/she is the Vice President of Valley Paving, Inc. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of rectors, and that said Brent A. Carron acknowledged said instrument to be the free act a d e d of id corpora ' �7il%1 . Notary Public d Scott My commission expires 1 /31 /2020 SURETY ACKNOWLEDGMENT State of Minnesota I ss County of Hennepin } County, MN On this 30th day of _ March _ 2018 , before me appeared Lin Ulven to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of North American Specialty Insurance Company _ a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Lin Ulven acknowledged said instrument to be the free act and deed of said corporation. ww SANDRAM. ENGSTRUM f _ NOTARY PUBLIC- MINNESOTA� My commission Expires Notary Public Hennepin County, Minnesota January 31, 2021 My commission expires 1/31/2021 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: R. W. FRANK, R. SCOTT EGGINTON, JOHN E. TAUER, CRAIG REMICK, JOSHUA R. LOFTIS, TINA L. DOMASK, ROSS S, SQUIRES, RACHEL THOMAS, NICOLE STILLINGS, SANDRA M. ENGSTRUM, BETSY WRIGHT, JEROME T. OUIMET, KURT C. LUNDBLAD, BRIAN L OESTREICH, LIN ULVEN, EMILY WHITE, TED JORGENSEN, MELINDA C, BLODGETT, R.0 BOWMAN, COLBY D. WHITE, ALLISON HILL and RICK GIBBS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By ml-�- Steven P. Anderson, Senior V gton lolarnational lasuraffea Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of WWcssttport Insurance Corporation By ` I Mike A. Ito, Senior Vice President of Washington lntertlational Insurance Company & Senior Vice President of Notilt American specla Icy Insurance Company & Senior Vice President of Wesrport Insurauea Corporminu IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 7th day of November 20 17 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 7th day of November 120 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFIC AL SEAL M. KENNY Nolaty Pubik • Slate nl 1111u4 y ntyc xnwi;%i""` M. Kenny, Notary Public I I, .Jeffrey Goldbergthe duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of March , 2018 Jeffray Goldberg, Vice President & AuWant Secretary of Washington International Insuiance Company & Nmjb American Specialty Iusunmee Company & Vice President & Assistant Secretary of Westport Insurance Corporation AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA } ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of. HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 02/22/2018 and the last insertion being on 02/22/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: arc. Designated Agent Subscribed and sworn to or affirmed before me on 02/22/2018 by Darlene MacPherson. 2, MARY ELIZABETH KNAPP NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31 2023 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 784354 CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Tuesday, March 20, 2018, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2018 55th Avenue N Street Improvements Project - City Project No. 1010 In general, Work consists of a 2" mill and overlay and full depth rec- lamation including spot replacements of sanitary sewer castings and frames. The Project consists of the following approximate quantities: 7,200 SY Mill Bituminous Pavement 1,200 SY Full Depth Reclamation 235 LF Remove & Replace B618 Concrete Curb & Gutter 75 TN Class 5, Aggregate Base 1,050 TN Bituminous Pavement 6 EA Replace Sanitary Casting and Rings 2,200 LF Roadway Striping Along with miscellaneous restoration, signing, striping and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn. cam for $20 by inputting QuestCDN eBid0oc 95564107 on the web - site's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Ann Dienhar , at (651) 604-4725. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota Published in the New Hope -Golden Valley Sun Post February 22, 2018 784354 CITY OF NEW HOPE NOTICE OF PUBLIC HEARING FOR PROPOSED 2018 55TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1010 City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of Now Hope, Minnesota, will most on February 12, 2018, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of hold- ing a public hearing on a proposed street and infrastructure Improve- ment as described hereinafter. 2. The general nature of the improvement, as described in the Jan- uary 2018 feasibility report entitled 2018 55th Avenue North Street Im- provements, City Project No. 1010, prepared by 5tantec Consulting Services, tnc„ Engineers for the City, is: Mfll and overlay rehabilitation or full -depth reclamation of approx- imately .45 miles of city streets as hereafter described, Spot ma€nte- nonce including rings and castings replacement will be made to desig- nated sanitary sewer mains and non -conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration Into the sanitary sewer sys- tem. Spot maintenance on water utility structures will be made to repair failing structures. However, only the costs for the street improvements are proposed to be speclet €y assessed. The street improvements to be assessed Involve 2 construction strategies; (1) A full -width MITI and Overlay consisting of milling the upper 2 Inches of the existing bituml- nous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface: and {4 Full -Depth Reclama- tion consisting of grinding up the entire pavement section and mixing it with underlying aggregate base, creating a homogeneous roadway base. New, 4-inch lifts of bituminous wear pavement are then placed over tite entire roadway. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or faiting pavement prior to the now bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' January 2018 feasibility report, the streets Includ- ed in the project are as follows: (a) for Mitt and Ova day —approximately 2,000 feet (0.38 miles) of 55th Avenue North from the Cul-de-sac (to the west of Zealand Avenue North] on she west to Utah Avenue North on the east; and (b) for Reclaim and Overlay - approximately the first 350 feet (0.07 miles) west of Winnetka Avenue North along 55th Avenue North commencing at Winnelka Avenue North The street Improvement proj- ect also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund far street projects. Therefore only properties exempt from real estate taxes are specialty assessed for the cost of street Improvements ac[wrdln© to the Clty's special assessment policy. The tax exempt properties to be assessed for the 2018 Infra- structure Project 1010 (as referenced in Table 7/Figure 9 and Appendix B-2 of Stantec Consulting Services' January 2018 feasibility report) are as follows, Address PID number Intermediate School District 287 06-118-21-43-0038 5530 Zealand Avenue North City of New Hope (Begin Park) 06-118-21-44-0053 86 Address unassigned 3. The total amount proposed to be assessed is $45,905.60. 4. The estimated cost of said improvement is $175,890.00. 5. The area proposed to he assessed for the making of said improve- ment shall include the premises described in paragraph 2. above. At the hearing a reasonable estimate of the impact of the assessment will be available for the proposed assessable properties. 6. All persons interested are Invited to appear at said hearing for the purpose of being heard whit respect to the making of said improvement. Dated the 1 st day of February, 2018. /s/ Valerie Leone City Clerk Published in the New Hope -Golden Valley Sun Post February 1, 8, 2018 778649 Page 1 of 1 Affidavit of Publication CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Tuesday, March 20, 2018, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else neces- sary for the following: 2018 6Gth Ayenge N Street 1�u11r_Qxfm tu��rai4sf< city Proiect No. 1010 In general, Work consists of a 2" mill and overlay and full depth reclamation including spot replacements of sanitary sewer castings and frames. The Project consists of the following approximate quantities: 7,200 SY Mill Bituminous Pavement 1,200 SY Full Depth Reclamation 235 LF Remove & Replace B618 Concrete Curb & Gutter 75 TN Class 5, Aggregate Base 1,050 TN Bituminous Pavement 6 EA Replace Salutary Casting and Rings 2,200 LF Roadway Striping Along with miscellaneous restoration signing, striping and correlated appurte- nances. Complete digital Bidding Documents are available at www. questedn. coin for $20 by inputting (beastCI)N eBidDoc #5W4107 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Ann Dienhart, at (651) 604-4725, Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota (Published in Finance and Commerce February 22, March 1, 2018) 11501638 STATE OF MINNESOTA (SS. COUNTY OF HENNEPIN ) Description: 2018 55th Avenue N Street hnprovements Project Disa McClellan , being duly sworn on oath say she/lie is and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known as Finance and Commerce (MN) 222 South 9th St, Suite 2300, Minneapolis, MN 55402 and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statute Section 331A.02.. (B) She/He further states on that the printed Construction 11501639 hereto printed as it was printed and published there in the English language; that it was first so published on February 22, 2018 for 2 time(s): the subsequent dates of publications betng as follows: Thu, February 22, 2018 Thu, March 1, 2018 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: x abed c ruli ij klmnopgrxtuvwxyz abed cCal) iIklmrioDe StuvwxYz Mortgage Foreclosure Notices (effective 7/1/2015)_ Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Hennepin County. The newspaper complies with the conditions described in §580,033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in the county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's ,6 ion is in the latter county. SuT3Yc t�'d-sand I - Sworn to before me this 1st day of March, 2018 Seal) ALYSSA ERIN FRIEDRICF NOTARY PUBLIC • MINNESOTA My Commission Expires January 31 2022 RATE INFORMATION: 1. Lowest classified rate paid by commercial users for comparable space: 2. Maximum rate allowed by law for the above matter: 3. Rate actually charged for the above matter: 16.0000 0.44309 0.4028 Request for Action February 12, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Public Hearing Item Number 7.2 Agenda Title Resolution ordering construction of 2018 55th Avenue North street improvement project no. 1010, approving plans and specifications and ordering advertisement for bids Requested Action Staff is requesting that the Council receive a presentation regarding the plans and specifications of the proposed 2018 55th Avenue North street improvement project. Following the presentation, the public hearing should be opened for comments regarding the project. At the conclusion of the public hearing, staff recommends Council pass a resolution ordering construction of project no. 1010, approve the plans and specifications, and order the advertisement for bids. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city pavement management strategy has identified areas for maintenance and reconstruction activities in 2018. The city's complete streets policy is considered during maintenance and reconstruction improvement projects. Background 5511, Ave N was originally scheduled for a 2 inch mill and overlay in 2019 per the 2016 Pavement Management Plan. As the adjacent Parkview Development is near completion and will receive the final pavement wearing course in 2018, it is recommended to complete the 55th Ave N rehabilitation one year earlier to bring the pavement surface back to a good condition. Completing these improvements earlier was also identified in the recently updated 2017 Pavement Management Plan. The improvements identified included reclaim and overlay for the first 350 feet west of Winnetka Ave and a 2 inch mill and overlay for the remainder of 55th Ave N to the west. There are minimal proposed utility improvements. The only tax-exempt property owner, other than the city, that will be assessed for the street work is Intermediate School District 287 for the property at 5530 Zealand Avenue North. The city clerk notified ISD 287 of its proposed assessment of $34,464.35 and of the public hearing to be held on February 12, 2018. The proposed project schedule is: • February 12, 2018 - hold public hearing, approve plans and specifications, and authorize advertisement for bids • March 26, 2018 - award contract • Spring/summer 2018 - construction • Fall 2018 - substantial completion • Fall 2018 or Fall of 2019 - assessment hearing I:\RFA\PUBWORKS\2018\Council\1010 2018 55th Ave Mill and Overlay\2-12 approve plans and specs Funding The engineer's estimate of $180,000 will be funded primarily by the street infrastructure fund, with a small amount of funding coming from the water fund. In addition to city contributions, there will be assessments to tax-exempt properties on this project that will provide a portion of the funding. Source/ Improvement Street Fund Water Fund Sewer Fund StormAssessments Sewer Fund * Total Street $131,104.40 $45,905.60 $177,010.00 $2,990.00 1 Water Main $2,990.00 Sanitary Sewer $0.00 $0.00 Storm Sewer $0.00 $0.00 Total $126,994.40 $2,990.00 $0.00 $0.00 $45,905.60 1 $180,000.00 * The City's estimated assessment (for Begin Park) is $11,441.25, which is included in the total assessment amount of $45,905.60. Attachments • Resolution • Engineer's Memo • Letter and notice to ISD 287 • Map of proposed project area • Map of tax-exempt Properties (Figure 9) • Preliminary Assessments — Appendices B-1, B-2, B-3 City of New Hope RESOLUTION NO. 18 - 25 RESOLUTION ORDERING CONSTRUCTION OF 2018 55fh AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1010, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Pursuant to direction by the City Council per Resolution No. 2018-11 adopted at its January 8, 2018 meeting, this Council held a public hearing on the 121h day of February, 2018, at 7:00 p.m. at the New Hope City Hall, 4401 Xylon Avenue North, on the proposed 2018 551h Avenue North Street Improvement Project No. 1010 of the City. The public hearing was held after notice of the public hearing was duly published on the I" and 8th days of February, 2018 in the City's official newspaper, the New Hope -Golden Valley Sun -Post, in accordance with and as required by law. 2. The Council has examined and approved the City Clerk's Affidavit Of Mailing pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that the notice of said hearing was duly mailed to the owners of each and all parcels within the area proposed to be assessed at least 10 days before the February 12, 2018 public hearing date in accordance with and as required by law. 3. Pursuant to a motion by the City Council, the public hearing was closed at the February 12, 2018 Council meeting and consideration of the herein Resolution Ordering Construction of 2018 551h Avenue North Street Improvement Project No. 1010 was discussed by the City Council at said meeting. 4. That all persons desiring to be heard were given an opportunity to be heard at the February 12, 2018 public hearing with respect to the 2018 55th Avenue North Street Improvement Project No. 1010. This Council having considered the views of all persons interested and being fully advised as to the pertinent facts relating to Project No. 1010, does hereby determine the improvement is necessary, cost-effective and feasible as detailed in the January, 2018 feasibility report prepared by Stantec Consulting Services, Inc., Engineers for the City. Further, the Council hereby determines to proceed with the making of said proposed improvement, and said improvement is hereby ordered as proposed in Resolution No. 2018-11. 5. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining hereto as described in paragraph 1 of this resolution. 6. The plans and specifications of the proposed 2018 55th Avenue North Street Improvement Project No. 1010 of the City, prepared by Stantec Consulting Services, Inc., —1— Engineers, and presented to the Council at the February 12, 2018 City Council meeting are hereby approved and a copy thereof shall be placed on file in the office of the City Clerk. 7. The City Clerk and the Engineers are authorized and directed to advertise for bids in the New Hope -Golden Valley Sun -Post, the official newspaper of the City, and in any other appropriate construction industry publication for the construction of Project No. 1010, said advertisement for bids to be in substantially the form attached hereto and made a part hereof. Adopted by the City Council this 12"' day of February, 2018. Kathi H en, Mayor Attest: -kua- Ln�_ Valerie Leone, City Clerk PAAttomey\SAS\l Client Files\2 City of New Hope\99-61010 2018 Imp Proj 1010\Resolution Ordering Construction and approving plans and specs,docx -2- (3 Stantec February 6, 2018 File: 193804114 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-131 1 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2018 55th Avenue N Street Improvements - Approve Plans and Specifications; Authorize to Bid City Project No.: 1010 Dear Bernie, As requested, we have prepared plans and specifications for the 2018 55th Avenue North Street Improvements. The project generally consists of street rehabilitation on 55th Avenue North, from Winnetka Avenue North to the cul-de-sac west of Zealand Avenue North. The plans include pavement improvements which generally consist of mill and overlay and a short segment of full depth pavement reclamation. There are minimal proposed utility improvements. The full plan set is available at City Hall for review. The total project cost for these improvements, including indirect costs, is currently estimated to be $180,000. The breakdown of project costs is shown below. 55th Avenue North Construction Cost $150,000 Indirect Costs (20%) $30,000 Total Estimated Project Costs $180,000 If Council chooses to move forward with this project, approval of plans and specifications and authorization to advertise for contractor bids could be given at the February 12th Council meeting. Bids could then be received on March 20th and brought back to Council for review at the March 26th Council meeting. Design with community in mind February 6, 2018 Mr. Bernie Weber Page 2 of 2 Reference: 2018 551h Avenue N Street Improvements - Approve Plans and Specifications; Authorize to Bid The work under this contract will be completed during the late summer of 2018, with final project closeout in the fall of 2018. If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC aA404„ 0v. X,i Christopher W. Long, P.E. Attachments: Figure 1 - 2018 Street Infrastructure Projects Map Cc: Kirk McDonald, Valerie Leone, Andrew Kramer, Brandon Bell, Megan Albert, Shawn Markham, Dave Lemke - New Hope; Kellie Schlegel, Adam Martinson, Ann Dienhart - Stantec Design with community in mind January 26, 2018 Intermediate School District 287 Attn: Director of Fin. Services 1820 Xenium Lane N. Plymouth, MN 55441 Subject: Public Hearing for Project 1010 (551h Ave. N.) and proposed assessment for property located at 5530 Zealand Avenue North Enclosed please find a public hearing notice for February 12, 2018, regarding a proposed infrastructure project impacting your property. A map illustrating the proposed project and proposed type of street work is also enclosed. The reasonable estimate of the impact of the assessment is $34,464.35. A final assessment notice will be mailed when the final costs are determined (fall of 2018 or fall of 2019). The assessment notice will include the assessment hearing date, the final assessment amount, and payment options. Please plan to attend the public hearing to learn more about the proposed project. Sincerely,. Valerie Leone, CMC City Clerk Enc. CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope,mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 NOTICE OF PUBLIC HEARING FOR PROPOSED 2018 551h AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1010 City of New Hops, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on February 12, 2018, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereinafter. 2. The general nature of the improvement, as described in the January 2018 feasibility report entitled 2018 55th Avenue North Street improvements, City Project No. 1010, prepared by Stantec Consulting Services, Inc., Engineers for the City, is: Mill and overlay rehabilitation or full -depth reclamation of approximately .45 miles of city streets as hereafter described. Spot maintenance including rings and castings replacement will be made to designated sanitary sewer mains and non- conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. Spot maintenance on water utility structures will be made to repair failing structures. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve 2 construction strategies: (1) A full -width Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface; and (2) Full -Depth Reclamation consisting of grinding up the entire pavement section and mixing it with underlying aggregate base, creating a homogeneous roadway base. New, 4-inch lifts of bituminous wear pavement are then placed over the entire roadway. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' January 2018 feasibility report, the streets included in the project are as follows: (a) for Mill and Overlay — approximately 2,000 feet (0.38 miles) of 551h Avenue North from the Cul-de-sac (to the west of Zealand Avenue North) on the west to Utah Avenue North on the east; and (b) for Reclaim and Overlay - approximately -the first 350 feet (0.07 miles) west of Winnetka Avenue North along 551h Avenue North commencing at Winnetka Avenue North The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2018 Infrastructure Project 1010 (as referenced in Table 7/Figure 9 and Appendix B-2 of Stantec Consulting Services' January 2018 feasibility report) are as follows: Address PID number Intermediate School District 287 06-118-21-43-0038 5530 Zealand Avenue North City of New Hope (Begin Park) 06-118-21-44-0053 86 Address unassigned The total amount proposed to be assessed is $45,905.60. 4. The estimated cost of said improvement is $175,890.00. 5. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2. above. At the hearing a reasonable estimate of the impact of the assessment will be available for the proposed assessable properties. 6. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 25th day of January, 2018. s\ Valerie Leone Valerie Leone City Clerk (Published in the New Hope -Golden Valley Sun -Post on the 1" and 8th days of February, 2018.) P:\Attorney\SAS\l Client Files\2 City of New Hope\99-61010 201 g imp Proj 1010\public hearing notice - proj. 1010.docx .yncar } eA ew Hope Golf Course. } " :/ �' 0. w Z Ilk Z, : Q to z .- r 1 - 56TH AVE N dD Lb W H rth EA oAS{13;- Q w - \PZ m Q 55TH AVE N Q Z x �. �• z - W Z z . i z q . LU !]}4 Begin Park .Q W O ZI 1 Q Y p } lit 54TH AVE N w,ai1 `' i ' . �� r �•�.,,,�iia<��l�iliia` __ � ^-��,�rr.a.,� `,. - � 711. :CP RAIL F _ School Locations Church 515TAVE N +� p+�l,�v1,► '4 Parks �' Reclaim & Overlay c " ~ , � • r -•. _ . Mill &Overlay t., 14Py87 G'`aa' Figure 1 Stantec ne Proposed Project Area r� Plymouth C1 p6hii�5 Iv New Hope, Minnesota 2018 55th Ave N. Improvements 225 150 Ea s48d87 Jd� EqSs LaK� (CR gal VA W Q z J W N z W z O J 56TH AVE N -J - z W Q W z O O 51STAVE N Cryalal to 0 Plymouth p obbin le l) 55 W W ZI z ,I I 1zi z Q I>I _ 61 AWL ❑ I� I ¢ Q ¢i x 61"v21440053 I i 54TH AVE N CP RAIL I-H ULn- L L7 Tax Exempt Properties Reclaim & Overlay Mill & Overlay Figure 9 Stantec Tax Exempt Properties* New Hope, Minnesota 2018 55th Ave N. Improvements 2z5 450Fee1 Tax Exempt Proper0es as of Sept, 2017 es,w [Al °nay°i eo°um°M 1xe .18 5.11) ,°,"o�P,p—,,s,°—e Appendix B-1 Preliminary Assessments 2018 55th Avenue North Roadway Improvements January 2018 Improvement Type Total Est Cost FF Rate Mill &Overlay Non -Resident al $175,890.00 1,022 $50.63 Residental 3,678 $33.75 Totals Residential Rate = 2/3*Commercial Rate 4,700 Estimated Cost = (Residential FF)*2/3*(Commercial Rate)+(Commercial FF)*(Commercial Rate) Mill & Overlay Rates Commercial Rate = Estimated Cost 2/3 x Residential FF + Commercial FF Commercial Rate = $175,890 2/3 x 3,678 + 1,022 Commercial Rate = $50.63 per FF Single Family Residential Rate = $33.75 per FF Appendix B-2 Preliminary Assessments 2018 55th Avenue North Roadway Improvements January 2018 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1 Intermediate District 287 5530 Zealand Avenue North PID 06-118-21-43-0038 2. City of New Hope (Begin Park) Address Unassigned PID 06-118-21-44-0053 Non-Residental Mill & Overlay Residential Mill & Overlay 681 $50.63 $34,464.35 Total Assessment $34,464.35 339 $33.75 $11,441.25 Total Assessment $11,441.25 Total Assessment Value $45,905.60 Appendix B-3 Preliminary Assessments - Front Footage 2018 55th Avenue North Roadway Improvements January 2018 Front Footage - Mill & Overlay Improvements Street From To Street Len lh tt 55th Ave N Cul de sac lWinnetka Ave N 2,350 Total Project Length 2,350 Front Footage = Project Length x 2 x 2 Total Front Footage 4,700 Total Non -Residential Front Footage 1,022 Total Residential Front Footage 3,678 AFFIDAVIT OF MAILING HEARING NOTICE IMPROVEMENT PROJECT NO. 1010 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On January 26, 2018, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 1010, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the places so addressed. City Clerk JM Subscribed and sworn to before me this day of T;,L-lf 2018. My commission expires January 31, 2021. ��) jt Notary Public Hennepin County d �i,+ DAVID E WALKER-CRAWFORD �' v Notary Public State of Minnesota My Commission Expires January31, 2021 E January 26, 2018 Intermediate School District 287 Attn: Director of Fin. Services 1820 Xenium Lane N. Plymouth, MN 55441 Subject: Public Hearing for Project 1010 (55th Ave. N.) and proposed assessment for property located at 5530 Zealand Avenue North Enclosed please find a public hearing notice for February 12, 2018, regarding a proposed infrastructure project impacting your property. A map illustrating the proposed project and proposed type of street work is also enclosed. The reasonable estimate of the impact of the assessment is $34,464.35. A final assessment notice will be mailed when the final costs are determined (fall of 2018 or fall of 2019). The assessment notice will include the assessment hearing date, the final assessment amount, and payment options. Please plan to attend the public hearing to learn more about the proposed project. Sincerely, . Valerie Leone, CMC City Clerk Enc. CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 NOTICE OF PUBLIC HEARING FOR PROPOSED 2018 55th AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1010 City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on February 12, 2018, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereinafter. 2. The general nature of the improvement, as described in the January 2018 feasibility report entitled 2018 55=h Avenue North Street Improvements, City Project No. 1010, prepared by Stantec Consulting Services, Inc., Engineers for the City, is: Mill and overlay rehabilitation or full -depth reclamation of approximately .45 miles of city streets as hereafter described. Spot maintenance including rings and castings replacement will be made to designated sanitary sewer mains and non- conforming manhole covers with open pick holes will be replaced with covers with concealed pick holes to prevent storm water inflow and infiltration into the sanitary sewer system. Spot maintenance on water utility structures will be made to repair failing structures. However, only the costs for the street improvements are proposed to be specially assessed. The street improvements to be assessed involve 2 construction strategies: (1) A full -width Mill and Overlay consisting of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2 inch overlay over the entire bituminous surface; and (2) Full -Depth Reclamation consisting of grinding up the entire pavement section and mixing it with underlying aggregate base, creating a homogeneous roadway base. New, 4-inch lifts of bituminous wear pavement are then placed over the entire roadway. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb prior to paving. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. As set out in Figure 1 of Stantec Consulting Services' January 2018 feasibility report, the streets included in the project are as follows: (a) for Mill and Overlay — approximately 2,000 feet (0.38 miles) of 55th Avenue North from the Cul-de-sac (to the west of Zealand Avenue North) on the west to Utah Avenue North on the east; and (b) for Reclaim and Overlay - approximately the first 350 feet (0.07 miles) west of Winnetka Avenue North along 551h Avenue North commencing at Winnetka Avenue North The street improvement project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2018 Infrastructure Project 1010 (as referenced in Table 7/Figure 9 and Appendix B-2 of Stantec Consulting Services' January 2018 feasibility report) are as follows: Address PID number Intermediate School District 287 06-118-21-43-0038 5530 Zealand Avenue North City of New Hope (Begin Park) 06-118-21-44-0053 86 Address unassigned 3. The total amount proposed to be assessed is $45,905.60. 4. The estimated cost of said improvement is $175,890.00. 5. The area proposed to be assessed for the making of said improvement shall include the premises described'in paragraph 2. above. At the hearing a reasonable estimate of the impact of the assessment will be available for the proposed assessable properties. 6. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 25th day of January, 2018. s\ Valerie Leone Valerie Leone City Clerk (Published in the New Hope -Golden Valley Sun -Post on the 1 St and 81h days of February, 2018.) P:\Attomey\SAS\1 Client Files\2 City ofNew Hope\99-61010 2018 imp Proj 1010\public hearing notice- proj. 1010.docx SAS's ewHope Golf course LL ot L[J r' Z �I a N M r a( .1 i i 56TH AVE N -y Lo Q ' U Eli m 1 d 55TH AVE N ,.p.o... W ._.. f{# -z Z. j w Begin Park ¢ Z r z _ 54TH AVE.N T ` . ..+ice/<� ' - •� `'•P +y,�"'��',[ :r�I�L�4�lll,u��_ �__...:M..+.� � �._._. v. �.n-�. — � •�� '•'I,r _'�. �j 1 cam. CP RAIL w' _ I School Locations - u Church a1STAVE N �.-t :~W r ,+ . Y+ �: —,.. Parks "a' ;�! • ry i Reclaim & Overlay r ' Mill & Overlay Figure 1 Stantec Proposed Project Area Plymouth ❑ n e �.�,;: a w : " New Hope, Minnesota hti • := 2018 55th Ave N. Improvements ° m 45Dp, e, is.00 Ni«�airoieowmon �tradesi,l wow\M�w .�.�4i ^a•v� Feasibility Report For 2018 55t" Avenue North Street Improvements Prepared for: City of New Hope, Minnesota City Project No. 1010 4 Stantec January 2018 Stantec Project No. 193804114 Stantec Consulting Services Inc. Stantec. 2335 Highway 36 West, St. Paul MN 55113 January 3, 2018 Honorable Mayor and Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: 2018 55'" Avenue North Roadway Improvements Client Project No. 1010 Stantec Project No. 193804114 Dear Mayor and Council Members: We are pleased to present our Feasibility Report for the 2018 55th Avenue North Street Improvements project. The location of the work includes 55th Avenue North between Winnetka Avenue North (CSAH 156) to the Cul -de-sac located west of Zealand Avenue North. Per the 2016 Pavement Management Plan, this street was originally scheduled for a 2" Mill and Overlay in 2019. As the adjacent Parkview Development is near completion and will receive the final pavement wearing course in 2018, it is recommended to complete the 55th Avenue North rehabilitation one year earlier to bring the pavement surface back to a good condition. Completing these improvements earlier was also identified in the recently updated 2017 Pavement Management Plan. The improvements identified include Reclaim and Overlay for the first 350 feet west of Winnetka Avenue, and a 2" Mill and Overlay for the remainder of 55th Avenue North to the west. These improvements are the result of a continued focus of a more aggressive pavement management strategy to improve the driving surface of more streets with overlays, while limiting the amount of water main and utility improvements. This pavement management philosophy will provide for more immediate street improvements, and will allow the utility funds to build for future full reconstruction. The new overlay and reclamation will improve the quality of life, increase the aesthetic value, and increase the safety of the roadway. We recommend this report be presented and discussed at the January 8, 2018, Council meeting. Respectfully submitted, STANTEC CONSULTING SERVICES, INC. Chrisfopher W. Long, �.E. 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. ao. Christopher W. Long, P-E. Date: January 3, 2018 Reg. No. 47106 Design with community in mind CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPRnVFMFNTC PRn iFrT TABLE OF CONTENTS INTRODUCTION.........................................................................................................................,...................,........ 5 HISTORY........................................................,...................................................................................................... 5 SCOPEOF STUDY...............................................................................................................................................5 FIGURE 1 - 2018 PROPOSED PROJECT AREA.............................................................................................6 EXISTINGCONDITIONS.......................................................................................................................................... 7 FIGURE 2 - BORING AND GPR TESTING.......................................................................................................9 STREETIMPROVEMENTS.......................................................................................................................................10 MILLAND OVERLAY........................................................................................................................................10 TABLE 1 - MILL AND OVERLAY STREET SEGMENTS....................................................................................10 FULL -DEPTH RECLAMATION............................................................................................................................10 TABLE 2 - RECLAIM STREET SEGMENTS......................................................................................................10 FIGURE 3 -TYPICAL SECTIONS 55TH AVENUE...........................................................................................12 COMPLETESTREETS..............................................................................................................................................13 WATERMAIN IMPROVEMENTS...........................................................................................................................14 FIGURE 4 - WATER MAIN BREAK HISTORY.................................................................................................15 SANITARYSEWER IMPROVEMENTS....................................................................................................................16 FIGURE 5 - CASTING COVERS WITH INFLOW............................................................................................ 17 FIGURE 6 - STRUCTURES WITH INFILTRATION.............................................................................................18 STORMSEWER IMPROVEMENTS.........................................................................................................................19 FIGURE 7 - STORM STRUCTURES IN POOR CONDITION......................................,....................................20 FIGURE 8 - STORM SEWER BLOCK STRUCTURES........................................................................................21 COSTESTIMATES..................................................................................................................................................22 TABLE 3 - STREETS COST ESTIMATE..............................................................................................................22 TABLE 4 - UTILITY COST ESTIMATE................................................................................................................22 TABLE 5-TOTAL PROJECT COSTS..............................................................................................................22 FINANCING..........................................................................................................................................................23 REVENUES......................................................................................................................................................23 ASSESSMENTS...................................................................................................................................................23 TABLE 6 - PROPOSED ASSESSMENT RATES.................................................................................................23 TABLE 7 - ASSESSABLE REVENUE.................................................................................................................23 TABLE8 - FUNDING SOURCE.......................................................................................................................24 FIGURE 9 - TAX EXEMPT PROPERTIES - ASSESSMENTS..............................................................................25 PROJECTSCHEDULE............................................................................................................................................26 CONCLUSIONS AND RECOMMENDATIONS..............................................................,.....................................27 City of New Hope Stantec Stantec Project No: 193803898 2018 MSA Infrastructure Improvements Page 3 APPENDICES Appendix A - Preliminary Cost Estimate Summary Appendix B - Assessments Appendix C - Geotechnical Report by American Engineering Testing, Inc. City of New Hope Stantec Stantec Project No: 193804114 2018 55th Avenue North Street Improvements Page 4 CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT INTRODUCTION The purpose of this report is to investigate the feasibility of performing improvements to rehabilitate existing local streets and utilities within the proposed project area as shown on Figure 1. HISTORY To improve the overall quality of its local infrastructure system, the City of New Hope continues with a more aggressive pavement management philosophy to improve the existing driving surface and extend the pavement life of its streets. As the road conditions and Pavement Condition Indexes (PCI's) continued to decline, it was apparent the City was not keeping up with street rehabilitations. The Pavement Management Plan continued to fall behind, and a more aggressive approach to pavement management was agreed to by the City Council in May 2014. Interim overlays will be utilized to add structural integrity to the existing street sections. Full reconstruction of the streets is to be completed with streets showing significant roadway subgrade and drainage issues, as well as those having a significant amount of utility issues. Utility rehabilitation on the overlay streets will be limited in efforts to build up water and other utility funds. The pavement management strategy will improve the driving surface and will provide the ability to improve more streets. The new overlays will improve the quality of life, increase the aesthetic value, and increase the safety of the roadways. Project History On November 27, 2017, the City Council authorized preparation of this feasibility report to understand the street and utility improvements that were needed, as well as the costs associated with these improvements. The project scope primarily includes a 2-inch mill & overlay with limited spot curb and gutter replacement as determined by field review. A full -depth reclamation of the existing pavement is also recommended for the first 350-feet west of Winnetka Avenue North. These proposed improvements are discussed in more detail throughout this report. SCOPE OF STUDY The purpose of this report is to provide the feasibility of a 2-inch mill and overlay and full -depth reclamation for approximately 2,350-feet of street. The type of improvement required will be determined by the existing condition of the pavement, roadway subgrade, as well as the underlying utilities. The type of improvements required, costs of the improvements, and how the improvements will be funded will be evaluated. City of New Hope 4 Stantec Stantec Project No: 193804114 2018 55'h Avenue North Street Improvements Page 5 i 1 ow Hope Golf Course = + 70) Q_ r w I i A -_mac.. --I A LLJ 56TH AVE N _ I W N d i�CenlL�r Q~ U t N LLJ o f N LU ll W lLl! Begin Park :Q UJ Ez i IV Xi I� II I� I t. I! �I �I �I x• _ II - 1 I �Cryslal e e I {�.�lymoulh D obhin IQ 54TH AVE N +:• CP RAIL r -- - _ Aq4 I _ j School Locations Church • i ii -11'�' F •�`;% 9100 tno, Parks Reclaim & Overlay ` r' ®Mill & Overlay Figure 1 Stantec Proposed Project Area New Hope Minnesota 225 45° 2018 55th Ave N. Improvements F •:e I:S.iW IAl oMplrwltlocumenl sae olB5rt 111 v.\Ivu\oc lx\v3ewi°\clsVgecie\v01e_bmlbn ,mo mw CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT EXISTING CONDITIONS 55fh Avenue North - Winnetka Avenue N (CSAH 156) to West Cul-De-Sac 55fh Avenue North was originally constructed in the early 1960s. In 1997, improvements to the street and sidewalk were completed. The last non-structural street improvement was a seal coat completed in 2007. The existing width of the roadway is approximately 32' from face of curb to face of curb, and parking is limited to the north side of the roadway. The sanitary sewer, storm sewer, and water main utilities on this segment were originally constructed between 1959 and 1963, with some miscellaneous storm sewer improvements occurring since then. East of Zealand Avenue North, the existing water main was replaced in 2013 and 2015. Water main tees and stubs were installed to the north for subsequent connections to the Parkview development water main. The water main west of Zealand Avenue North is the original cast iron pipe (CIP) water main and has not had a history of breaks. City records have been reviewed and field inspections were performed on the utility structures and pipes to identify warranted storm sewer and sanitary sewer improvement work in the project area. Overall, the condition of the existing storm and sanitary sewer is fair. Several deteriorating storm structures and specific sanitary infiltration issues have been identified. See Figures 6-9 for the locations of these issues. The existing pavement on 55th Avenue North between Winnetka Avenue North (CSAH 9) and the West Cul-de-sac is in poor condition (average Pavement Rating Index (PRI) = 45). The following is a summary of recent construction work adjacent to 55fh Avenue North: • In 2011, the North Education Center was reconstructed along the northerly part of 551h Avenue East. ■ In 2013, both the City of New Hope and CenterPoint Energy constructed new utilities between Utah Avenue N and Winnetka Avenue N, which required patching the street. The bituminous wear course has not been paved on this section, and was planned to be completed in concurrence with the adjacent Parkview Development completion. • In 2015, construction on the new Parkview Development began. This development consists of 29 traditional family homes and 31 detached townhomes. Construction is nearly complete and the final bituminous wear course is planned to be paved in the summer of 2018. • In 2016, the local streets adjacent and to the south of 551h Avenue North were reclaimed and paved with a 3" overlay. Geofechnical Analysis Soil borings and ground penetrating radar (GPR) have been completed to assist us in further understanding the existing street section characteristics. Figure 2 identifies the locations and limits of this field exploration. The data received from this analysis supports the identified street improvements proposed in this report. Generally, the average bituminous and aggregate base thickness is 3.9 City of New Hope Stantec Stantec Project No: 193804114 2018 55'h Avenue North Street Improvements Page 7 inches of bituminous, and 10.6 inches of aggregate base. The existing bituminous wear course lift is estimated between 1 3/4" and 2". The final report is attached to this report as Appendix C. Although subgrade corrections are not planned with these overlay improvements, the geotechnical report identified very high organic content in the subgrade material, which should be considered when utility work and street reconstruction is completed in the future. City of New Hope Stantec Stantec Project No: 193804114 2018 55fh Avenue North Street Improvements Page 8 Rn .-. _ I 10) t4 LLI Q n z uJ N r i 55TH AVE N z z w Q Q n z Q — °I N i 54TH AVE N Borings Reclaim & Overlay �Mill & Overlay Pt Figure 2 , I Stantec a n n--� Borings and GPR Testing - y Jlymouth p °w a New Hope, Minnesota 2018 55th Ave N. Improvements 225 Fee, CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT STREET IMPROVEMENTS Approximately 0.45 miles of streets are proposed to be improved as identified in Figure 1. The typical proposed street sections corresponding to the proposed segments of 55th Avenue North are shown on Figure 3. The rehabilitation methods were chosen based on the following criteria: Mill and Overlay o Poor street conditions which can be significantly improved with a mill and overlay o Average PRI rating o Minimal utility improvements required Full -Depth Reclamation o Poor street and underlying base conditions that cannot be significantly improved by mill & overlay. o Thin existing bituminous base course (no wearing course pavement installed) o Poor PRI rating - failing base and wear course pavement o Minimal utility improvements required. MILL AND OVERLAY A full width mill and overlay consists of milling the upper 2 inches of the existing bituminous surface across the entire width of the street, followed by a 2-inch overlay over the entire bituminous surface. The full width mill and overlay increases the structural strength of the road. Spot curb replacement will be completed on areas of severely damaged or poorly draining curb. Spot patching will be completed on any severely cracked or failing pavement prior to the new bituminous overlay. 55th Avenue North from the cul-de-sac on the west to Utah Avenue on the east is recommended to be rehabilitated with a full width mill and overlay. TABLE 1 - MILL AND OVERLAY STREET SEGMENTS STREET I FROM TO LENGTH FT 55th Avenue N Cul-de-sac Utah Avenue N 2,000 Total: 2,000 feet 0.38 miles. FULL -DEPTH RECLAMATION Full -depth reclamation consists of grinding up the entire pavement section and mixing it with the underlying aggregate base, creating a homogeneous roadway base. This material is then shaped and compacted, and excess material is hauled away. New, 4-inch lifts of bituminous wear pavement is then placed over the entire roadway. Spot curb replacement will be completed on areas with severe damage or poor drainage prior to paving, and spot street patching will be completed on any areas with soft subgrade soils. TABLE 2 - RECLAIM STREET SEGMENTS STREET FROM TO LENGTH (FT) 551h Avenue N Utah Avenue N Winnetka Avenue N 1350 Total: 1 350 feet (0.07 m City of New Hope (V Stantec Stantec Project No: 193804114 2018 55th Avenue North Street Improvements Page 10 Miscellaneous Boulevards disturbed by construction in all areas will be graded, shaped, and restored. As the amount of restoration is minimal, we propose restoring boulevards with 6" topsoil, seed, and blanket materials. City of New Hope Stantec Stantec Project No: 193804114 2018 551"Avenue North Street Improvements Page 11 3 �m 3 MILL & OVERLAY FULL DEPTH RECLAIM SPOT REPAIR EX. CLRB GUTTER ONLY AS DIRECTED PROPOSED BY ENGINEER 16' 2" MILL jj FULL DEPTH RECLAIM OF '--E7U5f1HG L SHAPE EXISTING RECLAIM MATERIAL/HAUL EXCESS PAVEMENT AND BASE EXISTING NOT TO SCALE 55TH AVE N SPOT REPAIR EX. CURB AND, F� GUTTER ONLY AS DIRECTED `� 16' 16' BY ENGINEER — 13' THRU LANE —+!+ THRUILANE — } 6 f PARKING LANE Ll 2" - WEARING COURSE (SPWEA240B) •.TACKCOAT MILL & OVERLAY NOT TO SCALE 55TH AVE N (WEST OF UTAH AVE N) SPOT REPAIR IX. CURB GUTTER ONLY AS DIRECTED BY ENGINEER VARIES VARIES FULL DEPTH RECLAIM NOT TO SCALE 55TH AVE N (EAST OF UTAH AVE N) TYPICAL SECTIONS NEW HOPE, MINNESOTA 2018 55TH AVENUE N ROADWAY IMPROVEMENTS 4-- WEARING COURSE(SPWEA240B) FIGUR DATE: JAN 2018 PROJ. NO.: 193804114 E: 3 5 Stant@C 2335 Highway 36 W St. Paul. MN 55113 wwwslonlec.com CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT COMPLETE STREETS In May 2011, the City of New Hope approved a Complete Streets policy. The policy outlined the City's commitment to consider the safety and functionality of streets for people of all ages and abilities, and for various modes of transportation. Examples of modes of transportation include walking, biking, wheelchairs, public transit, and automotive. This section of 55th Avenue North is not designated as having a proposed trail or bikeway in the future. However, in accordance with the policy, a Complete Streets network was reviewed with the proposed 55th Avenue improvements, and only minimal pedestrian improvements are recommended. An existing 5' wide concrete sidewalk currently runs the entire length of the roadway along the north side. This sidewalk serves the staff and students of the North Education Center, Begin Park users, as well as the residents of the adjacent neighborhoods. There are also newly -constructed pedestrian curb ramps on both sides of 55th Avenue North at Begin Park, between Xylon Avenue N and Wisconsin Avenue N. We would recommend striping a zebra crosswalk at this location and installing Pedestrian Crosswalk signage as part of this project. City of New Hope Stantec Stantec Project No: 193804114 2018 55'h Avenue North Street Improvements Page 13 CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT WATER MAIN IMPROVEMENTS All water main on 55th Avenue North from Zealand Avenue to Winnetka Avenue was replaced within the past five years. In 2013, the water main between Utah Avenue N and Winnetka Avenue N was replaced with 8" ductile water main in conjunction with a CenterPoint Energy project on Winnetka and 55th Avenue North. In 2015, the remainder of the watermain was replaced with 10" high density polyethylene (HDPE) water main. With this project, water main was stubbed to the north at Utah and Virginia Avenues to serve the Parkview development. The water main has since been constructed through the development and was connected to 55th Avenue North. There are no water services on this street east of Zealand Avenue. Since these improvements, there have been no water main breaks or other issues or concerns with the water main. See Figure 4 for the Water Main Break History. City of New Hope Stantec Stantec Project No: 193804114 2018 55'h Avenue North Street Improvements Page 14 i cryalel e o a I Plymouth [] obbin le II L CP RAIL Figure 4 Water Main Break History New Hope, Minnesota 2018 55th Ave N. Improvements F 0 1980 - 1989 40 1990 - 1999 0 2000 - 2009 0 2010 - present Reclaim & Overlay —Mill & Overlay Stantec °�,N d��M�a ire occuocy ane cam'rcpie�ene„ a�nm��eies,s�omec °. 225 450 of ine aoio "� w"O1"me�omem a ec� F„ CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT SANITARY SEWER IMPROVEMENTS The sanitary sewer mains within the project area have been televised and overall appear to be in satisfactory condition. No spot repairs are required on the sewer main on 55th Avenue North. However, minimal spot maintenance is proposed on the sanitary sewer manholes, which generally includes ring and casting replacement. All manhole covers within the project area that have open pick holes are proposed to be replaced with covers with concealed pick holes, as identified within the cost estimate in Appendix A. This will remove any unnecessary inflow into the sanitary sewer system. All existing manhole covers with potential inflow are identified on Figure 5. Sanitary sewer structures with infiltration are identified on Figure 6. Repairs to seal the structures with a barrel joint seal and/or a ring seal may be completed with a separate infiltration improvement project in the future. All costs associated to removing infiltration can be credited to Metropolitan Council 1/1 (Inflow/Infiltration) Excess Surcharge amounts. City of New Hope Stantec Stantec Project No: 193804114 2018 551h Avenue North Street Improvements Page 16 II Q II � Q II � N 1 � ' 51 ST-AVEE 1 r- ft 1' I Crystal I F ?lymouth ale I ov. z W d 0 1 CP RAIL Figure 5 Sanitary Castings with Inflow New Hope, Minnesota 2018 55th Ave N. Improvements M ■. LO Replace Cover Manhole Lift Station $ Sanitary Sewer_ - Forcemain Reclaim & Overlay 'Mill & Overlay Stantec - narx ant�iamol me�xptnrsec eon rus diN rar wnM�51re eccuecy ona �m1�prerenev recpb�r �eieaassrenrec ns •z :?5 00 aimeBorn M vnweine coeienr a Npn 1:5400 �NI original tlocumenl size olBSnl1� v�rs�e�acrr.e�iq�ewrrz•crs•v�aKr••c�ni�., rr+. i.e..... ............ i .Crystal � B a Plymouth [j ow' 1e i 55TH AVE z LLI C) zl LLJ '¢ < W{� zi of l CP RAIL C Infiltration Manhole Lift Station Sanitary Sewer Forcemain Reclaim & Overlay Mill & Overlay Figure 6 Stantec Structures with Infiltration ro --1ok,��;maet;`otteo,;N, New Hope, Minnesota 2018 55th Ave N. Improvements 0n5 450Fee, 1s<M(A CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT STORM SEWER IMPROVEMENTS Although several structures in poor condition have been identified as shown in Figure 7, New Hope Public Works will repair any failing structures prior to completing the proposed street improvements. Additionally, there is one known block structure as shown in Figure 8. Block structures were common in the 1960's; however, it has been past practice to replace such structures with pre -cast concrete structures to avoid an eventual structure collapse due to degradation. Upon preliminary field review it is estimated that this structure has retained its structural integrity, and does not require replacement now. City of New Hope Stantec Stantec Project No: 193804114 2018 55'h Avenue North Street Improvements Page 19 0 z � 1 w ? — z o —! ¢ x ❑ 54TH AVE N (I II I� 51STAVE N I I crysial aw a a I Ilymoulh ❑ obbin to I 2 U VA +i — Catch Basin - Replace Rings and Repair Doghouse Manhole - Replace Rings r and Repair Doghouse ■ Catch Basin - Repair Doghouse Manhole - Repair Doghouse ■ Catch Basin - Replace Rings Manhole - Replace Rings CP RAIL Catch Basin Clean Out FES Manhole Overflow { Storm Flow --- Storm Pipe - Drain Tile Reclaim & Overlay Mill & Overlay Figure 7 Stantec Storm Structures in Poor Condition Y�.^�iN a enpen "�i ttusianixa m rcaieee New Hope, Minnesota 2018 SSth Ave N. Improvements D ee i:s.aao lni oaeoi eome„i,ne oies.iil v.ive°..iseaiin�saKisia,2si i,,,e,_v�._c°roirom°°m,° CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT COST ESTIMATES The total cost estimate for work proposed to be completed for the 2018 55th Avenue North Street Improvements project is $175,890.00. A detailed cost estimate has been prepared and can be seen in Appendix A. Estimated indirect costs include engineering, legal, fiscal, and contract administration. Summaries of the estimated costs are shown below: TABLE 3 - STREETS COST ESTIMATE (Includes estimated 10% Contingencies and 20% Indirect Cost) STREET FROM TO LENGTH (FT) STREETS TOTAL COST 55TH Avenue N Cul-de-sac Winnetka Avenue N 2,350 $172,900.00 2,350 FT (0.45 miles) $172,900.00 TABLE 4 - UTILITY COST ESTIMATE (Includes estimated 10% Contingencies and 20% Indirect Cost) Street 55th Avenue N Water Main $2,990.00 Sanitary Sewer Storm Sewer Utility Total Cost $0.00 $0.00 $2,990.00 Total Project Utility Cost 1 $2,990.00 $0.00 $0.00 $2,990.00 TABLE 5 - TOTAL PROJECT COSTS (Includes estimated 10% Contingencies and 20% Indirect Cost) Street Total Cost 55th Avenue N $175,890.00 Total Base Project Cost $175,890.00 City of New Hope Stantec Stantec Project No: 193804114 2018 55ffi Avenue North Street Improvements Page 22 CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT FINANCING REVENUES The following are possible sources of funding for the 2018 55'h Avenue Roadway Improvements project: • Street Fund • Sanitary Sewer Fund • Water Main Fund • Storm Water Fund • Assessments ASSESSMENTS Benefiting, tax-exempt properties are proposed to be assessed for street improvements as part of the construction of this project. Figure 9 shows the locations of these properties. Assessments will not be levied against taxable residential and commercial/ industrial properties in accordance with the New Hope's Assessment Policy, nor will any utility improvements be assessed to any benefitting property. The following table shows the proposed assessment rates for this project: TABLE 6 - PROPOSED ASSESSMENT RATES Improvement Strategy Rate per Front Foot Mill and Overlay - Residential $33.75 Mill and Overlay - Non-residential $50.63 The assessable properties with their respective property types and assessments are as follows: TABLE 7 - ASSESSABLE REVENUE Owner Address Improvement Front Property Type I Assessment Strategy Footage Amount 1 Intermediate District 287 5530 Zealand Avenue N Mill & Overlay681 Non - Residential $34,464.35 2 City of New Hope (Begin Park) Address Unassigned Mill & Overlay 339 Non - Residential $1 1,441.25 Total Assessments $45,905.60 City of New Hope Stantec Stantec Project No: 193804114 2018 55th Avenue North Street Improvements Page 23 TABLE 8 - FUNDING SOURCE Source/ Improvement Street Fund Water Fund Sewer Fund Storm Sewer Fund Assessments Total Street $126,994.40 $45,905.60 $172,900.00 Water Main $2,990.00 $2,990.00 Sanitary Sewer $0.00 $0.00 Storm Sewer $0.00 $0.00 Total $126,994.40 $2,990.00 $0.00 $0.00 $45,905.60 $175,890.00 * The City of New Hope Assessment is estimated at $12,471.81, which is included in the total assessment amount of $37,515.13. City of New Hope Stantec Stantec Project No: 193804114 2018 55'h Avenue North Street Improvements Page 24 eAsS I T� I Figure 9 Tax Exempt Properties* New Hope, Minnesota 2018 55th Ave N. Improvements Tax Exempt Properdes as of Sept, 2017 ■ Stantec •mow '..��: "�:." :"�.��. 9 225 ey0 rw� °"•�r.u+.. n..s�.+�sor.� i:s aoo lAi oae��wi aocumenl,ae oies,ii� earr.nw�rcRm� CITY OF NEW HOPE - 2018 551H AVENUE NORTH STREET IMPROVEMENTS PROJECT PROJECT SCHEDULE Authorize Feasibility Report Present Feasibility Report Order Public Hearing Authorize Plans and Specifications Hold Public Hearing Approve Plans and Specifications Authorize Bids Receive Bids Award Contract Start Construction Substantial and Construction Completion November 27, 2017 January 8, 2018 January 8, 2018 January 8, 2018 February 12, 2018 February 12, 2018 February 12, 2018 March 15, 2018 March 26, 2018 Spring/Summer 2018 Fall 2018 City of New Hope Stantec 2018 551h Avenue North Street Improvements Stantec Project No: 193804114 Page 26 CITY OF NEW HOPE - 2018 55TH AVENUE NORTH STREET IMPROVEMENTS PROJECT CONCLUSIONS AND RECOMMENDATIONS It is the finding of this study that the proposed improvements are necessary, feasible and cost effective. The following steps are recommended: • Adopt this report as the guide for development of the proposed improvements • Order the preparation of plans and specifications for bituminous mill & overlay and full -depth reclamation improvements • Hold a Public Improvement Hearing ■ Review plans and specifications - authorize bidding ■ Receive bids ■ Install the public utilities and streets, with construction anticipated to be completed in 2018 • Hold a Final Assessment Hearing City of New Hope Stantec Stantec Project No: 193804114 2018 55th Avenue North Street Improvements Page 27 Appendix A This Page Left Blank Intentionally u w �O d C W E W 0 a co a O N a`o O � c L a O Z 41 7 c v Q L h LO co O N v E E n N O u u d d O O O U O � O a G N d u � � N O b'3 N• O r o 0 0 p O OO O 10 0 O u v c H 0 0 0 U 0 O 0 M 0 M C i. M M N h c� 00 C c 6i tR O u c 0 0 0 o 0 0 u U a 7 C O C`') M N C`') u") C M r c U M to M O � b4 u 0 0 0 0 0 0 b9- 0 b4 0 t,4 0 b9- 0 v> W N E O N o 0 0 0 0 O b9 o to 0 t,4 0 b9• 0 N N a •c O N C O O O O O a O 0 OM 10 a M CN C"7 C' N O% N y b9 tA• N `v 3 0 0 0 0 0 0 0 0 0 0 O O n P d M � Cl) _ CV n N � b9 to tR tA• V) N ai a�Ilu 0 uCD0o ZN u o u O Q Q C N d a E � o U c d o' o. LO N ri O `c p Ap a Q Q u c Appendix A-2 Preliminary Cost Estimate 2018 55th Avenue N Roadway Improvements 55th Ave North (Cul-de-sac to Winnetka Ave N) January 2018 55th Avenue North Roadway Improvements Construction Cost $133,000.00 Continaencies H0%) $13,300.00 Indirect (20%) Total Cost S172.900.00 Cost Per Square Foot S1.79 2350 Length 1 MOBILIZATION LS 1 $5,000.00 $5,000.00 2 TRAFFIC CONTROL LS 1 $1,500.00 $1,500.00 3 MILL BITUMINOUS PAVEMENT (3" DEPTH) SY 7,200 $1.25 $9,000.00 4 FULL DEPTH RECLAMATION/SHAPING SY 1,200 $6.00 $7,200.00 5 COMMON EXCAVATION CY 150 $8.00 $1,200.00 6 REMOVE BITUMINOUS PAVEMENT SY 220 $5.00 $1,100.00 7 REMOVE CONCRETE CURB & GUTTER LF 235 $8.00 $1,880.00 8 SUBGRADE EXCAVATION CY 40 $10.00 $400.00 9 AGGREGATE BASE, CLASS 5 TN 75 $14.00 $1,050.00 10 WEARING COURSE MIXTURE (C) TN 1,050 $70.00 $73,500.00 11 BITUMINOUS PATCHING TN 55 $115.00 $6,325.00 12 BITUMINOUS MATERIAL FOR TACK COAT GAL 420 $3.00 $1,260.00 13 B618 CONCRETE CURB & GUTTER LF 235 $22.00 $5,170.00 14 REPLACE SANITARY CASTING AND RINGS, EA 6 $1,000.00 $6,000.00 INCL COVER 15 4" DOUBLE YELLOW LINE - PAINT LF 2,200 $2.00 $4,400.00 16 4" SOLID WHITE LINE - PAINT LF 2,200 $1.00 $2,200.00 17 24" SOLID WHITE STOP BAR LF 55 $10.00 $550.00 18 ZEBRA CROSSWALK SF 90 $6.00 $540.00 19 PEDESTRIAN CROSSWALK SIGNAGE EA 2 $500.00 $1,000.00 20 SELECT TOPSOIL BORROW (LVI CY 35 $35.00 $1,225.00 21 EC COMPOST BLANKET BLOWN W/ SEED SY 200 $5.00 $1,000.00 22 STREET SWEEPER WITH PICKUP BROOM HR 10 $150.00 Subtotal $133,000.00 Continaencies (10%) $13,300.00 Indirect (20%) . 126,600.00 Total Cost $172,900.00 Appendix A-3 Preliminary Cost Estimate Utility Improvements 55th Avenue Utilities January 2018 55TH AVENUE N MILL & OVERLAY UTILITY IMPROVEMENTS Water Sanitary Storm Total Construction Cost $2,300.00 $0.00 $0.00 $2,300.00 Continaencies (10%) $230.00 $0.00 $0.00 $230.00 Indirect (20%) $460.00 $0.00 $0.00 $460.00 Total Utilities S2,990.00 S0.00 S0.00 S2.990.00 1 MOBILIZATION LS 1 $800.00 $800.00 2 TRAFFIC CONTROL LS 1 $500.00 $500.00 5 GATE VALVE BOX EA 2 $500.00 $1,000.00 Subtotal $2,300.00 Contingencies (10%) $230.00 Indirect (20%) $460.00 Total Cost $2,990.00 B. SANITARY SEWER No. Item Units Qty Unit Price Total Price C. STORM SEWER No. Item Units Qtv Unit Price Total Price This Page Left Blank Intentionally Appendix B This Page Left Blank Intentionally Appendix B-1 Preliminary Assessments 2018 55th Avenue North Roadway Improvements January 2018 Improvement Type Total Est Cost FF Rate Mill & OverlayNon-Residental 1,022 $175,890.00 3,678 50.63 $33.75 Residental Totals Residential Rate = 2/3*Commercial Rate 4,700 Estimated Cost = (Residential FF)*2/3*(Commercial Rate)+(Commercial FF)*(Commercial Rate) Mill & veriav Rates Commercial Rate = Estimated Cast 2/3 x Residential FF + Commercial FF Commercial Rate = $175,890 2/3 x 3,678 + 1,022 Commercial Rate = $50.63 per FF Single Familv Residential Rate = $33.75 Der FF Appendix B-2 Preliminary Assessments 2018 55th Avenue North Roadway Improvements January 2018 Property Street Front Assessment Assessment Entity Type Improvement Footage Rate Amount 1 Intermediate District 287 5530 Zealand Avenue North PID 06-118-21-43-0038 2. City of New Hope (Begin Park) Address Unassigned PID 06-118-21-44-0053 Non-Residental Mill & Overlay Residential Mill & Overlay 681 $50.63 $34,464.35 Total Assessment $34,464.35 339 $33.75 $1 1, 441.25 Total Assessment $11,441.25 Total Assessment Value $45,905.60 Appendix B-3 Preliminary Assessments - Front Footage 2018 55th Avenue North Roadway Improvements January 2018 Front Footage - Mill & Overlay Improvements Street From To Street Length Ft 55th Ave N lCul de sac lWinnetka Ave N 2.350 Front Footage = Project Length x 2 Total Front Footage Total Non -Residential Front Footage Total Residential Front Footage x2 4,700 1,022 3,678 This Page Left Blank Intentionally Appendix C This Page Left Blank Intentionally AMERICAN ENGINEERING TESTING, INC. CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL MATERIALS • FORENSICS www.amengtest.com REPORT OF GEOTECIINICAL AND PAVEMENT ENGINEERING SERVICES 5 5" Avenue Improvements From Winnetka Avenue to Cul-de-Sac New Hope, Minnesota AET Report No. 28-01347 Date: December 4, 2017 Prepared for: City of New Hope Mr. Bernie Weber Director of Public Works 5500 International Parkway New Hope, N4N 55428 4M %ot AAIERICAN ENGINEERING TESTING, INC. December 4, 2017 City of New Hope Mr. Bernie Weber Director of Public Works 5500 International Parkway New Hope, MN 55428 RE: Report of Geotechnical and Pavement Engineering Services 55`h Avenue Improvements Winnetka Ave. to cul-de-sac West of Zealand New Hope, Minnesota AET Report No. 28-01274 Dear Mr. Weber: CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL • MATERIALS • FORENSICS American Engineering Testing, Inc. (AET) is pleased to present the results of our pavement engineering services for the referenced project in New Hope, Minnesota. These services were performed according to our proposal to you dated October 31, 2017, and authorized on November 1, 2017. We are submitting this email copy of the report to you. An email copy along with digital content is also being sent to Ann Dienhart of Stantec. Paper copies are available upon request. Please contact me if you have any questions about the report. I can also be contacted for arranging construction observation and testing services. Sincerely, American Engineering Testing, Inc. Melanie Fiegen, P.E. Senior Pavement Engineer (651)603-6618 nifiegena,amengtest.com Page i 550 Cleveland Avenue North I St. Paul, MN 55114 Phone 651-659-9001 1 Toll Free 800-972-6364 Fax 651-659-1379 1 www.amengtest.com I AAlEEO # This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. % Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota December 4, 2017 AET Report No. 28-01347 SIGNATURE PAGE Prepared for: City of New Hope 5500 International Parkway New Hope, MN 55428 Attn: Mr. Bernie Weber Director of Public Works Report Authored By: 0- Melanie Fiegen, P.E. Senior Pavement Engineer 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 Date: December 4, 2017 License #: 16711 Copyright 2017 American Engineering Testing, Inc. All Rights Reserved Prepared by: AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 (651) 659-9001/www.amengtest.com Peer Review Conducted By: Chunhua Han, Ph.D., P.E. Principal Engineer, Geotechnical Division Unauthorized use or copying of this document is strictly prohibited by anyone other than the client for the specific project. Page ii Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. TABLE OF CONTENTS TransmittalLetter............................................................................................................................. i SignaturePage................................................................................................................................ TABLEOF CONTENTS............................................................................................................... 1.0 INTRODUCTION.................................................................................................................... 1 2.0 SCOPE OF SERVICES............................................................................................................ 1 3.0 PROJECT INFORMATION..................................................................................................... 1 4.0 SUBSURFACE EXPLORATION AND PAVEMENT TESTING .......................................... 2 4.1 Pavement Thickness Testing................................................................................................. 2 4.2 Subsurface Exploration.......................................................................................................... 3 4.3 Laboratory Testing................................................................................................................ 3 5.0 TEST RESULTS....................................................................................................................... 4 5.1 Pavement Thickness.............................................................................................................. 4 5.2 Subsurface Soils/Geology...................................................................................................... 4 6.0 Bituminous Overlay Milling and Preparation....................................................................... 5 7.0 LIMITATIONS......................................................................................................................... 7 Figure 1 — Approximate Boring Locations Figure 2 — Pavement Thickness by GPR APPENDIX A Ground Penetrating Radar Field Exploration and Testing GPR Data and Analysis Result Sheets APPENDIX B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Core Photos Subsurface Boring Logs Material Test Report APPENDIX C Geotechnical Report Limitations and Guidelines for Use Page iii Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. 1.0 INTRODUCTION Improvements are proposed for 55th Avenue North between Winnetka Avenue N. and the cul-de- sac west of Zealand Avenue N. in New Hope, Minnesota. To assist planning and design, you have authorized American Engineering Testing, Inc. (AET) to conduct a GPR survey, subsurface exploration program at the site, and perform a geotechnical and pavement engineering review. This report presents the results of our services. 2.0 SCOPE OF SERVICES AET's services were performed according to our proposal to you dated October 31, 2017. The authorized scope consists of the following: • Perform a Ground Penetrating Radar (GPR) survey of the roadway identified in a sketch supplied by your consultant, Stantec. • Drill and sample three (3) direct push (Geoprobeo) borings to nominal depth of 4 feet. ■ Drill and sample pavement cores at two (2) of the locations to serve as ground truth information for the GPR analysis. • Analyze the GPR data for pavement thickness information. • Prepare an engineering report summarizing the test results and providing recommendations for the suitability of a 2-inch mill and overlay. These services are intended for geotechnical purposes. The scope is not intended to explore for the presence or extent of environmental contamination. 3.0 PROJECT INFORMATION The project consists of rehabilitation of 55th Avenue North between Winnetka Avenue North on the east and the cul-de-sac west of Zealand Avenue North on the west. We understand the preferred rehabilitation method is mill and overlay and existing grades should be maintained. Page 1 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. The above stated information represents our understanding of the proposed construction. This information is an integral part of our engineering review. It is important that you contact us if there are changes from that described so that we can evaluate whether modifications to our recommendations are appropriate. 4.0 SUBSURFACE EXPLORATION AND PAVEMENT TESTING 4.1 Pavement Thickness Testing 4.1.1 GPR testing The pavement thickness testing program conducted for the project consisted of a high speed (air coupled) GPR antenna collecting the pavement thickness data at four scans per foot. The data was collected using a 2 GHz antenna, which allows material layer measurements at depths of 18 to 24 inches with a resolution less than about %-inch. The test data and details of the methods used appear in Appendix A. The GPR data was collected on November 8, 2017. Scans of the pavement were collected according to SIR-20 processor settings established by GSSI RoadScan system, approximately in the middle of the traveling lane and in two directions of travel. A calibration file, required for data post -processing, was collected prior to testing. The GPR interface identification was accomplished using RADAN 7, a proprietary software package included with the GSSI RoadScan system. The software includes tools to aid in delineating pavement layer transitions and automatically calculates the layer depths from the pavement surface using the calibration file(s) collected prior to testing. The identified layer was also compared to the boring data to validate the accuracy of the layer thicknesses. The total depth of pavement is not always explicitly clear. Where gaps in clear identification of pavement and base layer thicknesses are encountered, they are shown on the summaries. Factors influencing definition of radar scans include ambient electromagnetic interference, the presence of Page 2 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. moisture, the presence of voids, and the similarity of material layer type between layers (gravel vs. gravelly sand). 4.1.2 Pavement Coring At the locations shown in the attached Figure 1, which were chosen by Stantec, we obtained two four -inch diameter cores with a diamond bit coring machine. The cores were returned to the laboratory for thickness measurement. The results are included in the boring logs. We also obtained photographs of each core, which are attached in Appendix B. 4.2 Subsurface Exploration For the tested roadways, the subsurface exploration program consisted of three direct push (Geoprobe®) borings. The initial number and approximate locations of our borings were chosen by Stantec. The locations were marked in the field by AET prior to drilling. The approximate locations of the borings are illustrated on the attached Figure 1. Subsurface boring logs and details of the drilling methods used appear in Appendix B. The logs contain information concerning soil layering, soil classification, and geologic description. 4.3 Laboratory Testing We performed a sieve analysis test of a composite sample of the apparent aggregate base from borings BC-1 and BC-2. The results, which are included in Appendix B, indicate the material does meet the gradation requirement of a MnDOT Class 5 aggregate base. We performed moisture content and organic content tests of a peat sample retrieved from boring BC-2, and the results are attached in Appendix B. Page 3 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. 5.0 TEST RESULTS 5.1 Pavement Thickness 5.1.1 GPR Results A summary of the GPR data is attached in Appendix A. Table 5.1 provides a statistical summary of the average and 15th percentile thicknesses of the surfacing layers determined from the GPR survey, as well as the coefficient of variation (CV) of the average thickness. Figure 2 is attached at the end of this report and shows the pavement surface thickness geographically. Table 5.1— Pavement Thickness Information - GPR Section GPR Thickness Information Bituminous Aggregate Base Avg, in. CV* 15th, in. Avg, in. CV* 15th, in. 55' Ave N 3.9 16% 3.5 10.6 19% 7.7 Note: CV is the standard deviation divided by the mean, which provides a measurement of the amount of variation in a data set. The lower the value of CV, the more the overall data approximate to the mean. CV is also a useful statistic for comparing the degree of variation from one data set to another, even if the means are drastically different from each other. 151 denotes the 151 percentile and the value that 85% of the pavement layer thickness is greater than. 5.1.2 Core — Geoprobe Results The pavement surfacing is bituminous at each of the sampled locations. The bituminous thickness at the boring locations ranged from 3.7 inch to 4.1 inches. In general, base/subbase material consisting of sand with silt, silty sand and sand with varying amounts of gravel (classified as A-1- b, A-2-4, and A-3) was found beneath the bituminous layer with thicknesses ranging from 10.5 to 13.5 for the base and sand subbase extending to approximately 2 to 3 feet below the surface. Please review the boring logs for specific information. 5.2 Subsurface Soils/Geology Below the aggregate base/subbase material, the direct push and hand auger boring encountered fill soils that were classified as A-1-b, A-2-4, A-2-6, and A-6. We planned to sample to a 4-foot depth. However, at boring BC-2, the initial sampling retrieved less than 30 inches so a second push was made. It was this second sampling that encountered peat at a depth of 4.5 feet below the surface Page 4 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. and extending to the boring completion depth. Although the subgrade correction is not planned at this time, the material has a very high organic content and should be considered if/when utility work is next performed. Please review the boring logs for specific information. 6.0 BITUMINOUS OVERLAY MILLING AND PREPARATION This procedure removes the upper portion of the existing bituminous, but leaves the lower portion in place; hence, improvement to the base and subgrade layers is not possible. This approach requires sufficient thickness of bituminous such that enough bituminous remains to prevent the paving equipment from breaking through into the base layer; this remaining thickness is typically considered to be at least 1'/2 inches, and even this depends on the bituminous condition (stripped or severely deteriorated bituminous pavement is not suitable). Note that with the mill and overlay approach, cracks from the existing pavement will reappear in the new surface layer after a short time (reflective cracking). For cold milling, the forward speed of the machine, rotational velocity of the rotating drum, spacing of the carbide bits, and grade control of the cutting head should be closely controlled to produce a uniform texture throughout the project. The longitudinal profile should be held as close as practical to the same tolerance as new construction, since the milled profile will have a significant impact upon the ride of the overlaid pavement, especially when only a single lift of overlay is placed. Normally, the recommended milling depth corresponds to the lift thickness of the original pavement. The cores show a top lift ranging from 11/4 to 2 inches. It is best to remove the entire layer as the bottom of the lift is typically where bonding and stripping issues occur. The depth of milling may require adjustment in the field to ensure that a full layer is removed and that portions of a layer are not left bonded to the underlying surface. Additionally, if there is a large amount of stripping present, the milling depth should be sufficiently deep to remove the stripped areas. The milling depth can be adjusted to remove areas with significant stripping present, or if the stripping is limited only to a few transverse cracks, a smaller milling machine can be brought in the remove Page 5 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. additional material in these areas. Patching can be performed after the milling operation for cases where a minimal amount of stripping is present or in the areas where cracks are milled deeper than the remaining roadway. It is recommended that a tack coat is applied between all bituminous layers and prior to placing any bituminous mixtures on the milled surface. The bituminous tack coat material should be applied at an undiluted uniform rate of 0.08 to 0.10 gal/yd2 on the un-milled bituminous surface and 0.07 to 0.11 gal/yd2 on the milled bituminous surface prior to being overlaid. The asphalt emulsion may be diluted by the supplier in accordance with MnDOT Spec. 2357. Prior to overlaying, it is recommended that deteriorated cracks and wheel -path areas are air blasted and power swept to remove loose material. Air blasting should be completed with high pressure (minimum of 100 psi) equipment. Removal of material at some deteriorated locations may require the use of a small milling machine or handwork, in addition to the high-pressure air blasting. Regardless of the patch depth, it is important to remove the entire existing deteriorated pavement. Depressions resulting after air blasting, sweeping, or milling operations that are greater than 1.5 inches in depth and width should be filled with a Bituminous Patching Mixture meeting MnDOT Spec. 2231 and compacted with a small vibratory or pneumatic roller. Depressions equal to or less than 1.5 inches in depth and width can be filled with the bituminous overlay mixture. Consideration should be given to allow traffic to drive over deteriorated joints/cracks, after backfilling (if there is a large number of these distressed locations) with the recommended bituminous mixtures and proper compaction, for a period of seven days prior to placement of the wear course mixture. The proposed seven-day delay period will permit traffic to apply additional compaction to the joint/crack backfill. If further compaction is not deemed necessary, then patching of depressions greater than 1.5 inches in depth and width can be completed ahead of the paver and compacted with a small vibratory or pneumatic roller. As previously stated, the smaller depressions will be filled in by the wearing course paving operations. Page 6 of 7 Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. Please note that since this will be a bonded overlay (i.e., bonded to the milled surface), the amount of pre -overlay repair that must be performed on the existing pavement is critical to the performance of the overlay. Similarly, reflection crack control measures must be applied to these overlays, such as the selection of bituminous mixture and PG binder type and saw and seal on the overlay. Depending upon the frequency of existing transverse cracks it may be prudent to select a bituminous mixture and PG binder that will crack at the existing frequency but be more resistant to degradation from environmental effects such as moisture. As a general rule, all the distress types in an existing pavement that are likely to affect the performance of an overlay within a few years should be repaired. The bituminous mixture should meet the most current MnDOT Spec. 2360 (Plant -Mixed Asphalt Pavement) requirements. Compaction of all bituminous mixtures should be by the "Maximum Density Method." 7.0 LIMITATIONS Within the limitations of scope, budget, and schedule, our services have been conducted according to generally accepted geotechnical engineering practices at this time and location. Other than this, no warranty, express or implied, is intended. Important information regarding risk management and proper use of this report is given in Appendix C entitled "Geotechnical Report Limitations and Guidelines for Use." Page 7 of 7 } •ff - ��.�. ,.4 T is _ - -i rl Ae rl LIN F %B:3 --°' - - — cB�=2 r�.' Fes, cBG-1 _ .� - w ti Q 2017 GDogle m z L GO .f �., j �'�` �� •i:i r ' i raaery Date: 9I517[}17 ' lat 45.05577411 Ion 93.3844480 PIe4' Q 14 JP ill�-4 14 17 � �t � �� • _ - ,y ram _ � � � f T r-'^r nun uvi • a� �ii m� .visa a*+ i i �� i _ nm 1 ��- s�•i r w.�r+r mime '.1. 2017 Googte fl t !�7� 1 -� r 1111d ery Dale: 4f512017 1a11 45.0549940"Eon-93.38072-30 etas Of .eve ait Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope Streets AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing GPR Data and Analysis Results Sheets Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01347 A.1 FIELD EXPLORATION The pavement structural conditions at the site were evaluated nondestructively using Ground Penetrating Radar (GPR). The description of the equipment precedes the GPR Data and Analysis Results in this appendix. A.2 EQUIPMENT DESCRIPTION A.2.1 GSSI GPR Test System The GPR test system owned by AET is a GSSI Roadscan System that consists of a bumper -mounted, 2 GHz air - coupled antenna and a SIR-30 control and data acquisition processor, featuring dual channels. The GPR processor, including a SIR-30 data acquisition system, wheel -mounted DMI (Distance Measuring Instrument), and a tough book with the SIR-30 Field Program constitutes the newest, most sophisticated GSSI Test System, which fulfills or exceeds all requirements to meet ASTM-4748, ASTM D-6087 Standards. Figure Al provides a view of this equipment. Figure 12 GHz air -Con pled G€'R rest System The GPR antenna emits a high frequency electromagnetic wave into the material under investigation. The reflected energy caused by changes in the electromagnetic properties within the material is detected by a receiver antenna and recorded for subsequent analysis. The 2 GHz air -coupled GPR can collect radar waveforms at more than 100 signals per second, allows for data to be collected at driving speeds along the longitudinal dimension of the pavements or bridge decks with the antennas fixed at the rear or in front of the vehicle. The antenna used for Roadscan is the Horn Model 4105 (2 GHz). The 2 GHz antenna is the current antenna of choice for road survey because it combines excellent resolution with reasonable depth penetration (18-24 inches in pavement materials). The data collection is performed at normal driving speeds (45-55 mph), requiring neither lane closures nor causing traffic congestion. At this speed the 2 GHz antenna can collect data at 3-inch interval (4 scans/foot). The data were collected at a rate of about 4 vertical scans per foot. Each vertical scan consisted of 512 samples and the record length in time of each scan was 12 nanoseconds. Filters used during acquisition were 300 MHz high pass and 5,000 MHz low pass. In a GPR test, the antenna is moved continuously across the test surface and the control unit collects data at a specified distance increment. In this way, the data collection rate is independent of the scan rate. Alternatively, scanning can be performed at a constant rate of time, regardless of the scan distance. Single point scans can be performed as well. Data is reviewed on -screen and in the field to identify reflections and ensure proper data collection parameters. Field testing is performed in accordance with the standard ASTM procedures as described in ASTM D 4695-96, "Standard Guide for General Pavement Deflection Measurements". A.2.2 System Calibrations Horn antenna processing is used to get the velocity of the radar energy in the material by comparing the reflection strengths (amplitudes) from a pavement layer interface with a perfect reflector (a metal plate). The calibration scan is obtained with the horn antenna placed over a metal plate at the same elevation as a scan obtained over pavement. Appendix A - Page I of 3 AMERICAN ENGINEERING TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01347 The same setting for data collection is used for metal plate calibration. Fifteen seconds are need for jumping up and down on the vehicle's bumper to collect the full range of motion for the vehicle's shocks. The filename of raw calibration file is recorded. Survey wheel is calibrated by laying out a long distance (> 50 feet) with tape measure. A.2.3 Linear Distance and Spatial Reference System Distance measuring instrument (DMI) is a trailer mounted two phase encoder system. When DMI is connected to the SIR-30 it provides for automatic display and recording distance information in both English and metric units with a I foot (0.3 meters) resolution and four percent accuracy when calibrated using provided procedure in the Field Program. Spatial reference system is a Trimble ProXH Global Positioning System (GPS) that consists of fully integrated receiver, antenna and battery unit with Trimble's new H-StarTM technology to provide subfoot (30 cm) post processed accuracy. The External Patch antenna is added to the ProXH receiver for the position of the loading plate. The External Patch antenna can be conveniently elevated with the optional baseball cap to prevent any signal blockage. A.2.4 Camera Monitoring System A battery operated independent GoPro Hero 5 HD camera with a SD card is used for easy positioning of the horn antenna or of the pavement surface condition at the testing locations. A.3 SAMPLING METHODS At the project level, the testing interval is set at 4 scans per foot in the Outside Wheel Path (OWP) = 2.5 fl 10.25 R (0.76 in f 0.08 m) for nominal 12 ft (3.7 m) wide lanes at a survey speed of approximately 30 mph. Where a divided roadbed exists, surveys will be taken in both directions if the project will include improvements in both directions. If there is more than one lane in one direction the surveys will be taken in the outer driving lane (truck lane) versus the passing lane of the highway. GPR tests are performed at a constant lateral offset down the test section. When GPR tests are performed on bridge decks, multiple survey lines are followed transversely at 2-foot spacing between survey lines. At the network level, GPR tests on two scans per foot are set to be able to collect data on pavements at driving speeds, without statistically compromising the quality of the data collected. If GPR tests are for the in -situ characterization of material GPR data will be collected at six scans per foot at slower driving speeds. A.4 QUALITY CONTROL (QC) AND QUALITY ASSURANCE (QA) Besides the daily metal plate calibration, the DMI is also calibrated monthly by driving the vehicle over a known distance to calculate the distance scale factor. The GPR will be monitored in real time in the data collection vehicle to minimize data errors. The GPR units will be identified with a unique number and that number will accompany all data reported from that unit as required in the QC/QA plan. Scheduled preventive maintenance ensures proper equipment operation and helps identify potential problems that can be corrected to avoid poor quality or missing data that results if the equipment malfunctions while on site. The routine and major maintenance procedures established by the LTPP are adopted and any maintenance has been done at the end of the day after the testing is complete and become part of the routine performed at the end of each test/travel day and on days when no other work is scheduled. To insure quality data, the GPR assessments took place on generally dry pavement surfaces, and data was collected in each wheel path. A.5 DATA ANALYSIS METHODS A.5.1 Data Editing Field acquisition is seldom so routine that no errors, omissions or data redundancy occur. Data editing encompasses issues such as data re -organization, data file merging, data header or background information updates, repositioning and inclusion of elevation information with the data. A.5.2 Basic Processing Appendix A - Page 2 of 3 AMERICAN ENGINEERING TESTING, INC. Appendix A Ground Penetrating Radar Field Exploration and Testing AET Report No. 28-01347 Basic data processing addresses some of the fundamental manipulations applied to data to make a more acceptable product for initial interpretation and data evaluation. In most instances this type of processing is already applied in real-time to generate the real-time display. The advantage of post survey processing is that the basic processing can be done more systematically and non -causal operators to remove or enhance certain features can be applied. The Reflection Picking procedure is used to eliminate unwanted noise, detects significant reflections, and records the corresponding time and depth. It uses antenna calibration file data to calculate the radar signal velocity within the pavement. A.5.3 Advance Processing Advanced data processing addresses the types of processing which require a certain amount of operator bias to be applied and which will result in data which are significantly different from the raw information which were input to the processing. A.5.4 Data Interpretation The EZ Tracker Layer Interpretation procedure uses the output from the first step to map structural layers and calculate the corresponding velocities and depths. A.6 TEST LIMITATIONS A.6.1 Test Methods The data derived through the testing program have been used to develop our opinions about the pavement conditions at your site. However, because no testing program can reveal totally what is in the subsurface, conditions between test locations and at other times, may differ from conditions described in this report. The testing we conducted identified pavement conditions only at those points where we measured pavement thicknesses and observed pavement surface conditions. Depending on the sampling methods and sampling frequency, every location may not be tested, and some anomalies which are present in the pavement may not be noted on the testing results. If conditions encountered during construction differ from those indicated by our testing, it may be necessary to alter our conclusions and recommendations, or to modify construction procedures, and the cost of construction may be affected. A.6.2 Test Standards Pavement testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. A.7 SUPPORTING TEST METHODS Soil Boring/Coring Field Exploration If both pavement thicknesses and subgrade soil types and conditions are desired the shallow coring/boring and sampling is used. The limited number of coring/boring is necessary to verify the GPR layer thickness data. Appendix A - Page 3 of 3 AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 Phone: (651) 659-9001 Fax: (651) 659-1379 SUMMARY OF PAVEMENT SURVEY PROJECT 55th Ave. N., New Hope, MN Test Date 10/6/16 PROJECT NO. 28-01347 SECTION 1 STREET 55th Avenue N. TERMINI Winnetka Ave. N. to cul-de-sac W of Zealand Ave. N. SUMMARY STATISTICS Units: inches Layer EB WB Avera CV 15th Min. Ave ra a CV 15th Min. AC 4.1 10% 3.7 3.2 3.7 19% 3.2 1.6 G13 10.9 19% 7.9 7.4 10.4 19% 7.7 6.9 Ground Penetrating Radar Pavement Thickness Survey GPR Distance (ft) 0 500 1000 1500 2000 0.0 -2.0 - yy4 -4.0 __-- ---- - -- - _ - -- a -6.0 -8.0 -10.0 A -12.0 - �l -14.0 --- - -- -16.0 _ -- ----- -18.0 C-1 C-2 -20.0 C-3 EB AC ------- WB AC Core AC — EB Base ------- WB Base Core GB Report of Geotechnical and Pavement Engineering Services 55tb Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. Appendix B Geotechnical Field Exploration and Testing Boring Log Notes AASHTO Soil Classification System Unified Soil Classification System Core Photos Subsurface Boring Logs Material Test Reports Page 1 of 7 Appendix B Geotechnical Field Exploration and Testing AET Resort No. 28-01347 B.1 FIELD EXPLORATION The subsurface conditions at the site were explored by drilling and sampling 3 direct push borings and 2 bituminous cores. The locations of the borings and cores appear on Figure 1. B.2 SAMPLING METHODS B.2.1 Split -Spoon Samples (SS) - Calibrated to N60 Values Standard penetration (split -spoon) samples were collected in general accordance with ASTM: D1586 with one primary modification. The ASTM test method consists of driving a 2-inch O.D. split -barrel sampler into the in -situ soil with a 140-pound hammer dropped from a height of 30 inches. The sampler is driven a total of 18 inches into the soil. After an initial set of 6 inches, the number of hammer blows to drive the sampler the final 12 inches is known as the standard penetration resistance or N-value. Our method uses a modified hammer weight, which is determined by measuring the system energy using a Pile Driving Analyzer (PDA) and an instrumented rod. In the past, standard penetration N-value tests were performed using a rope and cathead for the lift and drop system. The energy transferred to the split -spoon sampler was typically limited to about 60% of its potential energy due to the friction inherent in this system. This converted energy then provides what is known as an N60 blow count. The most recent drill rigs incorporate an automatic hammer lift and drop system, which has higher energy efficiency and subsequently results in lower N-values than the traditional N60 values. By using the PDA energy measurement equipment, we are able to determine actual energy generated by the drop hammer. With the various hammer systems available, we have found highly variable energies ranging from 55% to over 100%. Therefore, the intent of AET's hammer calibrations is to vary the hammer weight such that hammer energies lie within about 60% to 65% of the theoretical energy of a 140-pound weight falling 30 inches. The current ASTM procedure acknowledges the wide variation in N-values, stating that N-values of 100% or more have been observed. Although we have not yet determined the statistical measurement uncertainty of our calibrated method to October 11, 2011, we can state that the accuracy deviation of the N-values using this method is significantly better than the standard ASTM Method. B.2.2 Disturbed Samples (DS)/Spin-up Samples (SU) Sample types described as "DS" or "SU" on the boring logs are disturbed samples, which are taken from the flights of the auger. Because the auger disturbs the samples, possible soil layering and contact depths should be considered approximate. B.2.3 Direct Push Samples (DP) Sample types described as "DP' on the boring logs are continuous core samples collected by the direct push method. The method consists of a 2.125 OD outer casing with an inner 1.5 inch ID plastic tube driven continuously into the ground. B.2.4 Sampling Limitations Unless actually observed in a sample, contacts between soil layers are estimated based on the spacing of samples and the action of drilling tools. Cobbles, boulders, and other large objects generally cannot be recovered from test borings, and they may be present in the ground even if they are not noted on the boring logs. Determining the thickness of "topsoil" layers is usually limited, due to variations in topsoil definition, sample recovery, and other factors. Visual -manual description often relies on color for determination, and transitioning changes can account for significant variation in thickness judgment. Accordingly, the topsoil thickness presented on the logs should not be the sole basis for calculating topsoil stripping depths and volumes. If more accurate information is needed relating to thickness and topsoil quality definition, alternate methods of sample retrieval and testing should be employed. B.3 CLASSIFICATION METHODS Soil descriptions shown on the boring logs are based on the Unified Soil Classification (USC) system. The USC system is described in ASTM: D2487 and D2488. Where laboratory classification tests (sieve analysis or Atterberg Limits) have been performed, accurate classifications per ASTM: D2487 are possible. Otherwise, soil descriptions shown on the boring logs are visual -manual judgments. Charts are attached which provide information on the USC system, the descriptive terminology, and the symbols used on the boring logs. Appendix B - Page 1 of 2 AMERICAN ENGINEERING TESTING, INC. Appendix B Geotechnical Field Exploration and Testing AET Report No. 28-01347 Visual -manual judgment of the AASHTO Soil Group is also noted as a part of the soil description. A chart presenting details of the AASHTO Soil Classification System is also attached. The boring logs include descriptions of apparent geology. The geologic depositional origin of each soil layer is interpreted primarily by observation of the soil samples, which can be limited. Observations of the surrounding topography, vegetation, and development can sometimes aid this judgment. BA WATER LEVEL MEASUREMENTS The ground water level measurements are shown at the bottom of the boring logs. The following information appears under "Water Level Measurements" on the logs: • October 11, 2011 and Time of measurement • Sampled Depth: lowest depth of soil sampling at the time of measurement • Casing Depth: depth to bottom of casing or hollow -stem auger at time of measurement • Cave-in Depth: depth at which measuring tape stops in the borehole • Water Level: depth in the borehole where free water is encountered • Drilling Fluid Level: same as Water Level, except that the liquid in the borehole is drilling fluid The true location of the water table at the boring locations may be different than the water levels measured in the boreholes. This is possible because there are several factors that can affect the water level measurements in the borehole. Some of these factors include: permeability of each soil layer in profile, presence of perched water, amount of time between water level readings, presence of drilling fluid, weather conditions, and use of borehole casing. B.5 LABORATORY TEST METHODS B.5.1 Water Content Tests Conducted per AET Procedure 01-LAB-010, which is performed in general accordance with ASTM: D2216 and AASHTO: T265. B.5.2 Sieve Analysis of Soils (thru #200 Sieve) Conducted per AET Procedure 01-LAB-040, which is performed in general conformance with ASTM: D6913, Method A. B.6 TEST STANDARD LIMITATIONS Field and laboratory testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. B.7 SAMPLE STORAGE Unless notified to do otherwise, we routinely retain representative samples of the soils recovered from the borings for a period of 30 days. Appendix B - Page 2 of 2 AMERICAN ENGINEERING TESTING, INC. BORING LOG NOTES DRILLING AND SAMPLING SYMBOLS Symbol Definition B, H, N: Size of flush joint casing CA: Crew Assistant (initials) CAS: Pipe casing, number indicates nominal diameter in inches CC: Crew Chief (initials) COT: Clean -out tube DC: Drive casing; number indicates diameter in inches DM: Drilling mud or bentonite slurry DR: Driller (initials) DS: Disturbed sample from auger flights FA: Flight auger; number indicates outside diameter in inches HA: Hand auger; number indicates outside diameter HSA: Hollow stem auger; number indicates inside diameter in inches LG: Field logger (initials) MC: Column used to describe moisture condition of samples and for the ground water level symbols N (BPF): Standard penetration resistance (N-value) in blows per foot (see notes) NQ: NQ wireline core barrel PQ: PQ wireline core barrel RD: Rotary drilling with fluid and roller or drag bit REC: In split -spoon (see notes) and thin -walled tube sampling, the recovered length (in inches) of sample. In rock coring, the length of core recovered (expressed as percent of the total core run). Zero indicates no sample recovered. REV: Revert drilling fluid SS: Standard split -spoon sampler (steel; 1" is inside diameter; 2" outside diameter); unless indicated otherwise SU Spin -up sample from hollow stem auger TW: Thin -walled tube; number indicates inside diameter in inches WASH: Sample of material obtained by screening returning rotary drilling fluid or by which has collected inside the borehole after "falling" through drilling fluid WH: Sampler advanced by static weight of drill rod and 140-pound hammer WR: Sampler advanced by static weight of drill rod 94mm: 94 millimeter wireline core barrel V: Water level directly measured in boring 0: Estimated water level based solely on sample appearance TEST SYMBOLS Symbol Definition CONS: One-dimensional consolidation test DEN: Dry density, pcf DST: Direct shear test E: Pressuremeter Modulus, tsf HYD: Hydrometer analysis LL: Liquid Limit, % LP: Pressuremeter Limit Pressure, tsf OC: Organic Content, % PERM: Coefficient of permeability (K) test; F - Field; L - Laboratory PL: Plastic Limit, % qp: Pocket Penetrometer strength, tsf (appwximate) qC: Static cone bearing pressure, tsf qu: Unconfined compressive strength, psf R: Electrical Resistivity, ohm-cros RQD: Rock Quality Designation of Rock Core, in percent (aggregate length of core pieces 4" or morc in lcngth as a percent of total core run) SA: Sieve analysis TRX: Triaxial compression test VSR: Vane shear strength, remolded (field), psf VSU: Vane shear strength, undisturbed (field), psf WC: Water content, as percent of dry weight %-200: Percent of material finer than #200 sieve STANDARD PENETRATION TEST NOTES The standard penetration test consists of driving the sampler with a 140 pound hammer and counting the number ofblows applied in each of three 6" increments of penetration. If the sampler is driven less than 18" (usually in highly resistant material), permitted in ASTM: D1586, the blows for each complete 6" increment and for each partial increment is on the boring log. For partial increments, the number of blows is shown to the nearest 0. F below the slash. The length of sample recovered, as shown on the "REC" column, may be greater than the distance indicated in the N column. The disparity is because the N-value is recorded below the initial 6" set (unless partial penetration defined in ASTM: D1586 is encountered) whereas the length of sample recovered is for the entire sampler drive (which may even extend more than 18"). 01REP052 (12/08) AMERICAN ENGINEERING TESTING, INC. AASHTO SOIL CLASSIFICATION SYSTEM AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS Classification of Soils and Soil -Aggregate Mixtures Granular Materials Silt -Clay Materials General Classification (35% or less passing No. 200 sieve) (More than 35% passing No. 200 sieve) A-1 A-2 A-7 Group Classification A-7-5 A-1-a A-1-b A-3 A-2-4 A-2-5 A-2-6 A-2-7 A-4 A-5 A-6 A-7-6 Sieve Analysis, Percent passing: No. 10(2.00 mm) ......................... 50 max. No. 40(0.425 mm).............................. 30 max 50 max. 51 min. .... ... .... No. 200 (0,075 mm) ............................. 15 max. 25 max. 10 max. 35 max. 35 max. 35 max. 35 max. 36 min. 36 min. 36 min. 36 min. Characteristics of Fraction Passing No, 40 (0.425 mm) Liquid limit ....... . . . ........................... . , . 40 max. 41 min. 40 max. 41 min. 40 max 41 min. 40 max 41 min Plasticity index ................................. 6 max N,P- 10 max. 10 max. 11 min. 11 min. 10 max. 10 max 11 min. 11 min. Usual Types of Significant Constituent Materials Stone Fragments, Fine Silty or Clayey Gravel and Sand Silty Soils Clayey Soils Gravel and Sand Sand General Ratings as Subgrade .. ................. Excellent to Good Fair to Poor The placing of A-3 before A-2 is necessary in the "left to right elimination process" and does not indicate superiority of A-3 over A-2 Plasticity index of A-7-5 subgroup is equal to or less than LL minus 30. Plasticity index of A-7-6 subgroup is greater than LL minus 30 Group A-8 soils are organic clays or peat with organic content >5%. 100( 90 80 70 E 60 J 50 40 30 20 PLASTICITY INDEX (PI) 10 20 30 40 50 60 70 / �v 0 / / / A-5 •7 A A-6 5a GROUP INDEX CHART Group Index (GI) _ (F-35) [0.2+0.005 (LL-40) ] + 0.01 (F-15) (PI-10) where F = % Passing No 200 sieve, LL = Liquid Limit, and PI = Plasticity Index. When working with A-2-6 and A-2-7 subgroups the Partial Group Index (PGI) is determined from the PI only. 40 When the combined Partial Group Indices are negative, the Group Index should be reported as zero 3Q CL CD z CD a 2D J n 4 10 10 Liquid Limit and Plasticity Index Ranges for the yP� A-4, A-5, A-6 and A-7 Subgroups r1p Qennfttons of Gravel. Sand and Sllt-ClavThe terms "gravel", "coarse sand", "fine sand" and "silt -clay", asdeterminable from the minimum test data required in this classification arrangement and as used in subsequent word descriptions are defined as follows: 0- t0o GRAVEL - Material passing sieve with 3-in square openings and retained on the cb No 10 sieve rqg; Then: COARSE SAND - Material passing the No 10 sieve and retained on the No 40 b 82% Passing No, 200 sieve PGI = 8,9 for LL sieve LL = 38 PGI = 7.4 for PI FINE SAND - Material passing the No 40 sieve and retained on the No 200 ' PI = 21 GI = 16 sieve -10 COMBINED SILT AND CLAY- Material passing the No 200 sieve BOULDERS (retained on 3-in. sieve) should be excluded from the portion of the sample to which the clessificailon Is applied, but the percentage of such materiel, if any, in the sample should be recorded. The lens "silty" is applied to fine material having plasticity Index of 10 or less and the term "clayey' is applied to fine material having plasticity index of 11 or greater 01CLS022 (07/11) AMERICAN ENGINEERING TESTING, INC. UNIFIED SOIL CLASSIFICATION SYSTEM ASTM Designations: D 2487, D2488 Criteria for Assigning Group Symbols and Group Names Using Laboratory TestsA Group Group Name Symbol Coarse -Grained Gravels More Clean Gravels Cu>4 and 1<Cc<3' GW Well graded grave Soils More than 50% coarse Less than 5% than 50% fraction retained finesc Cu<4 and/or 1>Cc>3L GP Poorly graded gral retained on on No 4 sieve No 200 sieve Gravels with Fines classify as ML or MH GM Silty gravel Fines more than 12% fines c Fines classify as CL or CH GC Clayey gravel Sands 50% or Clean Sands Cu>6 and 1<Cc<3 SW Well -graded sand' more of coarse Less than 5% fraction passes finesD Cu<6 and/or 1>Cc>3 SP Poorly -graded San No. 4 sieve Sands with Fines classify as ML or MH SM Silty sand Fines more than 12% fines D Fines classify as CL or CH SC Clayey sand Fine -Grained Silts and Clays inorganic PI>7 and plots on or above CL Lean clay"" Soils 50% or Liquid limit less "A" line' more passes than 50 PI<4 or glues below ML Sil " the No. 200 "A" line sieve organic Li id limit -oven drW <0 75 OL Organic clay"" (see Plasticity Liquid limit - not dried Organic siltK L M o Chart below) Silts and Clays inorganic PI plots on or above "A" line CH Fat clay" Liquid limit 50 or more PI plots below "A" line MH Elastic silt` organic Liouid limit -oven dried <0 75 OH Organic clayK L M, Liquid limit- not dried Organic siltK L M.Q Highly organic Primarily organic matter, dark PT Pea soil in color, and organic in odor SIEVE ANALYSIS o 075— PARnCLE SIZE IN MILUMEfERS 1/S�/.i R'„rl//// • AMERICAN ENGINEERING TESTING, INC. 13 fiis= Notes ^Based on the material passing the 3-in �75-mm) sieve. If field sample contained cobbles or boulders, or both, add "with cobbles or boulders, or both" to group name. `'Gravels with 5 to 12% fines require dual symbols: GW-GM well -graded gravel with silt GW-GC well -graded gravel with clay GP -GM poorly graded gravel with silt GP -GC poorly graded gravel with clay °Sands with 5 to 12% fines require dual symbols: SW-SM well -graded sand with silt SW -SC well -graded sand with clay SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay (D3o)Z ECu = D60 /DIO, Cc = Dlo x D6o FIf soil contains >15% sand, add "with sand" to group name. oIf fines classify as CL-ML, use dual ymbol GC -GM, or SC-SM. If fines are organic, add "with organic fines" to group name 'If soil contains >15% gravel, add "with ravel" to group name. If Atterberg limits plot is hatched area, soils is a CL-ML silty clay. KlT soil contains 15 to 29% plus No. 200 add "with sand" or "with gravel", whichever is predominant. LIf soil contains 2:36% plus No. 200, predominantly sand, add "sandy" to group name. mIf soil contains >30% plus No. 200, predominantly gravel, add "gravelly" to group name. NPI?4 and plots on or above "A" line oPh4 or plots below "A" line. FPI plots on or above "A" line. QPl plots below "A" line. RFiber Content description shown below LIQUID LIMIT (LL) Plasticity Chart NOTES USED BY AET FOR SOIL IDENTIFICATION AND DESCRIPTION Tenn Particle Size Term Percent Term N-Value. BPF Term N-Value_ BPF Boulders Over 12" A Little Gravel 3% - 14% Very Soft less than 2 Very Loose 0-4 Cobbles 3" to 12" With Gravel 15% - 29% Soft 2-4 Loose 5 - 10 Gravel 94 sieve to 3" Gravelly 30% - 50% Firm 5 - 8 Medium Dense 11 - 30 Sand #200 to #4 sieve Stiff 9 - 15 Dense 31 -50 Fines (silt & clay) Pass #200 sieve Very Stiff 16 - 30 Very Dense Greater than 50 Hard Greater than 30 Moistur&Frost Condition Layering Notes feat 1ksoripii4tt Organic Do-cription (if no lab tests) (MC Column) Soils are described as organic, if soil is not peat D (Dry): Absence of moisture, dusty, dry to and is judged to have sufficient organic fines touch. Laminations: Layers less than Fiber Content content to influence the Liquid Limit properties. M (Moist): Damp, although free water not /? thick of Term (Visual Estimate) ray nicused for borderline cases. ❑ l�+y��+ visible. Soil may still have a high differing material Root Inclusions water content (over "optimum"). or color. Fibric Peat: u Greater than 67 /o With roots: Judged to have sufficient quantity g 4 tY W (Wet/ Free water visible intended to Hemic Peat: 33 - 67% of roots to influence the soil Waterbearing): describe non -plastic soils. Lenses: Pockets or layers „ Sapric Peat: Less than 33% properties Waterbearing usually relates to , greater than /z Trace roots: Small roots resent, but not judged � 8 sands and sand with silt. thick of differingp to be in sufficient quantity to F (Frozen): Soil frozen material or color significantly affect soil properties. 01 CLS021 (07/08) AMERICAN ENGINEERING TESTING, INC. f ♦ jar,* •.1� v AMERIC:AN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01347 Log of Boring No. B-01 (P. 1 of 1) Project: New Hope 2018 55th Avenue Improvements-, New Hoe NIN DEN H Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL �#201 FEET MATERIAL DESCRIPTION TYPE IN. 3.7" Bituminous pavement FILL CORE 10.5" FILL, mostly sand with silt and gravel, pieces of bituminous and concrete brown and 1— dark brown, a little black (A-1-b) 8 8,8 FILL, mostly sand, a little silt and gravel, brown (A-3) 2 — FILL, mixture of sandy lean clay and lean clay with sand, a little gravel, brown, gray and dark brown, layers of laminations of sand with silt (A-6) M DP 63 3 4- 5— i I END OF BORING I i DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO i 0-5.25' DP DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED SHEETS FOR AN EXPLANATION OF BORING COMPLETED: 11/15/17 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/2011 01-DHR-060 AMERICAN 1 ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 28-01347 Log of Boring No. B-02 (p. 1 of 1) Project: New Hope 2018 55th Avenue Improvements; New Hope, NM ^ DEPPITH Surface Elevation GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PI, .4201 FEET MATERIAL DESCRIPTION TYPE IN, 4.1 " Bituminous pavement FILL CORE 13" FILL, mostly sand with silt and gravel, pieces of bituminous and concrete, trace wood, dark brown, a little black (A-1-b) 1 — 8 8.8 FILL, mostly sand, a little silt, gravel and lean clay, brown (A-3) FILL, mixture of clayey sand and sandy lean 2 clay, slightly organic, dark gray (A-2-6/A-6) 3 _ M DP 66 FILL, mostly sand with silt, brown (A-3) SILTY SAND, a little gravel, slightly organic, FINE 4 _ dark grayish brown (SM) (A-2-4) (may be fill) ALLUVIUM OR FILL SAPRIC PEAT, very dark brown (PT) (A-8) SWAMP DEPOSIT 5- Organic Content = 44% 140 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 0-5.5' DP DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTAC14ED SHEETS FOR AN EXPLANATION OF BORING COMPLETED: 11/15/17 TERMINOLOGY ON DR: NO LG: Rig: 26R THIS LOG 03/201 I 01-DHR-060 AMERICAN 1 ENGINEERING SUBSURFACE BORING LOG = TESTING, INC. ABT No: 28-01347 Log of Boring No. B-03 (p. 1 of 1) Project: New Hope 2018 55th Avenue Improvements; New Hope, MN DEPTH Surface Elevation GEOLOGY SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL m#20 1N FEET MATERIAL DESCRIPTION N MC TYPE IN. 4" Bituminous pavement FILL 13.5" FILL, mostly sand with silt and gravel, pieces of bituminous and concrete, brown and dark brown (A-1-b) t— FILL, mostly sand, a little gravel, brown (A-3) M DP 44 Z — 3 — FILL, mostly sandy lean clay, a little gravel, slightly organic; dark gray, a little brown (A-6) END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO THE ATTACHED SHEETS FOR AN EXPLANATION OF 0-3.8 DP DATE 77A4E SAMPLED H DEPTH CDEPTH FLUID LEVEL WATER BORING COMPLETED: 11/15/17 TERMINOLOGY ON THIS LOG i DR: NO LG; Rig; 26R 03/2011 01-DHR-060 AMERICAN ENGINEERING TESTING, INC. Material Test Report Client: NEW HOPE, CITY OF CC: Project: New Hope 2018 55th Avenue Improvements 55th Avenue New Hope, MN Job No: 28-01347 Sample ID 17-25036-S1 Field Sample ID Composite Base Date Sampled 11/29/2017 Source Material Recycled Concrete & Bituminous Specification Gradation Sampling Method General Location 55th Avenue, New Hope, MN Location B01, 0.31-1.2- B02, 0.33-1.4- Date Submitted 11/29/2017 Particle Size Distribution A American Engineering Testing, Inc. St. Paul Albertville 550 Cleveland Ave N 5548 Barthel Ind Dr, Ste 500 St. Paul, MN 55114 Albertville, MN 55301 (651) 659-9001 (763) 428-5573 Toll Free: (800) 972-6364 www.amengtest.com Report No: MAT:17.25036-S1 Issue No: 1 This document shall not be (/ J reproduced, except in full, without written approval from American Engineering Testing, Inc Date of Issue: 12/4/2017 Reviewed By: Jesse Sich EIT, MNDOTTech IDIi17564 Other Teat_ Results Description Method Result Limits Total evaporable Molsture Content % ASTM C 566 7.6 %Fusing rCp. . . .. ................................................. ..........._......................................_....a...__.. ............................................... ................................... ... so.......................... ..........................................I. ea.... .............. ......... ........................................... m......... ...................... .... ...... ...................................................... .......... Y...................... ................... ........... .............. ... Se✓e This sample meets the gradation requirements of a Class 5 Base Aggregate. Method: ASTM C 136, ASTM C 117 Drying by: Oven Date Tested: 11 /30/2017 Tested By: Sieve Size % Passing Limits 1 in (25.Omm) 100 %in (19.Omm) 99 '/zin (12.5mm) 93 3/8in (9.5mm) 85 No.4 (4.75mm) 69 No.10 (2.Omm) 54 No.30 (600pm) 35 No.40 (425Nm) 28 No.100 (150pm) 13 No.200 (75Nm) 8.8 .com 1 of 1 AINERICAN American Engineering Testing, Inc. St. Paul Albertville / ENGINEERING 550 Cleveland Ave N St. Paul, MN 55114 5548 Barthel Ind Dr, Ste 500 Albertville, MN 55301 TESTING, INC. (651) 659-9001 Toll Free: 972-6364 (763) 428-5573 (800) www.amengtest.com Report No: MAT:17-25036-S2 Material Test Report IssuoNo: 1 Client: NEW HOPE, CITY OF CC: This document shell not be reproduced, except in full, without written approval 10�11_' k4«, Pro ect: j New Hoe 2018 55th Avenue Im rovements p p from American Engineering Testing, Inc. 55th Avenue Date of Issue: 11/30/2017 New Hope, MN Reviewed By: Benjamin Pomroy, Job No: 28-01347 Engineering Technician II Sample. Detail Particle Size Distribution Sample ID 17-25036-S2 Field Sample ID B-02, 4.45'-5.5' Date Sampled 11/29/2017 Source Material Specification Sampling Method General Location 55th Avenue Location B-02 Date Submitted 11/29/2017 Other Test Results Description Method Result Limits Ash Content (%) ASTM D 2974 55.9 Organic Content (%) 44.1 Furnace Temperature (°C) 445 Moisture Content (%) 140.0 Moisture contents are proportioned by oven -dried mass Moisture Content Method (A or B) A Ash Content Method (C or D) C Chart icamm N/A Report of Geotechnical and Pavement Engineering Services 55th Avenue Improvements, New Hope, Minnesota AMERICAN December 4, 2017 ENGINEERING AET Report No. 28-01347 TESTING, INC. Appendix C Geotechnical Report Limitations and Guidelines for Use Appendix C Geotechnical Report Limitations and Guidelines for Use AET Report No. 28-01347 CA REFERENCE This appendix provides information to help you manage your risks relating to subsurface problems which are caused by construction delays, cost overruns, claims, and disputes. This information was developed and provided by ASFE', of which, we are a member firm. C.2 RISK MANAGEMENT INFORMATION C.2.1 Geotechnical Services are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engineer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solely for the client, No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one, not even you, should apply the report for any purpose or project except the one originally contemplated. C.2.2 Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. C.2.3 A Geotechnical Engineering Report is Based on A Unique Set of Project -Specific Factors Geotechnical engineers consider a number of unique, project -specific factors when establishing the scope of a study. Typically factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates otherwise, do not rely on a geotechnical engineering report that was: • not prepared for you, • not prepared for your project, • not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: • the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geotechnical engineer of project changes, even minor ones, and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed. C.2.4 Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineering report whose adequacy may have been affected by: the passage of time; by man-made events, such as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluctuations. Always contact the geotechnical engineer before applying the report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. l ASFE, 8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 301/565-2733: www.nsfe.ora Appendix C — Page 1 of 2 AMERICAN ENGINEERING TESTING, INC Appendix C Geotechnical Report Limitations and Guidelines for Use AET Report No. 28-01347 C.2.5 Most Geotechnical Findings Are Professional Opinions Site exploration identified subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ, sometimes significantly, from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. C.2.6 A Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engineers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report's recommendations if that engineer does not perform construction observation. C.2.7 A Geotechnical Engineering Report Is Subject to Misinterpretation Other design team members' misinterpretation of geotechnical engineering reports has resulted in costly problems. Lower that risk by having your geotechnical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review pertinent elements of the design team's plans and specifications. Contractors can also misinterpret a geotechnical engineering report. Reduce that risk by having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing construction observation. C.2.8 Do Not Redraw the Engineer's Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognizes that separating logs from the report can elevate risk. C.2.9 Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give contractors the complete geotechnical engineering report, but preface it with a clearly written letter of transmittal. In the letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure contractors have sufficient time to perform additional study. Only then might you be in a position to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. C.2.10 Read Responsibility Provisions Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disciplines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their report. Sometimes labeled "limitations" many of these provisions indicate where geotechnical engineers' responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. C.2.11 Geoenvironmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform a geoenvironmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenvironmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own geoenvironmental information, ask your geotechnical consultant for risk management guidance. Do not rely on an environmental report prepared for someone else. Appendix C — Page 2 of 2 AMERICAN ENGINEERING TESTING, INC Request for Action January 8, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.3 Agenda Title Resolution Accepting Feasibility Report on 2018 55th Ave N Street, Calling for a Public Hearing to Consider Ordering Project and Authorizing the Preparation of Plans and Specifications (Improvement Project No. 1010) Requested Action Staff is requesting that the Council receive a presentation by the city engineer regarding a proposed 2018 55th Ave N Street improvement project. Staff is also recommending that the Council approve a resolution that accepts the feasibility report and establishes a public hearing to consider ordering the 2018 55th Ave N Street improvements project No. 1010 at the February 12, 2018 council meeting, and authorizing the preparation of plans and specifications. If the project proceeds, a public hearing would be established to declare assessments after final project costs are determined. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city pavement management strategy has identified areas for maintenance and reconstruction activities in 2018. The city's complete streets policy is considered during maintenance and reconstruction improvement projects. Background 551h Ave N was originally scheduled for a 2" mill and overlay in 2019 per the 2016 Pavement Management Plan. As the adjacent Parkview Development is near completion and will receive the final pavement wearing course in 2018, it is recommended to complete the 55th Ave N rehabilitation one year earlier to bring the pavement surface back to a good condition. Completing these improvements earlier was also identified in the recently updated 2017 Pavement Management Plan. The improvements identified included reclaim and overlay for the first 350 feet west of Winnetka Ave and a 2" mill and overlay for the remainder of 551h Ave N to the west. These improvements are the result of a continued focus of a more aggressive pavement management strategy to improve the driving surface of more streets with overlays, while limiting the amount of water main and utility improvements. This pavement management philosophy will provide for more immediate street improvements, and will allow the utility funds to build for the future full reconstruction. The new overlay and reclamation will improve the quality of life, increase the aesthetic value, and increase the safety of the roadway. The proposed project schedule is: • Present feasibility report, authorize plans and specifications, and order public hearing on January 8, 2018 • Hold public hearing, approve plans and specifications, and authorize bids February 12, 2018 • Award contract bid March 26, 2018 • Start construction spring/summer 2018 I:\RFA\PUBWORKS\2018\Council\10102018 55th Ave Mill and Overlay\RFA 10102018 55th Ave Feasability Presentation —long rev.docx Funding In accordance with New Hope's Assessment Policy, the breakdown for estimated revenue sources for the project costs of the 2018 55th Ave N Street Improvement project is shown in the table below: Funding Source Source/ Improvement Street Fund Water Fund Sewer Fund Storm Sewer Fund Assessments* Total Street $126,994.40 $45,905.60 $172,900.00 Water Main $2,990.00 $2,990.00 Sanitary Sewer $0.00 $0.00 Storm Sewer $0.00 $0.00 Total $126,994.40 $2,990.00 $0.00 $0.00 $45,905.60 $175,890.00 *The City of New Hope Assessment is estimated at $12,471.81, which is included in the total assessment amount. Attachments • Resolution ■ Engineer's Memo • Feasibility Report City of New Hope Resolution No. 18-11 Resolution Accepting Feasibility Report on 2018 55th Ave N Street, Calling for a Public Hearing to Consider Ordering Project and Authorizing the Preparation of Plans and Specifications (Improvement Project No. 1010) WHEREAS, pursuant to a motion by the City Council, a feasibility report has been prepared by the city engineers, Stantec, with reference to the City's proposed Improvement Project no. 1010 (2018 55th Ave N Street Improvement Project), and said feasibility report is hereby presented to and received by the City Council on January 8, 2018; and WHEREAS, the feasibility report details street pavement improvements on 55th Ave N from Winnetka Ave N until 55th Ave N ends in the west as specifically set out in Figure 1 of the feasibility report; and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost- effective and feasible: whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended; and, WHEREAS, the city has placed the proposed project in its pavement management plan. The total estimated cost of the improvement is $175,890.00. Table 8 indicates all funding sources for the project including the proposed assessable amounts to benefitting properties; and, WHEREAS, the City Engineer has presented a proposal for the preparation of plans and specifications for the mill and overlay of 55th Ave N as specifically set out in Figure 1 of the feasibility report; and WHEREAS, the Council authorized the preparation of this feasibility report by motion at its November 27, 2017; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: That the City Council accepts and will consider construction of the 2018 55th Ave N Street Improvement Project No. 1010 in accordance with the feasibility report for the mill and overlay. Further, the City Council will consider the assessments to the benefitting properties for a portion of the cost of the improvement pursuant to Minn. Stat. Chapter 429. 2. That the City Council hereby orders a Public Hearing on February 12, 2018, for the proposed 2018 55th Ave N Street Improvement Project No. 1010 and the City Clerk shall provide mailed and published notice to owners of the benefitting properties of said hearing and improvement as required by law. 3. The City Council authorizes the preparation of plans and specifications for the 2018 55th Ave N Street Improvement Project No. 1010. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of January, 2018. Kathi He en, Mayor L Attest: Valerie Leone, City Clerk Stantec Consulting Services Inc. ta n ode , 2335 Highway 36 West, St. Paul MN 55113 January 2, 2018 Honorable Mayor and Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: 2018 55th Avenue North Street Improvements Client Project No. 1010 Stantec Project No. 193804114 Dear Mayor and Council Members: We are pleased to present our Feasibility Report for the 2018 55th Avenue North Street Improvements project. The location of the work includes 55th Avenue North between Winnetka Avenue North (CSAH 156) to the cul -de-sac located west of Zealand Avenue North. Per the 2016 Pavement Management Plan, this street was originally scheduled for a 2" Mill and Overlay in 2019. As the adjacent Parkview Development is near completion and will receive the final pavement wearing course in 2018, it is recommended to complete the 55th Avenue North rehabilitation one year earlier to bring the pavement surface back to a good condition. Completing these improvements earlier was also identified in the recently updated 2017 Pavement Management Plan. The improvements identified include Reclaim and Overlay for the first 350 feet west of Winnetka Avenue, and a 2" Mill and Overlay for the remainder of 55th Avenue North to the west. These improvements are the result of a continued focus of a more aggressive pavement management strategy to improve the driving surface of more streets with overlays, while limiting the amount of water main and utility improvements. This pavement management philosophy will provide for more immediate street improvements, and will allow the utility funds to build for future full reconstruction. The new overlay and reclamation will improve the quality of life, increase the aesthetic value, and increase the safety of the roadway. We recommend this report be presented and discussed at the January 8, 2018, Council meeting. Respectfully submitted, STANTEC CONSULTING SERVICES, INC. Christopher W. Long, P.E. 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. Christopher W. Long, .E. Date: January 2, 2018 Reg. No. 47106 Deslan w1th (."o trnuf)tly in n1find Request for Action November 27, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Public Works Director Agenda Section Development & Planning Item Number 8.4 Agenda Title Resolution authorizing the preparation of a feasibility report for construction of the 2018 55th Avenue Mill and Overlay (project no. 1010) Requested Action Staff recommends that Council authorize a resolution authorizing the city engineer, Stantec, to proceed in the preparation of a feasibility report for construction of the 2018 55thAvenue Mill and Overlay (improvement project no. 1010). Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city's pavement management plan identifies this street as requiring a mill and overlay in 2018. Background As identified in the 2017 Pavement Management Plan, street improvements mainly consisting of a mill and overlay are necessary for 551hAvenue North, located between Winnetka and Boone avenues. As seen in green on the attached map, there is a short section near Winnetka that will likely require a full reclamation due to the failing pavement conditions. In 2015, a new water main was installed along with water valve replacement. Any other minor utility repairs will be identified by this study and likely be repaired by public works staff. Conditions on 55th Avenue between Boone and Winnetka have been closely monitored by staff throughout the construction of the new Parkview development, and this year when the pavement rating index assessment was conducted by staff 551h Avenue was ranked in the "Poor" percentile. The feasibility report will identify the cost of mill and overlaying the majority of this street to extend the life of the current pavement. There is a short segment of street near Winnetka that is in worse condition that will likely need to be fully reclaimed and paved. This feasibility report will also identify all tax-exempt properties that will be affected by this work and provide an estimated assessment rate for these properties. These assessments will be one funding source for the project. Funding The preliminary cost estimate for the total project, including the cost to prepare the feasibility, other indirect costs and contingencies, is $164,700. Potential funding sources for this project include the street infrastructure funds and the assessments on the tax exempt properties located on 55tll Avenue. Attachments • Resolution City Engineer's Memorandum 2018 Street Infrastructure Projects Map l:\RFA\PU13WORKS\20l7\2017 Council\ 1010 55th Avenue Mill and Overlay\Authorize Feasiblity\ 1010 RFA Authorize Preparation of Feasibility.docx City of New Hope Resolution No. 17 — 135 Resolution authorizing the preparation of a feasibility report for construction of the 2018 5511, Avenue Mill and Overlay (project no. 1010) WHEREAS, Council authorizes the preparation of a feasibility report for the 2018 551h Avenue Mill and Overlay project (improvement project no. 1010); and, WHEREAS, Stantec will provide the feasibility study on behalf of the city; and, WHEREAS, the City intends to fund in part by assessments to tax exempt properties and city street infrastructure fund sources. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, that the City Council hereby authorize the preparation of the feasibility study and authorizes the mayor and city manager to sign. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of November, 2017. Attest: at City Clerk h lar-1 Mayor (S Stantec November 16, 2017 File: 193804114 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference: 2018 Street Improvements - 55th Avenue North - Authorize Preparation of Feasibility Report City Project No.: 1010 Dear Bernie, As identified in the City of New Hope 2017 Pavement Management Plan, street improvements including full depth reclamation, mill and overlay, and minimal utility improvements are scheduled for 55th Avenue North west of Winnetka Avenue North (see attached map). To be compliant with Chapter 429 requirements for infrastructure projects, we recommend a feasibility report be prepared to outline the proposed improvements and determine the project need and cost effectiveness. The preliminary cost estimate for the total project as shown on the attached map is estimated at $164,700 as shown below: Estimated Construction Cost $122,000 Estimated_ Indirect + Contingencies 135%) $42.700 Total Estimated Project Cost $164,700 The indirect costs include all costs for legal, administration, engineering, and contingencies. The cost to prepare the feasibility report is included within the costs shown above, and will be credited against the design fee upon the project moving forward into final design. It is recommended that Council authorizes the preparation of a feasibility report to be completed for these improvements. The report will break down the project into logical sections to allow for reduction in scope, if desired, at the time of deciding if the project should move forward into the design stage. Design with community in mind The report could be presented to the Council at the January 8th Council meeting. If decided to move forward with the project, plans could be prepared in January. The project could be scheduled to open bids in March, with construction to begin in the spring or summer of 2018. November 16, 2017 Mr. Bernie Weber Page 2 of 2 Reference: 2018 55th Avenue North Mill & Overlay Improvements - Authorize Preparation of Feasibility Report If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC W. Christopher W. Long, P.E. Attachments: 2017 Pavement Management Plan-2018 Street Infrastructure Projects Map Cc: Dave Lemke, Shawn Markham, Andrew Kramer, Megan Albert - New Hope; Adam Martinson, Ann Dienhart, Kellie Schlegel - Stantec. Design with community in mind Brooklyn Center Crystal Plymouth !IT�qXn Park A, A- 50THP L ?1 5: _ ..n 1111 ,HAVEN If q '111 A,, r,' liar- 77 T 14 k WEI quil U J i r 7".1. M-4 T.A DIL. TORN § L 9 N111HER1 DR I-— A T.Ltp T7 — 2" Mill & Overlay (MSA Streets) — 2" Mill & Overlay —Reclaim & Overlay 11, 2018 Street Infrastructure Projects New Hope, Minnesota 2017 Pavement Management Plan 0 15,000 30,000 F..! Stantec