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IP #945-dqy-s Request for Action Originating Department Approved for Agenda Agenda Section City Manager August 18, 2014 Work Session By: Bob Paschke, Dir. Pub. Works Item No. F11.7 Kirk McDonald, Ci Manager By: Kirk McDonald Update and discuss Winnetka avenue quiet zone Requested Action Staff requests to continue discussion on the potential creation of a quiet zone on Winnetka avenue and the CP Railroad. Since the last discussion, public works staff and the city engineer have met with Hennepin County representatives, and they have responded favorably with a cost share proposal. With the resurfacing of Winnetka on the county's CIP improvement list for 2015, staff feels this would be a good opportunity to move forward with the quiet zone project and is seeking council direction to proceed. Policy/Past Practice The city has been investigating the installation of a quiet zone on Winnetka since the proposed Prairie Ridge development in 2006/7, but the project was cost prohibitive. Recently in conjunction with the 2013 infrastructure project, a quiet zone has been installed at the Boone avenue crossing, and it will soon be operational. Background The improvement being considered is the creation of a quiet zone at the railroad crossing at Winnetka avenue. In May the City Council approved a resolution and sent correspondence to the Hennepin County Board of Commissioners requesting surface improvements to Winnetka avenue and consideration of assistance with the construction of a quiet zone. The chair of the board responded on June 5 that he would request county staff to discuss improvements with the city. Public Works staff and engineering met with the director of the transportation department/county engineer, Mr. Jim Grube on June 25 to discuss the possibility of a joint venture for a RR-QZ on Winnetka. Discussed were sharing costs as well as the city and county each being responsible for a portion. The county confirmed they would be resurfacing in 2015, and tentatively agreed to fund the street improvement costs for the quiet zone in the amount of $140,000; the city would be responsible for the circuitry upgrades ($250,000). See attached memo from the city engineer. The city's redevelopment consultant has confirmed the city could pay our share from TIF District revenues, and this cost was included in the July TIF District update presented to the Council. Based on this information, staff requests the Council direct staff to take the steps necessary to move forward with the Winnetka avenue quiet zone project, including continuing discussions with Hennepin County and having Ehlers proceed with TIF District calculations. Motion by Second by To: h UU 1:/RFA/CityManager/2014/Q-UpdateWinnetkaQuietZone 081814 Request for Action, page 2 August 18, 2014 Attachments City Engineer memos Ehlers correspondence Correspondence to/from Hennepin County Stantec Consulting Services Inc. 2335 Highway 36 West 5t. Pauf MN 55113 Tel: (651J 636-4600 Fax: f651) 636-1311 August 12, 2014 File: 193802737 Attention: Kirk McDonald City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Winnetka Avenue Quiet Zone Update Dear Kirk, As requested, this letter provides as an update to the Winnetka Avenue Quiet Zone progress. The previous update letter sent on April 21, 2014, is attached and shall be used as a reference to this letter, Meetina with Hennepin County Summary On June 25, 2014, Bob Paschke, Bernie Weber, and I met with Jim Grube, with Hennepin County, to discuss the potential quiet zone improvements on Winnetka Avenue. Following our discussion, we came to the following conclusions: • Hennepin County proposes to complete all associated street improvements (i.e., median, curb, patching, striping), and will be responsible for these costs (pending board approval) • Street widths nt the proposed median will not require widening, as proposed in the 2006 plans. Jim Grube was amenable to lessoning the current lane widths by 0.5', which allows for the installation of the 4' median required to complete the quiet zone improvements. o Asa result, most arms will not require relocation. o The attached 2006 plan sheet was noted to reflect this revision. • CP Rail CWT circuitry upgrades are still required Updated Anticipated Prolect Costs 1. CP Rail CWT circuitry upgrades (City of New Hope) $250,000 2. Winnetka Ave street improvements (Hennepin County) *S-1 4 000 $390,004 *The Hennepin County costs with the street improvements on Winnetka Avenue will likely be less than $140,000, as less curb removal and patching will be required than previously expected with the 2006 plan for lane widening. Design with community in min August 12, 2014 Mr. Kirk McDondd Page 2 of 2 Reference: Winnetka Avenue Quiet Zone Update Please let us know if you would like to move forward with completing the Quiet lone at Winnetka Avcnuc. If you have any questions or require further information please call me at (65;)604-4808. Regards, S7ANTEC CONSULTING SERVICES INC. r Christopher W. Long, P.E. Attachments: Winnetka Avenue Quiet Zone Plan (2006)_Lane Revisions; Winnetka Avenue Quiet Zone Improvements Letter dated April 21, 2014 c. Bob Paschko, Bernie Weber, Jeff Sargent - New Hope Adam Martinson, Jeremy Hauser -Stantec Design with community in mind Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651] 636-1311 April 21, 2014 File: 193802737 Attention: Bots ?ascihhke City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: Winnetka Avenue Quiet Zone Improvements Dear Bob, As requested, we have reviewed the process for creating a railroad Quiet Zone at Canadian Pacific Rail's Winnetka Avenue (CSAH 156) crossing. As you may already be aware, the City investigated this issue in 2006-2007. Preliminary meetings were held with the Federal Railroad Administration (FRA), Canadian Pacific (CP) Rail, Minnesota Department of Transportation- Rail Administration, and Hennepin County. We prepared construction plans and approvals of these plans were received from Hennepin County. However, the project was not constructed due to cost concerns and budget constraints. We have reviewed the 2006-2007 project files and consulted with FRA, CP Rail, Mn/DOT, and Hennepin County in order to outline the process, specific project issues, the timeframe required, and the potential costs involved for creating a Quiet Zone at the Winnetka Avenue crossing. General Quiet Zone Process 1. Schedule a Diagnostic Team Review with representatives from FRA, Mn/DOT, CP Rail, and Hennepin County. 2. Gather pertinent data (traffic volume, train volume, physical characteristics, etc.) and update the US DOT Crossing Inventory to reflect current crossing conditions. 3. Submit a Notice of intent to create a Quiet Zone to FRA, Mn/DOT, CP Rail, and Hennepin County. a. There is a 60 day comment period required prior to construction occurring. 4. Construct the necessary Supplemental Safety Measure (SSM) improvements (medians, etc) and have them reviewed by FRA. 5. Update the US DOT Crossing inventory to reflect the SSM improvements, Design with community in mind April 21, 2014 Mr. Bob Paschke Page 2 of 4 Reference: Winnetka Avenue Quiet Zone Improvements 6. Submit a Notice of Quiet Zone Establishment to FRA, Mn/DOT, CP Rail, and Hennepin County. a. This notice must be submitted at least 21 days before the Quiet Zone is implemented. Proiect Specific issues 1. In order to create a Quiet Zone, the railroad crossing must be equipped with Constant Warning Time (CWT) circuitry. CP Rail's Winnetka crossing does not have this circuitry and CP Rail cines rwi arriicipate installing it in the near future. Any upgrades at this time would have to be paid for by the City. 2. Hennepin County is still agreeable to the creafion of a quiet zone at the Winnetka crossing. They have indicated that minor revisions from the previously approved plan would be needed. These changes are signing and striping items that are required in order to meet their new standards. The City would also need to apply for a Right -of -Way permit when constructing the improvements. 3. Hennepin County will require full lane widths be maintained on Winnetka Avenue. This requirement results in the need to widen the existing street to accommodate a new concrete center median. a. The widening of the street will result in substandard clearance distances for the mast arm poles at the crossing. Therefore, the mast arm poles will need to be relocated. 4. Hennepin County will require removal of the north driveway of the parking lot at 5 1 3G Winnetka Avenue. Representatives from Hostess were agreeable to this in 2006-2007. If the City wishes to pursue the quiet zone improvements, fhi- current owner will need to be contacted. Anticipated Proiect Timing 1. CP Rail would need to complete their circuitry improvements and most arm relocations prior to the street improvements. It is unclear at this point if CP Rail could complete a design and construct the necessary improvements in 2014. It is likely that these improvements would not be constructed until 2015. Design with carnmunfly in mind G", April 21, 2014 Mr, Bob Paschke Page 3 of 4 Reference: Winnetka Avenue Quiet Zone Improvements 2. Timing of the Quiet Zone process components as listed above: a. Diagnostic Team Review - 15 to 30 days to schedule. b. Update US DOT Crossing Inventory- existing conditions I. Data collection and Inventory updates -5 days ii. State processing time -30 days c. Submit Notice of Intent to create a quiet zone - 5 days i. Comment period - 60 days d. Construct SSM Improvements - 90 days ray.. Update US DOT Crossing Inventory -SSM improvements i. Inventory updates - 1 day ii. State processing lune -30 clays f. Submit Notice of Quiet Zone Establishment - 21 days g. Total timeframe -approx. 9 months Anticipated Project Costs The following costs are based on preliminary estimates provided by CP Rail and the 2006-2007 design plans with 2013 construction costs. 1. CP Rail CWT circuitry upgrades: $250.000 2, CP Rail mast arm relocations: $ 50,000 3. Winnetka Ave street improvements: $140,000 $440,000 Boone Avenue_ Quiet, Zone Comparison As part of the 2013 Infrastructure Improvements project, which will be completed in August of 2014, improvements will be finalized to establish a Quiet Zone at the Boone Avenue railroad crossing. These improvements generally consisted of adding a concrete median with barrier curb, as well as adding the appropriate striping and signing. The total consfruction cost for this work is estimated at approximately $22,000. When comparing the Winnetka Avenue crossing with the Boone Avenue crossing, the following items are the primary reason there are significant additional costs to complete the Quiet Zone improvements at Winnetka Avenue: 1. Boone Avenue had updated Constant Warning Time circultryin place. The Winnetka crossing does not currently have this circuitry, and CP Rail does not plan on updating this in the near future. All costs will be paid by the City. 2. Hennepin County requires full lane widths on Winnetka, which will require the relocation of the mast arms. No most arms required removal on Boone Avenue. Design with community in mind April 21, 2014 Mr. Bob Paschke Page 4 of 4 Reference: Winnetka Avenue Quiet Zone Improvements 3. The street improvement costs are much greater on Winnetka Avenue than Boone Avenue, because there are no street improvements being completed on Winnetka in concurrence with the Quiet Zone improvements. Winnetka Avenue is owned by Hennepin County and there are currently no plans for improving the roadway in the near future. The Boone Avenue street improvements did not include these extra street improvement costs as these were already within the general overall project scope to complete. Please let us know if you would like to move forward with completing the Quiet Zone at Winnetka Avenue. If you have any auestions orreauire further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. r Christopher W. Long, P.E. Attachments: Winnetka Avenue Railroad Quiet Zone Plans (2006) c. Shawn Markham - New Hope Adam Martinson, Rohini Ray, Jeremy Hauser - Stantec Design with community in mind F/F = FACE TO FACE OF C RP �,�� `•, � 5201 5177 1� REDUCED 2006 PROPOSED IDT TOAL TO z a MATCH EXISTING 52' F/F WIDTH. REDUCED 0.5' EACH. ` LANE TO ALLOW FOR 4' WIDE MEDIAN. rn PROPOSED MEDIAN WIDTH = T F/F Z'' INSTALL SIGN `' i,r ♦♦ +\��,`. Wm o (SEYC E DETAIL) or h _ -- -- --- -- ; ; z; --r - - - .. -- --- -- r r r , 1=/F (EX. WID IT ---- -- 11. 5, - -- --- p� 12.5' I — !�� ♦% I — �— — r� r w ----- -- ------ -- — -- /� i // ® / 9 hill rte-- -- -� ------ - ----- - - ----- -- g, 54' F/FINSTALL +, a (2006 PROPOSED WIDTH) (SEE DETAIL) 6 MAST ARM RELOCATIONS PA4EMENT A1gKKINC LEOENO NOT REQUIRED ej ♦ � BOOLF 4' r ♦ p BROKEN LINE, WHITE EPDXY r Ir. se• 1•.>.• ,1•,"• f / % Ar ul IJI ni ® 4OOS 4" SOLID LINE, YELLOW EPDXY 5130 ♦' / 49 O r , NOT N ® 44LF 24" STOP LINE, WHITE EPDXY r m Q N ' � p r � Ir11�u1JIJJa�..wlglwJnw.�mimml � w I - "NO TRAIN HORN" SIGNS WILL BE INSTALLED UNDER EXISTING RR CROSSING SIGNS PER MUTCD STANDARDS BY OTHERS. 2. THE GAP BETWEEN THE TIP OF THE GATE AND THE MEDIAN MUST BE LESS THAN ONE HORIZONTAL FOOT. NOTIFY ENGINEER IF THIS REQUIREMENT IS NOT SATISFIED. 3. REFRESH. RR CROSSING PAVEMENT MARKINGS APPROX. 300 FEET SOUTH AND 550 FEET NORTH OF THE TRACKS. (4 EA) 4. REFRESH CROSSWALK ON WINNETKA AVENUE AT ANGELINE DRIVE. (144 SF) SJi m hN 1Ne�I PwliA a 11 n igo �� ?3Anus+ ri• p lrwnc JyliJryuP Ld a ?� JM[Jnwb Yp areJ w Rq 7 = z Z GENERAL RR X-ING PAVEMENT MARKING. CONFIGURATION- Z =..�. ONE SYMBOL PER Z LANE x 4 LANES. (WHITE EPDXY) RR 3T4H0 GR M N fla +4a GFPTxE6 7FAN�PW1�4iltrl p� amlwp� lrlq "µJ(AfIW illl M-� � _- McDon-ild, To: Stacie Kvilvang; Sargent .teff Cc: Jason Aarsvold Subject: RE: QZ Meeting Yes, please proceed with the calculations. Thanks. Kirk From: Stacie Kvilvang [malito:skvilvang@ehlers-Inc.comI Sent: Monday, June 30, 2014 10:17 AM To: Sargent Jeff Cc: McDonald Kirk; Jason Aarsvold Subject: RE: QZ Meeting No written opinion needed. As I told Curtis, the amount that can be used for the QZ is only 10% of TIF funds from a giving district (we should discuss which districts would be giving districts). This is because the QZ is not located in or adjacent to an existing TIF district (not touching the boundary) and the fact that the use is not redevelopment in nature. In redevelopment, 90% of the TIF has to be used to remove the factors that caused the district to be certified (i.e. removal of blight, a��d therefore the 10% limitation. This 10% will also count against your pooling authority outside (up to 25%, inclusive of 10% admin) of the TIF boundaries (except if we use TIF from your pre -1990 TIF districts, you really have unlimited pooling, but are still limited to the .10% from these districts). We can do the calculations for you to determine what districts you can pool from and how much you get towards the $250,000. Let me know. Stacie Kvilvang Financial Advisor/Executive Vice President 651-697-8506 Direct 651-697-8555 Fax www.ehiers-inc.com ..EHLERS t t AMS IN PUPUr ?INANCF. Read Ehlers' bi-weekly market commentary and summary of regional bond sales at From: Sargent Jeff rmailto:isaroentC@ci.new-hopt.mn.us Sent: Friday, June 27, 2014 3:15 PM To: Stade Kvilvang Cc: McDonald Kirk Subject: FW: QZ Meeting Stacie, The City has been looking into the feasibility of adding a quiet zone on Winnetka Avenue. The question that Kirk had was whether TIF funds could be used to pay for a portion or all of the City's cost responsibilities for the project (approx. $250k). Kirk indicated that Bob Deike at one time indicated that this would be possible. In order for us to pursue this option with the City Council, Kirk would like a written opinion on the matter from Bob. Could you please coordinate with Bob to see if we could get something in writing stating that TIF funds (and which ones) can be used to pay for the quiet zone improvements? Thanks. Jeff Sargent Director of Community Development (763) 531-5196 From: McDonald Kirk Sent: Friday, June 27, 2014 2:41 PM To: 'Long, Chris' Cc: Paschke Bob; Sargent Jeff Subject: RE: QZ Meeting Sounds good, thanks From: Long, Chris Finailto:Chris.Long@stantec.com] Sent: Friday, June 27, 2014 2:36 PM To: McDonald Kirk Cc: Paschke Bob; Sargent Jeff Subject: RE: QZ Meeting Kirk, As discussed, we'll put together a short memo and sketch of what we discussed with the County. And just a few short clarifications until then... • Reducing the lane widths will not take away the state aid status, just that the plans will be not be prepared as state aid plans • County will be paying for all road improvements, which may just include the 4' median and ped ramps for the sidewalk • City cost should only be for the Constant Warning Time (CWT) improvements -- $250k From: McDonald Kirk [mal Ito: kmcdonald ci. new-hopg.mn.us] Sent: Friday, June 27, 2014 2:21 PM To: Long, Chris Cc: Paschke Bob; Sargent Jeff Subject: QZ Meeting Chris: Bob gave me a brief update on the QZ meeting held with Hennepin County, something about reducing lanes to 10.5 feet and making it a non -state aid road, with the county possibly paying for street/sidewalk work and the city paying for the electronic arms portion?? Said overall it would reduce the cost of the project and it potentially could be accomplished in 2015 along with the new overlay? When time could you please summarize the meeting in a short memo to me, something that I could share with the council in a weekly update, I will then probably want to discuss with them at the August work session, We are also working with Ehlers to get a written confirmation that the city may be able to cover some of our costs with Centra Homes TIF District funds. Thanks. Kirk MIKE OPAT CHAIR 612-348-7881 FAX -348-8701 mike.opat&o.hennepin.mm us BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 55487-0240 June 5, 2014 Mayor Kathi Hemken Kirk McDonald, City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Mayor Hemken and Mr. McDonald: Thank you for your May 19 letter regarding Winnetka Avenue. I appreciate the City's concerns regarding the driving condition and general safety of the road between Rockford Road and Bass take Road. I drive it often and agree that that particular stretch is deserving of some attention. You are correct that it is not currently included on Hennepin County's 2014 resurfacing or overlay list. It is, however, on the preliminary improvement list for 2015. With that in mind, I will advocate among the County Board and Hennepin Transportation staff that work commence sooner than that. I am optimistic that some type of maintenance on Winnetka can be fulfilled yet in 2014. Regarding the Canadian Pacific (CP) Rail crossing, we have worked with other cities in the past to cultivate spacing for quiet crossings of County roads. However, in most all of those cases, Hennepin County has not paid for any of the improvements. While nothing has b% -,on ruled out, I think It Is important to mention this fact. it is my understanding that County transportation staff have been working closely with your engineers on the scope and plan for improvements at the crossing. I will follow up with our staff and plan to continue this conversation. Thanks again for your letter and for the resolution, which I will communicate to my colleagues on the Board along with this response. Please do not hesitate to call me should you want to discuss any of this further. Since Mike 0'Pal.WiFair HennepifTCounty Board of Commissioners C: James Grube, Hennepin County Engineer Debra Brisk, Hennepin County Public Works Assistant Administrator May 15, 2014 r Mike Opat, Chair Hennepin County Board of Commissioners A-2400 Government Center 300 South Oh Street Minneapolis MN 55487 Subject: Improvements to Winnetka Avenue (CR #156) in New Hope Dear Chair Opal: The New Hope City Council and staff are concerned about the existing surface quality of Winnetka Avenue between Rockford Road and Bass Lake Road, which is under the jurisdiction of Hennepin County. The city feels the road is in unsatisfactory driving condition and creates a public safety issue. The city receives many complaints about the condition of the road. The city was of the understanding the road was originally scheduled for an overlay project in 2014, but it is not included in the current Hennepin County road improvement list, nor is it listed in the preliminary schedule of 2015 road improvements. The city is requesting the county schedule maintenance activities for the road in 2014, and include it in the 2015 OF Iist for resurfacing and overlay improvements. The city is also desirous of potentially constructing quiet zone improvements on Winnetka Avenue at the Canadian Pacific (CP) Rail's Winnetka Avenue crossing. Hennepin County staff are agreeable to coordinating with the city on the project. Per the attached engineer's estimate, the total cost of the improvements to complete the CP Rail circuitry upgrades, most arm relocations, and the Winnetka Avenue street improvements is $440,000. Due to the fact that Winnetka Avenue is a Hennepin County road and the quiet zone improvements will greatly improve public safety for vehicles and pedestrians utilizing the road, as well as improving the quality of life for the residents living nearby, the city is requesting consideration from the county to assist with the cost of the quiet zone improvements. The City Council recently approved the attached resolution regarding these issues to formally request assistance, and we would request the resolution and this correspondence be distributed to the other commissioners. Your priorities indicate that building public infrastructure for county residents and smart public works projects, especially roads within the county's inner -ring suburbs are important. The city has appreciated your assistance in the past, and respectfully ask that you and the other commissioners give this request strong consideration. Sincerely, 1;�_ 1 4j�_ Kathi Hemken Mayor City of New Hope Cc:: City Council Attachments — Council resolution City Engineer correspondence Map Kirk McDonald City Manager City of New Hope CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mmus 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 .. Request for Action Originating Department Approved for Agenda Agenda Section City Manager September 15, 2014 Work Session By: Kirk McDonald By: Kirk McDonald Item No. 11.3 Discuss Winnetka Avenue quiet zone TIF financing options (project 945) Requested Action Staff requests to have a brief discussion regarding financing options for the Winnetka avenue quiet zone. Representatives from Ehlers will be in attendance and review the availability of TIF funds for this project with the Council. Policy/Past Practice The city has been investigating the installation of a quiet zone on Winnetka since the proposed Prairie Ridge development in 2006/7, but the project was cost prohibitive. Over the past several months the city has had discussions with Hennepin County regarding 2015 improvements to Winnetka avenue including a quiet zone, and the project may now be feasible. Recently in conjunction with the 2013 infrastructure project, a quiet zone has been installed at the Boone avenue crossing, and it will soon be operational. Background The improvement being considered is the creation of a quiet zone at the railroad crossing at Winnetka avenue. In May the City Council approved a resolution and sent correspondence to the Hennepin County Board of Commissioners requesting surface improvements to Winnetka avenue and consideration of assistance with the construction of a quiet zone. The chair of the board responded on June 5 that he would request county staff to discuss improvements with the city. Public Works staff and engineering met with the director of the transportation department/county engineer, Mr. Jim Grube on June 25 to discuss the possibility of a joint venture for a RR-QZ on Winnetka. Discussed were sharing costs as well as the city and county each being responsible for a portion. The county confirmed they would be resurfacing in 2015, and tentatively agreed to fund the street improvement costs for the quiet zone in the amount of $140,000; the city would be responsible for the circuitry upgrades ($250,000). See attached memo from the city engineer. The city's redevelopment consultant has confirmed the city could pay our share from TIF District revenues, and this cost was included in the July TIF District update presented to the Council. The council discussed this matter at the August 18 work session and directed staff to take the steps necessary to move forward with the Winnetka avenue quiet zone project, including continuing discussions with Hennepin County and having Ehlers proceed with TIF District calculations. Motion by Second by To: // 1V7 1:/KFA/ :ityManager/2014/Q-Dis=sWinnetkaQuietZmelnF 091514 Request for Action, page 2 September 15, 2014 Ehlers has completed TIF district calculations per the attached information, and will be present to review the information with the Council. Also, public works has been in communication with the county engineer subsequent to the August 18 work session, and informed him the City C'n,rnA wants to move forward with the improvement. Attachments Ehlers memo City Engineer memos Correspondence to/from Hennepin County Memo To: Kirk McDonald — City Manager From: Stacie Kvilvang & Jason Aarsvold - Ehlers Date: September 15, 2014 Subject: Financing City Portion of Quiet Zone -a Quiet zone improvements are going to be made on Winnetka Avenue between 51st and 54th Avenues within the City and the City's cost to install the circuitry portion of the project is $250,000. You had requested a review of existing, Pre -1990 TIF district funds to see if they would be available to pay for the City's portion and if not, what funding source could be utilized. The City has three (3) pre -1990 TIF districts that are redevelopment districts and have some funding available for redevelopment purposes. The quiet zone improvements cannot be characterized as redevelopment costs/improvements and therefore, under MN Statutes 469.176 subd 4j, the City would be limited to utilizing only ten percent (10%) of TIF generated in these districts for this use. The ten percent (10%) available is inclusive of any administrative costs that have been expended to date within the districts (i.e. if 5% has been spent on administration, then there is only 5% available for other costs). Based upon review of your existing pre -1990 districts, only TIF District 85-2 has not utilized the full 10% for administrative purposes and would have approximately $175,000 for use on the quiet zone expenses. Since the EDA has on-going administrative costs for the existing TIF Districts (annual TIF reports, staff time and other development work) that can be paid for from this district, we would recommend that the $250,000 in quiet zone costs be funded from the EDA Development Fund and not TIF District 85-2. In addition, the EDA funds are less restrictive and won't have the complications associated with the TIF 10% limitations and audit issues that may arise. Please contact either of us at 651-697-8500 with any questions. EHLERS LEADERS IN PUBLIC FINANCE www_ ehlers-inc.com Minnesota phone 651-697-8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122 ° 800-552-1171 Stantec Consulting Services inc. 2335 Highway 36 West St. Paul MN 55113 Tel: 1651) 636-4600 Fax:1651) 636-1311 August 12, 2014 File: 193802737 Attention: Kirk McDonald City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Winnetka Avenue Quiet Zone Update Dear Kirk, As requested, this letter provides as an update to the Winnetka Avenue Quiet Zone progress. The previous update letter sent on April 21, 2014, Is attached and shall be used as a reference to this letter. Meeting with Hennepin County SummM On June 25, 2014, Bob Paschke, Bernle Weber, and I met with Jim Grube, with Hennepin County, to discuss the potential quiet zone improvements on Winnetka Avenue. Following our discussion, we came to the following conclusions: • Hennepin County proposes to complete all associated street improvements (i.e., median, curb, patching, striping), and will be responsible for these costs (pending board approval) • Street widths of the proposed median will not require widening, as proposed in the 2006 plans. Jim Grube was amenable to lessoning the current lane widths by 0.5', which allows for the installation of the 4' median required to complete the quiet zone improvements. o As a result, mast arms will not require relocation, o The attached 2006 plan sheet was noted to reflect this revision. • CP Rail CWT circuitry upgrades are still required Updoed AntickWedt 1. CP Rail CWT circuitry upgrades (City of New Hope) $250,000 2. Winnetka Ave street improvements (Hennepin County) "`$140,000 $390,000 *The Hennepin County costs with the street improvements on Winnettca Avenue will likely be less than $140,000, as less curb removal and patching will be required than previously expected with the 2006 plan for lane widening. D4slpr with cummuniy in mind August 12, 2014 Mr. Kirk McDonald Page 2 of 2 Reference: WInnetka Avenue Quiet Zone Update Please let us know if you would like to move forward with completing the Quiet Zone at Winnetka Avenue. If you have any questions or require further Information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. a4vo(K' Christopher W. Long, P. E. Attachments: Winnetka Avenue Quiet Zone Plan (2006)_Lane Revisions; Winnetka Avenue Quiet Zone Improvements Letter dated April 21, 2014 c. Bob Paschke, Bernie Weber, Jeff Sargent - New Hope Adam Martinson, Jeremy Houser -Stontec Design with corrrr_q�.i1 y in mind Stantec Gonsulfln+g Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 Tel: 1651) 636-4600 Fax [651) 636-1311 April 21, 2014 File: 193802737 Attention: Bob Poschke City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: WYinnetka Avenue Quiet Zone Improvements Dear gob, As requested, we have reviewed the process for creating a railroad Quiet Zone at Canadian Pacific Rail's Winnetko Avenue (CSAH 156) crossing. As you may already be aware, the City investigated this issue in 2006-2007. Preliminary meetings were held with the Federal Railroad Administration (FRA), Canadian Pacific (CP) Rail, Minnesota bepartment of Transportation - Rail Administration, and Hennepin County. We prepared construction plans and approvals of these plans were received from Hennepin County. However, the project was not constructed due to cost concerns and budget constraints. We have reviewed the 2006-2D07 project ides and consulted with FRA, CP Rail, Mn/DOT and Hennepin County in order to outline the process, specific project issues, the timeframe required, and the potential costs involved for creating a Quiet Zone at the Winnetka Avenue crossing. General Quiet Zone Process 1. Schedule a Diagnostic Team Review with representatives from FRA. Mn/DOT, CP Roll, and Hennepin County. 2. Gather pertinent data (traffic volume, train volume, physical characteristics, etc.) and update the US DOT Crossing Inventory to reflect current crossing conditions. 3. Submit a Notice of Intent to create a Quiet Zone to FRA, Mn/DOT, CP Rail, and Hennepin County. a. There is a 60 day comment period required prior to construction occurring. 4. Construct the necessary Supplemental Safety Measure (SSM) improvements {melons, etc) and have them reviewed by FRA. 5. Update the US DOT Crossing Inventory to reflect the SSM improvements. DeAgn mjflh co,rn:unI1y io rrhd April 21, 2014 Mr. Bob Paschke Page 2 of 4 Reference, Winnetka Avenue Quiet Ione Improvements 6. Submit a Notice of Quiet Zone Establishment to FRA, Mn/DOT, CP Rail, and Hennepin County. a. This notice must be submitted at least 21 days before the Quiet Zone is implemented. Project Specific Issues 1. In order to create a Quiet Zone, the railroad crossing must be equipped with Constant Warning Time (CWT) circuitry. CP Rail's Winnetka crossing does not have this circuitry and CP Roil does no anticipate installing it in the near future. Any upgrades at this time would have to be paid for by the City. 2. Hennepin County is still agreeable to the creation of a quiet zone at the Winnetka crossing. They have indicated that minor revisions from the previously approved plan would be needed. These changes are signing and striping items that are required in order to meet their new standards. The City would also need to apply for a Right -of -Way permit when constructing the improvements. 3. Hennepin County will require full Ione widths be maintained on Winnetka Avenue. This requirement results in the need to widen the existing street to accommodate a new concrete center median. a. The widening of the street will result in substandard clearance distances for the mast arm poles at the crossing. Therefore, the most arm poles will need to be relocated. 4. Hennepin County will require removal of the north driveway of the parking lot at 5130 Winnetka Avenue. Representatives from Hostess were agreeable to this in 2006-2007. If the City wishes to pursue the quiet zone improvements, the current owner will need to be contacted. Anticipated IProlee Tminss 1. CP Rail would need to complete their circuitry improvements and mast arm relocations prior to the street improvements. It is unclear at this point if CR Rail could complete a design and construct the necessary improvements in 2014. It is likely that these improvements would not be constructed until 2015. Design kdilt1 comm -ft it - April 21, 2014 Mr. Bob Paschke Page 3 of 4 Reference: Winnetka Avenue Quiet Zone improvements 2. Timing of the Quiet Zone process components as listed above: a. Diagnostic Team Review - 15 to 30 days to schedule. b. update US DOT Crossing Inventory - existing conditions L Data collection and Inventory updates - 5 days fl. State processing time - 30 days c. Submit Notice of Intent to create a quiet zone - 5 days L Comment period -- 60 days d. Construct SSM Improvements - 90 days e. Update US DOT Crossing inventory -SSM Improvements i. Inventory updates -1 day ff. State processing lime -30 days f. Submit Notice of Quiet Zone Establishment - 21 days g. Total timeframe - approx. 9 months Anfic12at4td EMect Costs The following costs are based on preliminary estimates provided by CP Rail and the 2006-2007 design plans with 2013 construction costs. 1. CP Rail CWT circuitry upgrades: $250,000 2. CP Rail most arm relocations: $ 50,D00 3. Winnetka Ave street improvements: S 40MO $44 IWD Boone Avenue Quiet Zone Comparison As part of the 2013 Infrastructure Improvements project, which will be completed in August of 2014, improvements will be finalized to establish a Quiet Zone at the Boone Avenue railroad crossing. These improvements generally consisted of adding a concrete median with barrier curb, as well as adding the appropriate striping and signing. The total construction cost for this work is estimated at approximately $22,000. When comparing the Winnetka Avenue crossing with the Boone Avenue crossing, the following items are the primary reason there are significant additional costs to complete the Quiet Zone improvements at Winnetka Avenue: 1. Boone Avenue had updated Constant Warning Time circuitry in place. The Winnetka crossing does not currently have this circuitry, and CP Rail does not plan on updating this in the near future. All costs will be paid by the City. 2. Hennepin County requires full lane widths on Winnetka, which will require the relocation of the mast arms. No most arms required removal on Boone Avenue. C-asign m h ccromunhy in m1nd April 21, 2014 Mr. Bob Paschke Page 4 of 4 Reference: Winnetka Avenue Quiet Zone Improvements 3. The street improvement costs are much greater on Winnetka Avenue than Boone Avenue, because there are no street improvements being completed on Winnetka in concurrence with the Quiet Zone improvements. Winnetka Avenue is owned by Hennepin County and there are currently no plans for improving the roadway in the near future. The Boone Avenue street improvements did not include these extra street improvement costs as these were already within the general overall project scope to complete. Please let us know if you would like to move forward with completing the Quiet Zone at Winnetka Avenue. If you have any questions or require further information please call me at f651)604-4808, Regards, STANTEC CONSULTING SERVICES INC. / r J ♦ A� ; Christopher W. Long, P.E. Attachments: Winnetka Avenue Railroad Quiet Zone Plans (2006) c. Shawn Markham - New Hope Adam Martinson, Rohini Ray, Jeremy Hauser - Stantec Design wish cornmu-T- in mhd F/F = FACE TO FACE OF C RB z a y PROPOSED MEDIAN WIDTH - 4' FIF f Z Co INSTALL SIGN—"1 1 r IV (SEE DETAIL) OD 13)-/- v2 F/F (EX. WIDTH) t ID i r f REOUC6 2006 PROPOSED4D�MNXCTO� MATCH EXISTING 52' F/F WIDTH. REDUCED 0.5' EACH LANE TO ALLOW FOR 4' WIDE MEDIAN. 12.5'—,J1 PL 1� _ ,12.5' Z, f �� ♦/ �ta�i _r��_ra 5701 �\` \ 54 FIF IN INSTALL (2006 PROPOSED WIDTH) (SEE DETAIL) PAMDAENt MARKIMC LEMW r ,�f MAST ARMELOGATIONS F7819 O ROW 4" MOM UNE f � NOT REQUIREDED WFIIiE EPW + i ® ttlulF 4' SOIJ� � 1fELLD1IM FPdI(Y 13:1 ♦ fr q /� � r Y� wY. (M 4+1F x* STOP IIIQE 11Rp7E Saar f +% II "NO TPAN HORN" SIGNS WILL BE INSTALLED UNDER EXISTING RR CROSSING SIGNS PER MUTCD STANDARDS _ 6Y OTHERS. 2. THE GAP BETWEEN THE TIP OF THF- GATE AND THE MEDIAN MUSr BE LESS THAN ONE HORIZONTAL FORT_ NOTIFY ENGINEER IF THS REQUIREMENT IS NOT SATISFIED, 3. REFRESH. RR CROSSING PAVEMENT MARKINGS APPROX. 300 4. FM SOUTH AND REFRESH CR SsWALX ON NNEIRA AVENUE 50 FEET NORTH OF THE ATANGEU E) DRIVE. (144 SF) 134-7 &Y OHM (24x30) W10-1 {Existing} Ut�+11— I '-""� (18x18) W10-8 101E Prey do MW (30"X9") ddkumd n fw 44 -7 - tam ebw on r0l. e+w 1410 .r ■t.7 7sa re. N° a Y• rin wo 4isam rd Nw tilR1' r1 i a AV GENERAL w t _b RR X—INC PAVEMENT MARKING CONFIGURATION. ONE SYMBOL PER a LANE x 4 LANES. (WHITE ma" RR awm. MIKE OPAT CHAIR 612-348-7881 FAX -348-8701 mike.opat0co.hennepin.mn.us BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 55487-0240 .lune 5, 2014 Mayor Kath! Hemken Kirk McDonald, City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Mayor Nemken -and Mr. McDonald: Thank you for your May 19 letter regarding Winnetka Avenue. I appreciate the City's concerns regarding the driving condition and general safety of the road between Rockford Road and Bass Lake Road. I drive it often and agree that that particular stretch is deserving of some attention. You are correct that it is not currently included on Hennepin County's 2014 resurfacing or overlay list. It is, however, on the preliminary improvement list for 2015. With that in mind, I will advocate among the County Board and Hennepin Transportation staff that work commence sooner than that. I am optimistic that some type of maintenance on Winnetka can be fulfilled yet in 2014. Regarding the Canadian Pacific (CP) Rail crossing, we have worked with other cities in the past to cultivate spacing for quiet crossings of County roads. However, in most all of those cases, Hennepin County has not paid for any of the improvements. While nothing has been ruled out, I think it is important to mention this fact. It is my understanding that County transportation staff have been working closely with your engineers on the scope and plan for improvements at the crossing. I will follow up with our staff and plan to continue this conversaiion. Thanks again for your letter and for the resolution, which I will communicate to my colleagues on the Board along with this response. Please do not hesitate to call me should you want to discuss any of this further Mike Board of Commissioners C: James Grube, Hennepin County Engineer Debra Brisk, Hennepin County Public Works Assistant Administrator Ta PRINTED ON RECYCLED PAPER May 15, 2014` �P Mike Opat, Chair Hennepin County Board of Commissioners A-2400 Government Center 300 South 6& Street Minneapolis MN 55487 Subject: Improvements to Winnetka Avenue (CR 9156) in New Hope Dear Chair Opat: The New .Hope City Council and staff are concerned about the existing surface quality of Winnetka Avenue between Rockford Road and Bass Lake Road, which is under the jurisdiction of Hennepin County. The city feels the road is in unsatisfactory driving condition and creates a public safety issue. The city receives many complaints about the condition of the road. The city was of the understanding the road was originally scheduled for an overlay project in 2014, but it is not included in the current Hennepin County road improvement list, nor is it listed in the preliminary schedule of 2015 road improvements. The city is requesting the county schedule maintenance activities for the road in 2014, and include it in the 2015 CIP list for resurfacing and overlay improvements. The city is also desirous of potentially constructing quiet zone improvements on Winnetka Avenue at the Canadian Pacific (CP) Rail's Winnetka Avenue crossing. Hennepin County staff are agreeable to coordinating with the city on the project. Per the attached engineer's estimate, the total cost of the improvements to complete the CP Rail circuitry upgrades, most arm relocations, and the Winnetka Avenue street improvements is $440,000. Due to the fact that Winnetka Avenue is a Hennepin County road and the quiet zone improvements will greatly improve public safety for vehicles and pedestrians utilizing the road, as well as improving the quality of life for the residents living nearby, the city is requesting consideration from the county to assist with the cost of the quiet zone improvements. The City Council recently approved the attached resolution regarding these issues to formally request assistance, and we would request the resolution and this correspondence be distributed to the other commissioners. Your priorities indicate that building public infrastructure for county residents and smart public works projects, especially roads within the county's inner -ring suburbs are important. The city has appreciated your assistance .in the past; and respectfully ask that you and the other commissioners give this request strong consideration. Sincerely, Kathi Hemken Mayor City of New Hope Cc:: City Council Attachments — Council resolution City Engineer correspondence Map Kirk McDonald City Manager City of New Hope CITY OF NEw HOPE 4401 Xylon Avenue North • New Hope, M mesota 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: 763531-5174 4 Public Works Fax: 763-592-6776 Certified Mail, return receipt requested October 9, 2014 Tammy Wagner Regional Crossing Manager Federal Railroad Administration 200 W. Adams Street, Suite 310 Chicago, IL 60606 RE: 24 -Hour Quiet Zone Notice of Establishment Boone Avenue (Crossing No: 688956M) MP 8.62 New Hope, MN Dear Ms. Wagner: The City of New Hope, Minnesota wishes to implement a 24-hour quiet zone based on the Final Train Locomotive Horn Rules developed by the Federal Railroad Administration. The quiet zone complies with 49 CFR Part 222, under provision 222.39(b). This is the official 21 day Notice of Establishment for the 24-hour quiet zone at crossing 688956M at Boone Avenue, which would implement the quiet zone starting October 31, 2014. Per field comments from the FRA and MnDOT, the "No Train Horn" signs will remain covered until the Quiet Zone is implemented. The quiet zone extends 0.45 miles to the east and 0.50 miles to the west of the Boone Avenue crossing, for a total quiet zone length of 0.95 miles. The only at -grade crossing located within the quiet zone is a public grade crossing on Boone Avenue (DOT 688956M). The crossing is located on the St. Paul Service Area, Paynesville Subdivision of the Soo Line railroad at MP 8.62. There are no private grade crossings, pedestrian crossings, or grade separations within the quiet zone limits. The Notice of Intent was issued by certified mail on December 20, 2012 and an amended Notice of Intent was issued by certified mail on January 14, 2013. A copy of the FRA's notification of approval, received August 9, 2013, is attached. A diagnostic team review was held on Monday, January 7, 2013. At the meeting, Jim Weatherhead indicated that MnDOT typically uses a smaller design vehicle than was used in the preliminary turning movements and figure drawing included in the original notice of intent. The diagnostic team also suggested bumping out the curb on the west side of Boone Avenue to allow for additional space for trucks to turn. These revisions were incorporated into the design and allowed for the south non -traversable curb median to be lengthened to 30 feet from the gate arm. The meeting minutes and sign - in sheet for the Diagnostic Team meeting nrF- attached. +CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Mint esota 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 Alternative Safety Measures (ASMs) were implemented at the crossing at Boone Avenue crossing as part of the City of New Hope 2013 Reconstruction Project on Boone Avenue. Prior to implementation of the safety improvements, the Boone Avenue crossing included railroad signals with gates, a constant warning time and power out indicators. The implemented ASMs installed at the Boone Avenue crossing include a 100' non -traversable center median on the north side of the tracks and a 30' non - traversable center median on the south side of the tracks along with advance warning signage and pavement markings. The existing and current Grade Crossing Inventory Forms are also attached for the Boone Avenue crossing showing the implemented ASMs. Below are primary and secondary responsible persons for monitoring compliance with the requirements of the Quiet Zone: Primary: Robert Paschke Public Works Director City of New Hope Phone; 763-592-6766 E-mail: bposchke@ci.new-hope.mn.us Si KObert �ascnke New Hope Public Works Director Secondary: Bernie Weber Public Works Operations Manager City of New Hope Phone: 763-592-6772 E-mail: bw_eber@ci.new-hope.mn.us Attachments: Contact List (Below) Signed Certification FRA Notification of Approval Diagnostic Team Meeting Minutes and Sign -In Sheet Pre -Improvement Grade Crossing Inventory Form Post -Improvements Grade Crossing Inventory Form cc Mr. Jim Krieger Manager Public Works Canadian Pacific Railway 120 South 6th Street, Suite 900 Minneapolis, MN 55402 Mr. Jim Weatherhead Metro Area Project Manager Mn/DOT Rail Administration, MS 470 395 John Ireland Blvd St. Paul, MN 55155 2 Ms. Tammy Wagner Regional Crossing Manager Federal Railroad Administration 200 West Adams Street, Suite 310 Chicago, IL 60606 hereby certify that the information submitted for the establishment of the Quiet Zone at crossing 688956M, Boone Avenue, is accurate and complete to the best of my knowledge and belief. Kirk McDonald, New Hope City Manager Date U.S. Department of Transportation Federal Railroad Administration WK = 9' M Mr. Guy Johnson Public Works Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 1200 New Jersey Avenue, SE Washington. DC 20590 Re: THR-001010 (U.S. DOT National Highway -Rail Grade Crossing Inventory Number 6889561/ Dear Mr. Johnson: The Federal Railroad Administration (FRA) has reviewed the quiet zone application submitted on behalf of the City of New Hope (City), Minnesota, pursuant to Title 49 Code of Federal Regulations (CFR) Section 222.39(b)—Public authority application to FRA. FRA approves the application submitted by the City for the crossing listed above. Implementation of the alternative safety measures (ASMs) contained in your application will result in a Quiet Zone Risk Index of 12,938, which is below the Risk Index With Homs (the risk that would be present if the horns were still sounding) of 16,862. The City may submit its Notice of Quiet Zone Establishment per 49 CFR § 222.43—What notices and other information are required to create or continue a quiet zone? after successful installation of the proposed ASMs and compliance with all applicable quiet zone requirements in 49 CFR § 222.35—What are the minimum requirements for quiet zones? FRA has provided comments to the City's application in an enclosure to this letter. For further information, please contact Mr. Ronald Ries, Staff Director, Highway -Rail Grade Crossing Safety and Trespasser Programs Division, at (202) 493-6285 or Ronald.Ries@dot.gov. Sincerely, awe --e, &V Robert C. Lauby Acting Associate Administrator for Railroad Safety/Chief Safety Officer Enclosure cc: Mr. Jim Krieger, Canadian Pacific Railway Mr. Jim Weatherhead, Minnesota Department of Transportation Enclosure: Grade Crossing Application Summary for THR-001010 (For the crossing considered for the calculation of the Quiet Zone Risk Index) FRA encourages the City to provide additional traffic control devices (such as signage, pavement markings, etc.) as needed to encourage proper traffic movements for vehicles and/or pedestrians at or across the tracks. Crossing Number 688456M (Boone Avenue) The City proposes to install a 100 -foot nontraversable curb median to the north of the crossing and a 30 -foot nontraversable curb median to the south of the crossing. There is also a commercial driveway near the southwest quadrant of the crossing. The City views this crossing treatment as an ASM with an effectiveness rate of 0.65. FRA considers this crossing treatment to be an ASM with an effectiveness rate of 0.54, mainly because of the length of the nontraversable median as compared to the distance of the driveway to the crossing. FRA strongly encourages the City to use signage and/or engineering design features (e.g., curbing, etc.) at the commercial driveway to assist motorists with the proper inbound and outbound movements on Boone Avenue. Diagnostic Team Meeting Minutes Project No.: 193801579 Boone Avenue RR Crossing City of New Hope No.: 906 Meeting Location: Crossing Number 688956M New Hope, MN Project Name: 2013 Infrastructure Improvements - Quiet Zone Meeting Date: January 7, 2013 Meeting Start Time: 9:00 am Meeting End Time: 10:00 am A diagnostic team meeting was held at 9:00 am on Monday, January 7, 2013 at the Boone Avenue crossing (Crossing Number 688956M) in the City of New Hope, MN. An attendance sheet of all persons present is attached to this document. The meeting began with a safety briefing by CP Railroad. Jason Petersen provided an agenda for the meeting, which followed Appendix F to Federal Register Part 222. The original meeting agenda is attached. Diastnostic Team Considerations: 1. Current highway traffic volumes and percent of trucks: A city traffic count has been completed and determined that the Boone Avenue crossing traffic volume is 6,150 AADT (two day average). Tammy Wagner asked when the traffic count was completed and noted that the documentation for the traffic count should be submitted to the FRA to update the crossing inventory. The traffic count was done in September 2012. Jason Petersen and New Hope city officials said that this documentation can be provided. It was noted that the crossing inventory estimates truck traffic at 5%. Mr. Petersen asked if this needs to be updated or investigated further. Ms. Wagner said that this is just an estimate and does not need to be updated. 2. Posted speed limits on all highway approaches: It was noted that the posted speed limit is 30 mph from both approaches. 3. Maximum allowable train speeds, both passenger and freight: The crossing inventory notes that current timetable train speed is 20 mph. Prior to the diagnostic team meeting, Jim Krieger sent an email indicating that train speeds will increase to 40 mph in the near future. Mr. Petersen asked which train speed should be used in risk index calculations. Ms. Wagner stated that the future train speeds should be considered in the risk index calculator. The representatives from CP Railroad said that they expect notifications to be mailed shortly to officially notify the city / public of the increase in train speeds. 4. Accident history for each crossing under consideration: There is one crossing located within the proposed quiet zone. It was noted that the accident history indicates two accidents older than five years. Ms. Wagner stated that the accident history can be found on the FRA website. The accident / incident reports from the FRA website are attached. 5. School bus or transit bus use at the crossing: Jim Weatherhead noted that there is an average 89 school buses daily when schools are open. He added that this information is likely not current. Guy Johnson stated the buses may be less than previous due to the construction of the North Education Center (formerly Hosterman School) which provides a variety of different education services. 6. Presence of U.S. DOT grade crossing inventory numbers clearly posted at each of the crossings in question. Inventory crossing numbers are posted on both sides of the crossing, and new signs will be installed in the near future. The diagnostic team should obtain all inventory information for each crossing and should check, while in the field, to see that inventory information is up-to-date and accurate. Outdated inventory information should be updated as part of the quiet zone development process. Diamostic —In Field Considerations: When in the field, the diagnostic team should take note of the physical characteristics of each crossing, including the following items: 1. Can any of the crossings within the proposed quiet zone be closed or consolidated with another adjacent crossing? Crossing elimination should always be the preferred alternative and it should be explored for crossings within the proposed quiet zone. There is only one crossing within the proposed quiet zone (Boone Avenue), and it cannot be eliminated or consolidated with another crossing. 2. What is the number of lanes on each highway approach? Note the pavement condition on each approach, as well as the condition of the crossing itself. Currently, there are two driving lanes, one in each direction. Upon completion of the city project expected to begin in spring of 2013, there will be two vehicle lanes and two bike lanes. The street width will be the same as it is currently, and the gates will cross over the bike and driving lanes in the presence of a train. The pavement will be new following the reconstruction project. 3. Is the grade crossing surface smooth, well graded and free draining? Drainage appears to be acceptable, and the pavement will be new following completion of the proposed street reconstruction project. 4. Does the alignment of the railroad tracks at the crossing create any problems for road users on the crossing? Are the tracks in superelevation (are they banked on a curve?) and does this create a conflict with the vertical alignment of the crossing roadway? The diagnostic team did not note any alignment issues. The track is straight at the Boone Avenue crossing, and the street is perpendicular to the tracks. S. Note the distance to the nearest intersection or traffic signal on each approach (if within 500 feet or so of the crossing or if the signal or intersection is determined to have a potential impact on highway traffic at the crossing because of queuing or other special problems). There is an existing driveway located approximately 65' south of the gate arm. Mr. Petersen noted the required turning movements for the trucks that leave the industry at that driveway. A letter has been provided by the industry and is attached. Due to the truck turning movements, a non -traversable median on the south side of the tracks cannot meet the approved supplemental safety measures included in Appendix A of the Federal Register Part 222. Therefore, Alternative Safety Measures (ASMs) are being proposed, and a public authority application will be provided to the FRA at a later date. A figure drawing was provided by Mr. Petersen showing the proposed ASMs. There was a fair amount of discussion on ways that the center median on the south side of the tracks could be lengthened. The amended notice of intent included an updated figure drawing showing a 100' median on the north side of the crossing and a 30' median on the south side of the crossing. At the diagnostic meeting, Jim Krieger noted that he does not recall seeing a center median of less than 60' accepted by the FRA. The other railroad officials seemed to agree with this. Ms. Wagner stated that, if the risk index can be lowered properly and all of the requirements can be met in the Federal Register Part 222, then a mprlian of less than 60' in length could be acceptable. 6. If a roadway that runs parallel to the railroad tracks is within 100 feet of the railroad tracks when It crosses an intersecting road that also crosses the tracks, the appropriate advance warning signs should be posted as shown in the MUTCD. Not applicable — The roadway is not parallel with the tracks. 7. Is the frosted highway speed (on each approach to the crossing) appropriate for the alignment of the roadway and the configuration of the crossing? The posted highway speed is 30 mph from both approaches. None of the diagnostic team members noted concerns with the posted speed limit. 8. Does the vertical alignment of the crossing create the potential for a "hump crossing" where long, low -clearance vehicles might get stuck on the crossing? Crossing appears to be smooth from both approaches. Vertical alignment is good, and there are no concerns for low -clearance vehicles. 9. What are the grade crossing warning devices in place at each crossing? Flashing lights and gates are required for each public crossing in a New Quiet Zone. Are all required warning devices, signals, pavement markings and advance signing in place, visible and in good condition for both day and night time visibility? The Boone Avenue crossing currently has constant warning time, power out indicators, gates and flashing lights (mast mounted and cantilever). The striping will be new after street reconstruction project, which is expected to begin in the spring of 2013 and be completed in 2014. 10. What kind of train detection is in place at each crossing? Are these systems old or outmoded; are they in need of replacement, upgrading, or refurbishment? The crossing has constant warning time and power out indicators. None of the diagnostic team members indicated the need for replacement, upgrades or refurbishment of the in-place systems. 11. Are there sidings or other tracks adjacent to the crossing that are often used to store railroad cars, locomotives, or other equipment that could obscure the vision of road users as they approach the crossings in the quiet zone? Clear visibility may help to reduce automatic warning device violations. There are no track sidings that obscure the vision of the road users. There are some trees / brush in railroad right-of-way in the northwest and southeast quadrants of the crossing. CP representatives noted that this brush can be cleared from the right-of-way with the street reconstruction project. If the property owner in the southeast quadrant approves, the brush on private property may be removed for increased visibility. 12. Are motorists currently violating the warning devices at any of the crossings at an excessive rate? There is no indication that motorists are violating the warning devices. 13. Do accident statistics for the corridor indicate any potential problems at any of the crossings? See attached Accident/Incident Reports from the FRA website. Two incidents are available, and both occurred over 30 years ago. 14. If school buses or transit buses use crossings within the proposed quiet corridor, can they be rerouted to use a single crossing within or outside the quiet zone? Currently, school buses and transit buses cross at the Boone Avenue crossing. There is only one other at -grade crossing in the City of New Hope. The other crossing is at Winnetka Avenue, which is Y2 mile from Boone Avenue. Therefore, rerouting is not feasible. Pedestrian Crossings Within a Proposed Quiet Zone It was noted at the diagnostic meeting that the items listed in the original agenda are for separate pedestrian crossings that are not in conjunction with street crossings. Besides the sidewalks on each side of Boone Avenue, there are no pedestrian crossings within the proposed quiet zone. Mr. Weatherhead noted that the current MUTCD and ADA guidelines must be followed. He explained that ADA ramps with truncated domes should be placed on the sidewalks in all four quadrants. The truncated domes are typically placed 15' off of the nearest rail. Mr. Petersen will work directly with Mr. Weatherhead to verify the crossing meets applicable guidelines. Questions: 1. What are everyone's thoughts on a partial quiet zone or 24-hour quiet zone? Mr. Krieger stated that the CP Railroad likes consistency in the quiet zones. Existing quiet zones directly to the west (in the city of Plymouth) of the proposed quiet zone are partial. It was noted by Chris Long that representatives from the city of Plymouth have been contacted, and they are not interested in revising / resubmitting all the paper work to request a 24-hour quiet zone. City representatives noted that a 24-hour quiet zone is favored by the citizens of New Hope. Since the diagnostic meeting, the Notice of Intent has been amended to request a 24-hour quiet zone. 2. When will the railroad next do upgrades to the crossing and could this possibly include quad gates? CP Railroad representatives noted that they would never include quad gates in their proposed upgrades. 3. Do gate arms need to be replaced toappropriately meet up with the median? The median will be centered in the street and there will be no change to the street width at the crossing. Therefore, the gate arms would align with traffic lanes the same as they do currently. 4. What is typically required for pedestrian crossings? See comments above regarding pedestrian crossings. This ends the meeting minutes for the diagnostic team meeting. If there are any revisions, additions or corrections, please provide to Jason Petersen within 14 days after receipt of these meeting minutes. Respectfully, Jason Petersen, Stantec Consulting Ltd. Attachments: Attendance, Accident/incident Reports (2), Original Agenda (3 pages), Letter from Industry cc: Emailed to All in Attendance DIAGNOSTIC TEAM MEETING SIGN -IN SHEET ;1 „ Project Name: 2013 Infrastructure Improvements —Quiet Zone Client Name: City of New Hope Stantec Project: 193801579 Date of Meeting: Monday, Jan. 7, 2013 Time of Meeting: 9 A.M. Location of Meeting: Boone Avenue RR Crossing (#688956M) Name Company Representing Contact Information Jason Petersen Stantec Phone: 651-967-4630 Cell: 651-583-4368 Email: jason.petersen@stantec.com . Paul Coone City of New Hope Phone: 763-592-6772 Cell: Email: pcoone@ci.new-hope.mn.us Simon CP Railroad Phone: 612-916-6487 Cell: Email: Mike Ely CP Railroad Phone: 612-508-4497 Cell: Email: Michael_Ely@cpr.ca Andy Mielke Resident 1 SRF Phone: 763-249-6776 Cell: Email: amielke@srfoonsulting.com Guy Johnson City of New Hope Phone: 763-592-6777 Cell: Email: gjohnson@ci.new-hope.mn.us Jim Krieger CP Railroad Phone: 651-772-5974 Cell: Email: jim_kdeger@cpr.ca DIAGNOSTIC TEAM MEETING SIGN -IN SHEET _ Stantec Name Company Representing Contact Information Bernie Weber City of New Hope Phone: 763-592-6762 Cell: a Email: bweber@ci.now-hope.mn.us John Blasiak City of New Hope Phone: 763-592-6764 I Cell: Email: jbiasiak@ci.new-hope.mn.us Jim Weatherhead MnDOT Railroad Administration Phone: 651-653-0970 Cell: Email: jim.weatherhead@state.mn.us Tammy Wagner Federal Railroad Administration (FRA) Phone: Cell: 815-715-6034 Email: tammy.wagner@dot.gov Chris Long Stantec Phone: 651-604-4808 Cell: 651-492-7747 Email: chds.long@stantec.com Phone: Cell: Email: Phone: Cell: Email: U.S. DOT - CROSSING INVENTORY INFORMATION AS OF 10/9/2014 Crossing No.: 688956M Update Reason: Changed Crossing Effective Begin -Date of Record: 10110113 Railroad: SOO S00 Llne RR Co. JSOO J End -Date of Record: Initiating Agency Railroad Type and Posithon: Public At Grade Part I Location and Classification of Crossing Division: ST PAUL SERWC State: MN Subdivision: PAYNESWLLE County: HENNEPIN Branch or Line Name: MP City: In NEW HOPE Railroad Milepost: 0008.62 Street or Road Name: BOOM= AVE RailRoad I.D. No.: Highway Type & No.: MSAS101 Nearest RR Timetable Stn: CRYSTAL HSR Corridor ID: Parent Railroad: Canadian Pacific Rwy Co. JCP ] County Map Ref. No.: 527A Crossing Owner: Latitude: 45.0490000 ENS Sign Installed: Yes Longitude: -93.3905030 Passenger Service: None LatlLong Source: Neither Avg Passenger Train Count; 0 Quiet Zone: No Adjacent Crossing with No Senarate Numher: Private Crossina information: Category: Public Access: unknown Specify Signs: Specify Signals: ST/RR A ST/RR B ST/RR C STIRR D Railroad Use: State Use: F0918 Narrative: Emergency Contact: (800)716-9132 Railroad Contact: State Contact: Part II Railroad Information Number of Daily Train Movements: Less Than One Movement Per Day: No Total Trains: 22 Total Switching: 2 Day Thru: 10 Typical Speed Range Over Crossing: From 10 to 40 mph Maximum Time Table Speed: 40 Type and Number of Tracks: Main: 1 Other 0 Specify: Does Another RR Operate a Separate Track at Crossing? No Does Another RR Operate Over Your Track at Crossing? No (651)366-3667 U.S. DOT - CROSSING INVENTORY INFORMATION Crossing 688956M Continued Effective Begin -Date of Record: 101/0/13 Crossing Railroad: End -Date of Record: Part III: Traffic Control Device Information Crossing Surrace: Signs: Nearby Intersecting 05 Crossbucks: 0 Highway Stop Signs: 0 Advanced Warning: No Hump Crossing Sign: No Pavement Markings: No Markings Other Signs: 0 Specify: 0 Train Activated Devices: Gates: 2 4 Quad or Full Barrier: No Most Mounted FL: 0 Total Number FL Pairs: 8 Cantilevered FL (Over): 2 Cantilevered FL (Not over): 2 Other Flashing Lights: 0 Specify Other Flashing Lights: Highway Traffic Signals: 0 Wigwags: 0 Bells: i Other Train Activated Special Warning Devices Not Warning Devices: Train Activated: Channellzatlon: None Type of Train Detection: Motion Detectors Track Equipped with Yes Traffic Light NIA Train Sionals? IntanxmnAdJnnlPreemntion: Part IV: Phvsical Characteristics Type of Development: Residential Number of Traffic Lanes 4 Crossing Railroad: Is Highway Paved? Yes Crossing Surrace: concrete Nearby Intersecting 05 Highway? WA Does Track Run Down a street? No Is Commercial Power Available? Yes Part V: Hiahwav Information Highway System: Non -Federal -aid Is Crossing on State No Highway System: Annual Average Daily 005830 Traffic (AADT): Estimated Percent Trucks: 05 Posted Highway Speed: 30 Smallest Crossing Angle: 60 to 90 Degrees Are Truck Pullout Lanes Present? No If Other. Is it Signalized? No Is Crossing Illuminated? Yes Functional Classification of Urban MlnorArterfal Rnad at CmRainn: AADT Year: 2011 Avg. No of School Buses per Day: 89 U.S. DOT - CROSSING INVENTORY INFORMATION AS OF 10/9/2014 Crossing No.: 688956M Update Reason:QuietZone Establishment Effective Begin -Date of Record: 10131114 Railroad: SOO SOO Line RR Co. [SOO j End -Date of Record: Initiating Agency Railroad Type and Posiiiion: Public At Grade Part 1 Location and Classification of Crossing Division: ST PAUL SERWC State: MN Subdivision: PAYNESWLLE County: HENNEPIN Branch or Line Name: MP City: In NEW HOPE Railroad Milepost: 0008.62 Street or Road Name: BOONEAVE RailRoad I.Q. No.: Highway Type & No.: MSAS101 Nearest RR Timetable Stn: CRYSTAL HSR Corridor ID: Parent Railroad: Canadian Pacific Rwy Co. [CP j County Map Ref. No.: 527A Crossing Owner: Latitude: 45.0490000 ENS Sign Installed: Yes Longitude: -93.3905030 Passenger Service: None LatlLong Source: Neither Avg Passenger Train Count: 0 Quiet Zone: Yes (24 -Hour) Adjacent Crossing with No Separate Nurntier. Private Crossina Information: Category: Public Access: Unknown Specify Signs: Specify Signals: ST/RR A ST/RR B STIRR C ST/RR D Railroad Use: State Use: F0918 Narrative: Emergency Contact: (800)716-9132 Railroad Contact: State Contact: (651)366-3667 Part II Railroad Information Number of Daily Train Movements: Less Than One Movement Per Day: No Total Trains: Total Switching: Day Thru: 10 Typical Speed Range Over Crossing: From 10 to 40 mph Maximum Time Table Speed: 40 Type and Number of Tracks: Main: 1 Other 0 Specify: Does Another RR Operate a Separate Track at Crossing? No Does Another RR Operate Over Your Track at Crossing? No U.S. DOT - CROSSING INVENTORY INFORMATION Crossing 6889SOM Continued Effective Begin -Date of Record: 10110113 End -Date of Record: Part III: Traffic Control Device Information Signs: Crossbucks: Advanced Warning: Pavement Markings: Train Activated Devices: Cates: Most Mounted FL: Cantilevered FL (Over): Other Flashing Lights: Highway Traffic Signals: Other Train Activated Warning Devices: Channelization: Track Equipped with Train Sionals? 2 (Mounted on mast's) Highway Stop Signs: 0 Yes Hump Crossing Sign: No Stop Bars, Lane Lines, Other Signs: 2 Specify: Roadway "No Train Horn" signs Railroad "X" on both 4 Pedestrian "Look" and "No Train Ham" approaches Signage on all four Ped. Crossing Locations 2 4 Quad or Full Barrier: 2 Total Number FL Pairs: 2 Cantilevered FL (Not over): 0 Specify Other Flashing Lights: 0 Wigwags: 0 Nearby Intersecting Special Warning Devices Not Highway? Train Activated: None Type of Train Detection: Yes Traffic Light I n to mn nne rti nn! P rPa mntl n n: Part IV: Phvsical Characteristics Type of Development: Residential Number of Traffic Lanes Crossing Railroad: Is Highway Paved? Yes Crossing Surface: Concrete Nearby Intersecting Highway? N!A Does Track Run Down a Street? No Is Commercial Power Available? Yes Part V: Hiahwav Information Highway System: Non -Federal -aid Is Crossing on State No Highway System: Annual Average Daily Traffic (AADT): Estimated Percent Trucks: Posted Highway Speed: 30 No 8 2 Bells: 1 Non-Transversable curb medians and Pedestrian Truncated Domes Motion Detectors N/A Smallest Crossing Angle: 60 to 90 Degrees Are Trude Pullout Lanes Present? No If Other. Is it Signalized? Is Crossing Illuminated? Functional Classification of Rnnd at CmRRlnn AADT Year. Avg. No of School Buses per Day: Non-Transversable curb medians 30' North side, 100' South side of crossing No Yes Urban Minor Arterial 2012 30 Request for Action Originating Department Approved for Agenda Agenda Section City Manager October 13, 2014 Consent Item No. By: Kirk McDonald By: Kirk McDonald 6.5 Resolution confirming city funding for circuitry upgrades for CP Rail Winnetka Avenue quiet zone (improvement project no. 945) Requested Action Staff recommends the City Council approve the attached resolution confirming city funding for circuitry upgrades for the CP Rail Winnetka avenue quiet zone. This project and funding sources were discussed at the September 15 work session, and the Council directed staff to prepare a resolution confirming city funding for the project. An executed resolution will be sent to Hennepin County. Policy/Past Practice The city has been investigating the installation of a quiet zone on Winnetka since the proposed Prairie Ridge development in 2006/7, but the project was cost prohibitive. Over the past several months the city has had discussions with Hennepin County regarding 2015 improvements to Winnetka avenue including a quiet zone, and the project may now be feasible. Recently in conjunction with the 2013 infrastructure project, a quiet zone has been installed at the Boone avenue crossing, and it will soon be operational. Background The improvement being considered is the creation of a quiet zone at the railroad crossing at Winnetka avenue. In May the City Council approved a resolution and sent correspondence to the Hennepin County Board of Commissioners requesting surface improvements to Winnetka avenue and consideration of assistance with the construction of a quiet zone. The chair of the board responded on June 5 that he would request county staff to discuss improvements with the city. Public Works staff and engineering met with the director of the transportation department/county engineer, Mr. Jim Grube on June 25 to discuss the possibility of a joint venture for a RR-QZ on Winnetka. Discussed were sharing costs as well as the city and county each being responsible for a portion. The county confirmed they would be resurfacing in 2015, and tentatively agreed to fund the street improvement costs for the quiet zone in the amount of $140,000; the city would be responsible for the circuitry upgrades ($250,000). See attached memo from the city engineer. The city's redevelopment consultant has confirmed the city could pay the city share with EDA or TIF District revenues. The council discussed this matter at the August 18 work session and directed staff to take the steps necessary to move forward with the Winnetka avenue quiet zone project, including continuing discussions with Hennepin County and having Ehlers proceed with TIF District calculations. Motion b 9 y Second by To: f 1:/I,(VA/LatyManager/2014/Q&F,-ContirmFundi tgWi-u:etkaQwietZmeTIF 101314 Request for Action, page 2 October 13, 2014 Ehlers completed a review of existing, pre -1990 TIF district funds to see if they would be available for the city portion of the project, and if not, what funding source could be utilized. This information was presented and discussed at the September 15 work session. The information presented stated that because quiet zone improvements cannot be characterized as redevelopment costs/improvements, the city would be limited to utilizing only 10% of TIF generated in the three pre -1990 districts for the quiet zone use. The 10% available includes any administrative costs expended to date. Based upon a review of the districts, only one district has not utilized the full 10% for administrative purposes and would have approximately $175,000 available for quiet zone expenses. Based on the analysis, the redevelopment consultant recommended the $250,000 in quiet zone costs be funded from the EDA development fund, not TIF funds. It was also pointed out that EDA funds are less restrictive. Based on these facts, the City Council was agreeable to committing $250,000 from EDA funds for Winnetka avenue quiet zone circuitry improvements. The Council requested a resolution be prepared that could be forwarded to Hennepin County documenting the city's willingness to fund the cost of the circuitry upgrades. The attached resolution confirms the city's commitment to pay for the circuitry upgrades and requests Hennepin County agree to fund the necessary street improvement in conjunction with 2015 resurfacing improvements. Staff recommends approval of the resolution which will be forwarded to the Hennepin County Board of Commissioners. Attachments Resolution September 15, 2014 excerpt work session minutes City Engineer memos Ehlers memo Past correspondence City of New Hope Resolution 2014-133 Resolution confirming city funding for circuitry upgrades for CP Rail Winnetka avenue quiet zone (improvement project #945) WHEREAS, the city of New Hope supports the installation of .i quiet zone at the CP Rail crossing on Winnetka avenue (county road #156) in conjunction with the resurfacing improvements scheduled to occur in 2015; and WHEREAS, the preliminary engineer's estimate to complete the improvements is $390,000; with circuitry upgrades estimated to cost $250,000 and street improvements (median, curb, patching and striping) estimated to cost $140,000; and WHEREAS, it is the city's understanding that Hennepin County may be agreeable to funding the street improvements in conjunction with the scheduled 2015 Winnetka avenue resurfacing project if the city is agreeable to funding the CP Rail circuitry upgrades; and WHEREAS, the city of New Hope has reviewed funding sources and is agreeable to funding the necessary circuitry upgrades with Economic Development Authority funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Minnesota, that the city: Agrees and commits to paying for the necessary circuitry upgrades to install a railroad quiet zone at the CP Rail crossing on Winnetka avenue (county road #156) in conjunction with 2015 resurfacing improvements. 2. Respectfully requests Hennepin County agree to fund the necessary street improvements to install a railroad quiet zone at that location in conjunction with 2015 resurfacing improvements. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of October, 2014. Mayor Attest: ,t City Cleric z x `D to obtain the proper liegnsure. Mr. Sargent noted staff determined this type of distribution facility would be no different than any other medical clinic distributing prescribed medication and would be an allowed use. Council inquired of the police department's opinion, Mr. Tim Fournier, director of police, indicated the distribution centers would be required to comply with all state regulations, and he does not foresee detrimental impacts. Mr. Steve Sondrall, city attorney, explained that medical cannabis is only allowable in liquid or pill form and marijuana plants and smoking of medial cannabis is prohibited. Council directed staff to draft a letter of support on behalf of the city, IMP. PROJECT 945 Mayor Hemken introduced for discussion Item 11.3, Discuss Winnetka Avenue Item 11.3 quiet zone TIF financing options (project 945). Mr. Kirk McDonald, city manager, stated in follow up to Council's direction to pursue a quiet zone at the railroad crossing at Winnetka Avenue, Public Works staff and engineering met with Jim Grube, the director of the transportation department/county engineer, on June 25 to discuss the possibility of a joint venture. The county confirmed they would be resurfacing Winnetka Avenue in 2015, and tentatively agreed to fund the street improvement costs for the quiet zone in the amount of $140,000; the city would be responsible for the circuitry upgrades (approximately $250,000). Mr, McDonald stated Ehlers prepared TIF District calculations regarding funding options. Ms. Stacie Kvilvang, Ehlers, explained the city has three pre -1990 TIF Districts that are redevelopment districts. She stated quiet zone improvements cannot be characterized as redevelopment costs/improvements and per mmiesota Statutes ` the city could only utilize 10% of TIF generated in these districts for the quiet zone expenses. She noted complications with the TIP 10% limitations and audit issues and recommended the city consider utilizing EDA funds instead of tax increment financing for the quiet zone costs. Council directed staff to prepares a resolution documenting the city's willingness to fund the costs of circuitry upgrades (approximately $250,000) by the EDA Fund. STREET BANNERS Mayor Hemken introduced for discussion Item 11.4, Discussion on street banners Item 1.1,4 along 42md Avenue and Xylon Avenue. City Council Work Session Page 3 Mr, Jeff Sargent, director of community development, stated the city last replaced the street banners along 42nd Avenue in late 2010 for $3,844. He stated the graphics were photos from the community photo contest and some banners were sponsored by local businesses (with the sponsor's name placed on the bottom of banner). Mr. Sargent reported on the deteriorated condition of the banners and the need for replacement. He noted there are funds in the EDA budget for this September 15, 2014 Stantec Consang SOVIces Inc 2335 Highway 36 West St. Pau! MN 55113 Tel. 1657) 636-4600 Fax: (651) 636-1311 August 12, 2014 File: 143802737 Aftentlon: Kirk McDonald City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Wlrmetka Avenue Quiet Zone Update Dear Kirk, As requested, this letter provides as an update to the Winnetka Avenue Quiet Zone progress. The Previous update letter sent on April 21, 2014, is attached and shall be used as a reference to this letter. M edna wo H nnetiln Ceunly Summgry On June 25, 2014, Bob Paschke, Bernie Weber, and I met with Jim Grube, with Hennepin County, to discuss the potential quiet zone improvements on Winnetka Avenue. Following our discussion, we came to the following conclusions: • Hennepin County proposes to complete all associated street improvements (.e., median, curb, patching, striping), and will be responsible for these costs (pending board approval) • Street widths at the proposed median will not require widening, as proposed in the 2006 plans. Jim Grube was amenable to lessoning the current lane widths by 0.5', which allows for the Installation of the 4' median required to complete the quiet zone improvements. o As a result, most arms will not require relocation. o The attached 2006 plan sheet was noted to reflect this revision. • CP Rall CWT.circuitry upgrades are still required UiDdated nticl aced Prolect Cgft I . CP Rail CWT circuitry upgrades (City of New Hope) $250,000 2. Winnetka Ave street improvements (Hennepin County) • $390.000 'The Hennepin County costs with the street improvements on Winnetka Avenue will likely be less than $140,000, as less curb removal and patching wlll be required than previously expected with the 2006 plan for lane widening. 14 -sign With ^umMutl.iy,-t mire August )2, 2014 Mr. Kirk McDonald Page 2 of 2 Reference: Winnetka Avenue Quiet Zone Update Please let us know if you would like to move forward with Completing the Quiet Zone at Winn etka Avenue, If you have any questions or require further information please call me at (651)6044808. Regards, STANTEC CONSULTING SERVICES INC. a4vogsl 00. Christopher W. Long, P.E. Attachments; Wfnnetka Avenue Quiet Zone Playa (2006)_Lane Revisions, Winnetka Avenue Quiet Zone Improvements letter dated April 21, 2014 C. Bob Paschke, Bernie Weber, Jeff Sargent - New Hope Adam Martinson, Jeremy Hauser - Stantec Design with corr!rr._mriy in mind Stantee consuRing Services Inc 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 April 21, 2014 File: 193802737 Affentiom Bob Poschke City of New Hope 55001nternational Parkway New Hope, MN 55428 Reference: Winnetka Avenue Quiet Ione Improvements Dear Bob, As requested, we have reviewed the process for creating a railroad Quiet Zone at Canadian Pacific Rai's Winnetka Avenue (CSAR 156) crossing. As you may already be aware, the City investigated this issue in 2006-2007. Preliminary meetings were held with the Federal Railroad Administration (FRA), Canadian Pacific JCP) Rail, Minnesota Department of Transportation- Rail Administration, and Hennepin County. We prepared construction plans and approvals of these plans were received from Hennepin County. However, the project was not constructed due to cost concerns and budget constraints. We hove reviewed the 2006-2007 project files and consulted with FRA, CP Rail, Mn/DOT, and Hennepin County in order to outline the process, specific project issues, the timeframe required, and the potential costs involved for creating a Quiet Zone at the Winnetka Avenue crossing. Ge rel Quilt&ne Proces 1. Schedule a Diagnostic Team Review with representatives from FRA, Mn/DOT, CP Rail, and Hennepin County, 2. Gather pertinent data (fraffic volume, train volume, physical characteristics, etc.) and update the US DOT Crossing Inventory to reflect current crossing conditions. 3. Submit a Notice of Intent to create a Quiet Zone to FRA, Mn/DOT, CP Rail, and Hennepin County. a. There is a 60 day comment period required prior to construction occurring. 4. Construct the necessary Supplemental Safety Measure (SSM) improvements (medians, etc) and have there reviewed by FRA. 5. Update the US DOT Crossing Inventory to reflect the SSM improvements. Deslq'n with conn iurtiiy io mind April 21, 2014 Mr. Bob Paschke Page 2 of 4 Reference. Winnetka Avenue Quiet Zone improvements 6. Submit a Notice of Quiet Zone Establishment to FRA, ivin/DOT, CP Rail, and Hennepin County. a. This notice must be submitted at least 21 days before the Quiet Zone is Implemented. frplect Swcrii„c issues 1. in order to create a Quiet Zone, the railroad crossing must be equipped with Constant Warning Time (CWT] circuitry, CP Rail's Winnetka crossing does not have this circuitry and CP Rail does nal anticipate Installing It in the near future. Any upgrades of this time would have to be paid for by the City. 2. Hennepin County is still agreeable to the creation of a quiet zone of the Winnetka crossing. They have indicated that minor revisions from the previously approved plan would be needed. These changes are signing and striping items that are required in order to meet their new standards. The City would also need to apply for a Right -of -Way permit when constructing the improvements. 3. Hennepin County will require full lane widths be maintained on Winnetka Avenue, This requirement results in the need to widen the existing street to accommdote a new concrete center median. a. The widening of the street will result in substandard clearance distances for the most arm poles at the crossing. Therefore, the most arm poles will need to be relocated. 4. Hennepin County will require removal of the north driveway of tha parldng lot at 5130 Winnetka Avenue. Representatives from Hostess were agreeable to this in 2006-2007, if the City wishes to pursue the quiet zone improvements. the current owner will need to be contacted. Al3figiballedF 11ming i . CP Roil would need to complete their circuitry improvements and most arm relocations prior to the street improvements. It is unclear at this point if CP Rail could complete a design and construct the necessary improvements in 2014. It is likely that these improvements would not be constructed until 2015. Design + itti commL:nify rind C�'-' April 21. 2014 Mr. Bob Paschke Page 3 of 4 Reference: Winnefkc Avenue Quief Zone Improvements 2. Timing of the Quiet Zone process components as listed above: a. Diagnostic Team Review -15 to 30 days to schedule. b. Update US DOT Crossing Inventory - existing conditions i. Data collection and inventory updates - 5 days ii. State processing time - 30 days C. Submit Notice of Intent to create a quiet zone -5 days 1. Comment period - 60 days d. Construct SSM Improvements - 90 days e. Update US DOT Crossing inventory -SSM improvemenfs L inventory updates -1 day ll. • State processing lime -30 days f. Submit Notice of Quiet Zone Establishment - 21 days g. Total timeframe - approx. 9 months Antic ftdect C its The following costs are based on preliminary estimates provided by CP Rail and the 2006-2007 design plans with 2013 construction costs. I. CP Rail CWT circuitry upgrades: $250,000 2. CP Rail mast arm relocations: $ 50,000 3. Winnetka Ave street improvements: 140 $ WXO loone v crI Zone_Comparho As Part of the 2013 1 nfrostructure improvements project, which will be completed in August of 2014, improvements will be finalized to establish a Quiet Zone at the Boone Avenue railroad crossing. These improvements generally consisted of adding a concrete median with barrier curb, as well as adding the appropriate striping and signing, The total construction cost for this work is estimated at approximately $22,000. When comparing the Winnetka Avenue crossing with the Boone Avenue crossing, the following items ore the primary reason there are significant additional costs to complete the Quiet Zone improvements at Winnetka Avenue: 1. Boone Avenue had updated Constant Warning Time circuitry in place. The Winnetka crossing does not currently have this circuitry, and CP Rail does not plan on updating this in the near future. All costs will be paid by the City. 2. Hennepin County requires full lone widths on Winnetka, which will require the relocation of the mast arms. No most arms required removal on Boone Avenue. c-3s!gn wr h communhy in mind r• April 21, 2014 Mr_ Bob Paschke Page 4 of 4 Reference. Winnetka avenue Quiet Zone Improvements 3. The street improvement costs are much greater on Winnetka Avenue than Boone Avenue, because there are no street improvements being completed on Winnetka in concurrence with the Quiet Zone improvements. Winnetka Avenue Is owned by Hennepin County and there are currency no plans for improving the roadway in the near future. The Boone Avenue street improvements did not include these extra street improvement costs as these were already within the general overall project scope to complete. Please let us know if you would fake to move forward with completing the Quiet Zone at Winnetka Avenue. if you have any questions or require further information please call me at (651)6044808. Regards, STANTEC CONSULTING SERVICES INC. JOA, 0- W ,J Christopher W. Long, P.E. Attachments: Winnetka Avenue Railroad Quiet Zone Plans (2006) C. Shawn Markham - New Hope Adam Martinson, Rohini Ray, Jeremy Hauser- Stantec Design wiih commuraif- in mind F/F = FACE TO FACE OFC RS is x = PROPOSED MEDIAN WIDTH = d' !/F t IN5TALL 9fGIQ * (SEE DETAIL) ff . REdUCdD 2006 PROPOSEDIDh� MATCH EXIST �, TO LANE TO ALLOW FOR WI ETMEDIAN_REDUCED 0.$' EAC r� 90 ------------ -12-5'` zip F- fm mum 52 F/F (EX. WIDTH) / %!�i �./- - B■I- -�- I� (D� -mm- litth, � � 5' PAYEI"T MDQ IEmM I5 � 4- —am l;, W=wm t�Fqw I,� +c4ef 4- soup uNE,y �4� S4`�v PROP086D WIDTH) V ! Of MAST ARM 1E NOT REQUIRE V fJ►', �a g i f • �j ISL r CT 1'RiUN HORN" SIGNS BY mums. CROSSING SIGNS DILL ER MU CD D A - OUSTM RR 2- NWDS THE GAP pE11EEAI THE 71P OF THE GATE AND THE MEDIAN MEFT BE LESS THAN ONE HMONTAL Foarr. NOTIFY ENGINEER IF THIS REWraeff 15 NOT SATISFIED. 3. REFRESH, RR GROSSING PAYMENT MARKINGS APPROIL 300 fiEEr sotrTli AND 5W FEET NORTN of THE TRACI(�S. (4 EA 4, REFRESH CRG$SWALk ON ININNE7kA AVENl1E A7 ADELINE ) w R4--7 (24x30) By � W10-1 {�rstrng} {1M 1- I (rSxT8) W10-9 Pr:w = ovxq-) dshl On r4ft X1 INSTALL 51GN--/ (SEE DETAIL) TIONS 81 �wA'iv r� We NL-ms�n 1m4 n. Z r R}+j "flow...Em fill Jam: 9=11 GENERAL RR X-ING X1 ��A�110N. NG ONE SYMBGL PER LANE x 4 LANES. �+ (IMPUTE EPDXY) RR IMF k�, `_`ryyl ---•-- - -- ,.._.._.._-r�-�_-- i To: Kirk McDonald City Manager From: Stacie Kvilvang & Jason Aarsvold - Ehlers Date: September 15, 2014 Subject: Financing City Portion of Quiet Zone Quiet zone improvements are going to be made on Winnetka Avenue between 51't and 54th Avenues within the City and the City's cost to install the circuitry portion of the project is $250,000. You had requested a review of existing, Pre -1990 TIF district funds to see if they would be available to pay for the City's portion and if not, what funding source could be utilized. The City has three (3) pre -1990 TIF districts that are redevelopment districts and have some funding available for redevelopment purposes. The quiet zone improvements cannot be characterized as redevelopment costs/improvements and therefore, under MN Statutes 469.176 subd 4j, the City would be limited to utilizing only ten percent (10%) of TIF generated in these districts for this use. The ten percent (10%) available is inclusive of any administrative costs that have been expended to date within the districts (i.e. if 5% has been spent on administration, then there is only 5% available for other costs). Based upon review of your existing pre -1990 districts, only TIF District 85-2 has not utilized the full 10% for administrative purposes and would have approximately $175,000 for use on the quiet zone expenses. Since the EDA has on-going administrative costs for the existing TIF Districts (annual TIF reports, staff time and other development work) that can be paid for from this district, we would recommend that the $250,000 in quiet zone costs be funded from the EDA Development Fund and not TIF District 85-2. In addition, the EDA funds are less restrictive and won't have the complications associated with the TIF 10% limitations and audit issues that may arise. Please contact either of us at 651-697-8500 with any questions. EHLERS LEADERS IN PUBLIC FINANCE Minnesota phone 661-697-8500 Offices also in Wisconsin and Illinois fax 651-697-8555 toll free 800-552-1171 mmeh!ers-Inc.corn 3060 Centre Pointe Drive Roseville, MN 55113-1122 MIKE OPAT CHAIR 612-348-7881 FAX -346-8701 mike.opat@co.heaaepfn.mum BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS. MINNESO'T'A 58487-0240 June 5, 2014 Mayor Kathi Hemken Kirk McDonald, City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Mayor Hemken and Mr. McDonald: Thank you for your May 19 letter regarding Winnetka Avenue. I appreciate the City's concerns regarding the driving condition and general safety of the road between Rockford Road and Bass take Road. I drive it often and agree that that particular stretch is deserving of some attention. You are correct that it is not currently included on Hennepin County's 2014 resurfacing or overlay list. It is, however, on the preliminary improvement list for 2016. With that in mind, I will advocate among the County Board and Hennepin Transportation staff that work commence sooner than that. I am optimistic that some type of maintenance on Winnetka can be fulfilled yet in 2014. Regarding the Canadian Pacific (CP) Rail crossing, we have worked with other cities in the past to cultivate spacing for quiet crossings of County roads. However, in most all of those cases, Hennepin County has not paid for any of the Improvements. While nothing has been ruled out, I think it is important to mention this fact. It is my understanding that County transportation staff have been working closely with your engineers on the scope and plan for improvements at the crossing, I will follow up with our staff and plan to continue this conversaiioo. Thanks again for your letter and for the resolution, which I will communicate to my colleagues on the Board along with this response. Please do not hesitate to call me should you want to discuss any of this further. Mike Opat it Hennepi County Board of Commissioners C: James Grube, Hennepin County Engineer Debra Brisk, Hennepin County Public Works Assistant Administrator (1.'.d] PRINTED ON RECYCLED PAPER May 15, 20I4 ,L Mike Opat, Chair Hennepin County Board of Commissioners A-2400 Government Center 300 South 6'h Street Minneapolis MN 55487 Subject: Improvements to Winnetka Avenue (CR #I56) in New Hope Dear Chair Opat: The New Hope City Council and staff are concerned about the existing surface quality of Winnetka Avenue between Rockford Road and Bass Lake Road, which is under the jurisdiction of Hennepin County. The city feels the road is in unsatisfactory driving condition and creates a public safety issue. The city receives many complaints about the condition of the road. The city was of the understanding the road was originally scheduled for an overlay project in 2014, but it is not included in the current Hennepin County road improvement lis{, nor is it listed in the preliminary schedule of 2015 road improvements. The city is requesting the county schedule maintenance activities for the road in 2014; and include it in the 2015 C1P list for resurfacing and overlay improvements. The city is also desirous of potentially constructing quiet zone improvements on Winnetka Avenue at the Canadian Pacific (CP) Rail's Winnetka Avenue crossing. Hennepin County staff are agreeable to coordinating with the city on the project. Per the attached engineer's estimate, the total cost of the improvements to complete the CP Rail circuitry upgrades, most arm relocations, and the Winnetka Avenue street improvements is $440,000. Due to the fact that Winnetka Avenue is a Hennepin County road and the quiet zone improvements will greatly improve public safety for vehicles and pedestrians utilizing the road, as well as improving the quality of life for the residents living nearby, the city is requesting consideration from the county to assist with the cost of the quiet zone improvements. The City Council recently approved the attached resolution regarding these issues to formally request we and we would request the resolution and this correspondence be distributed to the other commissioners. Your priorities indicate that building public infrastructure for county residents and smart public works projects, especially roads within the county's inner -ring suburbs are important. The city has appreciated your assistance in the Past, and respectfully ask that you and the other commissioners give this request strong consideration. Sincerely, Kathi Hernken Mayor City of New Hope Cc:: City Council Attachments — Council resolution City Engineer correspondence Map Kirk McDonald City Manager City of New Hope CITY OF NEw HOPE 4 .01 Xylon Avemse North + New Hope, Minnesota 55428-4698 + www. ci.new-hope.mn.us City Hall: 763-531-5100 f Police (non -emergency): 763-5315170 + Public Works: 763-592-6777 City Hall Fax- 763-531-5136 + Police Fax: 763-5315174 f Public Works Fax: 763-592-6776 October 15, 2014 Mike Opat, Chair Hennepin County Board of Commissioners A-2400 Government Center 300 South 6th Street Minneapolis MN 55487 Subject: Improvements to Winnetka Avenue (CR #156) in New Hope Dear Chair Opat; In May of this year the New Hope City Council approved a resolution that was forwarded to you requesting Hennepin County assistance with improvements to Winnetka Avenue (CR #156) between 42nd avenue (CR #9) and Bass Lake Road (CR #10). The assistance requested included resurfacing and overlay improvements to improve surface quality and driving conditions, and the city also requested consideration of county assistance with the installation of quiet zone improvements at the Canadian Pacific (CP) rail crossing on Winnetka avenue. You responded you would advocate with Hennepin County Transportation staff to get Winnetka avenue surface improvements on the 2015 resurfacing/overlay list for Hennepin County. Your staff has communicated with New Hope public works and informed them the work is scheduled for 2015, and the city is appreciative of your assistance. In regards to the CP Rail quiet zone improvements, you stated in most cases Hennepin County has not paid for any of the improvements, but that county staff would continue to work with the city engineer on the scope and plan for improvements at the crossing. It is our understanding that county and city staff met at the end of June to discuss the possibility of a joint venture for a railroad quiet zone on Winnetka avenue where each entity would be responsible for a portion of the costs. The total estimated cost for the improvements per the attached memorandum from the city engineer is $390,000 ($140,000 for street improvements and $250,000 for circuitry upgrades). It is our understanding the county is considering funding the street improvements (median, curb, patching and striping) in conjunction with the resurfacing improvements. The city would appreciate Hennepin County funding that portion of the project. The City Council also wanted to convey to Hennepin County the city will fund the $250,000 for the CP railroad quiet zone circuitry improvements. The City Council recently approved the attached resolution confirming city funding for those improvements so you are aware the city will fund that portion of the project. The city requests the county continue to coordinate with New Hope on the Winnetka avenue quiet zone improvement project, as the improvements will greatly improve public safety for vehicles and pedestrians utilizing the county road and improve the quality of life for residents living nearby. CITY OF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www. ci.new-hope.mmus 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 Your priorities indicate that building public infrastructure for county residents and smart public works projects, especially roads within the county's inner -ring suburbs are important. The city has appreciated your assistance in the past, and respectfully ask that you and the other commissioners continue to give this project strong consideration. Sincerely, 1 Kathi Hemken Mayor City of New Hope Cc:: City Council Attachments — Council resolution City Engineer correspondence Map Kirk McDonald City Manager City of New Hope City of New Hope Resolution 2014-133 Resolution confirming city funding for circuitry upgrades for CP Rail Winnetka avenue quiet zone (improvement project #945) WHEREAS, the city of New Hope supports the installation of a quiet zone at the CP Rail crossing on Winnetka avenue (county road #1.56) in conjunction with the resurfacing improvements scheduled to occur in 2015; and WHEREAS, the preliminary engineer's estimate to complete the improvements is $390,000; with circuitry upgrades estimated to cost $250,000 and street improvements (median, curb, patching and striping) estimated to cost $140,000; and WHEREAS, it is the city's understanding that Hennepin County may be agreeable to funding the street improvements in conjunction with the scheduled 2015 Winnetka avenue resurfacing project if the city is agreeable to funding the CP Rail circuitry upgrades; and WHEREAS, the city of New Hope has reviewed funding sources and is agreeable to funding the necessary circuitry upgrades with Economic Development Authority funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Minnesota, that the city: 1. Agrees and commits to paying for the necessary circuitry upgrades to install a railroad quiet zone at the CP Rail crossing on Winnetka avenue (county road #156) in conjunction with 2015 resurfacing improvements. Respectfully requests Hennepin County agree to fund the necessary street improvements to install a railroad quiet zone at that location in conjunction with 2015 resurfacing improvements. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of October, 2014. Mayor Attest: ,�, 11010 City Clerk Stantee Car tuft Swykes Inc. 2335 Highway 36 West St. Paul MN 55113 Tek (6s1) 636-4600 Fax. Issl j 636-1311 August I 2024 File: 193802737 Affenllon; Kirk McDonald City Manager City of New Hope 4401 Xylan Avenue North New Hope; MN 55428 Reference. Wlnnetka Avenue Quiet Zone Update Decr,K k, As requested, this letter provides as an update to the Wihnetka Avenue Quiet Zone progress. The Previous update letter sent on April 21, 2014, Is attached and Shan be used as a reference to this letter. ., �t" .: 1 On .lune 25, 2014, Bob Poschke, Bernie Weber, and 1 met with Jim Grube, to discuss the potential quiet zone With Hennepin County, improvements on Winnetka Avenue. Following our discussion, we came to the following conclusions: Hennepin County proposes to complete alt associated street curb. patching, striping), and will be responsible for these cosfrovemenfs ji.e., median, g board Street widths of the proposed median will not require widening,has n oposed in the 2006 approvait plans. Jim Grube was amenable to lessoning the current lone wfdths by 0.6', which allows for the Installation of the 4' median required to compete the quiet zone Improvements. o As a result, most awns will not require relocation. o The attached 2006 pian sheet was noted to reflect thls revision. CP Rall CWT circuitry upgrades are still required 1. CP Rall CWT crrcu"ry upgrades Ply of New Hope) 2. Winnefka Ave street impr-overnents (Hennepin County) 05140, UK= *The Hennepin County costs with the street improvements on Winnetka Avenuewill likely be less than $140,000, as less curb removal and patching will be required than previousl the 2006 plan for lane widening. y expected with r'osigr With curnMun;ty In mfrd F/F = FACE TO FACE OF: C RB n ' z rk- + INSTALL slc;ht PROPOSED MEDIAN WIDTH 4' F/F (sm DETAIL,) , 5ZF/�(EjX. WIDTH) 54' P4YEIrl 4? NAMMW Lk7�p ` �lF 4' eRpKpyUNr WMM 4- ;; — � � Our so 4,.,...__ ME REDU D 2008 PRpp05ED MATCH EXIg TING s2F1F W TO t ANE TO ALLOW FOR 41 IDT', EDUCED Q,§- EAC % : WIDE hREnmKe i; , PROPOSED WIDTH) t/ f MAST ARM RE NOT REQUIRE ftml� If TRAIN FIDRfY" l• SSR CROSSING WCNS PER 1�T W v�IC 2. TW CAAMM BE gETyE 7ifF 1iiD 3 STT �d ONE�H InHEA- D 1i IE MXVygEDIAN 3. MEET RFJ�MNANND 8"F U �� NDT SATIFCarSFIE ONW..(144 SO5LI! BTU A WM OF nqED4t AT _ (4 M) AHDELJNE (za n) ar ov�i�s W10-1 s0tln4} R R 0111 (flx1$� dA" .�lht I SMALL SIGN— (UM DETAL ) t CD t -d ......--.- J •Wk • AVl . . UA5T•ili .u,LCu swu oew=inea ttus type or r" distribution facility would be no different than any other medical clinic distributing prescribed medication and would be an allowed use. Council inquired of the police department's opinion. Mr. Tim Fournier, director of police, indicated the distribution centers would be required to comply with all state regulations, and he does not foresee detrimental impacts. Mr. Steve Sondrall, city attorney, explained that medical cannabis is only allowable in liquid or pill form 'and marijuana plants and smoking cif medial cannabis is prohibited. Council directed staff to draft a letter of support on behalf of the city, IMP. PROJECT 945 Mayor Hemken introduced for discussion Item 11.3, Discuss Winnetka Avenue Item 11.3 quiet zone TCF financing options (project 945). Mr. Kirk McDonald, city manager, stated in follow up to Council's direction to pursue a quiet zone at the railroad crossing at Winnetka Avenue, Public Works staff and engineering met with Jim Grube, the director of the transportation m department/county engineer, on June 25 to discuss the possibility of a joint venture. The county confirmed they would be resurfacing Winnetka Avenue in 2015, and tentatively agreed to fund the street improvement costs for the quiet zone in the amount of $140,000, the city would be responsible for the circuitry upgrades (approximately $250,000). Mr. McDonald stated Ehlers prepared TIF District calculations regarding funding options. Ms. Stacie Kvilvang, Ehlers, explained the city has three .pre -1990 TIF Districts that are redevelopment districts. She stated quiet zone improvements cannot be characterized as redevelopment costs/improvements and per Minnesota Statutes the city could only utilize 10% of TIF generated in these districts for the quiet zone expenses. She noted complications with the TIF 10% limitations and audit issues and recommended the city consider utilizing EDA funds instead of tax increment financing for the quiet zone costs. Council directed staff to prepare a resolution documenting the city's willingness to fund the costs of circuitry upgrades (approximately $250,000) by the EDA Fund. . STREET BANNERS Mayor Hemken introduced for discussion item 11.4, Discussion on street banners Item 11..4 along 42-dAvenue and Xylon Avenue. Mr. Jeff Sargent, director of community development, stated the city last replaced the street banners along 420 Avenue' in late 2010 for $3,844. He stated the graphics were photos from the community photo contest and some banners were sponsored by local businesses (with the sponsor's name placed on the bottom of banner). Mr. Sargent reported on the deteriorated condition of the banners and the need for replacement. He noted there are funds in the EDA budget for this City Council Work Session September 15, 2011 Page 3 Request for Action Originating Department Approved for Agenda Agenda Section Public Works April 13, 2015 Development and Planning Item No. By: Bob Paschke, Director By: Kirk McDonald, City Manager 8.1 Resolution approving a construction cooperative agreement between the city of New Hope and Hennepin County for the construction of a Railroad quiet zone on Winnetka Ave (CSAH 156), and authorizing preparation of plans and specifications for public improvement project no. 945, 2015 Winnetka Avenue Quiet Zone Requested Action Staff recommends the city to enter into an agreement with Hennepin County for the construction of a quiet zone on Winnetka avenue and authorize preparation of plans and specifications for project no. 945, 2015 Winnetka Avenue quiet zone. Background The improvement being considered is the creation of a quiet zone at the railroad crossing north of 5151 Avenue and south of Angeline Drive on Winnetka Avenue (CSAH 156). In order to establish a quiet zone, the quiet zone risk index needs to be at or below the nationwide significant risk threshold. To accomplish this, recommended supplemental safety measures (SSM) need to be implemented. The Federal Railroad Administration has a procedure in place for communities to request a quiet zone railroad crossing. To initiate the procedure, staff held an onsite diagnostic meeting on December 2, 2014, with representatives from Hennepin County, Canadian Pacific Railroad, MnDOT Railroad Administration, and City staff. The Federal Railroad Administration was not in attendance but did provide comments for the meeting. A quiet zone notice of intent will be submitted to the Federal Railroad Administration following approval of the cooperative agreement between the City and Hennepin County. The final step in the process is to send the Notice of Quiet Zone Establishment following the completion of the improvements in the fall of 2015. Motion byj%j}� Second by To: - (o I:/RFA/Public Works/2015/945/945Winnetka QZ Henn Cty agrmt & order plans Request for Action, Page 2 April 13, 2015 During the diagnostic meeting, it was determined that the northern driveway to Wenck Associates will have limited turning movements as the median is required by the County to extend south of the driveway. Discussions have occurred with Wenck and the limiting turning movements are not an issue. Winnetka Ave is scheduled to be contract paved with an overlay in late September or early October. Construction of the quiet zone is required to be completed prior to installation of the bituminous wear course overlay on Winnetka Avenue. Funding The engineer's cost estimate for the quiet zone improvement costs is $140,000. Hennepin County has agreed to fund up to $140,000 for project costs. The city is responsible for preparing plans and specifications, administering the construction contract, and engineering/inspection of the project. Attachments • Resolution + Hennepin County agreement • Map of the area • Engineer's memo City of New Hope Resolution No. 15 — 56 Resolution approving a construction cooperative agreement between the city of New Hope and Hennepin County for construction of a Railroad quiet zone on Winnetka Ave (CSAH 156), and authorizing preparation of plans and specifications for project no. 945, 2015 Winnetka avenue quiet zone WHEREAS, the City Council has requested staff to pursue a Railroad quiet zone on Winnetka Avenue as to the request of residents of the neighboring vicinity; and WHEREAS, a construction cooperative agreement between the city of New Hope and Hennepin County has been prepared, setting forth the scope of work, terms, and conditions for project costs; and WHEREAS, the agreement sets forth the obligations of the city of New Hope and establishes that the city of New Hope is the lead agency and is responsible for bidding the project, managing the construction, and maintaining the quiet zone; and WHEREAS, funding will be provided by the city of New Hope from the street infrastructure fund and reimbursed by Hennepin County for costs up to $140,000 as set forth in the Construction Cooperative Agreement. WHEREAS, the city's engineering firm, Stantec, will prepare plans and specifications for the project to be completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the Construction Cooperative Agreement between the city of New Hope and the County of Hennepin for construction of the Winnetka Avenue quiet zone is approved. 2. The mayor and city manager are authorized and directed to sign the same on behalf of the city. 3. That the city's engineering consultant is ordered to prepare plans and specifications for project No 945, the Winnetka avenue quiet zone. Adopted by the City Council of the city of New Hope, ennepin County, Minnesota, this 13th day of April, 2015. Mayor Attest: City Clerk Hennepin County Transportation Department Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 March 19, 2015 Bob Paschke Director of Public Works City of New Hope 5500 international Parkway New Hope, MN 55428 AGREEMENT NO. PW 08-39-15 CSAH 156; CP 1504 Dear Mr. Paschke, 612-596-0300, Phone 612-321-3410, FAX www,henne in.us Submitted for approval are two copies of the above referenced agreement. If the agreement is satisfactory, please have both copies signed by the appropriate officials. Also, please return to this office two certified copies of a resolution authorizing these officials to sign the agreement, Upon completion of the remaining signatures by Hennepin County officials, we will send you one fully executed copy for your files. If you have any questions concerning the agreement, please call me at (612) 596-0380. Sincerely, Wayne Loos Senior Administrative Assistant - Design encl Agreement No. PW 08-39-15 County Project No. 1504 County State Aid Highway No. 156 City of New Hope County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this m A day of Y1 ( , 2015 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of New Hope, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the tracks of the Canadian Pacific Rail crosses County State Aid Highway Number (CSAR) 156 (Winnetka Avenue) north of 51St Avenue North by means of an at grade crossing; and WHEREAS, the City working with the County and the Canadian Pacific Rail (CP Rail), have developed a project to install safety and livability improvements designed to create a quiet zone at the above mentioned CP Rail crossing on CSAH 156; and WHEREAS, CP Rail is responsible for installation of safety gates, warning signals and grade crossing surface at the tracks of the CP Rail where it crosses CSAH 156; and WHEREAS, aforementioned quiet zone improvements at the CP Rail crossing on CSAH 156 and as shown on the plans for the City Project Number (County Project Number 1504), shall hereinafter be referred to as the "Project"; and WHEREAS, the City or its agents are responsible for the development of the plans and specifications for the Project, and has requested that the County approve the plans and specifications; and WHEREAS, the City or its agents will be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as -built plans required on the Project; and WHEREAS, the County will participate in the costs to install the quiet zone improvements at the CP Rail crossing on CSAR 156 as provided for herein; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. Agreement No. PW 08-39-15 CSAH 156; C.P. 1504 NOW THEREFORE, IT IS HEREBY AGREED: The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of said plans and specifications from the County; advertise for bids for the work and construction; receive and open bids pursuant to said advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and, perform the required engineering and inspection; all in accordance with said plans and specifications. The contract shall include the plans and specifications prepared by the City or its agents and approved by the County. Said plans and specifications shall conform to Minnesota Department of Transportation (MnDOT) Design Standards applicable to County State Aid Highways and to the requirements of the Americans with Disabilities Act (ADA). II The City shall furnish the County with two (2) complete sets of County approved plans and specifications for said Project, one of which shall be in an electronic format acceptable to the County. Upon completion of the Project, the City or its agents shall furnish the County with a complete set of as -built plans certified as to their accuracy by the City's Project Engineer. Said as -designed plans, specifications and as -built plans for the Project shall be furnished by the City at no cost to the County. III The City or its agents shall administer the construction contract and perform all required engineering, inspection and testing. All construction and materials sampling and testing for the Project shall be accomplished in accordance with all applicable standards and requirements of the Minnesota Department of Transportation's (MnDOT) State Aid for Local Transportation Division in effect at the time of Contract award. The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. Said permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. Itis understood that the City or its contractor will obtain a permit from the County for the performance of the work on CSAH 156 as provided herein. Said permit will be granted at no cost to the City or its contractor. - 2 - Agreement No. PW 08-39-15 CSAH 156; C.P. 1504 VMA The construction of this Project shall be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with the plans and specifications. The County Engineer and representative staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. The County agrees that the City may make changes in the above referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval of the County Engineer or designated representative on change orders or supplemental agreements involving work on CSAH 156. The County will respond to the City's request for approvals within seven (7) calendar days. V The County shall reimburse the City for all concrete work included in the Project and for a bituminous overlay at the concrete medians that will be constructed as part of the Project. The County will reimburse the City for the costs to construct concrete sidewalk and trail, concrete pedestrian ramps, concrete medians, concrete curb and gutter, and concrete road surfaces outside the limits of the railroad grade crossing surface. In addition, the County will reimburse the City for the costs to install a two inch bituminous overlay on CSAH 156 from the railroad grade crossing surface to the ends of the concrete medians constructed as part of the Project, and for installation of all necessary pavement markings and/or signs at said bituminous overlay. It is understood and agreed that the County's reimbursement to the City for the concrete work included in the Project and for said bituminous overlay, pavement markings and signs shall not to exceed the amount of One Hundred and Forty Thousand Dollars and NTo Cents ($140,000.00). After an award by the City to the successful bidder for construction of the Project, the City shall invoice the Count) for ninety five (95) perec!it of the County's participating share of the construction costs for the Project. The remainder of the County's share of the construction costs will be due the City upon the completion of the Project, and upon review and approval of the Project by the County Engineer or designated representative. Upon approval of the completed Project by the County Engineer or designated representative the City shall submit its final invoice to the County. The County will within forty five (45) days of said invoices, deposit with the City funds totaling the amount of the invoices. 391E Agreement No. PW 08-39-15 CSAH 156; C.P. 1504 VI The County hereby reserves the right to perform final inspection on the work included in the Project and also the right to require any modifications prior to approving final payment to the City for the County's share of the costs. Upon completion of the Project maintenance of sidewalk and trails, pedestrian curb ramps, lighting, landscaping and streetscaping, and all municipal street construction included in the Project shall be the responsibility of the City, and all maintenance, restoration, repair, replacement or other work or services required thereafter must performed by the City at no expense to the County. It is understood by the parties that the safety gates, warning signals and the grade crossing surface where the CP Rail crosses CSAH 156 shall remain the property of CP Rail, and all maintenance, restoration, repair, replacement or other work or services required thereafter will be performed by CP Rail at no expense to the County or City. VII All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. VIII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other parry and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. IX The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. -4- Agreement No. PW 08-39-15 CSAH 156; C.P. 1504 The County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 0 The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway Number 156 as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: Limits General Aggregate $2;000,000 Products --Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non -owned, and hired automobiles: $1,500,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory -5- Agreement No. PW 08-39-15 CSAH 156; C.P. 1504 If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability - Bodily injury by: Accident - Each Accident $500;000 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 4. Professional Liability — Per Claim $1,500,000 Aggregate $2,000,000 The professional liability insurance must be maintained continuously for a period of two years after the expiration, cancellation or termination of this Agreement. It understood and agreed by the parties hereto that the above listed Professional Liability insurance will not be required in any construction contract let by the City if the City's Contractor is not required to perform design engineering as part of said construction contract. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XI It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County Gi! Agreement No. PW 08-39-15 CSAH 156; C.P. 1504 shall not be considered employees of the City, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City's Public Works Director or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XIII It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. Ia UA The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement s-, though fully set forth herein. KAI The whereas clauses are incorporated herein and are hereby made a part of this Agreement. (this space left intentionally blank) 7- Agreement No. PW 08-39-15 CSAH 156; C.P. 1504 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF NEW HOPE j (Seal) B . nl�4V y Mayor Date: And: Manager Date: DK111J N Yit1 ; I ►10WI ATTEST: e *Dclerk By: �. �-G---- �theounty Board of its County Board Date: Date: 'syr APPROVED AS TO FORM: C, 4st4� ant County Attorney Dater �I APPROVED AS TO EXECUTION: By: ZiY]'L Assis6d County Attorney Date: p P1 It Administrator, Public Works Dater o 1S 1.7Bloc$) 31051D1►1�T By. /-) >dLn Director, Transportation Department and County Highway Engineer Date: -8- \1j1-- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE ) 1. I, the undersigned, being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: 2. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 3. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. 2015-56 Resolution approving a construction cooperative agreement between the city of New Hope and Hennepin County for construction of a Railroad quiet zone on Winnetka Ave (CSAR 156), and authorizing preparation of plans and specifications for project no. 945, 2015 #Winnetka Avenue quiet zone 4. 1 further certify that the affirmative vote on said resolution was 5 ayes, 0 nayes, and 0 absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this 16th day of April, 2015. (Seal) Valerie Leone, City Clerk 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 City of New Hope Resolution No. 15 — 56 Resolution approving a construction cooperative agreement between the city of New Hope and Hennepin County for construction of a Railroad quiet zone on Winnetka Ave (CSAH 156), and authorizing preparation of plans and specifications for project no. 945, 2015 Winnetka avenue quiet zone WHEREAS, the City Council has requested staff to pursue a Railroad quiet zone on Winnetka Avenue as to the request of residents of the neighboring vicinity; and WHEREAS, a construction cooperative agreement between the city of New Hope and Hennepin County has been prepared, setting forth the scope of work, terms, and conditions for project costs; and WHEREAS, the agreement sets forth the obligations of the city of New Hope and establishes that the city of New Hope is the lead agency and is responsible for bidding the project, managing the construction, and maintaining the quiet zone, and WHEREAS, funding will be provided by the city of New Hope from the street infrastructure fund and reimbursed by Hennepin County for costs up to $140,000 as set forth in the Construction Cooperative Agreement. WHEREAS, the city's engineering firm, Stantec, will prepare plans and specifications for the project to be completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the Construction Cooperative Agreement between the city of New Hope and the County of Hennepin for construction of the Winnetka Avenue quiet zone is approved. 2. The mayor and city manager are authorized and directed to sign the same on behalf of the city. 3. . That the city's engineering consultant is ordered to prepare plans and specifications for project No 945, the Winnetka avenue quiet zone. Adopted by the City Council of the city of New Hope, ninepin County, Minnesota, this 13th day of April, 2015. Y j. Mayor c Attest: City Clerk 1 ri © MEEMMI YFACE CIC�REfE CONSTRICSSHO.H wm mBmm em TTBMTMRIT(4M0 BE MNk= RAM INSTALL I®BFRCEI RRHP IND.. 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GHOAW MEDRN LENGTH BC NOT I11[ILLDE IIIE IbNCBETE SHO/ENpSE AWADACHES. C6.01 4 Stantec April 8, 2015 File: 193802737 Stantec Consulflng Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651 ) 636-1311 Attention: Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 554428 Reference: VAnnetka Quiet Zone Improvements - Authorize Plans and Specifications City Project No.: 945 Dear Bob, As discussed, we are requesting authorization to prepare plans and specifications for completing the Winnetka Avenue Quiet Zone Improvements. The improvements generally include milling of bituminous pavement, concrete median installation, bituminous overlay, pavement marking, signage, and pedestrian improvements (see draft plan sheet C6.01). The total project cost for these improvements, including indirect, is estimated to be $140,000. As identified in the Agreement, Hennepin County will reimburse the City the project costs at a not to exceed amount of $140,000. If Council chooses to move forward with this project, authorization of plans and specifications and could be given at the April 131h Council meeting. The quiet zone improvements could be completed during the summer of 2015. Hennepin County plans to complete a bituminous overlay of Winnetka Avenue between 42nd Avenue North and Bass Lake Road following the completion of the quiet zone improvements. If you have any questions or require further information please call me at (651)604-4808. Design with community in n'?€rd April 8, 2015 Mr. Bob Paschke Page 2 of 2 Reference: Wlnnetka Quiet Zone Improvements - Authorize Pians and Specifications Sincerely, STANTEC � � Christopher W. Long, P.E. Attachments: Draft Plan Sheet C6.01 Cc: Bernie Weber, Shawn Markham, John Blasiak - New Hope; Ann Dienhart, Adam Martinson, Megan Albert - Stantec. Dssign with community ir, rnind April 16, 2015 Mr. Wayne Loos Hennepin County Transportation Dept 1600 Prairie Drive Medina, MN 55340-5421 Subject: Agreement No. PW 08-39-15; CSAH 156; CP 1504 (city project 945) Dear Mr. Loos: At its meeting of April 13, 2015, the New Hope City Council approved the construction cooperative agreement with Hennepin County for the quiet zone improvements at the CP rail crossing on CSAH 156. Enclosed are two contracts that have been executed by New Hope officials. Please execute both copies; retain one for your files; and return one fully executed copy to my attention. Also enclosed are two certified resolutions. Any questions regarding the project should be directed to Public Works Director Bob Paschke at 763- 592-6766. Thank you. Sincerely, Va erie Leone, CMC City Clerk Enc. cc: Bob Paschke, director of public works Kirk McDonald, city manager 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 0 Police Fax: 763-531-5174 • Public Works Fax: 753-592-6776 — Hennepin County Transportation Department s Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 July 8, 2015 Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 AGREEMENT NO. PW 08-39-15 CSAH 156; CP 1504 Dear Mr. Paschke, 612-596-0300, Phone 612-321-3410, FAX www.henneoin.us Submitted for your files is a fully executed copy of the above referenced agreement. Sincerely, ayne L os Senior Administrative Assistant - Design encl An Equal opportunity Employer Leone Valerie From: Paschke Bob Sent: Wednesday, July 08, 2015 10:50 AM To: Leone Valerie Subject: QZ Agreement - city 1 county Follow Up Flag: Follow up Flag Status: Flagged Val, Found it! when it arrives please pay attention to article V page 3, the city is to invoice the county upon selection of a contractor for the project From: Steven J Groen[mai lto:Steven.Groenftennepin.us] Sent: Wednesday, July 08, 2015 10:26 AM To: Paschke Bob Subject: Fwd: Agreement PW 08-39-15 CP 1504 Sent from my iPhone Begin forwarded message: From: Wayne Loos <Wayne.Loostu'7hennepin.us> Date: July 8, 2015 at 10:20:08 AM CDT To: Steven J Groen <Steven.Groen@hennevin.us> Subject: RE: Agreement PW 08-39-15 CP 1504 Hello Steve, The agreement was approved at the June 16 Board meeting, we are waiting to get the signed agreement back administration. I did inquiry about it and was told it is in route to Medina. Wayne Wayne Loos Senior Administrative Assistant - Design Hennepin County Transportation Department 1600 Prairie Drive Medina, Minnesota 55340-5421 612-596-0380 wayne. loosCa)hennepi n. us -----Original Message ----- From: Steven J Groen Sent: Wednesday, July 08, 2015 10:15 AM To: Wayne Loos Cc: Christopher Sagsveen Subject: Agreement PW 08-39-15 CP 1504 I'm at the preconstruction meeting, what is the status of the Agreement? Is it approved and signed? Thanks; Steve Sent from my Whone Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works May 11, 2015 Dev. & Plannin Item No. By: Bob Paschke, Director By: Kirk McDonald, City Manager 8.5 Resolution approving a plans and specifications and authorizing advertisement for bids for the construction of a railroad quiet zone on Winnetka Ave (CSAH 156), public improvement project no. 945, 2015 Winnetka Avenue Quiet Zone Improvements Requested Action Staff recommends council approve plans and specifications for the construction of a quiet zone on Winnetka Avenue and authorize advertisement for bids regarding project no. 945, 2015 Winnetka Avenue Quiet Zone Improvements. Background The improvement being considered is the creation of a quiet zone at the railroad crossing north of 516' Avenue and south of Angeline Drive on Winnetka Avenue (CSAH 156). In order to establish a quiet zone, the quiet zone risk index needs to be at or below the nationwide significant risk threshold. To accomplish this, recommended supplemental safety measures (SSM) need to be implemented. The Federal Railroad Administration has a procedure in place for communities to request a quiet zone railroad crossing. To initiate the procedure, staff held an onsite diagnostic meeting on December 2, 2014, with representatives from Hennepin County, Canadian Pacific Railroad, IVInDOT Railroad Administration, and City staff. The Federal Railroad Administration was not in attendance but did provide comments for the meeting. A quiet zone notice of intent will be submitted to the Federal Railroad Administration following approval of the cooperative agreement between the City and Hennepin County. The final step in the process is to send the Notice of Quiet Zone Establishment following the completion of the improvements in the fall of 2015. Council approved preparation of plans and specifications for project 945 on April 13, 2015. Motion by )Wul Second by To: 1;/RFA/Public Works/2015/945/945Winnetka QZ Henn City approving plans & spec & advertisement of bids Request for Action, Page 2 May 11, 2015 During the diagnostic meeting, it was determined that the northern driveway to Wenck Associates will have limited turning movements as the median is required by the County to extend south of the driveway. Discussions have occurred with Wenck and the limiting turning movements are not an issue. Winnetka Ave is scheduled to be contract paved with an overlay in late September or early October. Construction of the quiet zone is required to be completed prior to installation of the bituminous wear course overlay on Winnetka Avenue. Funding The engineer's cost estimate for the total project quiet zone improvement cost is $120,000. Hennepin County has agreed to fund up to $140,000 for project costs. The city is responsible for preparing plans and specifications, administering the construction contract, and engineering/inspection of the project. Attachments • Resolution • Engineer's memo • Plan Sheets City of New Hope Resolution No. 15 - 85 Resolution approving plans and specifications for construction of a railroad quiet zone on Winnetka Ave (CSAR 156), and authorizing advertisement of bids for project no. 945, 2015 Winnetka Avenue Quiet Zone Improvements WHEREAS, the City Council has requested staff to pursue a railroad quiet zone on Winnetka Avenue as to the request of residents of the neighboring vicinity; and WHEREAS, a construction cooperative agreement between the city of New Hope and Hennepin County has been prepared, setting forth the scope of work, terms, and conditions for project costs; and WHEREAS, the agreement sets forth the obligations of the city of New Hope and establishes that the city of New Hope is the lead agency and is responsible for bidding the project, managing the construction, and maintaining the quiet zone; and WHEREAS, funding will be provided by the city of New Hope from the street infrastructure fund and reimbursed by Hennepin County for costs up to $140,000 as set forth in the Construction Cooperative Agreement. WHEREAS, the city's engineering firm, Stantec, has prepared plans and specifications for the project to be completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. Such plans and specifications are hereby approved. 2. That the city's engineering consultant is ordered to advertise bids for project No 945, the Winnetka Avenue Quiet Zone Improvements. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 11th day of May, 2015. 41,14, Mayor r Attest: City Clerk XSt a n te c May 6, 2015 File:193802737 Stantec Consulting Services Inc. 2335 Highway 36 West St. Pau' MN 55113 Tel: (65 i) 636-4600 Fax: (651) 636-131 ' Attention: Bob Paschke Director. of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: Winnetka Ave. Quiet Zone Improvements .., Approve Plans and Specifications; Authorize Advertisement for Bids City Project No.: 945 Dear Bob, As requested, we have prepared plans and specifications for the Winnetka Avenue Quiet Zone Improvement project. The improvements generally include milling of bituminous pavement, concrete median installation, bituminous overlay, pavement marking, signage, and pedestrian improvements (see attached pian sheets). The complete construction documents are available at City Hall for review. The total project cost for these improvements, including indirect, is estimated to be $120,000. 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 May 1 Ith Council meeting. Bids could then be received on June 16th and brought back to Council for review at the June 23rd Council meeting. The work under this contract will be completed during the summer of 2015, prior to the overlay work scheduled by Hennepin County on Winnetka Avenue. May 6, 2015 Mr. Bob Paschke Page 2 of 2 Reference; Winnetka Ave. Quiet Zone Improvements - Approve Plans and Specifications; Authorize Advertisement for Bids If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC 00. ?C'p.' Christopher W. long, P.E. Attachments: Plan Sheets Cc: Bernie Weber, Dave Lemke, Shawn Markham, John Blasiak New Hope; Adam Martinson, Chad Davison, Megan Albert - Stantec. CITY HALL BID SITE WINNETKA AVENUE v RAILROAD QUIET ZONE m srwsc�ssa�emm® snxoel9 9smav� mA me msrna'ex Doslm9w�unwcEummHwA CRM STREET 99PR0lEMfflls God MMS MAYOR Z vvb e JOHN ELDER CITY PROJECT NUMBER 945 of =. CITY OF NEW HOPE O !i_1 2015 ®i N WINNETKA AVENUE RAILROAD QUIET ZONE Z srwsc�ssa�emm® snxoel9 9smav� mA me msrna'ex Doslm9w�unwcEummHwA CRM STREET 99PR0lEMfflls God MMS MAYOR Z �°o" aid. E�a�Rxm JOHN ELDER CITY PROJECT NUMBER 945 0- O !i_1 2015 N PROJECT LOCATION 9HEEI INDEX mm mTT: sRTsr cam oTelamox rax Z srwsc�ssa�emm® snxoel9 9smav� mA me msrna'ex Doslm9w�unwcEummHwA CRM STREET 99PR0lEMfflls God MMS MAYOR Z �°o" aid. E�a�Rxm JOHN ELDER 1-SIElf5 �17T71 0- O !i_1 T96pN oAE N COUNCIIMI:MBF.R w> SERC 6 - T4 VSE OF SMfP[E CEOxxSCe. T(ON�lES A GEIfSU=IE T9E WSiBI[E Ale1 HCpffi111=A Pp6lIp:V of ImoarRnuxo lmlmEi JONATHAN LONDON COUNCILMEMBER tm Ins A-nE "s w 9oNramw mmm TgIREIs AT x9IIDLL b LD Tm, s Tmmr9T [E we;pg9p xlETx6, m ill b TIE iTSE sq cuoTrsuy 9=1lILa Aln mld KIRK McDONALD SUSAN RADER CITY MANAGER PARKS & RECREATION DIRECTOR O z STEVE SONDRALL CITY ATTORNEY VICINIIY MAP � ATHLETIC DIRECTOR U Y6alil/[! uR}h Ix1aw9n� Tq TT w— SIIl11Y INLIIIwTS9N E9! Ttl f9A11 6 YCI=1 111 YDITTr spam Tree o m AOC(IP1V9lCE wtm lleee atl4fflE ea'uxi� � Quxnr Hem wee othn�vHE= Keavn n axe srwsc�ssa�emm® snxoel9 9smav� mA me msrna'ex Doslm9w�unwcEummHwA KATHI HEMKEN MAYOR �°o" aid. E�a�Rxm JOHN ELDER CAUNCILMEMBER ANDY HOFFE COUNCILMEMBER T96pN oAE ERIC IAMMLE COUNCIIMI:MBF.R SERC 6 - T4 VSE OF SMfP[E CEOxxSCe. 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QTY OF NEW HDPE, MN snaa .. 4'� sxslmeAe tN1rRgYU NrF RAN 4 Nnneo Huewuax co->ot�N[xNNN INIETPRwk[IION CwlN•alawNaH an![TC0.0...IF oL nrr.xsa� WI.u- avfAwa�vn fsl°r ' �MCLIa Ip% IM rryeWwArTR Iwn[mwoea NLRRA9SalY imsnevrlAax • IW M Ncxnaiswe LTA'MMdIN1aL IMENLA'IIIW N]AGCIWNGOa1RAO[T Nnsfrrto gtl� QNEI PPD7ECnON CATCH BILSIN INSBLT AtiX6 ®StaRtec AFlER PAVING GLfY OF NEW HOPE, MN ERwc u c m Z Z W 7_ LLO r U C8.Q1 Subscr an Sworn to before me this 28th day of May, 2015 (Notarial Seal ary Hennepin County, Minnesota 4 gx CASSIE M. JOHNSON Notary Public -Minnesota srus", my commission Expires Jan 31.20¢0 RATE INFORMATION: 1, Lowest classified rate paid by g _ commercial users for comparable space: 2, Maximum rate allowed by law for $ 0.48599 the above matter; 3. Rate actually charged for the above $ 0.4418 16,0000 matter: Page 1 of'i Affidavit of Publication ADVERTISEMENT FOR BIDS STATE OF MINNESOTA ) Sealed Bids will be received by the (SS' City of New Hope, Minnesota, in the COUNTY OF HENNEPIN } City Hall at 4401 Xylan Avenue North, until 10 A.M., CDT, Tuesday, June 16, rDescnption: 2015, at which time they will be publicly ':�": -e ka A%en ,,e QUIZ, ZDT e opened and read aloud for the farmishing of all labor, materials, and all else noes- Amanda Dorn , being duly sworn on oath say she/he is sary for the following: and during all times herein stated has been the publisher or the Winnetka Avenue Qt1 g& Zpne In general, work consists of publishers designated agent in charge of the newspaper known as constructing a concrete median within the center of existing concrete roadway, with traffic contra], new signs, striping, Finance and Commerce (MN) truncated dome panels, sidewalk and bituminous overlay. and has full knowledge of the facts herein stated as follows: Complete digital Bidding Documents (A) The newspaper has complied with all of the requirements are available at wwwcdncom for $20 by inputting OnestCDN eBuDoc constituting qualifications as a legal newspaper, as provided 0eos9 an the website's Project by Viinrtc�,o,a and 331A.07, and other Search page. Paper Bidding Documents ap�ii: :?lt lavu'S. as il^:CrL:k'G, may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 ,B, She/He 1 lnhec stat,; on twat 1-1,c cnn tcu West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Construction Manager, Chris Long, at 0351) 604-4808. Bid Security in the amount of 5 10764530 percent of the amount of the Bid must accompany each lid in accordance with the Instructions to Bidders. hereto printed as part as it was printed and published there in the The owner reserves the right to retain English language; that it was first so published on the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the May 21, 2015 for Ltt71t;�} date anal time set for the Opening of Bids. No Bids may be withdrawn fora the subsequent dates of publications being as follows: period of 60 days after the date and time 5/21/2015 5/28/2015 set for the Opening of Bide. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and farther reserves the right to award the 0ontract And that the following is a printed copy of tit,' lower case to the best interests of the Owner, Kirk McDonald, City Manager alphabet from A to Z. both inclusive, and is hereby P y City ofNew Hope, Minnesota acknowledged as being the size tint'e kind of type used in the (Published in Finance and Commerce May 21, 28, 2015) X abc:defghijklmnopgrstuvwxyz 10764630M abcdefghiiklmnopgrstuvwxyz Subscr an Sworn to before me this 28th day of May, 2015 (Notarial Seal ary Hennepin County, Minnesota 4 gx CASSIE M. JOHNSON Notary Public -Minnesota srus", my commission Expires Jan 31.20¢0 RATE INFORMATION: 1, Lowest classified rate paid by g _ commercial users for comparable space: 2, Maximum rate allowed by law for $ 0.48599 the above matter; 3. Rate actually charged for the above $ 0.4418 16,0000 matter: Co Stantec BIDDER: Bituminous Roadways, Inc. DOCUMENT 00 41 10 BID FORM �+J� WINNETKA AVENUE QUIET ZONE PROJECT NO. 193802737 CTY OF NEW HOPE, MN MAY 2015 THIS BID IS SUBMITTED TO: City of New Hope City Hail 4401 Xylon Avenue North New Hooe, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 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 period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this B'd, 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: Addendum Date ,r f" 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 a:l federal, state, and local Laws and Regulations that may affect cost, progress, ar,d 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 oil drawings of physical conditions ',n 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 beer. identified in SC -4.06. E Bidder nas obtained and carefully studied (or accepts the consequences for not doing so; all additional or supp;ementary examinations, investigations, explorations, tests, studies, and data concem:ng 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 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 programs inc'dent thereto. F Bidder does rot consider that any further examinations, investigations, explorations, tes's, studies, or data are necessary for the de'ermination of this Bid for performcnce of the Work at the price(s) Bid and within the times and'.n accordance with the other terms and conditions of the Bidd;ng Documents. 02o15Sfantec 193902737 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. 4. 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 submi4 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 ±hat: 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 disciosed to any other Bidder or competitor prior to opening of 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 law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit or, 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 reiate 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. Nothina in this oaroarooh is intended to restrict Bidder's riahts 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 price(s) 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 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are rot guaranteed, and are solely for the purpose of comparison o` Bids, and fina: payment for all Unit Price Bid items wil be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SAWCUT CONCRETE PAVEMENT 4 REMOVE CONCRETE SIDEWALK 5 REMOVE CONCRETE PAVEMENT LS 1 IOC $ te,100 LS 1 $ Ito, L¢ Z Z $ I te, U 22. LF 522 $ —150 $ 30a15 SF 160 $J• 10 $ tp SY 320 $ 4 $ ,1�.4b0 ®20155tantec 1 193802737 0041 10-2 BID FORM No. Item Units Qty Unit Price Total Price 6 MILL BITUMINOUS SURFACE (2') SY 740 $�L $ 7 MANHOLE CASTING EA 4 $ , b $ 71,0772- 8 8 ADJUST VALVE BCX EA 2 $_ me) $ 9 AGGREGATE BASE, CLASS 5 TN l OD $ 32.50 $ 3/ 2 E)0 10 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $ 4.50 $ 450 11 TYPE SP 12.5 WEARING COURSE MIXTURE (4,B) TN 300 $ ec=ln$ 2-!A 1 A l 12 4" CONCRETE SIDEWALK SF 120 $— 1.5 $ 1. ecn 13 CONCRETE CURB AND GUTTER DESIGN 8812 LF 480 $_�5 $ 2b. � 14 4" CONCRETE MEDIAN SF 730 $ 11-:5 $ Sq 15 CONCRETE APPROACH NOSE SF 120 $ alb $ 2, I ( Cb 16 PEDESTRIAN CURB RAMP SF 100 $ ISI $ k.qf)c) 17 TRUNCATED DOME PANEL SF 32 $ $ losqL 18 SIGN PANELS TYPE C SF 18 $ E55$ 1, 4q4 19 12" STOP BAR, WHITE - EPDXY LF 44 $ .,� Cl $ ES&I2 20 4" SOLID LINE, YELLOW -EPDXY LF 730 $ L+D $1W -z 21 4" BROKEN LINE, WHITE - EPDXY LF 400 $ 0.000 $ , 40 22 PAVEMENT MESSAGE - ZEBRA STRIPE, WHITE - EPDXY SF 150 $ �I •� D $ �� _.�I D 23 SEEDING, MNDOT MIX 25-131, WITH CATEGORY 3STRAW SF 400 $ $ �, 520 BLANKET TOTAL BASE BID: $ 1271,1q 2.00 02015Siontec 193802737 004110-3 BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 15C.285, subdivision 3, or who 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. A false statement undo- oath verifying compliance with any of the minimum criteria shalt render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shat' submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, 1, John Kittlesori (typed or printed name), President (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed Bituminous Roadways, Inc. (name of the person, parfnership or corporation submitting this proposal) 1520 Commerce Drive (business address) Mendota Heights, MN 55120 r (City, State and Zip Code) representative) 1 & 11r - Date 0 2015 5ta ntec 1193802737 0041 10-4 BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and compieted and ready for Final Payment in accordance with Paragraph 14.07.6 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 provis;ons of The Agreement as to liquidated damages in the event of faiiure to complete the Work v ithin the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of th.s Bid: A. Required Bid Security in the form of 5 percent. 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!. SUBMITTED on Jun e / �R 2015. If Bidder Is: Corporation Name: Bituminous Roadways, Inc. (SEAL) Minnesota State of Incorporation: Type [General .n ss, P By: NarriO typed or p(nted): Title: President Limited Liability): General Business (Signature) John Kittleson Attest (CORPORATE SEAL) -�S•Ignc�tiifB of�oFpoFe#e§eeFetfr.�-} Business Street Address (No P.O. Box #'s): 1520 Commerce Drive - Mendota Heights, MN 55120 Phone No.: 651-686-7001 Email.: makelas@bitroads.com pax No.: 651-687-9857 020155tantec 1 193802737 0041 10-5 BID FORM T AIADocument A31 OT" -1970 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) Bituminous Roadways, Inc. 1520 Commerce Drive Mendota Heights, MN 55120 as Principal, hereinafter called the Principal, and (Here insertfill name and address or legal title of Surety) United Fire & Casualty Company 118 Second Ave SE Cedar Rapids, IA 52407 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto lHere insert full name and address or legal title of Owner) City of New Hope 4401 Xylon Ave N New Hope, MN 55428 as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount of the 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 fu11 name, address and description of project) Winnetka Avenue Quiet Zone City Project No. 9455; STANTEC Project No. 193802737 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, if 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 perforant the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of June, 2015 Bitumloems Road a s Inc. (Seal) l) (Witness) le)4fletePFire& Casualt Company k ten - Prev chf e (Surety) (Witness) -- ...__.. i (Title) Melissa M. Nordin (Seal) Attorney -In -Fact AIA Document A310Tm —1870. Copyright 0 1963 and 1970 by The American Insl!tuto of Architects. INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the . day of , before me personally appeared to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that `he_„ executed the same as his/her/their free act and deed. (Notary Seal) XIWAIA-sip CORPORATE ACKNOWLEDGMENT STATE OF r29 COUNTY OF 7?9 S5 On the 16th day of June, 2015, before me personally appeared O to me known, who being by me duly sworn, did say that he/she is the Asia Fw1T of Bituminous Roadways, Inc., the corporation described in and which executed the foregoing instrument; that helshe knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he/she signed his/her name thereto by like order (Notary ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ss COUNTY OF Anoka PAMELA MARY HAGUE NtoUq Pubft. state of Minnesota my Commission Expires January 31, 2020 On the 16th day of June, 2015, before me personally appeared Melissa M. Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attomey-in-fact of the United Fire & Casualty Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (Notary Seal) lipHOUSY LYNN SMITH NOTARY PidBW - MINNIMA IYIYYO06MJI18810M E)(PIREB M)MMI20 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, 1A Inquirles: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACMC INSURANCE COMPANY, ROCKLYN, CA Cedar Rapids, IA 5201 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNI IED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas, and FII+iAINCIAL PACIFIC INSURANCE COMPANY, a corpordattion duly orgamzeedapand existing undState of Ioer the laws of the State of California (herein YSTAivety RKS,c OR. DAVID 1 5 the Cornp 'es), and DR Riiving B RT E. rCLBMAId'f Oiquarters mNCedar 9i Sa tA1; t RAIN, i]R eMARRK ewnstitute �. PPAULSON, appoint ALAN STARKS, OR BETH N. JOHNSTON, OR DANIELLE CLEMANTS, ALL INDIViOUALLY of MINNEAPOLIS MN DR their true and lawful Attorney(s)-in Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertak ng& and other obligatory instrurnents of similar nature provided that IIo single obligation shall exceed $IOD, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed The Authority hereby granted shall expne theist day of January, 2017 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNI l Y COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & C:ASUALrY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. The President or any Vice President, or any other officer of the Companies may, from. time to time, appoint by written certificates attomeys-in fact to act in behalf of the Companies in time execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authonzed hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and boding upon the Companies with the same force and effect as though manually affixed Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto The President or my Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact otu111191'94' ,;A 11,,,,x, $IIN WTI NESS VS'HEREOF, the COMPANIES have each caused these presents to be signed by its c``'"'' a� vice president and its corporate seal to be hereto affixed fins 1st day of January, 2015 conrolln� a mneolu7E `,ynY _; UNI1TD FIRE & CASUALTY COMPANY *ems r UNITED FIRE & INDEMNI TY COMPANY 9 � ..... � FINANCIAL PACIFIC INSURANCE COMPANY �,�` 111,,,1,E 111Y1N11 n By: .1 State of I owa, County of Linn, ss: ice President On 1st day of January, 2015, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say, that he resides in Cedar Rapids, State of Iowa, that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC IN SURANCE COMPANY the corporations described u0. and which executed the above instrument, that he knows the seal of said corporations, that the seal affixed to the said inshmtent is such corporate seal, that it was so affixed pursuant to authority gives by the Board of Directors of said corporations and that he signed Ins name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations 1% Mary Bertsch Iowa idoSeal j� J� ` • num Commission number 713273 Notary Public 4W I My Commission Axpires 1ol2&2016 My commission expires 10126/2016 I, David A Lange, Secretary of UNITED FIRE & CASUALTY COMPANY sad Assistant Secretary of UNFTETJ FIRE & INDEM[NIT'Y COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICF OF SAID CORPORATIONS, and that the same are correct transcripts thereof; and of the whole of the said ongmals, and that the said Power of .Attorney has not been revoked and is now in frill force and effect In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 16TR clay of _ _ JUNE , 20 15. ,yS11H pt011111HµgI p,1'1°Gr �a�C,F1G 1NSN9Z�, S C0024A,►T�� -� O6RAORAI6� 1994 SEAL L• SU1 rykl 1/ 11,1�a.- �� 'Iy�A 111t� 4�'�h41f1111111i,1�� BPOA0045 0115 Secretary, OF&C Assistant Secretary, UF&LTPIC 5tantec THIS BID IS SUBMITI ED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hooe, MN 55428 DOCUMENT 00 41 10 BID FORM WINNETKA AVENUE QUIET ZONE PROJECT NO. 193802737 CITY OF NEW HOPE, MN MAY 2015 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 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 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: Addendum No. Addendum Date r B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site condi#ions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to a.l federal, state, and loco: Laws and Regulations that may affect. cost, progress, ana performance of the Work. D. Bidde~ has carefully studies all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and al; draw'ngs 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 it SC -4.02, and f2) 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 additiona! or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) a`, or contiguous to, the Site which may affect cost, progress, or performance of the work'or• which relate tb dny aspect of the means, methods, techniques, sequences, and procedures of construction to be erInployed Dy Bidder, •including app!y°ng the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by B'dder, and safety precautions and programs incident thereto. F. Bidder does not cons'der thdt any further examinations, investigations, explorations, tests, studies, or data are necessary for the determ±nation of this Bid for performance of the Work at the price(s) B;d and within the times and in accordance with the other terms and conditions of the Bidding Documents. 02015Stantec i 393802737 0041 30- 1 SID 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. H. 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 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 law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation concerning Bidders 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. Nathino in this oaroarooh is intended to restrict Bidders riahts 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 1.03.8 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 an actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID. 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SAWCUT CONCRETE PAVEMENT 4 REMOVE CONCRETE SIDEWALK 5 REMOVE CONCRETE PAVEMENT 4W 0112 LS 1 '70o. $ �� LS 1 �Q LF 522 $ • $ e-• / O SF 160 $ �r 7 $ / C7 �,.. IyCO 'Q too SY 320 $ 3�• $ _��+ 0 2015 Stantec 1 193802737 0041 10-2 BID FORM Item Units Qty Unit Pace Total 6 MILL BITUMINOUS SURFACE (2") 5Y 740 $�� 7 MANHOLE CASTING EA 4 $ //�� •� $' O 8 ADJUST VALVE BOX EA 2 $ _� $ 9 AGGREGATE BASE, CLASS 5 IN 100 $ 00,� 10 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $ • $ 11 TYPE SP 12,5 WEARING COURSE MIXTURE (4,B) � l 1fN 300 $r $ 311? 12 4" CONCRETE SIDEWALK 5F 120 $ $ ' � � .Q�� C�! 13 CONCRETE CURB AND GUTTER DESIGN B812 �+` LF ��Gr7480 e( 14 14 4" CONCRETE ,MED,AN Q` SF 73� 15 CONCRETE APPROACH NOSE .�� SF � 120 $ ' ' $ 60 vim -16 PEDESTRIAN CJRB RAMP G] 7r SF ~100 $ - 9�l« 17 TRUNCATED DOME PANEL SF 32 $ $3 ? �" 4 18 SIGN PANELS TYPE C SF 18 $ $ [O %O 19 12" STOP BAR, WHITE- EPDXY LF 44 $ $ Oa 20 4" SOLID LINE, YELLOW EPDXY LF 730 $ $ —230. 21 4" BROKEN LINE, WHITE- EPDXY LF 400 $ ' $ 6 ° 22 PAVEMENT MESSAGE - ZEBRA STRIPE, WHITE - EPDXY �s SF 150 $ 23 SEEDING, MNDOT MIX 25-131, WITH CATEGORY 3 STRAW& i SF 4C0 BLANKET • TOTAL BASE BID: Chir r � / 9 02015Stantec 1 193802737 004110-3 30 FORM. STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who 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. A fdls6 statement under bath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that.makes the false statement ineligible to be awarded a construction contract for the project and may result in terminationof a contract awarded to a prime contractor or subcontractor that makes a false statement: A prime contractor shall submit to the contracting. dufhority upon request copies of the signed verifications of compliance fr©m allsubcontractors of any, tier pursugmf to subdivision 3, clause 7. �j�+1(T/�ifj/L�(i� rinted name By signing this,statement, I, 0 p 1. -Vlf C�(fitle'(typed or j certify that I am an -owner or officer of the company and do verify under verify under bath that my company is in compliance with,each of the minimum criteria listed in the law. ••r� `• vim' �t' c (n¢me of the.iaeen-eor corpofa ion submitting this proposal) •�� 5...37 (Cfity; State ohd �ipCodef Signed e (Bidder or outhoriz resentative) ,,� "— Date ® 2015 Stantec 1 193802737 DO 41 10-4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for F?nal Payment in accordance with Paragraph ' 4.07.8 of the General Conditions on or before the dates or within the number of calendar days indicated it 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 sated in the Agreement. 7.01 The following docurnerts are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in th's 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 o�' 2015. Corporation Name: 2 EAL) State of Incorporation: Type (Gene IB ss, Professional, Service, Limited Liability): By: Name {typed or printed): {f' Title: ��GG�DIr O lil e.rn Q1eS Attest (CORPORATE SEAL} (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): ® 2015 Stantec 1 193802737 0041 10-5 BID FORM An ndividual A Partnershio Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email.; Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email.: END OF DOCUMENT (SEAL) 0 2015 SEaniec 1 193802737 0041 10-6 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Hardrlves, Inc. 14475 Qulram Drive Suite 1 Rogers, MN 55374 as Principal, hereinafter called Principal, and Western Surety Company 333 S. Wabash Ave. Chicago, IL 60604 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Ave North New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five percent of the total bid amount 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) Winnetka Ave Quiet Zone NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principai 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, if 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 and sealed this 16th day of June , X015 . Hardrives, Inc. _ V rincipal) (Seal) i ries Donald R. Hall (Title) Executive V.P. Western Surety Company --� A (Surety (Seal) (Witness) (Title) rome T. Ouimet,Attorrey in Fact A DOCUMENT A310- 91D BOND - AIA O - FEBRUARY 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of Minnesota )SS County of Hennepin } On this 16th day of June 2015, before me appeared Donald R. Hajl tome personally known, who, being by me duly sworn, did say that he/she is the Executive V.P. of Hardrives 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 Director4S(Lco nd that said Donald R. Hall acknowledged said instrument to be the free act and deed o rporaeon) ,{05EPH P DRESHAR v �� NOTARY PU8uC N r lic Washington County, MN MINNESOTA My commission expires 1131/20 Cysion Expires Jin. 81, 2020 SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) On this 16th day of June 2015 , before me appeared Jerome T. Quimet , to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of 3 ,�ret_.__ 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 Jerome T. ouimet acknowledged said instrument to be the free act and deed of said corporation. K� LINULVEN rtARYi'lJeruC-MfNNE50TA Notary Public Ramsey County, Minnesota My Commission Expires Janury31, 2020 My commission expires 1/31/2020 X Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, R Scott Egginton, John E Tauer, Linda K French, D R Dougherty, Jack Cedarleaf H, Kurt C Lundblad, Craig Remick, Jerome T Ouimet, Roger W Frank, Nicole Stillings, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Melinda C Blodgett, Sandra M Doze, Lin Ulven, Individually of Minneapolis, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of May, 2014. ?�tt±eryc WESTERN SURETY COMPANY = W4avagq�°�_ '1�T� gEpV {sY nwr aul T. Bruflat, Vice President State of South Dakota as County of Minnehaha On this 23rd day of May, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +` J, MOHR Lune 23, 2015 (�NorAtrr PUBLIC(SM SOUTH OAKOrA I. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the sell of the said corporation Ns16 day of June, 2015 ,yuacry WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Fonn F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. $tantec BIDDER: L)OA"lRA AL�.� DOCUM @NT 00 41 '10 BID FORM WINNETKA AVENUE QUIET ZONE PROJECT NO. '93802737 CITY OF NEW HOPE, MN MAY 2015 THIS BID IS SUBMITTED TO: City of New Hope City Flail 4401 Xylon Avenue North New Hooe. MN 55428 1.01 'he undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the foram included in the Bidding Documents to perforin oil 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. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitaton 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 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: Addendum No. Addendum Date ts' B. Bidder has visited the Site and oecome familiar with and is sotisfied as to the general, ;oval, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and 's sa'isfied as to all federal, state, and iocai maws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied aii: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and ali 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 idenfifed in. SC -4.06. Z. Bidder has obtained ar.d carefufiy studied ;or accepts the consequences for rot doing so) all add;tioncl or supplementary examinations, investigations, explorations, tests, studies, and data concerning corditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the worK or w:rich relate to any aspect of `he means, methods, techniques, sequences, ar.d p-ocedures of construction. to be empioyed by Bidder, including applying 'he specific means, :methods, techniques, sequences, cid procedures of construction expressiy required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident `hereto. F. Bidder does not consider that any further examinctions, ;nves'igoticns, explorations, tests, studies, or data are necessary for ti,e determination of th's Bid for performance of the Wor< at the;.-lice(s) Bid and withir the times and in accordance with the other teras and conditions of the Bidding Documents. 02015Stantec 1 :93802737 004110- 1 BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that re'ates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identiFed in the Bidding Documents, and ali additional examinations, investigations, explorations, tests, studies, and data with the Bidd'ng 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 wil! 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 reiating 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 C. No attempt has been made or will be made by the Bidder to induce any other person or firm to subrn't or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and al claims, of whatever nature, against Owner, Engineer and their ernpioyees 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. Nothina in this oaroaranh is intended to restrict Bidderas riahts to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following prices): All specific cash allowances are included in the price(s) 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 11.03.6 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 ali Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: MONLiZATION 2 TRAFFIC CONTROL 3 SAWCUT CONCRETE PAVEMENT 4 REMOVE CONCRETE SIDEWALK 5 REMOVE CONCRETE PAVEMENT LS 1 $ `l I -GO. $ Sk 1:�u LS 1 $�� $�<M� 522 $ 4 v 4G' $ SF 160 $ Z•SCi $ "Wo. SY 320 $ 1V. $�� 020155taniec 1 193802737 004110-2 BID FORM No. Item Untis Qty Unit Price Total Price 6 MILL BITUMINOUS SURFACE ;2"j SY 740 $ M va_ $ Am !4 7 MANHOLE CASTING EA 4 $ �v• $ 3�G�� 8 ADJUST VALVE BOX EA 2 9 AGGREGATE BASE, CLASS 5 TN i00 $ to , � $ LOW- 10 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $ $.0` $ S °` 11 TYPE SP 12.5 WEARING COURSE MIXTURE ;4,B] TN 300 $ T7 C4 $ 4 l [3t3• o 12 4" CONCRETE SIDEWALK SF 120 $ loo $ Ul 13 CONCRETE CURB AND GUTTER DESIGN B812 LF 480 $_ qfj.410 s (ill 14 4" CONCRETE MEDIAN SF 730 $ (6 $ 15 CONCRETE APPROACH NOSE SF 120 $ $_ 16 PEDESTRIAN CURB RAMP SF 100 $ $ 17 TRUNCATED DOME PANEL SF 32 $ (Z $ 'r,�� U-- 18 SIGN PANELS TYPE C SF 18 $ �15. $ __ 1D, "' 19 12" STOP BAR, WHITE - EPDXY LF 44 $ <? - 'Q $ so 20 4" SOLID LINE, YELLOW - EPDXY LF 730 _ $+� $ 21 4" BROKEN LINE, WHITE -EPDXY LF 400 r [.10� $�� $ 22 PAVEMENT MESSAGE- ZEBRA STRIPE, WHITE - EPDXY SF 150 $ 23 SEEDING, MNDOT MIX 25-131, WITH CATEGORY 3 STRAW SF 400 $ l`?. $ `1w - ca BLANKET TOTAL BASE BID: $ je2, 02015Stantec i !93802737 0041 30-3 BiD FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in .Minnesota Statutes § i 6C.285, subd'vision 3. Any prime contractor or subcontracto' who does not meet the minirr.urn criteria under Minnesota Statutes § t 6C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsi;oie contractor and is not eligible to be awarded a construction contract for 'he project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum critera shall render the prime contractor or subcontractor that makes the false statement inel;gible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. fl By signing this statement, 1, Ke -,-+ 51a -.S e +n� hyped or printed name), ,title) certify that I am an owner or officer aF the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed (name of the person, partnership or (business address) 1Cify, State and Zip submitting mis proposart 6 Date 020155tantec 1 193802737 004. 10-4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment 'n accordance with Paragraph 14.07.13 of the Genera. 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 "he following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 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 S.lpplementary Conditions. If Bidder Is: A Corporation SUBMITTED on. 2015. Corporation Name: �M-rikNAWA - —_,.,SEAL, State of Incorporation: _ 1� Az I .A 4 �A _ Ty eneral Busin s, Professional, Service, Limited Liability}: By: � a," (1 91 X A — n Name ;typed or printed}: Title: Attest {CORPORATE SEAL} Corporate secretary} Street Addrerss (iso P.C. Box #'s} • f. U 19 3 i'. •. 4 ' •. 02015Stan:ec I '93802737 0041 1C-5 Bid FORM r.Irp r= • .� CONTRACTOR: (Name; legal status and address) Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 OWNER: (Name, legal status and address) CITY OF NEW HOPE 4401 XYI.ON AVENUE NORTH NEW HOPE, MINNESOTA CI SURETY Bond No. Bid Bond SURETY:Western Surety Company SD Corporation (Name, legal status and principal place of business) 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 BOND AMOUNT: 5% FIVE PERCENT OF THE AMOUNT BID PROJECT: (Names location or address, and Project number, if any) WINNETKA AVENUE QUIET ZONE NEW HOPE, MINNESOTA This document has important legal consequences. Consultation with an attorney is encouraged with respect to fits completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, succors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shaA not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, i When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and Provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When s furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 16TH day of JUNE 2015 I Northwest Asphalt, Inc. (Principal)�n ti „ „ (Seal) Western Su (soh') / Printediun cooperation with theAmencan Institute ofArchrlects (AIA). The language In this document coaknns to the language used in AIA Document A310 - Bid Bond - 2010 EdiOfon. (Seal) CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF SCOTT On this 16TH day of JUNE , 2015 before me personally appeared Michael B. Pfeiffer to me known, who being by me duly sworn, did say that he is the President of the Northwest Asphalt, Inc., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal;' that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Notary Public —Cj(Notary Seal) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this '16TH day of JUNE , 2015 before me personally appeared Amy M. Bums to me known, who being by me duly sworn, did say that she is the aforesaid Attorney -in -Fact of the Western Surety Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors- and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. j I Notary Public AK&�O� If (No(rySeal) BARBARA t_RAEDEKE I° S NOTARY PUBUC-MINNESOTA . ` MYCOMMISSION EVVIRES 01131 20 Western Surety company POWER OF ATTORNEY APPOINTING INDrMUAL ATTORNEY-IN-FACT Know All Men By Tbese Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the.sigiature and seal herein affixed hereby make, constitute and appoint -Daniel R Boerboom, Amy M Burns, Barbara L Raedeke, Individually of Saint Louis Park, MN, its true and lawful Attorney* -in -Fact with full power and authority hereby confined to sign, seal and exec= for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In UnUmited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of October, 2014. R�� WESTERN SURETY COMPANY �(a��0, P. and T. Bra lat, Vice President State of South Dakota l JT County of Minnehaha ss On this 21st day of October; 2014, before me personally came Paul T. Brufkat, to me known, who, being by me duly sworn, did depose and say. that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows'the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i J. moHt June 23, 2015 DAKER PUBLIC11 CERTIDRTCATE L Mohr, Notary Public E L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation [itis I6TH day of JUNE 2015 'co WESTERN SURETY COMPANY 9 W,6 io L Nelson, Assistant Secretary Form F4290-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and exdcuted pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertaldngs, Powers of Attorney, or other obligations of the corporation shall be eizecuted in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such atiier officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the 'Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertaldngs in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertaldngs, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. (30 Stantn, BIDDER: MIDWEST ASPHALT CORPORATION ,DOCUMENT 00 41 10 BID FORM W;NN=TKA AVENUE QUIET ZONE PROJECT NO. 193802737 CITY OF NEW HOPE, MN MAY 2015 THIS BID IS SUBMITTED TO: City of New Hope City hall 4401 Xylon Avenue Nath New Hone, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform a 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 condit'ons of the Bidding Documents. 2.01 Bidder accepts ail of the terms and conditions of the !nstructions 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 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, rece:pt of all which is hereby acknowledged: Addendum Date B. Bidder has visited the Site and become familia-w'th and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance a- the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local yaws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (',) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and ail drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site ;except Underground Facilities) welch have been'dentified 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 soj all additional or supplementary examinations, investigations, explorations, tests, studies, and dato concerning conditions surface, subsurface, and Underground Facilities) at, or contiguous to, the Site w^ich may affect cast, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, seq:,ences, and procedures of construction to be employed by Bidder, including applying the speclf:c means, methods, techniques, sequences, and procedures of construction expressly required by 'he Bidding Documents to be employed by B'dder, and safety precautions and programs Inc'dent thereto. F. B'dder does not consider that any further exorrinctiors, investigations, explorations, tests, studies, or data are necessary for the determinatior. of t";s Bid for performance of the Work at the Price(S) B'd and within the times and in accordance with the other terms and condit°ons of the Bidding Documents. ® 2015 Stantec 193602737 004110-1 BID FORA! G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the work as indicated in the Bidding Documents. H. Bidder has 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 Documerts. Bidder has g'ven Engineer written. notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered 'n 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 wi;I submit written evidence of its authority to do business in the state where the Project is located not iater than the date of its executior, of the Agreement. 4.01 Bidder further represents that; A. i he 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 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 tine purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owners 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 car be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothina in this aaraoranh is intended to restrict Biddees richts 'o challenae a contract aursuant 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 11.03.13 of the General Conditions. Bidder acknowledges that estimated quan"fies 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 actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total rice BASE BID: 1 MOBILIZATION 2 TRAFFIC CONTROL Kt�.7_\Ti*Hi1KKrP►C+1;7 alb\�I�\l��ll 4 REMOVE CONCRETE SIDEWALK 5 REMOVE CONCRETE PAVEMENT LS 1 $ .� . LS 1 $ O O orb $ 2 LF 522 $ $ i� SF 160 $ IN. SY 320 $ z1 fLd>^Lb. 02D155tantec . '193802737 0041 10-2 BID FORM No. Item Units Qty Unit Price Total Price 6 MILL BITUMINOJS SURFACE (2") SY 740 $ 3- $ '2226. 7 MANHOLE CASTING EA 4 $ %SOO.� $ I'Dbd t� 8 ADJUST VALVE BOX EA 2 $ (dere] .� $ 2b's � 9 AGGREGATE BASE, CLASS 5 TN 100 $ D $ 1 bab '.0 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $ I $ 70ID 11 TYPE SP 12.5 WEARING COURSE MIXTURE {4,B) TN 300 $ �D • 00 $ `L . 12 4" CONCR=T= SIDEWALK SF 120 $ �� $ 168'7 '3 CONCRETE CURB AND GUTTER DESIGN B812 LF 480 a �'D •� �j � 7 ? 4'hl ' 14 4" CONCRETE MEDIAN SF 730 $ ��. r $ Sv •�� 15 CONCRETE APPROACH NOSE SF 120 $ ai - $ Z 16 PEDESTRIAN CURB RAMP SF 100 $ z� •� $ 2-L�- 17 TRUNCATED DOME PANEL SF 32 ! Sw V $ t��. 18 SIGN PANELS TYPE C SF 18 $ Poa . $ (6 •� 19 12" STOW BAR, WHITE - EPDXY LF 44 rdea $ � � $ Ea . 20 4" SOLID LINE, YELLOW - EPDXY LF 730 •�• 21 4" BROKEN LINE, WHITE - EPDXY LF 400 $ t . $ 22 PAVEMEN" MESSAGE - ZEBRA STRIPE, WHITE - EPDXY SF 150 $ S. $ i 23 SEEDING, MNDOT MIX 25-131, WITH CATEGORY 3 STRAW SF 400 $ • $ tis BLANKET TOTAL BASE BID: $ 1 ® 2015 Siantec ; 193802737 0041 1C-3 BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime con+ractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes §. 6C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and `.s not eligible to be awarded a construction contract for the project or to perform work on the project. A false statemert under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ine1gibie to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authorty upon request copies of the signed verifications of compliance from all subcorroctors of any tier pursuant io subdivision 3, clause 7. By signing f hgLatafernent, I, r s w.�_'typed or printed name;, _ jtitlej certify that! am or, owner or officer of the company and do verify under verify under oath that my company ;s in compliance with each of the minimum criteria listed 'n the law Signe MIDWEST ASPHALT CORPORATION (name of the person, partnership or corporation submitting this proposal) 6340 INDUSTRIAL DRIVE, SUITE #200 (business address) EDEN PRAIRIE, MN 55346 Q+ -+e r. -A 7,- MATTHEW J. TIMMERS VICE PRESIDENT 6/16/15 Dote ®2015Stantec 1 193802737 0041 10-4 BID FORM 6.C1 Bidder agrees that the W o,k will be Substantially Completed and competed and ready for Finai Payment in accordance with Paragraph 14.07.13 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 compete the Work within the times specified above, wh'ch 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. 8.01 The terms used in this Bid with initial capital Iefers have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: SUBMITTED on _ JUNE 16TH 2015. Corporation Name: MIDWEST ASPHALT CORPORATION (SEAL) State of Ircorporation: MINNESOTA Type ,General Business, Pr essional, Se ' e, Li ed Liability): GENERAL BUSINESS By: (ignature) Name (typed or printed): VICE PRESIDENT Title: i Attest (CORPORATE SEAL) Si re of Corporate Secretary) Business Street Adress (No P.O. Box #'s): 6340 INDUSTRIAL DRIVE, SUITE #200 EDEN PRAIRIE, MN 55346 Phone No.: 952-937-8033 :-ax No.: 952-937-6910 Email.: KSTICHA@MIDWESTASPHALT.NET 02015Staniec 1193802737 0041 10-5 BID FORM An Individual Name (typed or printed): By: (Individual's sgnature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Email.. A Partnershio Partnership Nome: By: Name (typed or printed): Fax No.: (Signature of general partner} Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email.: END OF DOCUMENT (SEAL) ®2015Stantec ! 193802737 0041 10-6 BID FORM ATA Document A310TM - 2010 Bid BOIL CONTRACTOR: "Varve, legal status and address) Midwest Ashalt Corporation P.O. Box 5477 Hopkins, MN 55343 OWNER: (Name, legal status and address) City Of Now Hope SURETY: (Name, legal status and principal place of business) Granite Re Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 BOND AMOUNT: Five Percent of the Bid Amount (5% of Bid Amount) PROJECT: CP No. 945 • Winnetka Avenue Railroad Quiet Zone (Name, location or address, and Project number, if any) Bond No. RB0061545 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where appilcable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be conued as a statutory bond and not as a common law bond. Signed and sq*ed this �5th defy Of June, 2015 CAUTION: You should sign an original AIA Contract Document, on changes w Ill not be obscured. [nit AIA Document A310TM— 2010. Copyright @1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIAe' -t is protected i. y. Cc, aw and International Treaties. unauthorized reproduction or distribution of this AIA® Document, or ,n of it, may re in se= and criminal penalties, and will be prosecuted to the maximum extent possible under the lave. / Purchasers are permitted to reproduce ter. (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org, Milo ACKNOWLEDGMENT OF PRINCIPAL (Individual) state of ) County of __ ) On this day of 4 in the year + before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that — he , executed the same. State of County of Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) } } On this day of in the year before me personally come(s) a member of the co -partnership 9 Mown and known to me to be the person who Is described in and executed the foregoing Instrument and acknowledges to me that he executed the same as for the act and deed of the said co -partnership. Notary Public el ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) County of the corporation described in and which C.l before personally come(s) and says that he is the + that he knows the seal of the said corporation; the seal afford to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his n m r. SHIRLEY MAY EIDEM NOTARY pUSUC• MINNESOTA F MyC=H3s11onFxP1res Notary Public da+uary 31,2020 ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 15th day of Jjune in the year 2015, before me personally corne(s) Jonathan Rabe. Attorney(s)-in-Fact of Granite Re. Inc, with whom I am personally acquainted, and who, being by me duly swom, says that he is (are) the AttDmey(s)-ink of Granite Re. Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affuoed by order of the Board of Directors of said company, and that he signed said instrument as Athomey(s)-in-Fact of the sal MDAEA I�ARiE QQI�rOLLi DESS N011'ARY joL M1� Notary Public GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE; WANDA FRANZ, TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES; ZACHARY PATE; TROY STAPLES its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE; WANDA FRANZ, TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES; ZACHARY PATE; TROY STAPLES may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretaryffreasurer, this 27' day of February, 2015. Elgi /� ®� Kenneth D. Whittingffin, President STATE OF OKLAHOMA ) s E A L COUNTY OF OKLAHOMA ) Kylek. McDonald, Treasurer On this 27h day of February, 2015, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. .ays� E c'p My Commission Expires: �..�n. August 8, 2017 �a Commission #: 01013257 y�`woK4` i GRANITE RF, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 15th day of June, 2015. rg AL ��, Kyle P. McDonald, Secretary/Treasurer COUNCIL a Request for Action Originating Department Approved for Agenda Agenda Section Public Works June 22, 2015 Development and Planning Item No. By:Bob Paschke, Director, Pub. Works By: Kirk McDonald, City Manager 8.3 Resolution awarding a contract with Northwest Asphalt in the amount of $102,933.30 for the construction of a railroad quiet zone on Winnetka Avenue (CSAH 156), Public Improvement Project 945, 2015 Winnetka Avenue Quiet Zone Requested Action Staff recommends Council to award a contract with Northwest Asphalt in the amount of $102,933.30 for the construction of a railroad quiet zone on Winnetka Avenue (CSAH 156), Public Improvement Project 945, 2015 Winnetka Avenue Quiet Zone Background The improvement being considered is the creation of a quiet zone at the railroad crossing north of 51st Avenue and south of Angeline Drive on Winnetka Avenue (CSAH 156). In order to establish a quiet zone, the quiet zone risk index needs to be at or below the nationwide significant risk threshold. To accomplish this, recommended supplemental safety measures (SSM) need to be implemented. The Federal Railroad Administration has a procedure in place for communities to request a quiet zone railroad crossing. To initiate the procedure, staff held an onsite diagnostic meeting on December 2, 2014, with representatives from Hennepin County, Canadian Pacific Railroad, MnDOT Railroad Administration, and City staff. The Federal Railroad Administration was not in attendance but did provide comments for the meeting. A quiet zone notice of intent will be submitted to the Federal Railroad Administration following approval of the cooperative agreement between the City and Hennepin County. The final step in the process is to send the Notice of Quiet Zone Establishment following the completion of the improvements in the fall of 2015. Council approved preparation of plans and specifications for Project 945 on April 13, 2015. Motion by Second by ' To: A�S //0 I./RFA/Pubhc Works/2015/945/945Winnetka QZ award contract Request for Action, Page 2 June 22, 2015 Winnetka Avenue is scheduled to be contract paved with an overlay in late September or early October. Construction of the quiet zone is required to be completed prior to installation of the bituminous wear course overlay on Winnetka Avenue. Council authorized plans and specifications, and ordered advertisement of bids on May 11, 2015. Bids were opened for the Project stated above on June 16, 2015. The low Bidder on the Project was Northwest Asphalt with a Total Base Bid Amount of $102,933.30. This compares to the engineer's opinion of probable costs of $95,000. Funding The engineer's cost estimate for the quiet zone improvement including construction and indirect costs is $130,000. Hennepin County has agreed to fund up to $140,000 for project costs. The city is responsible for preparing plans and specifications, administering the construction contract, and engineering/inspection of the project. Attachments E Resolution Bid Results Engineer's letter Bid tab City of New Hope Resolution No. 15 - 110 Resolution awarding a contract with Northwest Asphalt in the amount of $102,933.30 for the construction of a railroad quiet zone on Winnetka Avenue (CSAH 156), (Project 945) 2015 Winnetka Avenue Quiet Zone WHEREAS, the City Council has requested staff to pursue a railroad quiet zone on Winnetka Avenue as to the request of residents of the neighboring vicinity; and, WHEREAS, a construction cooperative agreement between the city of New Hope and Hennepin County has been prepared, and currently exists, setting forth the scope of work, terms, and conditions for project costs; and, WHEREAS, the agreement sets forth the obligations of the city of New Hope and establishes that the city of New Hope is the lead agency and is responsible for bidding the project, managing the construction, and maintaining the quiet zone; and, WHEREAS, funding will be provided by the city of New Hope from the street infrastructure fund and reimbursed by Hennepin County for costs up to $140,000 as set forth in the Construction Cooperative Agreement; and, WHEREAS, the city's engineering firm, Stantec, prepared plans and specifications for the project to be completed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: The city awards the contract with Northwest Asphalt in the amount of $102,933.30 for the construction of 2015 Project 945, the Winnetka Avenue Quiet Zone 2. The mayor and city manager are authorized and directed to sign the same on behalf of the city. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of June, 2015. Mayor Attest: City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 June 16, 2015 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Winnetka Avenue Quiet Zone City Project No. 945 Stantec Project No. 193802737 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on June 16, 2015. 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 were a total of 4 Bids. The following summarizes the results of the Bids received: Contractor Totai Base Bid Low Northwest Asphalt $102,933.30 #2 Hardrives, Inc. $122,975.14 #3 Bituminous Roadways, Inc. $127,192.00 #4 Midwest Asphalt Corporation $137,996.00 The low Bidder on the Project was Northwest Asphalt with a Total Base Bid Amount of $102,933.30. This compares to the Engineer's Opinion of Probable Costs of $95,000. 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 Northwest Asphalt should be awarded the Project on the Total Base Bid Amount of $102,933.30. Should you have any questions, please feel free to contact me at (651 ) 604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. a r A4�6� Christopher W. Long, PE Enclosure I hereby curtify that this Is an Bract Sta ntec Project Name: WinnetUra Avenue Quiet Zane reAWartion ofb ds receiwd..��_ City Project No.: 945 SEanbec Project No.: 193802737 Af - ao. Bid Opening: Tuesday, June 16, 2015 at 10 A.M., CDT Owner: City of New Hoe Minnesota L7rrh&pher W. Long LKs7se No. 47106 Bidder No. 1 Bidder No. 2 Bidder NM 3 Bidder No. 4 BID TABULATION Northwest Asphalt Hardrives, Inc. Bituminous Roadways, Inc. Midwest Asphalt Corporation DAM Unit Price Total Unit Price Total Unit Price Total Num Item Unita Qty $11,595.00 $11,595.00 BASE BID: $16,622.00 $16,622.00 $20,000.00 $20,000.00 1 MOBILIZATION LS 1 7 TRAFFIC CONTROL LS 1 3 SAWCUT CONCRETE PAVEMENT LF 522 4 REMOVE CONCRETE SIDEWALK SF 160 5 REMOVE CONCRETE PAVEMENT Sy 320 6 MILL BITUMINOUS SURFACE (2") SY 740 7 MANHOLE CASTING EA 4 8 ADJUST VALVE BOX FLA 2 9 AGGREGATE BASE, CLASS 5 TN 100 10 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 11 TYPE SP 12.5 WEARING COURSE MIXTURE (4,B) TN 300 12 4" CONCRETE SIDEWALK SF 120 13 CONCRETE CURB AND GUTTER DESIGN B812 LF 480 14 4" CONCRETE MEDIAN SF 730 15 CONCRETE APPROACH NOSE SF 120 16 PEDESTRIAN CURB RAMP SF 100 17 TRUNCATED DOME PANEL SF 32 18 SIGN PANELS TYPE C SF 18 19 12" STOP BAR, WHITE - EPDXY LF 44 20 4" SOLID LINE, YELLOW - EPDXY LF 730 21 4" BROKEN LINE, WHITE - EPDXY LF 400 22 PAVEMENT MESSAGE - ZEBRA STRIPE, WHITE - EPDXY SF 150 23 SEEDING, MNDOT MIX 25-131, WITH CATEGORY 3 SF 400 1451 Stagecoach Road STRAW BLANKET 1520 Commerce Drive 6340 Industrial Drive, Ste. 200 Shakopee, MN 55379 TOTAL BASE BID Mendota Heights, MN 55120 Eden Prairie, MN 55346 Contractor Name and Address: Phone: Fax Email: Signed By: Title: Bid Security: Addenda Acknowledged: Unit Price Total Unit Price Total Unit Price Total Unit Price Total $9,150.00 $9,150.00 $10,700.00 $10,700.00 $6,100.00 $6,100.00 $10,000.00 $10,000.00 $11,595.00 $11,595.00 $14,100.00 $14,100.00 $16,622.00 $16,622.00 $20,000.00 $20,000.00 $4.40 $7,796.80 $7.35 $3,836.70 $7,50 $3,915.00 $5.00 $2,610.00 $2.50 $400.00 $6.75 $1,080.00 $3.10 $496.00 $3.00 $480.00 $10.00 $3,200.00 $30.40 $9,726.00 $14.00 $4,480.00 $21.00 $6.720.00 $10.00 $7,400.00 $19.90 $14,726.00 $8.90 $6,586.00 $3.00 $2,220.00 $950.00 $3,800.00 $1,130.00 $4,520.00 $1,768.00 $7,072.00 $1,500.00 $6,000.00 $375.00 $750.00 $733.00 $1,466.00 $889.00 $1,778.00 $600.00 $1,200.00 $10.00 $1,000.00 $8.45 $845.00 $32.50 $3,750.00 $40.00 $4,000.00 $5.00 $500.00 $4.50 $450.00 $4.50 $450.00 $2.00 $200.00 $97.00 $29,100.00 $108.00 $32,400.00 $80.50 $24,150.00 $90.00 $27,000.00 $7.00 $840.00 $6.53 $783.60 515.00 $1,800.00 $14.00 $1,680.00 $40.90 $19,632.00 $30.89 $14,827.20 $59.00 $28,320.00 $70.00 $33.600.00 $6.75 $4,927.50 $4.26 $3,109.80 $11.50 $8,395.00 $15.00 $10,950.00 $11.50 $1,380.00 $12.76 $1,531.20 $18.00 $2,160.00 $21.00 $2,520.00 $11.00 $1,100.00 $9.71 $971.00 $17.00 $1,700.00 $21.00 $2,100.00 $66.00 $2,112.00 $37.57 $1,202.24 $90.50 $2,896.00 $55.00 $1,760.00 $55.00 $990.00 $62.00 $1,116.00 $83.00 $1,494.00 $60.00 $1,080.00 $8.80 $387.20 $14.10 $620.40 $19.00 $836.00 $9.00 $396.00 $1.21 $883.30 $1.00 $730.00 $1.40 $1,022.00 $1.00 $730.00 $1.21 $484.00 $1.95 $780.00 $2.60 $1,040.00 $1.00 $400.00 $5.37 $805.50 $5.60 $840.00 $7.40 $1,110.00 $5.00 $750.00 $0.50 $200.00 $6.53 $2,612.00 $3.80 $1,520.00 $4.00 $1,600.00 $102,933.30 $122,975.14 $127,192.00 $137,996.00 Northwest Asphalt Hardrives, Inc. Bituminous Roadways, Inc. Midwest Asphalt Corporation 1451 Stagecoach Road 14475 Quirdm Drive, Ste. 1 1520 Commerce Drive 6340 Industrial Drive, Ste. 200 Shakopee, MN 55379 Rpoers, MN 55374 Mendota Heights, MN 55120 Eden Prairie, MN 55346 952-945-1003 763-428-8886 651-686-7001 952-937-8033 952-945-1056 763-428-8868 651-687-9857 952-937-6910 lanceoOnwasphalt net estlmatinnAhardrivesinc.com makelas�bitroads oM ksticha�midwestasohalt.net Lance Gueninel Anthony E. Kieger John Kittleson Matthew 3. Timmers Project Manager Director of International Sales President Vice President Bid Bond Bid Bond Bid Bond Bid Bond 1 1 1 1 193802737-gcirab.xh BT -1 5, Stantec June 23, 2015 Mr. Lance Guentzel Northwest Asphalt 1451 Stagecoach Road Shakopee, MN 55379 Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 Re. City of New Hope, Minnesota Winnetka Avenue Quiet Zone City Project No. 945 Stantec Project No. 193802737 Notice of Award/Contract Documents Dear Mr. Guentzel: You are notified that your Bid dated June 16, 2015 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $102,933.30 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steve Sondrall Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1968 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Northwest Asphalt (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre -construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, r Christopher W. Long, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney JENSENSONDRALL -� PERSELLIN&WOODS 0 t P. A., ATTORNEYS AT LAW Real Property Law . Specialist Certified By . The .Minnesota StIft . :. 'Baz Assooieiion RLinensed is lhnaisiColoradQ ' ` "' QuedfiiedNenhaE Mediator ,under Rule 114 June 30, 2015 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Winnetka Avenue Quiet Zone City Project No. 945 Our Pile No.: 9910030 Dear Val: 8525 EDINBROOK CROSSING, SrE, 201 BROOKLYN PARK, MINNESOTA55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (763) 493-5193 www.jspv law.com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@ispwiew.com personal delivery Enclosed please find four copies of the contract with Northwest Asphalt; Inc. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificate of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. A oods Assistant City Attorney, City of New pe Enclosures cc: Steven A. Sondrall, City Attorney Bob Paschke, Public Works Director Chris Long, City Engineer July 7, 2015 Mr. Lance Guentzel Northwest Asphalt 1451 Stagecoach Road Shakopee, MN 55379 SUBJECT: Winnetka Ave Quiet Zone City Project 945 At its meeting of June 22, 2015, the New Hope City Council approved the contract with your company for project no. 945 for $102,933.30. 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 651-604-4938 if you have any questions regarding the project. Sincerely, A ILL Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Bob Paschke, director of public works Chris Long, city engineer Shawn Markham, contract manager CM ®F 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 OLLi et Winnetka Avenue QutWZone Prepared for: City of New Hope, Minnesota City Project No. 945 5i taittec gr RAC May 2015 Stantec Project �� NTS Na. 193802737 NORTHWEST July 9, 2015 Valerie Leone NORTHWEST ASPHALT, INC. Paving, Excavation and Utilities" 1451 STAGECOACH ROAD SHAKOPEE, MN 55379-2797 PHONE (952) 445-1003 FAX (952) 445-1056 www.rwwasphalt.net City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re. Winnetka Avenue Quiet Zone Bond Number: 929616580 (formerly 929616480) Our bonding company has discovered that the bond number listed on the four (4) sets of the performance & payment bonds was incorrect. Please attach these signed bond riders to each of the bond forms that the city had been issued. I'm sorry for the inconvenience that this has caused. Should you have any questions, please feel free to contact me anytime. Sincerely, Cynthia Ladzun Accounts Receivable/Contract Administration Enclosures AN EQUAL OPPORTUNITY EMPLOYER GENERAL SURETY RIDER To be attached and form a part of Type of Bond: Class A-1 Contract Bond No.: 929616580 Dated effective: 16/25/2015 (MONTH, DAY, YEAR) executed by: Northwest Asphalt, Inc_, as Principal, (PRINCIPAL) and by: Western Surety Company , as Surety, (SURETY) and in favor of : City of New Hope. (OBLIGEE) In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 6/25/2015 (MONTH, DAY, YEAR) Signed and Sealed 7/2/2015 (-MONTH, DAY, YEAR) N BY: Northwest Asphalt, Inc. PRINCIPAL Michael B. Pfeiffer, President TITLE Western Surety Company SURETY Barbara L. Raedeke, ATTORNEY-IN-FACT GENERAL SURETY RIDER To be attached and form a part of Type of Bond: Class A-1 Contract Bond No.: 929616580 Dated effective: 6/25/2015 (MONTH, DAY, YEAR) executed by: Northwest Asphalt, Inc. , as Principal, (PRINCH'AL) and by: Western Surety Company, as Surety, (SURETY) and in favor of : City of New Hope . (OBLIGEE) In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 6/25/2015 (MONTH, DAY, YEAR) Signed and Sealed 7/2/2015 (MONTH, DAY, YEAR) BY: Northwest Asphalt, Inc. PRINCIPAL Michael B. Pfeiffer, Preaideat TITLE Western Surety Company SURETY BY: O °Y Barbara L. Raedeke, ATTORNEY-IN-FACT 72917 A aCERTIFICATE OF LIABILITY INSURANCE FDA6125/201D5�1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ARID 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(les) must be endorsed. If SUBROGATION 15 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 Ileu of such endorsement(s). PRODUCER Commercial Lines - (952) 242-3100 Wells Fargo Insurance Services USA, Inc. 400 Highway 169 South, 8th Floor St Louis Park, MN 55426 CONTACONTACT PHONE AlF AtC we E -[AIL ADDRESS: INSURERISI AFFORDING COVERAGE NAIC 8 INSURERA : Regent Insurance Company 24449 INSURED Northwest Asphalt, Inc. 1451 Stagecoach Road INSURER e ; General Casualty Company of Wisconsin 24414 INSURER INSURERD: INSURER E : ' Shakopee, MN 55379 INSURER F: COVERAGES CERTIFICATE NUMBER: 9279853 RFVISION M11MRFR• See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING 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. ILTR TYPE OF INSURANCE : A S POLICYNUMBER MMI�UEFP POLICY EXP LIMIT'S X COMMERCIAL GENERAL LIABILITYA CLAIMS -MADE � OCCURMIAMAGE CC10504038 72101!14 12101!15 EACH OCCURRENCE a 1.000,000 TO RE 300 �0 PRESES Ea oco:mence S X Contraeual MED EXP (Any one person) $ 10,000 LiabllDy PERSONAL & ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPUES PER POLICY JERCaT LOC GENERAL AGGREGATE $ 2.000,900 PRODUCTS-COMPIOPAGG $ 2,000,DDO I $ QrHER; A AUTOMOBILE LIABILITY CBA05D4036 12/01/14 12/01/15 ID COEa arMB.' deent SINGES UNIT $ 1,000.DM BODILY INJURY (Per person) S X ANY AUTO ALL OWNED AUTOSAUTOS BODILY INJURY Per aaiden $ t X NONAUTOS HIRED AUTOS X AUTOS I,., I,.�acEclRdanDAMAG=_ $ S B X UMBRELLALIAB X OCCUR CCU0505037 12/1/2014 12/1/2015 EACH OCCURRENCE $ 10,00D,DDD AGGREGATE $ 10,000,000 EXCESSLIAB CLAIM&MADE OED I X RETENTION 10,000 $ WORKERS COMPENSATION PER 9TH - ANO EMPLOYERS' LIABILITY YIN ANY PROPRIE'ORIPARTNERIEXECUTIVEE.L. OFFICERIMEMBER EXCLUDED? ❑ N 1 A STATUTE ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If er DEySCR;PTION OF O OESCR:PTION os= OPERATIONS below c E,L. D;S_ASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (ACORD 101, Additional Remarks SchedLde, may be attached if more spare is required) Project: Winnetka Avenue Quite Zone The City of New Home and Stantec Consulting Services, Inc. are additional insureds with respect to General Liability as required by written contract. City of New Hope 4401 Xylon Avenue North 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 r no nwrcu name ane rogo are reglsrerea marKS Of AGUKU © 19SS-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) Client#: 6508 NORTASPI I ACORD,. CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, 6/2512015 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(les) 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 CONTACT NAME: MN -COMMERCIAL LINES PHONE 612 349-2400 FAX 612 349 2490 EXt CAI, COBB STRECKER DUNPHY & ZIMMERMANN E-MAIL 150 S FIFTH ST STE 2$00 ADDRESS: EACH OCCURRENCE $ MINNEAPOLIS, MN 55402 INSURER(S) AFFORDING COVERAGE NAIC s INSVRERA; THE BUILDERS GROUP INSURED INSURER NORTHWEST ASPHALT INC DAMAGE T rZENTED PREMISES a occ::�rance $ 1451 STAGECOACH ROAD INSURERB :; INSURERD: SHAKOPEE, MN 55379-9024 INSURER E: INSURER F: PERSONAL & ADV NJURY $ COVERAGES CERTIFICATE NUMBER! RFVISinkl NI IIUIRFR- 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 CONTRACTOR 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'CLLAIMS. LTR TYPE TYPE OF INSURANCE NSR WVD POLICY NUMBER MMILDID1YYrr MM DM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERGIAL GENERAL LIABILITY I DAMAGE T rZENTED PREMISES a occ::�rance $ MED EXP (Any one Person $ CLAIMS -MADE D OCCUR PERSONAL & ADV NJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S POLICY PES LOC AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALLOV41NED SCHEDULED AUTOS AUTOS BODILY NJURY(Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident S UMBRELLA LIAB Ll OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTIONS _ $ _ NIA A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICEWMEMBEREXCLUDED? � D7O01363 2/01/2014 12/01/201 X WC STATU- CTrI- ' ' E.L. EACH ACCIDE\T $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $11,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Winnetka Avenue Quiet Zone 1 New Hope MN City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 ACORD 25 (2010105) 1 of! #S7204951M651848 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 ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AMW DOCUMENT 00 91 13 ADDENDUM 1 WINNETKA AVENUE QUIET ZONE CITY PROJECT NO. 945 PROJECT NO. 193802737 NEW HOPE, MINNESOTA June 15, 2015 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.whiteQstantec.com as soon as you receive it. Company Name 0 2015 Stantec 1 193802737 �r ADDENDUM 1 009113-1 SECTION 01 14 00 - WORK RESTRICTIONS 1. A question was asked by a potential Bidder if flagging and observation is required by the railroad owner. A. Flagging and observation is required to be coordinated and paid for by the Contractor as detailed on Page 01 14 00-1, Paragraph ' .03.B. LIST OF ATTACHMENTS None END OF DOCUMENT ADDENDUM ® 2015 Stantec 1 193802737 0091 13-2 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. r Christopher W. Long, P.E. Date: May 20,2015 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS 02015 Stantec 1193802737 0001 05-1 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 Contracting Requirements 00 52 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 1400 Work Restrictions 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 5000 Temporary Facilities and Controls 01 5713 Temporary Erosion and Sediment Control 01 7000 Execution Requirements Division 02 - Existing Conditions 0241 13 Selective Site Demolition Division 03 to 30 - Not Used Division 31 - Earthwork 31 2300 Excavation and Fill 31 2313 Subgrade Preparation Division 32 - Not Used 3211 23 Aggregate Base Courses 32 12 01 Flexible Paving for Municipal Projects 32 13 14 Concrete Walks Medians & Driveways 32 16 13 Curbs and Gutters 32 17 23 Pavement Markings 32 92 00 Turf and Grasses TABLE OF CONTENTS 0 2015 Stantec 1 193802737 0001 10-1 Division 33 - Utilities 33 05 17 Adjust Miscellaneous Structures Division 34 to 49 - Not Used END OF SECTION TABLE OF CONTENTS © 2015 Stantec 1 193802737 0001 10-2 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, June 16, 2015, 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: Winnetka Avenue Q111let Zone In general, Work consists of constructing a concrete median within the center of existing concrete roadway, with traffic control, new signs, striping, truncated dome panels, sidewalk and bituminous overlay. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN eBidDoc #3909099 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, Chris Long, at (651) 604-4808. 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 0 2015 Stantec 1 193802737 ADVERTISEMENT FOR BIDS 0011 13-1 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 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 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. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 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 QuesfCDN'S projects for Addenda or other additions or revisions to the Bidding Documents through the Bid 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 nr other harmful coding. INSTRUCTIONS TO BIDDERS ® 2015 Stanter 1193M9737 0021 13 - 1 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. 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 4.0I .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. INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1193802737 00 21 13 - 2 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. 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; INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1193802737 0021 13-3 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 prices) 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 I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 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. INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193802737 0021 13-4 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 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 INSTRUCTIONS TO BIDDERS ®2015 Stantec a 193802737 0021 13-5 Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION .OF BID 13.01 The Bid Form is included with the Bidding Documents. 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 contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193802737 0021 13-6 qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; 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. 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. 14.02 Completion Time Comparisons A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before nr after the desired date appearing in Article 9 above. Eli [a]1141&2W111Vr,1Yif_1t*727h. 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 mall 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. © 2015 Stantec 1 193802737 INSTRUCTIONS TO BIDDERS 0021 13-7 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 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 Total Base Bid. 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. 0 2015 Stantec 193802737 INSTRUCTIONS TO BIDDERS 0021 13-8 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. 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. END OF SECTION C 2015 5tantec 193802737 0021 13-9 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. None Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2015 Stantec 193802737 0031 00-1 Stantec BIDDER:CZrI DOCUMENT 00 41 10 BID FORM WINNETKA AVENUE QUIET ZONE PROJECT NO. 143802737 CITY OF NEW HOPE, MN MAY 2015 THIS BID IS SUBMITTED TO: City of New Hope 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 into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated In the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 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 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: Addend€fm No. Addendgm Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work, C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1 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 sof 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 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 programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. Q 2D15 Siantec 193802737 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. H. 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 wriiten 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 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 law 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. Nothina in this oaraaraoh is intended to restrict Bidder's riahts 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 price(s) 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 11.03.8 of the Genesi 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 actucl quantities provided, determined as provided in the Contract Documents. No. Hem Units Qty . Unit Price Total Price BASE SID: 1 MOBILIZATION LS 1 $ �^ $ 2 TRAFFIC CONTROL LS } $_ 3 SAWCUT CONCRETE PAVEMENT LF 522 $ LV . Lkl* $ 'L 1A �o ' 4 REMOVE CONCRETE SIDEWALK SF 160 $ 2 St7 $ ►'%o, 5 REMOVE CONCRETE PAVEMENT SY 320 $ $,o-- ® 2015 Stantec 193802737 0041 10-2 BID FORM No. Item Units Qty Unit Price Total Price 6 MILL BITUMINOUS SURFACE (2'1 SY 740 $ o $ ra 7 MANHOLE CASTING EA 4 $ ��• $ _ 3Sit7t7 . �� 8 ADJUST VALVE BOX EA 2 $ ` $ _ -1-50 .7 9 AGGREGATE BASE, CLASS 5 TN 100 $ 1C7 $ 10 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 $.®`� $JQ..o. 11 TYPE SP 12.5 WEARING COURSE MIXTURE (4,B) TN 300 $� •Q $ 2.� lOC1 a 12 *'CONCRETE SIDEWALK SF 120 $__-,a_ _ .Z $ 13 CONCRETE CURB AND GUTTER DESIGN B812 LF 480 $ 9 d $ 14 4" CONCRETE MEDIAN SF 730 $ S $ 15 CONCRETE APPROACH NOSE SF 120 $� S� $�Q� 16 PEDESTRIAN CURB RAMP SF 100 $ 1°a _ $_ 17 TRUNCATED DOME PANEL SF 32 $ ��p $!. 18 SIGN PANELS TYPE C SF 18 $ $,a 19 12" STOP BAR, WHITE - EPDXY LF 44 $ • g� $'0 20 4" SOLID LINE, YELLOW - EPDXY LF 730 $ s. 3v 21 4" BROKEN LINE, WHITE - EPDXY LF 400 �.i.� $ . _ $ 22 PAVEMENT MESSAGE - ZEBRA STRIPE, WHITE -EPDXY SF 150 $� 23 SEEDING, MN DOT MIX 25-131, WITH CATEGORY 3 STRAW SF 400 $ BLAN K ET TOTAL BASE BID., $(—!)3.30 02015Siontec 143802737 004110-3 BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who 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. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, f1 e'L+a-�5 h4 jtyped or printed name), C -. at'e*4 e. (.fitlej certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed name of the person, ,partnership or coTp4[t]fioll submitting this proposal) (business (City, State Date ® 2015 Stantec 1 193802737 0041 10-4 BID FORM 6A1 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14,073 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 ore attached to and made a condition of this Bid; A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with Initial capital lelfers have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is; SUBMITTED on (a– II 0 2015. Corporation Name. t– V t �jSEAU .. 1 State of Incorporation: I X 1 0,1a--AN_'VU Ty�alBusis, Professional, Service, AN L'Fability): By: j I %A C4 Name (typed or p(nted); Title: " " Attest (CORPORATE SEAL) Sig Corporate Secretary) Street Ad1Qss (No P.O. Box # { F & 2015 51imtec 1143802737 0041 10-5 BID FORM �/:;* If + CONTRACTOR: (Name,14W status and address) Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 OWNER: (Name, legal status and address) CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA OVASURETY Band No _ Bid Bond SURETY:Western Surety Company SD Corporation (Name, legal status andprincipal place of business) 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 BOND AMOUNT: 5%, FIE PERCENT OF THE AMOUNT BID PROJECT: (Name, location or address, and Project number, if any) WINNETKA AVENUE QUIET ZONE NEW HOPE, MINNESOTA This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof- or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days_ If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom snd provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 16TH day of TUNE 2015 (Witness) (Witness) Northwest Asphalt, Inc. (Pr*),-ff -).'I A (Seal) ' r -i- Western E ,% i►"r` (Surety) (27t1e) Achy M. Printed in cooperation wFth the American Institute ofArchilects (AIA). The language In this document conforms to the language used In AIA Document A310 - Bid Bond - 2010 Edition. , Attorney-in-Fagt CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF SCOTT On this 16TH day of JME -, 2095 before me personally appeared Michael B. Pfeiffer to me known, who being by me duly sworn, did say that he is the President of the Northwest Asphalt, Inc., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. CYNTHIA LADUN Notary Public Notary Public C. -I -b' State of Minnesota (Notary Seal) ,a,., MyCommissionExpires i s L �. January 31. 2017 Wim. ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 16TH day of JUNE , 2015 before me personally appeared Amy M. Bums to me known, who being by me duly sworn, did say that she is the aforesaid Attomey-in-Fact of the Western Surety Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public ON (Not'ary Seal) BARBARA L RAEDEIENOMPUSUC•M1NIT:507A MY COMMISSIONEXPIRES D1191jPC10 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Snow All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation s having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Daniel R Boerboom, Amy M Burns, Barbara L Raedeke, Individually of Saint Louis Park, MN. its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertaldngs and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pnrsuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of October, 2014. WESTERN SURETY COMPANY x—J.- p4y°'qqr EAV Ar aul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 21st day of October, 2014, before me personally came Paul T. Brutlat, to me known, who, being by me duly swum, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires d Mom -- �HCiCAiIY Pusuc . Fine2�, �fil� SQttTFt LEAIGO;A t J. Mohr, Notary Public CERTIFICATE I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is stili in force, and further certify that the BY -Law of the corporation printed on the reverse hereof is, still in farce- In testimony whereof I have hereemto subscribed 16TH of JUNE 2015 my name and affixed the seal of the said corporation this day ,- WESTERN SURETY COMPANY �o L on, Assistant Secretary Fors F4280-7-2012 Authori7� By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and exdcuted pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertaldngs, Powers of Attorney, or other obligations of the corporation shall be. eaceeuted in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys is Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation_ The signature of any such officer and the corporate seal may be printed by facsimile. SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the Cily of New Hoe Minnesota (hereinafter called Owner) and Northwest Asphalt (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: constructing a concrete median within the center of existing concrete roadway, with traffic control, new signs, striping, truncated dome panels, sidewalk and bituminous overlay. 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: Winnetka Avenue Quiet Zone 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 Substantial Completion and Final Payment A. The Work will be substantially completed on or before August 28, 2015, and completed and ready for f=inal Payment in accordance with Paragraph 14.07 of the General Conditions on or before October 30, 2015. 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 AGREEMENT FORM 0 2016 Stantec 143802737 005210-1 time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $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 One Hundred Two Thousand, Nine Hundred Thirty - Three Dollars and Thirty Cents ($102,933.30) for the Total Base Bid, 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 6.02.A1 and 6.02.A2 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 14.02.65 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. kA © 2015 Stantec 193902737 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 reliab!e "technica! data." E. 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. AGREEMENT FORM 0 2015 Stantec 193802737 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9- CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, 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: Winnetka Avenue Quiet Zone. 7. Addendum No. 1. 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. © 2016 Stantec 193802737 00 512 1 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 oxocufion; 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. AGREEMENT FORM 0 2015 Stantec 143802737 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 June 25 Date of the Agreement). Owner: Attest:&4Lp Designated Representative: Name: KI KK MCDONALD Title: _ Address: 4 .,,0AVE1Y 111-1 A �, -INC;U� Phone: -5 i 00 2015 (which is the Effective Contractor: Northwest Asphalt QBV: \PJ.e.-4, , ect Manager Attest: Cyntho Ladzun - Contract Administrator Address for giving notices: 1451 Stagecoach Road Shakopee, MN 55379 License No.: IR 652 332 (Where Applicable) Designated Representative: Name: Lance Guentzel Title: Project Manager Address: 1451 Stagecoach Road Shakopee, MN 55379 Phone: 952-445-1003 Facsimile: 952-445-1056 END OF SECTION AGREEMENT FORM 0 2015 Stantec 1 193802737 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 OWNER (Marne and Address): City of New Hope 4401 Xylon Avenue North SURETY (Name, and Address of Principal Place of Business): Western Surety Company 333 S. Wabash Avenue Chicago, EL 60604 New Hope, MN 55428 CONTRACT Effective Date of Agreement: .tune 25, 2015 Amount: One Hundred Two Thousand Nine Hundred Thirty Three and 30/100 Dollars ($102,933.30) Description (Name and Location): Winnetka Avenue Quiet Zone for the City of New Hope, MN BOND Bond Number: 929616480 Date (Not earlier than Effective Date of Agreement): June 25, 2015 Amount: One Hundred Two Thousand Nine Hundred Thirty Three and 301100 Dollars ($102,933.30) 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 Northwest Asphalt, Inc. (Seal) Contractor's Name and Corporate Seal By: 3 Signature Michael B. Pfeiffer Print Name President Title Attest: S ignature Kent Secretary Title SURETY Western Surety Com an(Seal) Surety's a and Corporate Seal e By: Signature ( ch ower of Attorney) Barbara L. Raedeke Print Name Attorney -in -Fact Title Attest: AOC14-4 Signature Witness Title Note: Provide execution by additional parties, such as joint venturers, if necessaq. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 t.3.13 Page 1 of 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 2(} 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 Band (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. Fl. 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) Wells Fargo Insurance Services USA, Inc. Surety Agency or Broker: 400 Highway, 169 South 8th Floor St. Louis Park, NM 55416 Owner's Representative (Engineer or otherparty): 952-242-3100 E1C1DC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 3 of 3 CORPORATE ACKNOWLEDGMENT STATE OF Minnesota COUNTY OF Scott On this 25th day of June, 2015 before me personally appeared Michael B. Pfeiffer and Kent Skonseng to me known, who being by me duly sworn, that he/she is the President and Secretary of the Northwest Asphalt, Inc., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. CYNTHIA LAG, Notary Public -P-44A ki 'n doz!71 +� s Notary Public State of Minnesota otary Sea[) My Commission Expires ,lonuory 31, 2017 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 25th day of June, 2015 before me appeared Barbara L. Raedeke to be known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney -in -Fact of the Western Surety Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, (Notary S 1) KESHA N GHEENE 4 NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES Mill Western surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Snow All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Fats, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Daniel R Boerboom, Amy M Burns, Barbara L Raedeke, Individually of Saint Louis Park, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21 st day of October, 2014. �NEWESTERN SURETY COMPANY � �o w; ul T: B uflat, Vice President State of South Dakota County of Minnehaba ss On this 21st day of October, 2014, before me personally came Paul T. Bruflat, to= known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; tbat he knows'the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + + J. Mose. June 23, 2015(RSo "QTm � V0'8L'01Aq DAKOTA + + CERTIFICATE (LM�XA-�� 7. Mohr, Notary Public % L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By Law of the corporation printed on the reverse hereof is still in force- In testimony whereof I have hereunto subscribed my amara and affixed the seal of the said corporation this _SZ� day of �s WESTERN SURETY COMPANY .S irk% A L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be ekecuted in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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 Northwest Asphalt, Inc. Business): 1451 Stagecoach Road Western Surety Company Shakopee, MN 55379 333 S. Wabash Avenue OWNER (Name and Address): Chicago, II, 60604 City of New Hope 4401 X lon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: June 25, 2015 Amount: One Hundred Two Thousand Nine Hundred Thirty Three and 301100 Dollars ($102,933.30) Description (Name and Location): Winnetka Avenue Quiet Zone for the City of New Hope, MN BOND Bond Number: 929616480 Date (Not earlier- than Effective Date of Agreement): June 25, 2015 Amount: One Hundred Two Thousand Nine Hundred Thirty Three and 301100 Dollars ($102,933.30) 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 _Northwest Asphah, Inc. (Seal) Contractor's Name and Corporate Seal By: Signature Michael B. Pfeiffer Print Name President Title SURETY Western Surety Company (Seal) Surety's Name and Corporate Seal By: tgnature ( c P wer of Attorney) Barbara L. Raedeke Print Name Attorney -in -Fact Title Attest: I Attest: �,a C-- k Signature Kent eng Signature Secretary Title Witness Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EiCDC C-615 Payment Band (2007) Prepared by the Engineers Joint Contract Documents Committee. __. 00 6113.16 Page 1 of 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 Iast 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 13.16 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 Iabor, 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, nr to perform and complete nr ntht-rwicP comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Wells Fargo Insurance Services USA, Inc. Surety Agency or Broker: 400 Highway 169 South, 8th Floor Owner's Re resentative): or other): En St. Louis Par MN 55426 ( g 952-242-3100 EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of CORPORATE ACKNOWLEDGMENT STATE OF Minnesota COUNTY OF Scott On this 25th day of June, 2015 before me personally appeared Michael B. Pfeiffer and Kent Skonsena to me known, who being by me duly sworn, that he/she is the President and Secretary of the Northwest Asphalt, Inc., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. CYNTHIA LADZUN Notary PublicC4L . y g Notary Public State of ()(Notary Seal) Minnesota My Commission Expires January 31, 207 7 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 25th day of June, 2015 before me appeared Barbara L. Raedeke to be known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney -in -Fact of the Western Surety Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, (Notary Seal) r.� . v .r .r..W.r.r 1Yr.n.vra•rr rv� - A-F"!*h. KESHA N GREENE �-` NOTARY PUBLIC -MINNESOTA NIMY COMMISSION EXPIRES 1131A7 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Snow All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty organized and existing corporation having its principal office is the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Daniel R Boerboom, Amy M Burns, Barbara L Raedeke, Individually of Saint Louis Park, MN, its true and lawful Attorney(s)4n-Factwith full power and authority hereby conferred to sign, seal wad execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and coufumed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. Im Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of October, 2014. E WESTERN SURETY COMPANY O peog4r�b= =Ni6 s+.qi Vs •s�.Ab ArPaul T. Bzuflat, Vice President State of South Dakota County of Minnehaba I ss On this 21 st day of October, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux ,Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + J. moffit NOTARY PUULIC SOUTH DAKOTA $ J. Mohr, Notary Public CERTTFICA.TE 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my nacre and affixed the seal of the said corporation this 9% S��4 day of TM WESTERN SURETY COMPANY Form F428U-7 2012 L Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertalangs, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertaldngs, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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 t�M ..7G COUNCIL ON ENG1 LLA COMM L 1 am" l Ar American SocietyM— >aia�a[:��e�cy oil ecf0sslonal Engineers of Civil Engineers ftftwtaear ft11 ora rR PHwte Pracuse 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 10 CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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 (EJCDC C-800, 2007 Edition). Copyright C 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 ,w",w.nspe.or American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www. aces, ori American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.olg Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.agc.org 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 C 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 ................. 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................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 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 Article 7 - 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 EdCDC. All rights reserved. Paste u 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............................................................................................. 41 10.01 Authorized Changes in the Work............................................................ ........................ 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................................................... 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 ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 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. Page Hi 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 Article 16 — 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 C 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Pace 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. Page 1 of 62 00 72 05 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. F TCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 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 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. Paee 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. Page 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.B 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. Page 5 of 62 007205 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 amd 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 007205 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 EdCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 7 of 62 001,205 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 vrovided 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 he otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved Pace 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: I. 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 m 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 9 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 fimiish 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: 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 8 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 (P 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paive 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: 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 d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 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 EJCDC C-700 standard General Conditions of the Construction Contract Copyright 0 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. Paee 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 Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either parry 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 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 V 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 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.H 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 5.0l.B, 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.B 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. Page 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. 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: EdCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page 17 of 62 007205 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. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pnee 1S 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: 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. Page 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 5.07.13 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-780 standard General Conditions ofthe Construction Contract Copyright C 2007 National society of Professional Engineers for EJCDC..A,li rights reserved. Paee 21 of 62 00 72 05 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 parry'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. Paue 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. 1. "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 C 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 fimctioning 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 fiunctions 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; EJCAC C-700 Standard General Conditions of the Construction Contract Copyright (Y 2007 National society of ProfessionaI Engineers for EJCDC. All rights reserved. Paee 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.B. 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. Paze 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 Expertise: 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.B), 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 nwn aetc 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, 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 infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the 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 52 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 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. 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 Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for 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.E 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. PaEe 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. EdCDC C -70D Standard General. Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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. Engineers 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 EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for ErCDC. All rights reserved. Pace 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. Ali rights reserved. Page 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 34 of 62 00 72 05 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 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 (b 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 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 Q 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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.B. 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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 Q 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved Pnee 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- rlata of the Pvtmt giving rise to the issues referenced for the purposes of Paragraph 10.05.B. 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. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EdCDC. Ali rights reserved. Paze 40 of 62 007205 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 sbould he 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 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 t 2007 National Soeiety 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 10.01.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. Pam 42 of 62 00 72 05 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 it 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 I1.0l.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 EdCDC. 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 fiends 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. 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. Palle 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.13), 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 Contract Documents to purchase and maintain. 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 11.0 LA. I or specifically covered by Paragraph 11.0I.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. 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 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. Contractors 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-740 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I LOLA 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. An 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 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: 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 12.01.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 12.01.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 12.01.Q. C. Contractors 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 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 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 12.01.C.2.a and 12.0i.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 11.01.A.1 and 11.01.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:O1.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 12.0t.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 perfomnance 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 by Contractor on or in connection with any other project or anticipated project. 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 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 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 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.D below; F,JCDC 0-700 StaKdard General t ondifiofis of the constrrac:tiore Contract Copyright ® 2407 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 007205 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional EngiDeers for EdCDC. Ali rights reserved. Page 51 of 62 00 72 05 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. 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 C 2007 National Society of Professional Engineers for EJCDC. Ali 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: 1. 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 refusing 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 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.D) 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 fiunishing 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. Pace 56 of 62 00 72 05 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. AN rights reserved. Paee 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 hnnd nr 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. Pave 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 0 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 itc 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 Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 60 of 62 00 72 05 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 5.0l.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): 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; 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 (KD 2007 National Society of Professional Engineers for EJCDC. All rights reserved, Pace 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: 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 (D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 I. 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. F TCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Paee 63 of 62 00 72 05 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 some as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: All Work, including restoration. 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 Delete Paragraphs 4.02.A and 4.02.13 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC -4.06 Delete Paragraphs 4.06.A and 4.06.8 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. SUPPLEMENTARY CONDITIONS 0 2015 Stantec 193802737 007305-1 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 5.04.8: 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: 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 5.04.6.4 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 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. Additional types and amounts of insurance required by Owner a. Railroad Protective Liability Insurance a. Each Accident $2,000,000 b. Aggregate $6,000,000 © 2015 Stantec 1 193802737 SUPPLEMENTARY CONDITIONS 007305-2 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 c. Canadian Pacific Railway. d. Soo Line Railroad. 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.A1 through 5.06.A7. 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.A7: 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 5.06C of the General Conditions. SC -5,06 Add the following new paragraph immediately after Paragraph 5.06.E: F. Contractor shall purchase and maintain during the entire construction period a Railroad Protective Liability Insurance Policy issued in the name of Canadian Pacific Railway and Soo Line Railroad with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A copy of the insurance certificate must be provided to Canadian Pacific Railway Company before they sign the permit. In lieu of this coverage, Contractor may participate in the Canadian Pacific Railway Company's Blanket Railroad Protective Liability Insurance Policy. 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 SUPPLEMENTARY CONDITIONS © 2015 Stantec , 193802737 007305-3 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. 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." 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 7 - OTHER WORK AT THE SITE ARTICLE 8 - OWNER'S RESPONSIBILITIES 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: i. 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 SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193802737 007305-4 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. 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 ®2015 Stantec 1 193802737 SUPPLEMENTARY CONDITIONS 007305-5 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, 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 dopies 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. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193802737 00 73 05 - 6 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. 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.E 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-11.01.A.5.c Delete Paragraph 11.0l .A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof 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. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the SUPPLEMENTARY CONDITIONS ® 2015 Stantec 1 193802737 007305-7 changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC -1 1.03 Delete paragraph 11.03.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 12.01.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 -14.0235 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 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 © 2015 Stantec 193802737 SUPPLEMENTARY CONDITIONS 007305-8 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 statue 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 (including 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. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION 0 2015 Stantec 1 193802737 SUPPLEMENTARY CONDITIONS 007305-9 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. Winnetka Avenue Quiet Zone for the City of New Hope, Minnesota, City Project No. 945 B. Description of Work; Project consists of the construction of concrete median, sidewalk alterations, and bituminous overlay. 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. The contractor shall coordinate and pay for railroad flagging during all times required by the railway owner. 2. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are shown on the Drawings and shall be removed upon completion of Work. 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 driveways and entrances clear and available to the public and to the Owner. 5. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Construction access shall be from the road right of way. SUMMARY 0 2015 Stantec 1 193802737 01 1000-1 2. Working Hours: Per City ordinance, the contractor shall only work between 7 A.M. and 9 P.M., Monday through Friday, and between 9 A.M. and 9 P.M. on Saturday, unless given written permission by the City to perform work outside of these hours. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 0 2015 Stantec 193802737 SUMMARY O1 1000-2 SECTION 01 14 00 WORK RESTRICTIONS PART 1 GENERAL 1.01 Summary A. Section Includes 1. Describes interim treatment 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 WORK RESTRICTIONS A. Refer to the Agreement for Substantial Completion Dates. B. The Contractor shall coordinate and pay for all railroad flagging required by the railroad owner. C. Maintain one lane of traffic in each direction at all times. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION 02015 Stantec ! 193802737 01 1400-1 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PARTi GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, 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 © 2015 Stantec 1 193802737 01 2000-1 SECTION 01 31 UD 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 nn the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: CenterPoint Energy. b. Telephone/Cable: Comcast, Centuryl-ink, Access Communications, Arvig, Others. 7. Railroad: Soo Line Railroad C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with the provisions of the following permits: 1. Soo Line Railroad Right of Way Permit. 2. Hennepin County, Work in Right of Way permit. B. Apply for, obtain, and comply with the provisions of the following permits, for which the Owner will waive the permit application fee: 1. City Building Permit. C. 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. PROTECT MANAGEMENT AND COORDINATION © 2015 Stantec 1 193802737 013100-1 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. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION 0 2015 Stantec 1193802737 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. PANT 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. Prepare schedules on 11 inch 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. © 2015 Stantec 1 193802737 SUBMITTAL PROCEDURES 01 3300-1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 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 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit PDF digital copies of shop drawings. 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. E. 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. 0 2015 Stantec 193802737 SUBMITTAL PROCEDURES 01 3300-2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. END OF SECTION SUBMITTAL PROCEDURES © 2015 Start— , 193802737 01 3300-3 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 10 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. 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 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. TEMPORARY FACIUTIES AND CONTROLS © 2015 Stantec 1 193802737 015000-1 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Lane closure plans shall be submitted by the Contractor to Hennepin County for review. B. 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. C. 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 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 143802737 01 5000-2 not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 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. B. Temporary Water for Construction T. Use of new or existing hydrants is prohibited, except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the Owner. 3.04 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. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.06 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 MMUTCD. 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. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193802737 01 5000-3 Construction Staging Plan 1. 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 alterations 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 11 feet will be maintained at all times. c. 2 -way traffic (T Ione 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 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. 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. i. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light i. 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 J1318. 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. TEMPORARY FACILITIES AND CONTROLS OO 2015 Stantec 1 193802737 01 5000-4 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. 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 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. 3.07 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 postholes, 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. END OF SECTION © 2015 Stantec 1 193802737 TEMPORARY FACILITIES AND CONTROLS 01 5000-5 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? '"Yes F. Nb Do any devices need repair? i - Yes : No Were all replaced or repaired? F Yes !! No 2. Are any lights (flashers, etc.) not functioning? r-; Yes F1 No Were they all replaced or repaired r , Yes F1 No 3. Are any devices improperly placed? "-Yes No Were all positions corrected? F Yes 71 No 4. Do any devices need cleaning? '_.Yes , No Where all devices cleaned? ; Yes No ADDITIONAL COMMENTS: The above check was completed by on: at: (time) (name / title) AM Cj PM 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. i.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Worts and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesoto Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2130- Application of Water for Dust Control. 2. 2573 -Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. .04 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. .05 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. 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 TEMPORARY EROSION AND SEDIMENT CONTROL 0 2015 Stantec 1 193802737 015713-1 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. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. 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. F. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced (MS). 2.02 HYDRAULIC EROSION CONTROL PRODUCTS A. Conform to MnDOT Spec. 3884. B. Type Hydraulic Mulch C. Type Bonded Fiber Matric (BFM), 100 -percent wood fiber mulch. 2.03 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.04 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. 3. Rock Log: a. Conform to MnDOT Spec. 3897.2.G. b. Rock 3/4 to 1-1 /2 inches crushed or natural rounded aggregate. 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 OO 2015 Stantec 1 193802737 01 5713-2 C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. 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. Silt Fence: Conform to MnDOT Spec. 2573.3.3 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Storm Drain Inlet Protection 1. 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, NPDES permit, and as follows: 1. 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 0 2015 Stantec 1 193802737 015713-3 3. 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. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. 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. 6. Floatation silt curtain shall remain in place until such time that water contained within is free from turbidity: a. The curtain shall be removed within 72 hours after this determination has been made. b. At the completion of the Project, the floatation silt curtain shall be removed in such a manner so as to minimize release of sediment adhering to the turbidity curtain. B. Maintenance: Conform to Mn DOT Spec. 2573.3.K 1. If an erosion control device has been reduced incapacity 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 0 2015 Stantec ' 193802737 015713-4 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1 ►a►a�: 1 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. All 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 Wnrk i.,ntil the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 0 2015 Stantec 1 193802737 EXECUTION REQUIREMENTS 01 7000-1 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, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. 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. Coordinate space requirements and installation of mechanical and electrical work indicated on Drawings. Follow routing shown for pipes, ducts, and conduit; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. E. Mount individual units of work at industry recognized standard -mounting heights for the particular application indicated, where mounting heights are not indicated. F. Conceal pipes, ducts, and wiring within the construction in finished areas, except as otherwise indicated. Coordinate locations of fixtures and outlets with finish elements. G. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 EQUIPMENT VARIATIONS A. Contractors are advised that because of manufacturer's variations in equipment design changes from Drawings in piping arrangement and layout, electrical and control from Drawings in piping arrangement and layout, electrical and control circuitry, and related dimensions of equipment foundation and anchorage details, may be required for equipment installations. B. Equipment requiring minor deviations in the system layout, such as minor piping revisions, will be acceptable; however, the Contractor shall include all costs associated with the deviation in their Bid. Should the deviation require revisions in the design of the facility, the Contractor shall reimburse the Owner for the cost of any redesign. C. Electrical and mechanical piping, conduits, and ducts are shown schematically and shall be located by the Contractor to avoid any conflicts. Contractor shall coordinate work of all subcontractors and make minor relocations as necessary at no change to the Contract Price. 3.04 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. EXECUTION REQUIREMENTS © 2015 Stantec 1 193802737 01 7000-2 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. 3.05 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. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.06 FINAL CLEANING A. Wash and polish all glass surfaces. B. Dust, vacuum, wash, and clean all spaces, duct work, light fixtures, equipment, electrical work, and all other components of the Work. Remove all stains, dust, and dirt. C. Wash, clean, and sterilize plumbing fixtures. D. Replace burned out lamps. Replace all HVAC filters. 3.07 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. 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. 3.08 SPECIAL TOOLS A. Provide any special tools, jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. EXECUTION REQUIREMENTS 0 2015 Stantec 193802737 01 7000-3 B. Special tools and devices are those the design, purpose, and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. C. Provide neat and substantial metal tool box with hinged cover and lifting handles or metal cabinet with hinged door. 3.09 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. 3.10 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 withholdina.tax@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2015 Stantec 1 193802737 01 7000-4 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. 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 upon 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. Sawcut Concrete Pavement: Per lineal foot along the saw cut line as staked. b. Milling Bituminous Pavement: Per square foot area. c. Remove Concrete Pavement: Per square yard without regard to thickness. d. Remove Concrete Sidewalk: Per square foot without regard to thickness. e. Salvage and reinstall signs and mailboxes will be incidental. 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," 2014 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. 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. SELECTIVE SITE DEMOLITION © 2015 Stantec 193802737 0241 13-1 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. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. © 2015 Stantec 1 193802737 SELECTIVE SITE DEMOLITION 0241 13-2 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. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. 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. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE CONCRETE PAVEMENT A. Remove in accordance with MnDOT Spec. 2104.3.C.2, except as modified below: 1. Saw cut concrete pavement and concrete base prior to mechanical pavement removal equipment. Remove concrete in such a manner that the remaining pavement is not damaged. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE BITUMINOUS PAVEMENT, PATH, 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. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. © 2015 Stantec 193802737 SELECTIVE SITE DEMOLITION 0241 13-3 3.07 PAVEMENT MILLING A. Bituminous 1. Saw cut at removal limits prior to milling process. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3.08 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade), E. 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). F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.09 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. E. When removing existing pathways and 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 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the some 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. 3.11 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. SELECTIVE SITE DEMOLITION © 2015 Stantec 193802737 0241 13-4 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 0 2015 Stantec 1 143W9737 0241 13-5 SECTION 31 23 Qa EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. 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. 5. Section 33 05 05 - Trenching and Backfilling. 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. .03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. 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. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. EXCAVATION AND FILL C 2015 Stantec , 193802737 31 2300-1 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. Perform excavation as soon as possible after sewer and water construction. B, Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Common Borrow: Conform to MnDOT Spec. 2105.2B i. The material shall be a soil which is capable of attaining specified compaction levels, excluding soils which contain organics, contain debris or are potentially expansive (CH or -MH per the Unified Soil Classification System). B. Granular Borrow: Conform to MnDOT Spec. 3149.2131 C. Recycled Aggregate: Conform to MnDOT Spec. 3149.2A.2. D. Aggregate Backfill: Conform to MnDOT Spec. 3149.2E. E. Topsoil Material: Conform to MnDOT Spec 3877. 1. Boulevard Topsoil Borrow PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, 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. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3C, 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. EXCAVATION AND FILL 0 2015 5tantec 1 193802737 312300-2 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3D, 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. 6. After the roadway excavation is complete and prior to backfilling operations, notify the Engineer 24 hours in advance so all excavation areas can be cross-sectioned to determine quantities. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31, or as modified herein. 1. No disposition of bituminous will be permitted within the Project limits. 3.05 PLACING EMBANKMENT MATERIALS A. Conform to MnDOT Spec. 2105.3E. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claire that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3H, or as modified herein. 1. 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. EXCAVATION AND FILL 0 2015 Stantec 1 193802737 31 2300-3 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 0 2015 5tantec ; 193802737 SECTION 31 23 13 SUBGRADE PREPARATION PART i GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing abase 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. 2. All 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," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 -Test Rolling. 3. 2112 - Subgrade Preparation. i.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate backfill material if excavation and rough grading of subgrade is not performed under this Contract. B. Subgrade preparation shall be performed on the existing gravel base prior to placement of additional gravel base material. C. Subgrade preparation shall be performed prior to placement of the concrete curb and gutter. D. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. E. Subgrade preparation shall be performed prior to placement of the bituminous/aggregate base course. © 2015 Stantec 193802737 SUBGRADE PREPARATION 312313-1 PART 2 PRODUCTS Not Used. 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 oras modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The roadbed will be considered unstable if yielding and rutting is greater than 1-1 /2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F, or as modified herein 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Moximum 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. 2105.3H, 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 © 2015 Stantec 193802737 31 2313-2 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. B. 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. 2. All other Work and costs off his 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," 2014 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). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. 0 2015 Stantec , 193802737 AGGREGATE BASE COURSES 3211 23-1 B. Aggregate Shouldering: Conform to MnDOT Spec. 3138, Class 2 aggregate. 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 Quality Compaction Method. 2. Install aggregate base in accordance with details on Drawings. 3. 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 0 2015 Stantec 1 193802737 AGGREGATE BASE COURSES 3211 23-2 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 Section 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 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 2014. 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. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. FLEXIBLE PAVING (MUNICIPAL PROJECTS) 02015 Stantec 1 193802737 32 12 01 -1 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated. A copy can be found at http://www.dot.state.mn.us/pre-letting/spec/2014/2014-Std-Spec-for- Construction.pdf 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. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 33 05 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 2360.1.A, except as modified in the typical section Detail Drawing and Bid FormConform to MnDOT Section 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. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2015 Stantec 1 193802737 32 12 01 -2 D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.2G, 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 betaken 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. E. 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). 1. Forjoint 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 Section 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. FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2015 Stantec 193802737 32 12 01 -3 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. 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 Section 2360.3.D, except as modified herein 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.3.D.2 - Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 2360.3.D.1 - Maximum Density Method. 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 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. END OF SECTION FLEXIBLE PAVING [MUNICIPAL PROJECTS] © 2015 Stantec 193802737 32 12 01 -4 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete walkways, medians, driveways, and valley gutters. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 11 23 - Aggregate Base Courses. 3. Section 32 12 01 - Flexible Paving (Municipal Project). 4. Section 32 16 13 - Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for Concrete Sidewalk has been included in the Bid Form. Measurement shall be on the basis of in-place square yard a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk shall be measured and compensated per Section 31 23 00. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 2. A Bid Item has been provided for Concrete Pedestrian Curb Ramp. Measurement shall be on the basis of square feet of ramp actually constructed a. Measurement of ramp shall not include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be measured and compensated per Section 31 23 00. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 11 23. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2015 Stantec 193802737 321314-1 3. A Bid Item has been provided for the Truncated Dome Surface, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Surface actually constructed. a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 4. A Bid Item for Concrete Median has been included in the Bid Form. Measurement shall be on the basis of in-place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Backfilling. b. Excavation for concrete median shall be measured and compensated per Section 31 2300. c. Aggregate base beneath concrete median shall be measured and compensated per Section 32 11 23. 5. A Bid Item for Concrete Approach Nose has been included in the Bid Form. Measurement shall be on the basis of in-place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Backfilling. b. Excavation for concrete median shall be measured and compensated per Section 31 2300. c. Aggregate base beneath concrete median shall be measured and compensated per Section 32 11 23. 6. 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. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 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. 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound, 8. 3755 - Linseed Oil Membrane Curing Compound. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2015 Stantec 193802737 321314-2 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 establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed following 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. C. Construct concrete medians no sooner than 72 hours after placement of the concrete curb and/or walks. 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 d. 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. Medians and Commercial Driveways 1) Manual Placement Mix No. 3Y32C. 2) Slip Form Placement Mix No. 3Y22C. b. Sidewalk and Residential Driveways 1) Manual Placement Mix No. 3Y32A. 2) Slip Form Placement Mix No. 3Y22A. 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 0 2015 Stantec 193802737 321314-3 E. Truncated Dome Panels: Approved products 1. East Jordan Iron Works - Cast Iron coated. 2. Neenah Foundry Company - Cast Iron coated. 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, median, driveways, and valley gutters at the locations and elevations indicated on the Drawings. C. Construct walkways and medians to conform to the typical section shown on the Drawings. D. Verify locations with Engineer in the field prior to construction. E, 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. F. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. G. 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. 2211.3C. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.3C. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3D.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. 2531.3F, except as modified herein. 1. Install three 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 © 2015 Stantec : 193802737 321314-4 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.31D and 2531.3D for slip form or 2531.31 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. Pedestrian Curb Ramp - Truncated Dome 1. Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 6 -inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2 -inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7038A or current revision for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be no greater than 1/4 -inch in width. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3E and 2521.3E.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. 2521.3E.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. 2461.2F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. CONCRErE WALKS, MEDIANS, AND DRIVEWAYS 0 2015 Stantec 193802737 321314-5 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.2521.3G, 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 0 2015 Stantec 1 193802737 321314-6 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. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. 2. All other Work and costs of this Sectinn shill 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," 2014 Edition (MnDOT Spec.) I . 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. ® 2015 Stantec 1 193802737 CURBS AND GUTTERS 321613-1 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. 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. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Dowel Bars 1. Epoxy coated D. 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 fhe 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. 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. © 2015 Stantec 1 193802737 CURBS AND GUTTERS 321613-2 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. I. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. J. Concrete washout locations shall conform to the requirements of the NPDES. K. Drill holes into existing concrete pavement for dowel bar installation. 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. 3.03 FORMS A. Conform to MnDOT Spec. 2531.313. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3E, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT 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. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G.1.a (Membrane Curing Method), except as modified herein. I . 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. 2531.3G.1.b curing blanket method, except as modified below: 0 2015 Stantec 193802737 CURBS AND GUTTERS 321613-3 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. 2531.3H, 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. 2461.21'.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. 2531.31, 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 GUTFERS © 2015 Stantec 193802737 321613-4 SECTION 32 17 23 PAVEMENT MARKINGS PART] 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). .02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Lines a. Lines shall be measured by the lineal foot on the basis of length actually applied. l) Separate measurement made on the basis of color and nominal width. 2. Messages a. Messages shall be measured on the basis of square feet applied 1) Separate measurement will be made for each type of message. 3. 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. 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," 2014 Edition (MnDOT Spec.) 1. 2582 - Permanent Pavement Markings. 2. 3354 - Preformed Pavement Marking Tape for Permanent Traffic Lane Delineation and Legends. 3. 3590 - Epoxy Resin Pavement Markings. 4. 3591 - High Solids Water Based Traffic Paint. 5. 3592 - Drop -On Glass Beads. 6. Improved Patterned Polymer Pavement Marking Tape for Lines and Selected Symbols and Legends. 7. High Durability Preformed Pavement Markings. 8. The Application Specification for Conventional Pavement Marking Materials. 9. 3 -Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. 1 copy of the chosen paint/epoxy lot or batch formulation. 0 2015 Stantec 193802737 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. Epoxy Resin 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- Calor 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 -mph 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 lbs/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 © 2015 Stantec 193802737 321723-2 3.02 SCHEDULE A. Paint/Epoxy 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 nt 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 fifteen 10 -foot long stripes shall be wasted prior to beginning application with the new color. PAVEMENT MARKINGS 0 2016 Stantec 193802737 321723-3 5. 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 con 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. Epoxy 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of paint or epoxy 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 fhe 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 ©2015 Stantec 1193802737 321723-4 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. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. x.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Seeding. Measurement will be based upon units of acres for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, straw blanket, and all correlated activity. 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," 2014 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 33 00. 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. 020T5 Stantec 1 193802737 TURF AND GRASSES 329200-1 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. Sod - The establishment period shall be 60 days following installation. 2. 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 that ore larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to seeding and sodding. PART 2 PRODUCTS 2.01 TOPSOIL: CONFORM TO MNDOT SPEC. 3877.2A COMMON TOPSOIL BORROW. A. All topsoil shall be screened and pulverized. 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. 0 2015 Stantec 1 193802737 TURF AND GRASSES 329200-2 2.03 SEED: CONFORM TO MNDOT SPEC. 3876, A. Commercial Lawns: Conform to MnDOT Mixture 25-131 2.04 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. 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 sod from drying out and 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. 2574.31D 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 [ower 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 MnDOT Spec. Table 2575-1 for the mixes specified. TURF AND GRASSES ® 2015 Stantec [ 193802737 329200-3 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 25-141 seed mix, apply seed at a rate of 100 lbs. per acre. 2. For 25-131 seed mix, apply seed at a rate of 275 lbs, per acre. 3. For 25151 seed mix, apply seed at a rate of 180 lbs. per acre. D. Sowing Seed: Conform to MnDOT Spec. 2575.3. 1. Winter and Summer: At the approval of the Engineer. 2. Deviations in planting schedule from MnDOT Spec 2575.3.A will be at the approval of the Engineer. 3.05 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following seeding in accordance with MnDOT Spec. 2575.3G, and as modified below. B. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. 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 1 -time proper installation is acceptable. 3.06 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. 3.07 TURF ESTABLISHMENT A. Water seeded and or sodded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot of seeded areas and 100 percent of sodded areas. 3.08 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. TURF AND GRASSES © 2015 Stantec 1 193802737 329200-4 C. Any sod 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 and sodded 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 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. 3.09 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 T 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 © 2015 Stantec 193802737 32 92 (X) - 5 SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. None. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Manhole Casting. Measurement will be by each. Payment shall be for all labor and materials to remove existing casting, sawcut existing concrete pavement, furnish new casting and rings, patch concrete pavement with bituminous pavement, and install castings and rings. 2. A Bid Item has been provided for Adjust Valve. Measurement will be by each. Payment shall be for all labor and materials to sawcut existing concrete pavement, adjust valve box, and patch concrete pavement with bituminous pavement. 3. All Other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. .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. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 -Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150 -Specification for Portland Cement (Concrete Rings/Mortar). 6. 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 Stoinless Steel Bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2506 - Manholes and Catch Basins. 2. 3733 Geotextiles. ® 2015 Stantec 193802737 ADJUST MISCELLANEOUS STRUCTURES 330517-1 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 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. 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 1. 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. Neenah R1642 Type "B" Lid casting or approved equal. a. Lid to have label for STORM SEWER, SANITARY SEWER, or WATER. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. ADJUST MISCELLANEOUS STRUCTURES OO 2015 Stantec 1 193802737 330517-2 B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. 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 ADJUST FRAME AND RING 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: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2 -inch bead of DOW 999 Between intermediate rings: 1/2 -inch bead of DOW 999 Between cone/top slab and first ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and T/2 -inch bead 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. 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. 3.04 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 sections as needed. D. Patch road with bituminous mixture SPWEB340E. ADJUST MISCELLANEOUS STRUCTURES © 2015 Stantec 1 193802737 330517-3 3.05 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. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 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 some grade. D. Adjust frame upward with standard concrete adjustment rings of the some size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the costing to grade shall be incidental to the adjustment pay item. E. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in•a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1 /4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. G. Adjust valve boxes to 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw -threaded adjustable type. END OF SECTION 0 2015 Stantec 1 193802737 ADJUST MISCELLANEOUS STRUCTURES 330517-4 July 30, 2015 Mr. Wayne Loos Hennepin County Transportation Dept. 1600 Prairie Drive Medina, MN 55340 Subject: Agreement PW 08-39-15 CP 1504 In accordance with Article V of the fore -mentioned agreement, this letter serves as notification that on June 22, 2015, the New Hope City Council awarded a contract for construction of the Winnetka Avenue Quiet Zone project to Northwest Asphalt for $102,933.30. At this time, please process payment of $97,786.64 to the city for reimbursement of 95% of the contract amount. The remaining 5% plus indirect costs will be paid by the county after project completion and review/approval of the project by the county. The cooperative agreement specifies a maximum of $140,000 reimbursement to the city for the Winnetka Avenue Quiet Zone project. If voii have questions regarding the enclosed invoice, please contact Bob Paschke, director of public works, at 763-592-6766. Thank you. Sincerely, Valerie Leone, CMC i-t� City Clerk Enclosures: invoice, res lution awarding contract, and page 3 of agreement outlining invoice process cc: Bob Paschke, public works director Kirk McDonald, city manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. c:i.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 City of New Hope Resolution No. 15 -- 1.1.0 Resolution awarding a contract with Northwest Asphalt in the amount of $102,933.30 for the construction of a railroad quiet zone on Winnetka Avenue (CSAH 156), (Project 945) 2015 Winnetka Avenue Quiet Zone WHEREAS, the City Council, has requested staff to pursue a railroad quiet zone on Winnetka Avenue as to the request of residents of the neighboring vicinity; and, WHEREAS, a construction cooperative agreement between the city of New Hope and Hennepin. County has been prepared, and currently exists, setting forth the scope of work, terms, and conditions for project costs; and, WHEREAS, the agreement sets forth the obligations of the city of New Hope and establishes that the city of New Hope is the lead agency and is responsible for bidding the project, managing the construction, and maintaining the quiet zone; and, WHEREAS, funding will be provided by the city of New Hope from the street infrastructure fund and reimbursed by Hennepin County for costs up to $140,000 as set forth in the Construction Cooperative Agreement; and, WHEREAS, the city's engineering firm, Stantec, prepared plans and specifications for the project to be completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. The city awards the contract with Northwest Asphalt in the amount of $102,933.30 for the construction of 2015 Project 945, the Winnetka Avenue Quiet Zone 2. The mayor and city manager are authorized and directed to sign the same on behalf of the city. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of June, 2015. I Attest: 6L�u City Clerk Mayor Agreement No. PW 08-39-15 CSAH 156; C.P. 1504 In The construction of this Project shall be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with the plans and specifications. The County Engineer and representative staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. The County agrees that the City may make changes in the above referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval of the County Engineer or designated representative on change orders or supplemental agreements involving work on CSAH 156. The County will respond to the City's request for approvals within seven (7) calendar days. u The County shall reimburse the City for all concrete work included in the Project and for a bituminous overlay at the concrete medians that will be constructed as part of the Project. The County will reimburse the City for the costs to construct concrete sidewalk and trail, concrete pedestrian ramps, concrete medians, concrete curb and gutter, and concrete road surfaces outside the limits of the railroad grade crossing surface. In addition, the County will reimburse the City for the costs to install a two inch bituminous overlay on CSAH 156 from the. railroad grade crossing surface to the ends of the concrete medians constructed as part of the Project, and for installation of all necessary pavement markings and/or signs at said bituminous overlay. It is understood and agreed that the County's reimbursement to the City for the concrete work included in the Project and for said bituminous overlay, pavement markings and signs shall not to exceed the amount of One Hundred and Forty Thousand Dollars and No Cents ($140,000.00). After an award by the City to the successful bidder for construction of the Project, the City shall invoice the County for ninety five (95) percent of the County's participating share of the construction costs for the Project. The remainder of the County's share of the construction costs will be due the City upon the completion of the Project, and upon review and approval of the Project by the County Engineer or designated representative. Upon approval of the completed Project by the County Engineer or designated representative the City shall submit its final invoice to the County. The County will within forty five (45) days of said invoices, deposit with the City funds totaling the amount of the invoices. -3 - U1lL- Stantec Dwner: City of New Hope, 4401 Xylon Ave, N., New Hoge, MN 55428 Date: October 28, 2015 :or Period: 9/17/2015 to 10/28/2015 Request No: 2/FINAL :ontractor: Northwest Asphoit, 1451 Stagecoach Rd., Shckopee, MN 55379 CONTRACTOR'S REQUEST FOR PAYMENT WINNEiKA AVENUE QUIET ZONE STANTEC PROJECT NO. 193802737 CLIENT PROJECT NO, 945 SUMMARY I Original Contract Amount 2 Change Order- Addition 3 Change Order- Deduct;on 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: STANTEC Approved by Contractor: NORTHWEST ASPHALT Specified Contract Comp;eton Date: 193802737R EQ2 F i n a I. A s m $ 102,933.30 $ 5,724.50 _:.,.0.00 $ 108,657.80 $ 108,640.99 $ O.CO $ 108,640.99 $ 0.00 $ 108,640.99 $ 97,770.67 $ 0.00 2/FINAL $ 10,870.32 f C��: 6,c� Approved by Owner: CITY OF NEW HOPE Date: 4q45 Certified Mail, return receipt requested September 30, 2015 Tammy Wagner Regional Crossing Manager Federal Railroad Administration 200 W. Adams Street, Suite 310 Chicago, IL 60606 RE: 24 -Hour Quiet Zone Notice of Establishment Winnetka Avenue (Crossing No: 688954Y) MP 8.11 New Hope, MN Dear Ms. Wagner: The City of New Hope, Minnesota wishes to implement a 24-hour quiet zone based on the Final Train Locomotive Horn Rules developed by the Federal Railroad Administration. The quiet zone complies with 49 CFR Part 222, under provision 222.39(a) (1). This is the official 21 day Notice of Establishment for the 24-hour quiet zone at crossing 688954Y, Winnetka Avenue, which would implement the quiet zone starting October 22, 2015. The quiet zone will consist of 1 public grade crossing on Winnetka Avenue (DOT 688954Y). The crossing is located on the St. Paul Service Area, Paynesville Subdivision of the Soo Line Railroad at MP 8.11. The crossing at Winnetka Avenue has railroad signals with gates. A Diagnostic Team Meeting onsite meeting on December 2, 2014 indicated that the crossing currently has constant warning time and power out indicators. Pedestrian crossings are located on the east and west sides of Winnetka Avenue. Per the recommendations of Mn/DOT's Jim Weatherhead, additional signage has been added for pedestrians on the north and south approaches stating "Look" and "No Train Horns." All "No Train Horn" signage has been installed and will remain covered until the above stated implementation date. There are no private grade crossings, or grade separations within the quiet zone limits. The Notice of Intent was issued by certified mail on May 12, 2015. The implemented SSMs installed at the Winnetka Avenue crossing includes a 100' non - traversable center median on the north and south sides of the tracks along with advance warning signage and pavement markings. The existing and current Grade Crossing inventory Forms are attached for the Winnetka Avenue crossing showing the implemented SSM. Crrx 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 *TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Below are primary and secondary responsible persons for monitoring compliance with the requirements of the Quiet Zone: Primary: Robert Paschke Public Works Director City of New Hope Phone: 763-592-6766 E-mail: oouschke@ci.new-hone.mn.us Robert Paschke Public Works Director City of New Hope Secondary: Bernie Weber Public Works Operations Manager City of New Hope Phone: 763-592-6772 E-mail: bweber@ci.new-hope.mn.us Attachments: Contact List (Below) Signed Certification Pre -Improvement Grade Crossing Inventory Form Post -Improvements Grade Crossing Inventory Form cc Mr. Jim Krieger Manager Public Works Canadian Pacific Railway 120 South 6th Street, Suite 900 Minneapolis, MN 55402 Mr. Jim Weatherhead Metro Area Project Manager Mn/DOT Rail Administration, MS 470 395 John Ireland Blvd St. Paul, MN 55155 Ms. Tammy Wagner Regional Crossing Manager Federal Railroad Administration 200 West Adams Street, Suite 310 Chicago, IL 60606 Quiet Zone Designation: DOT. 688954Y, Winnetka Avenue. New Hope. Minnesota i hereby certify that responsible officers of the public authority of which i am the Chief Executive Officer have reviewed documentation prepared for the FRA. Filed in Docket No. FRA -1999-6439, sufficient to make an informed decision regarding the advisability of establishing the quiet zone. Kirk McDonald, New Hope City Manager Date U.S. DOT - CROSSING INVENTORY INFORMATION Crossing 688954Y Continued Effective Begin -Date of Record: 10107113 End -Date of Record: Part III: Traffic Control Device Information Signs: Crossbucks: 0 Highway Stop Signs: 0 Advanced Warning: Yes Hump Crossing Sign: No Pavement Markings: Stop Lines and RR Xing Other Signs: 0 Specify: Symbols 0 Train Activated Devices: Commercial Number of Traffic Lanes 4 Gates: 2 4 Quad or Full Barrier: Yes Mast Mounted FL: 0 Total Number FL Pairs: 8 Cantilevered FL (Over): 2 Cantilevered FL (Not over): 2 Other Flashing Lights: 0 Specify Other Flashing Lights: Highway Traffic Signals: 0 Wigwags: 0 Bells: 1 Other Train Activated Special Warning Devices Not Warning Devices: Train Activated: Channelization: Type of Train Detection: Motion Detectors Track Equipped with Yes Traffic Light N/A Train Sionals? Intermnnedinn1Preemntion: Part IV: Physical Characteristics Type of Development: Commercial Number of Traffic Lanes 4 Crossing Railroad: Rnad at rmsnina- Is Highway Paved? Yes Crossing Surface: Concrete Nearby Intersecting AADT Year. Highway? 76 to 200 feet Does Track Run Down a Posted Highway Speed: Street? No Is Commercial Power Available? Yes Part V: Hitahwav Information Smallest Crossing Angie: 60 to 80 Degrees Are Truck Pullout Lanes Present? No If Other: Is it Signaled? Is Crossing Illuminated? Highway System: Other FA Highway -Not NHS Functional Classification of Is Crossing on State No Rnad at rmsnina- Highway System: Annual Average Daily Traffic (AADT): 010400 AADT Year. Estimated Percent Trucks: 10 Avg. No of School Buses per Day: Posted Highway Speed: 35 No Yes Urban MinorArteriai 2011 263 U.S. DOT - CROSSING INVENTORY INFORMATION AS OF 6/2/2014 Crossing No.: 688954Y Update Reason: Changed Crossing Effective Begin -Date of Record: 10/07/73 Railroad: SOO SOO Line RR Co. (SOO ] End -Date of Record: Initiating Agency Railroad Type and Positiion: Public At Grade Part I Location and Classification of Crossing Division: ST PAUL SERVIC State: MN Subdivision: PAYNESVILLE County: HENNEPIN Branch or Line Name: MP City: In NEW NOPE Railroad Milepost: 0008.71 Street or Road Name: WINNETKA AVE RailRoad I.D. No.: Highway Type & No.: CSAH156 Nearest RR Timetable Stn: CRYSTAL HSR Corridor ID: Parent Railroad: Canadian PacHk: Rwy Co. (CP ] County Map Ref. No.: 527 Crossing Owner: Latitude: 45.0484070 ENS Sign installed: Yes Longitude: -93.3804020 Passenger Service: None LatlLong Source: Neither Avg Passenger Train Count: 0 Quiet Zone: No Adjacent Crossing with No Senarate Numher: Private Crossing Information: Category: Public Access: Unknown Specify Signs: Specify Signals: STIRR A ST/RR B ST/RR C ST/RR D Railroad Use: State Use: F -0918B Narrative: Emergency Contact: (800)776-9732 Railroad Contact: State Contact: Part II Railroad Information Number of Daily Train Movements: Less Than One Movement Per Day: No Total Trains: 22 Total Switching: 2 Day Thru: 70 Typical Speed Range Over Crossing: From 70 to 20 mph Maximum Time Table Speed: 20 Type and Number of Tracks: Main: 1 Other 0 Specify: Does Another RR Operate a Separate Track at Crossing? No Does Another RR Operate Over Your Track at Crossing? No (657)366-3667 U.S. DOT - CROSSING INVENTORY INFORMATION AS OF 61212{}14 Crossing No.: 600954Y Update Reason: Chwged4mss1ng Effective Begin -Date of Record: � 4&WVW- 1D122/2015 Railroad: SOO SOO Una RR Co, [SOO) Quiet Zone Est, End -Date of Record: Initialing Agency Railroad Type and Posititon: Public At Brads Part 1 Location and Classification of Crossing Division: STPAUL SERWC State: MN Subdivision: PAYN&SVILLE County: HENNEPW Branch or Line Name: MP City: In NEWHOPE Railroad Milepost: 0008.11 Street or Road Name: MNNETKA AVE RallRoad I.D. No.: Highway Type S No.: CSAH106 Nearest RR Timetable Stn: CRYSTAL HSR Corridor ID: Parent Railroad: Canadian P ;fik Rwy Co. JCP j County Map Ref. No.: 527 Crossing Owner. Latitude: 46.0484010 ENS Sign Installed: Yes Longitude: -89.3804020 Passenger Service: None LM&ong Source: NOMW Avg Passenger Train Count: 0 Quiet Zone: 'NO Yes (24-hour) Adjacent Crossing with No Senarate Numhor. Private Crossin0 Information: Category: Public Access: Unlrnosnr Specify Signs: Specify Signals: STIRR A Railroad Use: State Use: F -0910B Narrative: Emergency Contact: (800)71&8132 Part II Railroad Information STAIR B Railroad Contact Number of Deily Train Movements: Total Trains: 22 Total Switching: 2 Typical Speed Range Over Crossing: From 10 to 20 mph Type and Number of Tracks: Main: 1 Other 0 Does Mother RR Operate a Separate Track at Crossing? Does Another RR Operate Over Your Track at Crossing? ST/RR C STAIR D State coma: Less Then One Movement Per Day. No Day Thru: 10 Maximum Time Table Speed: 20 Specify: No No (651)366-8667 U.S. DOT - CROSSING INVENTORY INFORMATION Crossing 688MY Continued Effective Begin -Date of Record: IOln7113 Fed -Date of Record: Part III: Traffic Control Device Information Signs: Crossbucks: Advanced Warning: Pavement Markings: Train Activated Devices: Mast Mounted FL: Cantilevered FL (Over): other Flashing Lights: Highway Traffic Signals: Other Train Activated Warning Devices: Channelization: Tract Equipped with Train SianalR? 0 Highway Stop Signs: 0 Yas Hump Crossing Sign: No Stop Lines and RR Xing Other Signs: ee 2 Specify: 'No Train horn" below advance warning Symbols, Concrete signs "Loolr" & "No Train Horn" signs at each Highway? pedestrain crossing (north/south) 2 4 Quad or Full Barrier. No Street? 0 Total Number FL Pairs: 0 2 Cantilevered FL (Not over): 2 0 Specify Other Flashing Lights: 0 Wgwags: 0 Bells: 1 Special Warning Devices Not Train Activated: Type of Train Detection: JMo&w Detectors Yes Traffic Light WA InterrxmhnectinnlPre emMinn: Part IV: Phvsical Characteristics Type of Development ConwWrdel Number of Traffic Lanes 4 Crossing Railroad: Is Highway Paved? Yes CrossEng Surface: Concrete Nearby Intersecting Highway? To to 200 feat Does Trade Run Down a Street? No Is Commercial PowerAvailable? Yes Part V: Hiahwav Information Smallest Crossing Angle: 60 to aO Degrees Are Truck Pullout Lanes Present? No If other: Non-traversibte curb medians Is It Signalized? No is Crossing Illuminated? Highway System: Other FA Highway -Not NHS Functional Classification of Is Crossing on State No Rnad at Craaraina: Highway System: Annual Average Daily 01044 AADT Year: Traffic (AADT): Estimated Percent Trucks: 10 Avg. No of School Buses per Day. Pasted Highway Speed: 35 Yea Urban M1nar Arterial 2011 9`r r_ W� Jim Krieger Manager Public Works 120 South 6th St., 900 Minneapolis, MN 55402 October 6, 2015 Engr. File: X -PAY -008-11- R Winnetka Avenue Mr. Robert Paschke — Public Works Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 RE: Notice of Intent — Establishment of New Quiet Zone Winnetka Avenue — Mile Post 8.11— DOT 4688954Y Paynesville Subdivision — US South Region New Hope, MN Dear Mr. Paschke: This letter will acknowledge Canadian Pacific (CP) receipt of your certified mailing dated September 30, 2015 to Tammy Wagner with the Federal Railroad Administration (FRA) advising of the "Notice of Establishment" for the City of New Hope's new quiet zone at the Winnetka Avenue at -grade crossing. Your letter states that the new quiet zone to be established within your community complies with the Final Rule developed by the FRA and meets the qualifications for approval pursuant to FRA 49 CFR Part 222, under section 222.39(a)(1). Per the City of New Hope's request CP will honor the new 24 hour quiet zone at the Winnetka Avenue at -grade crossing beginning at 12:01 AM on Thursday October 22, 2015. If you have any questions please feel free to contact me at above address or by phone at 612-330- 4555. gMar6ger ly, oe er Public Works ec: Tammy Wagner — FRA Jim Weatherhead — MNDOT Paul Bicha - CP COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works October 26, 2016 Consent Item No. By: Bob Paschke, Director, Pub Wks I By: Kirk McDonald, Ci Manager 6.7 Resolution approving Change Order No. 1 for the Winnetka Quiet Zone (Improvement Project 945) Requested Action Staff is recommending that Council approve a change order of $5,724.50 to the contract with Northwest Asphalt, for additional work that was necessary to complete the Winnetka Avenue Quiet Zone improvement project. The additional work was necessary to repair a manhole servicing a water valve. This work was necessary in preparation to completion of the project in conjunction with the Winnetka Avenue pavement overlay project by Hennepin County. Policy/Past Practice The City Council routinely considers public infrastructure improvements to promote efficiency in operations. Background Hennepin County is funding up to a maximum of $140,000 for the quiet zone improvements, however this is a City owned water valve manhole and the cost for repair is the City's responsibility. Funding Water fund Attachments • Resolution • Engineer's memo • Change order no. 1 Motion by _ Qj`� Second by To: I; RFA PUBWORKS 2015 945 WInnetka Z 945 Winnetka 07 change order Final - 945 WinnetkaOZ Change Order.docx City of New Hope Resolution No. 15- 15 8 Resolution approving Change Order No. 1 for the Winnetka Quiet Zone (Improvement Project 945) WHEREAS, the city recognizes the change order improvements are necessary regarding city infrastructure; and, WHEREAS, the city engineer had developed project specifications and contract terms for the project; and, WHEREAS, unexpected conditions caused a need for an additional action by the contractor to rectify an issue to complete the project; and WHEREAS, the contractor has completed all repairs, and the area has been restored to an acceptable condition of staff and engineering. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: I. That the change order to the contract between the city of New Hope and Northwest Asphalt for $5,724.50 for the additional work to the Winnetka Avenue Quiet Zone is hereby approved. 2. That the mayor and city manager are authorized to sign the contract documents. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 26th day of October, 2015. Attest: LV— City Clerk Mayor I: RFA RMWaRKS 2015 945 W1nnetka Z 945 Winnetka QZ change order Final - 945 Winnetka Z Change Order.dooc Stantec October 21 2015 File: 193802737 Stantec Consulting Services Inc. 2335 Highway 36 West S`.. Paul MN 55113 Tel: (651 ) 636-4600 Fax: (651 ) 636-1311 Attention: Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: Winnetka Ave. Quiet Zone Improvements - Change Order No. City Project No.: 945 Dear Bob, As requested, we have prepared Change Order No. 1 to compensate Northwest Asphalt for the repair work completed with a failing water valve manhole top slab. During construction, it was determined the manhole top slap was in need of repair prior to completing the bituminous overlay improvements. Although Hennepin County is funding up to a maximum of $140,000 for the quiet zone improvements, this is a City owned water valve manhole and the cost for repair is the City's responsibility. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Change Order No. 1 Cc: Bernie Weber, Dave Lemke, Shawn Markham - New Hope; Adam Martinson, Kellie Schlegel Stantec. ® Stantet Owner: City of New Hope, 4401 Xyion Ave, N., New Hope, MN 55428 Date October 20, 2015 Contractor: Northwest Asphalt, 1451 Stagecoach Rd., Shakopee, RAN 55379 Bond Co: Western. Surety Co., 333 S. Wabasha Ave., Chicago, IL 60604 Bond No: 929616480 CHANGE ORDER NO. 1 WINNETKA AVENUE QUIET ZONE STANTEC PROJECT NO. 193802737 CLIENT PROJECT NO. 945 Description of Work This Contract Change Order provides for additional work on this project as indicated below and reflects payment in full for all additional work including labor and mobilization. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 REPAIR WORK ASSOCIATED WITH FAILING WATER LS 1 $5,724.50 $5,724.50 VALVE MANHOLE TOP SLAB (CITY COSTS) TOTAL CHANGE ORDER NO. 1. $5,724.50 193SM737Qp1.xlsn Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved by Contractor: NORTHWEST ASPHALT Date cc: Owner Contractor Bonding Company Stantec 193802737CHOl.xlsm Date: Approved by Owner: CITY OF NEW HOPE Date $ 02, 933.30 $0.00 $5,724.50 $108,657.80 November 13, 2015 Northwest Asphalt 1451 Stagecoach Road Shakopee, MN 55379 Subject: Change Order No.1 for Project No. 945 At its meeting of October 26, 2015, the New Hope City Council authorized change order no. 1 for $5,724.50. Enclosed are signed change order documents, Please forward one copy to your bonding company. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Chris Long, city engineer Bob Paschke, -director of public works CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. d.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 ® Stantec 7wner; City cf New Hope, 4401 Xylon Ave. N,; New Hope, MN 55428 Date October 20, 201; -ontractor: Northwest Asphalt, 1451 Stagecoach Rd., Shakopee, MN 55379 3ond Co: Western Surety Co„ 333 S. Wabasha Ave., Chicago, IL 60604 Bond No: 929616480 CHANGE ORDER NO. 1 WINNETKA AVENUE QUIET ZONE STANTEC PROJECT NO. 193802737 TY` s COPY CLIENT PROJECT NO. 945 Description of Work This Contract Change Order provides for additional work on this project as indicated below and reflects payment in full for all additional work including labor and mobilization. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 REPAIR WORK ASSOCIATED WITH FAILING WATER LS 1 $5,724.50 $5,724.50 VALVE MANHOLE TOP SLAB (CITY COSTS) TOTAL CHANGE ORDER NO. 1: $5,724,50 193902737CH01.xbm Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved by Contractor: NORTHWEST ASPHALT Date cc: Owner Contractor Bonding Company 5tantec 193802737CHOl.xlsm Date: 10-.16 -15- Approved ss Approved by Owner: CITY OF NEW HOPE J Date $102,933.30 $0.00 $5,724.50 $108,657.80 COUNCIL f Request for Action Originating Department Approved for Agenda Agenda Section Public Works November 23, 2015 Consent Item No. By: Bob Paschke, Director By: Kirk McDonald, City Manager 6.6 Resolution accepting the Winnetka Avenue Quiet Zone project and approving the final payment request to Northwest Asphalt Inc. (improvement project No. 945) Requested Action Staff recommends Council approve a resolution to accept the Winnetka Avenue Quiet Zone project 945 and authorize final payment to Northwest Asphalt Inc. in the amount of $10,870.32. Background The improvement ordered by council was the creation of a quiet zone on Winnetka Avenue (CSAH 156) at the railroad crossing north of 51st Avenue and south of Angeline Drive. Hennepin County agreed to fund up to $140,000 for project costs including indirect costs. The city was responsible for preparing plans and specifications, administering the construction contract, and engineering/inspection of the project, as outlined in the agreement between the city and county approved by council on April 13, 2015. The original contract amount with Northwest Asphalt Inc. was $102,933.30, which was approved by council on June 22, 2015. The contract was amended to include additional work necessary to rehabilitate a concrete slab servicing a water valve resulting in a change order no. 1, in the amount of $5,724.50, which was approved by council on October 26, 2015, thus revising the contract amount to $108,657.80. The final construction amount of $108,640.99 is $16.81 less than the revised contract amount. The slight under run was due to less material quantities required to complete the project. Indirect costs are not complete as of yet, as record drawings must be completed and entered into the city's asset management tool — Infraseek. The original contracted amount including indirect costs will be invoiced to Hennepin County for reimbursement in December 2015. The change order portion was unrelated to the project and is the responsibility of the city. Funding Project costs provided by Hennepin County and the change order provided by the water fund. Attachments • Resolution • Engineer's memorandum • Final pay request Motion by Second by ap IV PC To:(�/ I:1RFAIPUBWORKS120151945 Winnetka QZ1945 Winnetka QZ finalAnal-945 Winnetka QZ Final.docx City of New Hope Resolution No. 15 — 170 Resolution accepting the Winnetka Avenue Quiet Zone project and approving the final payment request of $10,870.32 to Northwest Asphalt Inc. (improvement project No. 945) WHEREAS, the City Council had requested staff to pursue a railroad quiet zone on Winnetka Avenue as to the request of residents of the neighboring vicinity; and, WHEREAS, a construction cooperative agreement between the city of New Hope and Hennepin County was prepared, setting forth the scope of work, terms, and conditions for project costs; and, WHEREAS, the agreement set forth the obligations of the city of New Hope and established that the city of New Hope was the lead agency and was responsible for bidding the project, managing the construction, and maintaining the quiet zone; and, WHEREAS, funding was provided by the city of New Hope with relative expenditures to be reimbursed by Hennepin County for costs up to $140,000 as set forth in the Construction Cooperative Agreement; and, WHEREAS, the city's engineering firm, Stantec, prepared plans and specifications for the project to be completed; and, WHEREAS, project 945 has been completed to satisfactory standards of the City, county and Railroad authority, NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. The City Council approve the final payment request of $10,870.32 to Northwest Asphalt Inc for the construction of 2015 Project 945, the Winnetka Avenue Quiet Zone. 2. The mayor and city manager are authorized and directed to sign the same on behalf of the city. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of November, 2015. 2 Mayor Attest: City Clerk I:IRFXPUBW0RKS120151945 Winnetka QZ1945 Winnetka QZ finaRfinal-946 Winnetka QZ Final.docx October 12, 2015 File: 193802737 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651 ) 636-1311 Attention: Bob Paschke City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: Winnetka Ave. Quiet Zone Improvements - Final Payment City Project No.: 945 Dear Bob, Enclosed find the final pay request and the IC -134 forms for the Winnetka Avenue Quiet Zone Improvements project. The contractor, Northwest Asphalt, has completed this work in accordance with the contract plans and specifications; therefore, it is recommended. that final payment of $10,870.32 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 $102,933.30. The contract was amended to include one change order, resulting in a Revised Contract Amount of $108,657.80. Change Order No. 1, in the amount of $5,724.50, provided additional payment for repair work associated with a failing water valve manhole. The Final Construction Amount is $108,640.99, which is $16.81 less than the Revised Contract Amount. The slight under run was due to less material quantities required to complete the project. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. *44096t, Go. /.7", Christopher W. Long, P.E. C. Kirk McDonald, Valerie Leone, Bernie Weber, Shawn Markham - New Hope; Adam Martinson, Kellie Schlegel - Stantec. Design with community in mind 13 ® Starrrtec ClEffis 11 COPE Dwner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: October 28, 2015 :or Period: 9/17/2015 to 10/28/2015 Request No: 2/FINAL contractor: Northwest Asphalt 1451 Stagecoach Rd., Shakopee, MN 55379 CONTRACTOR'S REQUEST FOR PAYMENT WINNETKA AVENUE QUIET ZONE STANTEC PROJECT NO. 193802737 CLIENT PROJECT NO, 945 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: STANTEC Approved Confractor: NORTHWEST ASPHALT Specified Contract Completion Date: 183802737REWFi n al adsm 2/FI NAL S 5.724_rin $ 0.00 Approved by Owner: CITY OF NEO�PE Date: 3.� $ 102,933.30 $ 108,657.80 $ 108,640.99 $ 0.00 $ 108,640.99 $ 0.00 $ 108,640,99 $ 97, 770.67 S 0.00 $ 10, 870.32 TOTAL BASE BID $102,916.49 TOTAL CHANGE ORDER NO. 1 $5,724.50 TOTAL WORK COMPLETED TO DATE $108,640.99 19380MMEWInalAsm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID 1 MOBILIZATION LS 1 9150.00 1 $9,150.00 2 TRAFFIC CONTROL LS 1 11595.00 1 $11,595.00 3 SAWCUT CONCRETE PAVEMENT LF 522 4.40 690 $3,036.00 4 REMOVE CONCRETE SIDEWALK SF 160 2.50 355 $887,50 5 REMOVE CONCRETE PAVEMENT SY 320 10.00 1115 $1,180.00 6 MILL BITUMINOUS SURFACE (2") SY 740 10.00 608 $6,080.00 7 MANHOLE CASTING EA 4 950.00. 4 $3,800.00 8 ADJUST VALVE BOX EA 2 375.00 1 $375.00 9 AGGREGATE BASE, CLASS 5 TN 100 10.00 49.62 $496.20 10 BITUMINOUS MATERIAL FOR TACK COAT GAL 100 5.00 150 $75000 11 TYPE SP 12.5 WEARING COURSE MIXTURE (4,13) TN 300 97.00 274.76 $26,651.72 12 4° CONCRETE SIDEWALK SF 120 7.00 272.5 $1,907.50 13 CONCRETE CURB AND GUTTER DESIGN B812 LF 480 40.90 578.58 $23,664.00 14 4" CONCRETE MEDIAN SF 730 6.75 720 $4,860,00 15 CONCRETE APPROACH NOSE SF 120 11.50 89.3 $1,026.95 16 PEDESTRIAN CURB RAMP SF 100 11.00 100 $1,100,00 17 TRUNCATED DOME PANEL SF 32 66.00 32 $2,112.00 18 SIGN PANELS TYPE C SF 18 55.00 36.5 $2,007.50 19 12" STOP BAR, WHITE - EPDXY LF 44 8.80 96 5844,80 20 4" SOLID LINE, YELLOW - EPDXY LF 730 1.21 331.60 $401.24 21 4" BROKEN LINE, WHITE - EPDXY LF 400 1.21 180 $217.80 22 PAVEMENT MESSAGE - ZEBRA STRIPE, WHITE - EPDXY SF 150 5.37 144 $773.28 23 SEEDING, MNDOT MIX 25-131, WITH CATEGORY 3 STRAW BLANKET SF 400 0.50 $0.00 TOTAL BASE BID $102,916,49 CHANGE ORDER NO. 1 1 REPAIR WORK ASSOCIATED WITH FAILING WATER VALVE MANHOLE TOP SLAP (CITY COSTS) LS 5724.50 1 $5,724.50 TOTAL CHANGE ORDER NO. 1 $5,724.50 TOTAL BASE BID $102,916.49 TOTAL CHANGE ORDER NO. 1 $5,724.50 TOTAL WORK COMPLETED TO DATE $108,640.99 19380MMEWInalAsm PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CLIENT PROJECT NO. 945 STANTEC PROJECT NO. 193802737 CONTRACTOR NORTHWEST ASPHALT CHANGE ORDERS No. 1 PAYMENT SUMMARY No. 1 2/FINAL Material on Hand Total Payment to Date Retainage Pay No. Total Amount Earned 193802737REQ2FInaLkIsm Date Description Amount 10/20/2015 This Change Order provides for additional work on this $5,724.50 project. See Change Order, Total Change Orders $5,724.50 From To Payment Retainage Complete, 08/01/2015 09/16/2015 97,770.67 5,145,82 102,916.49 09/17/2015 10/28/26151 10,870.32 108,640.99 $108,640.99 Original Contract $102,933.30 2/FINAL Change Orders $5,724.50 $108,640.99 Revised Contract $108,657.80 1 0130120 1 5 Its:/www.mndor.state.mn.usRp/eservicesl /Retrieveto/b-kpkpAayMCEpFVTxBe#g FILE =Prirrt2 JM1`ri Ff.SO1A.•RF.V1N1)F 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: ProjectAmount: Subcontractor Summary Name 0-891-486-272 30 -Oct -2015 4:41:54 PM NORTHWEST ASPHALT INC 41-1321372 northwest Contractor Affidavit 803160064 5333310 CITY OF NEW HOPE 945 04 -Aug -2015 31 -Aug -2015 WINN ETKA AVENUE OU IET ZON E $108,640.99 ID Affidavit Number REINER CONTRACTING INC 2595892 826490880 SIR LINES A LOT INC 3509324 1580646400 CURB MASTERS INC 2207114 2013937664 SAFETY SIGNS LLC 5139558 1066876928 Important Messages A copy of this page must be provided to the oontractor 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 holding.tax a@state.mn.us. Business hours are 8:00 a.m. -4:30 p.m. Monday - Friday. Please print this pane for your records using the print or save functionality built into your browser. https:Nwww.mndor.state.mn.us*eservicesllRetrievefQlb-/bpkpA(lyABCEpFgutTxBetg_?FILE=Print2 111 s12MIS tMlpe* wv.mndar.etata mn.talllpllo a lossl -1R*IsdftAlzftE2VFcbVuAUIIFyDNg--?FILE= Prlra Contmictor Affidavit SOMM421d. Thank you, your CoistraalgrAfildavit has been approved. Conftrransl don Summary Conlimuftri Number. 5ubmlttsd Data and Time: Legal Nam: Federal Employer iD: tlser Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minneaote ID; ProJed OWrrer: Protect Number. ProJacl; Begin Data: Protect EW Dale; ProJeot Location: ProJectAmounk Subcontracionr: 1-156-031.296 28-%P-2015 3AO:3i PM REINER CONTRACTING INC 41-1831218 IanceglS Contractor Affidavit 826490880 2595892 CiIY OF NEW HOPE C rrY PROJECT # 945 05Aug-2015 21 -Aug -2015. WINNETKAAVE. NEW HOPE. MN $3,57625 No Subcontreciors Important Wastages A copy oft ds page must be provided to the contractor or gmernment agency that hired you. Contact Us Ifyou need further sesh tante, contact our Withholding Tax Division at 851-282-9996, (toll4ea) 800-667-3504, or (email) withholding.taxCatsta.mn.us. Business hours are 6:00 arn. -4x30 P.M. Monday - Friday. Please 2dQUhk&m for your records using the print or save functionality built Into your browser. hgpsJh W.mndorfts.mn.uwVkservkwj pUM%�dA(uAUiiFYDNg_?FILE =Prinl2 i/i 19/25/15 09:01AM PDT Sir Lines -A -Lot -> FETr:'I3 Thank you, your Contractor Affidavit has been approved. Conflmitartlon Summary ConAnme9on Number: 0-01"91.584 Submtilad pate and Time: 2&aop 2015 1057:27 AM Legal Name: SIR LINES -A -LOT INC Federal Employer ID: 48-5427707 User Who Submitted: Ilnesslot Type ofRequeatSubmitted. ConbactorAllidevit Affldavk Summary AlRdavilt Member: MInnesolsID- Project Owner. Project Number. Project Begin Data: Project End Dale: Project Location: ProjefxM Ot Subconlr tefors 1580"5400 3508324 CITY OF NEW HOPE 949 01'%P4015 01-8ep-2015 CITY OF NEW HOPE 63A23.20 NoSubcontroc re. MN b3rvic" 9524451056 Pg 2/2 Impoftant Messages A copy of this page rnuat be provided to the eantruckwor govemmentagenhy that hired you. Contact Us If you need further assi3fance, conmci our WNhholding Tarr Division at 051-282-®895, Wb *ee) 800657-3584, or (small) withhnldMg.tax®atef�mn.us, iBusinm hours aro 8.00 a.m.-4:30 pm. Monday- Friday. data;taMhpni,chrset--utf-B.%3Cdv41=d%3D%Zftr4Wr rj)-4%229JWSoir%3D%22UfawStecitYew°2D%22%20We'K3p9 ZiWor%3A7L20rgti(u=,.. 11'1 Page X of 1 Thank You. Your Contractbr Affttfarrit has been approved. Confirmation .Summary Confirmation Number Submitted Date and Tlme: Legal Name: Federaf Employer [D. User Who Subml!ied: TYPO Or Request Submiftd: Affidavit Summary Affidavit Number: Minnesota [Ds Project Owner. Project Number. Project Begin fate; Project End Date. prof f GWU0rl: Project Amount: Suboontma fors: 0-090-489.600 29=00-2015 7:24.12 AAA CURB MASTERS INC 41-1606037 Linda H C0090110r Affldavft 2013937864 2207114 CITY OF NEW HOPE 5226 10-AugQ015 2t -Aug -2015 WINNETKA AVENUE QUIET ZONE NEW HOPE. $36,09240 No Suboontracfors Important Messages A copy of this page must be provided to the contradoror goventmentagency VW hired you. Contact U$ If you needArther assistance, Wntectour Withhbldfng Tax Division at 8-51-2824999. {iWrW) ppp=857 4, or (email) Wdhh0ldmu.hmQstate:mn_us. gustiness hours gre.8:oo a.m. -4,30 pm, Monday -.Friday Please Prin -this for your »wards using the print or Barre funcilonauty built into your browser, hl'Ps:!Iwww.MndoT.state.mn.us/tp/eserWces/- /Retrieve/O/b-i2 m6 w IQRVxObvCyE9bi... 10/29/2015 Page 1 of r. �r ,• ��J MINNESOTA- 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: MinnesotaID: Project Owner. Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors. 0-738-152-320 28 -Sep -2015 4:18:07 PM SAFETY SIGNS LLC 41-1991774 sue blanchard Contractor Affidavit 1066876828 5139558 CITY OF NEW HOPE 945 17 -Aug -2015 28 -Aug -2015 WINNETKA AVENUE QUIET ZONE $7,157.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us 1f you need further assistance, contact our Withholding Tax Division at 651-2a2-9999, (toll-free) 800-657-3)94, or (email) withholding.texCstate.mn,us. Business hours are 8.00 a.m. - 4:30 p.m. Monday - Friday. Please print this pace for your records using the print or save functionality built Into your browser. Ap https://www,mndor.state.mn.us/tp/eservices/ /Retrieve/0/b-/Q.n2QV61FFIupOW2GSsTVT... 9128/2015 December 23, 2015 Mr. Wayne Loos Hennepin County Transportation Dept. 1600 Prairie Drive Medina, MN 55340 Subject: Agreement PW 08-39-15 CP 1504 In accordance with Article V of the fore -mentioned agreement, this letter serves as notification that New Hope City Council finalized the project on November 23, 2015. Please refer to the attached spreadsheet outlining the amount due of $30,708.66 from Hennepin County. A previous payment of $97,786.64 was received by the city. The cooperative agreement specifies a maximum of $140,000 reimbursement to the city for the Winnetka Avenue Quiet Zone project. We appreciate Hennepin County's financial assistance with this project. If you have questions regarding the enclosed invoice, please contact Bob Paschke, director of public works, at 763-592-6766. Thank you. Sincerely, Valerie Leone, CMC City Clerk Enclosures: invoice, cost detail, and page 3 of agreement 011thning invoice process cc: Bob Paschke, public works director Kirk McDonald, city manager 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 Remit To: CITY OF NEW HOPE 4401 XYLON AVENUE N NEW HOPE MN 55428 Billtng Address: 117447 HENNEPIN COUNTY TRANSPORTATION PLANNING 11600 PRAIRIE DR MEDINA MN 55340-5421 Item ......._.,.._..__...._.....-- Remark 001 002 PW 08-39-15 CP 1504 Total Amount invoiced Tax Amount Balance Due Attention Customer: . 1 I Invoice Date 7131 5 Due Date 813 16 Pale: i Amount __:gam 5 < , 7 o g. When you provide a check as payment, you authorize the city to use information from your check to make:a one-time electronic fund transfer from your account or to process the payment as a deck transaction. When the city uses information from your check to make.an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your Payment, and yqu will not receive your check back from your financial institution. For inquiries, please call 763-531-5130. CITY OF iEw HOPE 4401 Xylon !avenue Borth e New Hope, Minnesota 55426-4898 - l& W. ci.new-hope-mi-i.us City Hall- 763-5.31-5100P° Pk)l.ice (non-ernergen.cy): 763-531-51.70 c Public Warks. 753-592-6777 City Hall Fax: 763-531-5136 ~= Police pax: 763-531.-5174 o Public. Worley Fc1x: 753-592-6775 Winnetka Ave Quiet Zone #945 Costs Agreement PW 08-39-15 CP 1504 369.00 Engineering services (Stantec Consulting) 736.50 430.50 174.00 1,237.50 1,803.22 1,230.00 945.50 4,043.00 4,637.08 3,689.89 2,130.85 3,533.10 24,960.14 Subtotal 505.50 Legal services (Jensen Sondrall Persellin & Woods) 113.17 Legal ad (Finance and Commerce) 618.67 Subtotal 108,640.99 contractor (Northwest Asphalt) -5,724.50 change order water valve (city expense) 102,916.49 Subtotal 128,495.30 Total due by county ($140,000 max) -97,786.64 payment made by county (959 of orig contract) 30,708.66 Balance due by county R55GLACT LOG26000VO Activity by Subledger, BU, Obi CITY OF NEW HOPE 12/23/2015 9:31;59 Ledger AA General Ledger Activity Page- 1 1/1/2012 - 12/22!2015 U Doc Doc No GL Date Rec/Ck# Account Number Description DebRAmount Credit Amount GL Explanation / Remark Address Name Subledger 945 Winnetka Railroad Quiet Zone 0523 Street Repair and Maint PV 88959 11!25!2015 162842 0523.7030 Engineer service 0523.7030 Total 3,533.10 3,533.10 2014 Wnneft Avenue Quiet Zon 3,533,10 Net 115732 STANTEC CONSULTING SERVICES IN PV 89085 12/2/2015 162901 0523.7930 Imprnnts Othr Bldg 0523.7930 Total 10,870.32 10,870,32 1ARke Quiet Zone 10,870.32 Net 102854 NORTHWEST ASPHALT INC 0523 Street Repair and Malnt14,403.42 14,403.42 Net 0529 Street Intrast Capital Project PV PV PV PV PV PV PV PV PV PV PV PV 81474 82605 82764 82993 83065 84412 84430 85069 86096 86950 87409 88311 10/1!2014 121=014 12!1012014 12/31/2014 12131/2014 3/18/2015 3/1812015 4/22/2015 8/172015 8/52015 8126/2015 10/14/2015 159128 159735 159797 159949 159949 160602 160602 160935 161433 161668 182072 162500 0529.7030 0529.7030 0529.7030 0529.7030 0529.7030 0529.7030 0529.7030 0529.7030 0529.7030 0529.7030 0529.7030 0529.7030 EnghroerService Engineer Service Engineer Service Engineer5ervice Engineer Service Engineer Service EngineerServce Englneer Service Engineer Service Engineer Service Engineer Service Engineer Service 0529.7030 Total 369,00 736.50 430.50 174,00 1,237.50 1,803.22 1,230.00 945.50 4,043.00 4,637.08 3,689.89 2,130.85 21,427,04 Wtka Railroad Quiet Zona 2014 Wtka Quiet Zone WBcaAve Quiet Zone Winnetka Quiet zone 2014 WinnelkaAve OZ tllMca Quiet Zone Wlka Quiet Zone 2014 Wtka Ave quiet zone 2014 Wtka Ave Quiet Zone 2014 Winnetka Quiet Zone 2014 Winnatka Quiet Zone 2014 MAnnetka Quiet Zone 21,427.04 Net 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN 115732 STANTEC CONSULTING SERVICES IN PV 86749 7/222015 161731 0529.7040 Legal Service 0529.7040 Total 505,50 505,50 VIHka Ave quiet zone 505.50 Net 100243 JEN$EN SONDRALL PERSELLIN & W PV PV 85846 87890 6/102015 9!23!2015 161304 162306 0529.7930 0529.7930 Imprvmts Othr Bldg im rvmts Otter Bldg P g 0529.7930 Total 113.17 97,770.67 97,883,84 bids VAm Ave quiet zone 97,863.84 Net 113881 FINANCE AND COMMERCE 102854 NORTHWEST ASPHALT INC 0529 Street Infmst Capital Project 119,816.38 119,816,38 Net 9203 Strt inhashnctr-BS/Inc RI 5351 7/31/2015 9203.4480 County -Otter Grant 92034480 Total 97,788.64 97,786.64 Agreement 97,786.64 -Net 117447 HENNEPINCOUNTY TRANSPORTATION 9203 Strt Intrastrclr-BSAnc 97,786.64 97,786.64- Net Total 134,219.80 97,786.64 36,433.16 Net Agreement No. PW 08-39-15 CSAR 156; C.P. 1504 IV The construction of this Project shall be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with the plans and specifications. The County Engineer and representative staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. The County agrees that the City may make changes in the above referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval of the County Engineer or designated representative on change orders or supplemental agreements involving work on CSAH 156. The County will respond to the City's request for approvals within seven (7) calendar days. U The County shall reimburse the City for all concrete work included in the Project and for a bituminous overlay at the concrete medians that will be constructed as part of the Project. The County will reimburse the City for the costs to construct concrete sidewalk and trail, concrete pedestrian ramps, concrete medians, concrete curb and gutter, and concrete road surfaces outside the limits of the railroad grade crossing surface. In addition, the County will reimburse the City for the costs to install a two inch bituminous overlay on CSAR 156 from the. railroad grade crossing surface to the ends of the concrete medians constructed as part of the Project, and for installation of all necessary pavement markings and/or signs at said bituminous overlay. It is understood and agreed that the County's reimbursement to the City for the concrete work included in the Project and for said bituminous overlay, pavement markings and signs shall not to exceed the amount of One Hundred and Forty Thousand Dollars and No Cents ($140,000.00). After an award by the City to the successful bidder for construction of the Project, the City shall invoice the County for ninety five (95) percent of the County's participating share of the construction costs for the Project. The remainder of the County's share of the construction costs will be due the City upon the completion of the Project, and upon review and approval of the Project by the County Engineer or designated representative. Upon approval of the completed Project by the County Engineer or designated representative the City shall submit its final invoice to the County. The County will within forty five (45) days of said invoices, deposit with the City funds totaling the amount of the invoices. - 3 - 1111 L. February 24, 2016 Mr. Wayne Loos Hennepin County Transportation Dept. 1600 Prairie Drive Medina, MN 55340 Subject: Agreement PW 08-39-15 CP 1504 �q� In accordance with Article V of the fore -mentioned agreement, this letter serves as notification that New Hope City Council finalized the project on November 23, 2015. Please refer to the attached spreadsheet outlining the amount due of $32,378.16 from Hennepin County. A previous payment of $97,786.64 was received by the city. The cooperative agreement specifies a maximum of $140,000 reimbursement to the city for the Winnetka Avenue Quiet Zone project. We appreciate Hennepin County's financial assistance with this project. If you have questions regarding the enclosed invoice, please contact Bob Paschke, director of public works, at 763-592-6766. Thank you. Sincerely, zq �c Valerie Leone, CMC City Clerk Enclosures: invoice, cost detail, and page 3 of agreement outlining invoice process cc: Bob Paschke, public works director Kirk McDonald, city manager CITY OF NEW L LOPE 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 Winnetka Ave Quiet Zone #945 Costs Agreement PW 08-39-15 CP 1504 369.00 Engineering services (Stantec Consulting) 736.50 430.50 174.00 1,237.50 1,803.22 1,230.00 945.50 4,043.00 4,637.08 3,689.89 2,130.85 3,533.10 1,130.75 484.75 54.00 26,629.64 Subtotal 505.50 Legal services (Jensen Sondrall Persellin & Woods) 113.17 Legal ad (Finance and Commerce) 618.67 Subtotal 108,640.99 contractor (Northwest Asphalt) -5,724.50 change order water valve (city expense) 102,916.49 Subtotal 130,164.80 Total due by county ($140,000 max) -97,786.64 payment made by county (95% of orig contract) 32,378.16 Balance due by county N N z z z d O z z z z z z z z z z z z z 3 N M m ry N e w n a d m Z N W > O z J Nz z U U W Z N 0 W > W O z J z U U W Z f N N W > W N (7 z J N z pU U W Z r N U 2 r J = ILL/1 a Sy r o Z N W > K W N O z J N z 0 U W z Q¢ r N N W > K W N C9 Z J N z 0 U W Z r N N W > K W N O z J N z 0 U W z Q r N N W > W w N C7 z J N z 0 U W Z a¢ r N N W > W w N (7 Z J N z 0 U W Z r N N W > w W N (7 z J z z 0 U W 2 a¢ r N N W > w W N O z J z z 0 U W z r N 0 W _U > w W N O Z J N z 0 U W z Q r N Nw W U > w W N C7 z J N z 0 U W z a r N W _U > K W N O z J N z 0 U W z a r N N W _U > W w N O z J N z 0 U W Z a r N N W U > W w N O z J N z 0 U W z a r N N W U > W W N C9 z J N z 0 U W z a r N yy Z N w W m J K z z N z N z W W U U Z x w E x N z 0 U a a W x z r z p li Z D r N n m N M N N n O'1 N N N M n CN'1 N � n pNl N N N M N OJ N M n tN+f N a N m N M m N N N 0 d O � O N O H E W >> e e d e w z and z z d z N U : ¢ Q C y 0 d d C d N N N N N N N N c y N O a v N¢ d v v O O p 0 0 Q W not N N Q Q d a N N N y y N C C K Y$ < y �$ O z 16 z z Z cl 0 'o H v N U a N W + a > n r O � r z iti f 0 d M M 0' On w 9 d e m m ^\ q N a I )O U U, x : ¢ Q C y 0 d d C d N N N N N N N N c y N O a v N¢ d v v O O p 0 0 Q W not N N Q Q d a N N N y y N C C K Y$ < y �$ O z 16 z z Z 0 H a N r z iti f 0 U Z ^\ z 7 I \ x n n r� c 0 v _ w a w c w N 'w d o E w w` w w` y w w` w w` w w w w w` w w w` w` w w` w w` E E y U h nd ro o m o r o` m E N Z � O M O M O M M. M. . M. M COI m M e M O p n n n m n O n O n O n O n O n O O O O O O O O O m COJ m p y M of M M m n n n n n n n n n n n e of ai of m of of w of of of of m ry m M O O O O d O O O O O O O O O O O O N 2 O O O O m e d C 0 1NO b ^ m m m m m 0 0 0 T N N Cm1 r r Q N O d N N N N O N N N N C6 O N J N 10 r l7 (� O th O 11� N\? ? N m YY O M N .N- 1° M 'o m n m m m n O 2 d d M m N n O m n O 10 m m M b N N O n e e 0 o p w N M m O1 qM m N e m n m o e e o o m e n e n m m M y w m M � m mN 0 W m 0 m mm m m 0 m W m mM W N m m no f > > > > > > I o a m . . .> a . . rc Certified Mail, return receipt requested June 3, 2019 Associate Administrator for Safety Federal Railroad Administration 1200 New Jersey Avenue SE Washington, DC 20590 RE: 24 -Hour Quiet Zone Notice of Continuation Winnetka Avenue (Crossing No: 688954Y) MP 8.11 New Hope, MN To Whom it May Concern: The City of New Hope, Minnesota wishes to continue implementation of the 24-hour quiet zone based on the Final Train Locomotive Horn Rules developed by the Federal Railroad Administration. The quiet zone complies with 49 CFR Part 222, under provision 222.39(a)(1). The 24-hour quiet zone at crossing 688954Y, Winnetka Avenue, was established on October 22, 2015. The quiet zone consists of 1 public grade crossing on Winnetka Avenue (DOT 688954Y). The crossing is located on the St. Paul Service Area, Paynesville Subdivision of the Soo Line Railroad at MP 8.11. The crossing at Winnetka Avenue has railroad signals with gates. Pedestrian crossings are located on the east and west sides of Winnetka Avenue. Per the recommendations of Mn/DOT's Jim Weatherhead, additional signage has been added for pedestrians on the north and south approaches stating "Look" and "No Train Horns." All "No Train Horn" signage has been installed. There are no private grade crossings, or grade separations within the quiet zone limits. The Notice of Intent was issued by certified mail on May 12, 2015. The implemented SSMs installed at the Winnetka Avenue crossing includes a 100' non - traversable center median on the north and south sides of the tracks along with advance warning signage and pavement markings. The existing and current Grade Crossing Inventory Forms are attached for the Winnetka Avenue crossing showing the implemented SSM. On the following page are primary and secondary responsible persons for monitoring compliance with the requirements of the Quiet Zone: 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 Primary: Bernie Weber Secondary: Dave Lemke Public Works Director Public Works Operations Manager City of New Hope City of New Hope Phone: 763-592-6772 Phone: 763-592-6762 E-mail: bweber@newhopemn.gov E-mail: dlemke@newhor)emn.gov Sincerely, gQjaj.& c Bernie Weber Public Works Director City of New Hope Attachments: Contact List (Below) Signed Certification (Below) Pre -Improvement Grade Crossing Inventory Form Updated Post -Improvements Grade Crossing Inventory Form cc Mr. Jim Krieger Manager Public Works Canadian Pacific Railway 120 South 6'" Street, Suite 900 Minneapolis, MN 55402 Mr. Jim Weatherhead Metro Area Project Manager Mn/DOT Rail Administration, MS 470 395 John Ireland Blvd St. Paul, MN 55155 Region 4 - Regional Crossing Manager Federal Railroad Administration 200 West Adams Street, Suite 310 Chicago, IL 60606 Quiet Zone Designation: DOT. 688954Y, Winnetka Avenue, New Hope, Minnesota I hereby certify that responsible officers of the public authority of which I am the Chief Executive Officer have reviewed documentation prepared for the FRA. Filed in Docket No. FRA -1999-6439, sufficient to make an informed decision regarding the advisability of establishing the quiet zone. Kirk McDonald, New Hope City Manager D to 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 U. S. DOT CROSSING INVENTORY FORM DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION OMB No. 2130-0017 Instructions for the initial reporting of the following types of new or previously unreported crossings: For public highway -rail grade crossings, complete the entire inventory Form. For private highway -rail grade crossings, complete the Header, Parts I and II, and the Submission Information section. For public pathway grade crossings (including pedestrian station grade crossings), complete the Header, Parts I and II, and the Submission Information section. For Private pathway grade crossings, complete the Header, Parts I and II, and the Submission Information section. For grade -separated highway -rail or pathway crossings (including pedestrian station crossings), complete the Header, Part 1, and the Submission Information section. For changes to existing data, complete the Header, Part I Items 1-3, and the Submission Information section, in addition to the updated data fields. Note: For private crossings only, Part I Item 20 and Part III Item 2.K. are required unless otherwise noted. An asterisk * denotes an optional field. A. Revision Date B. Reporting Agency C. Reason for Update (Select only one) D. DOT Crossing (MM/DD/YYYY) ❑ Railroad ❑ Transit ® Change in ❑ New ❑ Closed ❑ No Train X Quiet Inventory Number 061.011120 19 Data Crossing Traffic Zone Update ® State ❑ Other ❑ Re -Open ❑ Date ❑ Change in Primary X Admin. 688954Y Change Only Operating RR Correction I. Primary Operating Railroad 2. State 3. County SOO Line Railroad Company [SOO] MINNESOTA HENNEPIN 4. City/ Municipality 5. Street/Road Name & Block Number 6. Highway Type & No. ® In WINNETKA AVE I ❑ Near NEW HOPE (Street/Road Name) I * (Block Number) CSAH156 7. Do Other Railroads Operate a Separate Track at Crossing? ❑ Yes ® No 8. Do Other Railroads Operate Over Your Track at Crossing? ❑ Yes ®No If Yes, Specify RR If Yes, Specify RR 9. Railroad Division or Region 10. Railroad Subdivision or District 11. Branch or Line Name 12. RR Milepost 0008.110 ❑ None EAST ❑None PAYNESVILLE ❑None MP (prefix) � (nnnn.nnn) I (suffix) 13. Line Segment 14. Nearest RR Timetable S. Parent RR (if applicable) 16. Crossing Owner (if applicable) ' Station CRYSTAL ❑ N/A CP ® N/A 17. Crossing Type 18. Crossing Purpose 19. Crossing Position 20. Public Access 21. Type of Train22. Average Passenger ® Highway ® At Grade (if Private Crossing) W Freight ElTransit Train Count Per Day ® Public ElPathway, Ped. ElRR Under ElYes ElIntercity Passenger ElShared Use Transit ❑ Less Than One Per Day ❑ Private ❑ Station, Ped. ❑ RR Over ❑ No ❑ Commuter ❑ Tourist/Other ❑ Number Per Day 0 23. Type of Land Use ❑ Open Space ❑ Farm ❑ Residential ® Commercial ❑ Industrial ❑ Institutional ❑ Recreational ❑ RR Yard 24. Is there an Adjacent Crossing with a Separate Number? 25. Quiet Zone (FRA provided) ❑ Yes ® No If Yes, Provide Crossing Number IN No X 24 Hr ❑ Partial ❑ Chicago Excused Date Established: October 2212015 26. HSR Corridor ID 27. Latitude in decimal degrees 28. Longitude in decimal degrees 29. Lat/Long Source ® N/A (WGS84st& nn.nnnnnnn) 45.048525 (WGS84 std:-nnn.nnnnnnn)-93.380409 ® Actual ❑ Estimated 30.A. Railroad Use * 31.A. State Use F-09188 30.B. Railroad Use * 31.B. State Use * 30.C. Railroad Use * 31.C. State Use * 30.D. Railroad Use * 31.D. State Use * 32.A. Narrative (Railroad Use) * 32.B. Narrative (State Use) ' 33. Emergency Notification Telephone No. (posted) 34. Railroad Contact (Telephone No.) 35. State Contact (Telephone No.) 800-716-9132 800-716-9132 651-366-3667 1. Estimated Number of Daily Train Movements I.A. Total Day Thru Trains I.B. Total Night Thru Trains 1.C. Total Switching Trains 1.D. Total Transit Trains 1.E. Check if Less Than (6 AM to 6 PM) (6 PM to 6 AM) One Movement Per Day ❑ 10 10 0 0 How many trains per week? 2. Year of Train Count Data (YYYY) 3. Speed of Train at Crossing :13.13. 3.A. Maximum Timetable Speed (mph) 40 2016 Typical Speed Range Over Crossing (mph) From 10 to 40 4. Type and Count of Tracks Main 1 Siding0 Yard 0 Transit 0 Industry 0 5. Train Detection (Main Track only) O Constant Warning Time ❑ Motion Detection ❑AFO ❑ PTC ❑ DC ❑ Other ❑ None 6. Is Track Signaled? 7.A. Event Recorder 7.13. Remote Health Monitoring ® Yes ❑ No I ❑ Yes ® No ❑ Yes ® No FORM FRA F 6180.71 (Rev. 3/15) OMB approval expires 8/31/2019 Page 1 OF 2 U. So DOTE CROSSING Of VENTORY FORM A. Revision Date (MM/DD/YYYY) PAGE2 D. Crossing Inventory Number (7 char.) 10 0i 11i�u1 v 688954Y Part Ili: Hieway or Pathway Trafc Can tmoi De f5ce h ifrommadon 1. Are there 2. Types of Passive Traffic Control Devices associated with the Crossing Signs or Signals? 2.A. Crossbuck 2.B. STOP Signs (RI -1) 2.C. YIELD Signs (Rl-2) 2.D. Advance Warning Signs (Check all that apply; include count) ❑ None ® Yes ❑ No Assemblies (count) (count) (count) Cd W10-1 2 ❑ W10-3 ❑ W10-11 2 0 0 ❑ W10-2 ❑ W10-4 ❑ W10-12 2.E. Low Ground Clearance Sign 2.F. Pavement Markings 2.G. Channelization 2.H. EXEMPT Sign 2.1. ENS Sign (1-13) (W10-5) Devices/Medians (R15-3) Displayed ❑ Yes (count ) IR Stop Lines ❑Dynamic Envelope IR All Approaches C$ Median ❑ Yes ® Yes ® No ® RR Xing Symbols ❑ None ❑ One Approach ❑ None Iii No ❑ No 2.J. Other MUTCD Signs IR Yes ❑ No 2.K. Private Crossing 21. LED Enhanced Signs (List types) Signs (if private) Specify Type W10-9 Count 8 Specify Type R15-8 Count 4 ❑ Yes ❑ No Specify Type R15-1 Count 2 3. Types of Train Activated Warning Devices at the Grade Crossing (specify count of each device for all that apply) 3.A. Gate Arms 3.B. Gate Configuration 3.C. Cantilevered (or Bridged) Flashing Light 3.D. Mast Mounted Flashing Lights 3.E. Total Count of (count) Structures (count) (count of masts) 2 Flashing Light Pairs lid 2 Quad ❑ Full (Barrier) Over Traffic Lane 2 ❑ Incandescent ❑ Incandescent ❑ LED Roadway 2 ❑ 3 Quad Resistance ❑ Back Lights Included ❑ Side Lights 8 Pedestrian 0 ❑ 4 Quad ❑ Median Gates Not Over Traffic Lane 2 Cd LED Included 3.F. Installation Date of Current 3.G. Wayside Horn 3.11. Highway Traffic Signals Controlling 3.1. Bells Active Warning Devices: (MM/YYYY) Crossing (count) IR Not Required 0Ye Installed on (MM/YYYY) ElYes ® Nolid 1 No 3.J. Non -Train Active Warning 3.K. Other Flashing Lights or Warning Devices ❑ Flagging/Flagman ❑Manually Operated Signals ❑ Watchman ❑ Floodlighting ® None Count 0 Specify type 4.A. Does nearby Hwy 4.B. Hwy Traffic Signal 4.C. Hwy Traffic Signal Preemption 5. Highway Traffic Pre -Signals 6. Highway Monitoring Devices Intersection have Interconnection ❑ Yes ® No (Check all that apply) PP Yl Traffic Signals? ® Not Interconnected ❑ Yes - Photo/Video Recording ❑ For Traffic Signals ❑ Simultaneous Storage Distance * ❑ Yes —Vehicle Presence Detection ❑ Yes ® No ❑ For Warning Signs ❑ Advance Stop Line Distance lid None ' Pert IV:011"Icall C#ar 1. Traffic Lanes Crossing Railroad ❑ One-way Traffic 2. Is Roadway/Pathway 3. Does Track Run Down a Street? 4. Is Crossing Illuminated? (Street ® Two-way Traffic Paved? lights within approx. 50 feet from Number of Lanes 4 El Divided Traffic 01 Yes ❑ No ❑ Yes ® No nearest rail) IR Yes ❑ No 5. Crossing Surface (on Main Track, multiple types allowed) Installation Date * (MM/YYYY) Width " Length ❑ 1 Timber ❑ 2 Asphalt El3 Asphalt and Timber ® 4 Concrete ❑ 5 Concrete and Rubber ❑ 6 Rubber ❑ 7 Metal ❑ 8 Unconsolidated ❑ 9 Composite ❑ 10 Other (specify') 6. Intersecting Roadway within 500 feet? 7. Smallest Crossing Angle 8. Is Commercial Power Available? 19 Yes ❑ No If Yes, Approximate Distance (feet) 200 ❑ 0'— 29° ❑ 30° — 59' ® 60'- 90° IR Yes ❑ No Part V. Pub]iic Highway Information 1. Highway System 2. Functional Classification of Road at Crossing 3. Is Crossing on State Highway 4. Highway Speed Limit ❑ (0) Rural IR (1) Urban System? 35 MPH ❑ (01) Interstate Highway System ❑ (1) Interstate ® (5) Major Collector ❑ Yes Cd No N Posted ❑ Statutory ❑ (02) Other Nat Hwy System (NHS) ❑ (2) Other Freeways and Expressways 5. Linear Referencing System (LRS Route ID) ® (03) Federal AID, Not NHS ❑ (3) Other Principal Arterial ❑ (6) Minor Collector 6. LRS Milepost ❑ (08) Non -Federal Aid ❑ (4) Minor Arterial ❑ (7) Local 7. Annual Average Daily Traffic (AADT) 8. Estimated Percent Trucks 9. Regularly Used by School Buses? 10. Emergency Services Route Year 2015 AADT 9900 10 % IR Yes ❑ No Average Number per Day 99 ❑ Yes ® No Submission Information - This information is used for administrative purposes and is not available on the public website. Submitted by: Bernie Weber Organization: City of New Hope, MN Phone: 763-592-6772 Date: June 3, 2019 Public reporting burden for this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. According to the Paperwork Reduction Act of 1995, a federal agency may not conduct or sponsor, and a person is not required to, nor shall a person be subject to a penalty for failure to comply with, a collection of information unless it displays a currently valid OMB control number. The valid OMB control number for information collection is 2130-0017. Send comments regarding this burden estimate or any other aspect of this collection, including for reducing this burden to: Information Collection Officer, Federal Railroad Administration, 1200 New Jersey Ave. SE, MS -25 Washington, DC 20590. FORM FRA F 6180.71 (Rev. 3/15) OMB approval expires 8/31/2019 Page 2 OF 2 U.S. DOT - CROSSING INVENTORY INFORMATION AS OF 6/2/2014 Crossing No.: 688954Y Update Reason: Changed Crossing Effective Begin -Date of Record: 10/07/13 Railroad: SOO SOO Line RR Co. [SOO ] End -Date of Record: Initiating Agency Railroad Type and Positiion: Public At Grade Part I Location and Classification of Crossing Division: ST PAUL SERVIC Subdivision: PAYNESVILLE Branch or Line Name: MP Railroad Milepost: 0008.11 RailRoad I.D. No.: CSAH156 Nearest RR Timetable Stn: CRYSTAL Parent Railroad: Canadian Pacific Rwy Co. (CP ] Crossing Owner: Latitude: ENS Sign Installed: Yes Passenger Service: None Avg Passenger Train Count: 0 Adjacent Crossing with No Separate Number: Private Crossing Information Category: Specify Signs: ST/RR A ST/RR B Railroad Use: State Use: F -0918B Narrative: Emergency Contact: (800)716-9132 Part II Railroad Information Railroad Contact: State: MN County: HENNEPIN City: In NEW HOPE Street or Road Name: W/NNETKA AVE Highway Type & No.: CSAH156 HSR Corridor ID: County Map Ref. No.: 527 Latitude: 45.0484010 Longitude: -93.3804020 Lat/Long Source: Neither Quiet Zone: No Public Access: Unknown Specify Signals: ST/RR C ST/RR D State Contact: (651)366-3667 Number of Daily Train Movements: Less Than One Movement Per Day: No Total Trains: 22 Total Switching: 2 Day Thru: 10 Typical Speed Range Over Crossing: From 10 to 20 mph Maximum Time Table Speed: 20 Type and Number of Tracks: Main: 1 Other 0 Specify: Does Another RR Operate a Separate Track at Crossing? No Does Another RR Operate Over Your Track at Crossing? No U.S. DOT - CROSSING INVENTORY INFORMATION Crossing 688954Y Continued Effective Begin -Date of Record: 10/07113 Crossing Railroad: End -Date of Record: Part III: Traffic Control Device Information Crossing Surface: Signs: Nearby Intersecting 10 Avg. No of School Buses per Day: Crossbucks: 0 Highway Stop Signs: 0 Advanced Warning: Yes Hump Crossing Sign: No Pavement Markings: Stop Lines and RR Xing Other Signs: 0 Specify: Symbols 0 Train Activated Devices: Gates: 2 4 Quad or Full Barrier: Mast Mounted FL: 0 Total Number FL Pairs: 8 Cantilevered FL (Over): 2 Cantilevered FL (Not over): 2 Other Flashing Lights: 0 Specify Other Flashing Lights: Highway Traffic Signals: 0 Wigwags: 0 Bells: 1 Other Train Activated Special Warning Devices Not Warning Devices: Train Activated: Channelization: Type of Train Detection: Motion Detectors Track Equipped with Yes Traffic Light N/A Train Sionals? Interconnection/Preemption- Part IV: Phvsical Characteristics Type of Development: Commercial Number of Traffic Lanes 4 Crossing Railroad: Is Highway Paved? Yes Crossing Surface: Concrete Nearby Intersecting 10 Avg. No of School Buses per Day: Highway? 76 to 200 feet Does Track Run Down a Street? No Is Commercial Power Available? Yes Part V: Hiahwav Information Smallest Crossing Angle: 60 to 90 Degrees Are Truck Pullout Lanes Present? No If Other: Is it Signalized? Is Crossing Illuminated? Highway System: Other FA Highway -Not NHS Functional Classification of Is Crossing on State Road at Crossino No Highway System: Annual Average Daily 010400 AADT Year: Traffic (AADT): Estimated Percent Trucks: 10 Avg. No of School Buses per Day: Posted Highway Speed: 35 No Yes Urban Minor Arterial 2011 263