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06-07-10 SCCITEM 3 D. DANIEL LICHT From: Ron Wagner [RonW@hakanson-anderson.comj Sent: Friday, May 28, 2010 11:32 AM To: Tom Brown; Todd Cc: Mike Robertson; Gary Groen; Tami Loff; Andy MacArthur; Brad Belair; ddl@planningco.com Subject: GRC Street Issues Tom As stated at the meeting on Thursday, Brad and I find milling and patching of existing deficiencies in the base asphalt coarse and a 1 %" overlay unacceptable. It is our opinions that the existing pavement is too far gone and a fix which is likely more costly than the $125,000 in escrow is warranted. Acceptable alternatives that Brad and I discussed are as follows 1) Remove existing base coarse and pave a new 2 %" base coarse and a 1 '/_" wear coarse 2) Mill existing base coarse to 1" thick. Tack at 0.1 gal/SY. Pave new 2" base coarse on remaining old base coarse (preferably on a very warm day and roll with rubber tire roller). Tack at 0.05 gal/SY and pave 1 %" wear coarse. Saw and seal every 100' 3) Least preferable option. Reclaim existing base and inject asphalt oil at geotechnical firms recommended %. Blade and pack to within 2" of final grade. Pave 2" new wear coarse. Please have estimates for all three options available to council June 7th. The council has a workshop scheduled but that will likely be changed to a special meeting to deal with GRC street issues. I would suggest Appello and yourself attending. Thanks Ron 1`111rderson Ronald J. Wagner, CEO 3601 Thurston Avenue Anoka, MN 55303 Phone (763) 427-5860 Fax (763) 427-0520 terra An general contractors, llc 21025 Commence Blvd, Suite 1000 - Rogers, Minnesota 55374 e ph. 763.463.0220 - fax. 763.463.0290 o www. terragc.com May 27, 2010 Mr. Ronald Wagner Hakanson Anderson Associates 3601 Thurston Avenue Suite 101 Anoka, MN 55303 Re: GRC of Otsego Bituminous Dear Ron: .,V On behalf of The Appello Group, LLC (Appello), please find the summery our review of the conditions of the asphalt base course on the remaining streets yet to receive the wea.course at Great River Centre of Otsego (GRC). Per your request we were asked to review the condition of the asphalt: with outside agenejq§ and contractors for solutions that would satisfy your concern for"the potential telegraphing of the cracks in the base course. We have met with a geotechnical firm and with a bituminous contractor on developing options; however, the options=range from crack -sealing prior to ;placing the wear course, fabrics and °.-complete replacement. In either case, cracking will occur and neither entity could convey that either option would not completely {eliminate what has occurred nor could they confirm that it was necessary. No specific testing was completed other than observations. Appello is prepared to place the last lift of bituminous per the original design documents and extends " this commitment to the city per their development agreement. •':This work has been delayed for nearly four (4) years; however, =this has been communicated to the a city and everyone has been aware why ; riginal improvements (road and utilities )APPeIlo was waiting Additionally, Appello Paid for he o throughout GRC and with the $125,000 escrow from the sale to Frauenshuh has the funds to complete. the work as designed. If the City of Otsego desires a different approach to the balance of this work or prefers to complete this ,Y work themselves, they may do so. Again, Appello is prepared to complete the work as designed upon' - approval from the city. look forward to answering any questions that you may have. ,erely, mas H. Brown THB/tb C: Brad Belair, City of Otsego Todd Plaisted, Appello Roger Jensen, Appello File DRAFT- November 13, 2009 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN THE CITY OF OTSEGO, APPELLO GROUP, LLC AND 21sT CENTURY BANK RELATIVE TO ESCROW FUNDS TO COMPLETE CERTAIN REQUIRED PUBLIC IMPROVEMENTS TO THE GREAT RVER CENTRE WHEREAS, the CITY OF OTSEGO (CITY) has entered into an Agreement and addendums thereto with APPELLO GROUP LLC (APPELLO) relative to the Plat of GREAT RIVER CENTRE located within the CITY; and WHEREAS, said Agreement and Addendums require APELLO to timely complete public improvements including, but not limited to, bituminous paving and repair work as well as construction of concrete medians; and WHEREAS, the CITY has been attempting to have APPELLO complete this work over the last six months, but the work has not been timely completed; and WHEREAS, manhole covers were raised in contemplation of the work being completed this year, and the CITY has documented portions of the street which now need patch work as a result of the second lift of bituminous not being applied; and WHEREAS, the CITY has contacted APPELLO and 21 ST CENTURY BANK (BANK) and indicated that the CITY was prepared to draw on the existing Letter of Credit issued by the BANK on behalf of APPELLO in order to assure completion of the public improvements; and WHEREAS, APPELLO and the BANK have indicated that they would escrow certain proceeds from a contemplated closing between APPELLO and TWIN CITY ORTHOPEDIC, and dedicate them to the completion of those most needed public improvements by a date certain, in lieu of the CITY drawing on the Letter of Credit. NOW THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows: 1. In the event that all conditions of the Purchase Agreement are complied with and the proposed transaction between APPELLO and TWIN CITY ORTHOPEDIC actually closes, BANK and APPELLO agree that from that transaction $125,000.00 will be held in escrow by BANK for the benefit of CITY and specifically to cause repairs to existing roadway, a second lift of bituminous and construction of concrete medians within GREAT RIVER CENTRE as set forth on attached Exhibit A, said repairs and improvements to be completed by June 1, 2010. 2. The escrowed funds may be released to make payment for the work if the work is completed by APPELLO, with written authorization of the CITY. In the event that APPELLO does not complete or undertake the work, or does not undertake or complete the work in a timely fashion the escrowed funds shall be released to CITY upon their request for the specific purpose of completing the designated work. 3. In the event that the above mentioned transaction, for whatever reason, does not proceed to closing, or the closing does not occur at such time as to allow the work to be completed by June 1, neither the CITY nor BANK shall have any obligations under this Agreement and the CITY may proceed with any and all other remedies available to it under its Agreements, or by statute or other law, including draw on the current Letter of Credit. AGREED to this _ day of November, 2009. APPELLO GROUP, LLC By: Its 21sT CENTURY BANK Jon Dolphin Vice President CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk 2 L— w w f— N 2 f- 00 co N O�P�Py N, r 0 o } 0 Q V AVENU a PARSON VE. NE w Z F -- w w � b N "0.1110 Q °O o N 0 n A .- NF F URE QUADAY AVE N EXHIBIT A GREAT RIVER CENTRE - REQUIRED BITUMINOUS BASE COURSE REPAIRS AND WEAR COURSE PAVING BY JUNE 1, 2010 REQUIRED CONCRETE MEDIAN BY JUNE 1, 2010 t00 100 200 scu[ IN FEET N SNEET I ■■■ HQl�anson GREAT RIVER CENTRE 1 l„ Anaa9f50n EXHIBIT A: REQUIRED COMPLETION BML _ Assoc.,Inc. i Lon° sW"'YO^ CITY OF OTSEGO 1 bot n.nnm M.�Nwia, em..Na 5vw0 a>E 11 09 16 SNEETS - - - - - M 072298 Tami Loff From: Ron Wagner [RonW@hakanson-anderson.com] Sent: Monday, June 07, 2010 8:10 AM To: Mike Robertson; Brad Belair; Gary Groen Cc: Andy MacArthur; Tami Loff Subject: FW: GRC Street Issues Attachments: image002.gif; image001.gif Tami, Can you make copies for tonights meeting? 1101 - il7 lit M91, I�a�erson Ronald J. Wagner, CEO 3601 Thurston Avenue Anoka, MN 55303 Phone (763) 427-5860 Fax (763) 427-0520 From: Tom Brown [mailto:TBrown@terragc.com] Sent: Monday, June 07, 2010 7:50 AM To: Ron Wagner Cc: Bill Christian; Roger Jensen; Todd Subject: RE: GRC Street Issues Good Morning Ron It is my understanding that Bill Christian of Appello is going to the council meeting this evening. I will be talking with him this morning. I did receive pricing from Omann Bros for the options that the city wanted to review. As suspected, the cost to do any of the options is considerably more than what Appello has in escrow ($125,000) and the reason the cracking has occurred has not been determined. The cause of the cracking is unknown. It could be caused by lack of traffic as you have suggested. I have also heard that because the city's mix design it does not provide for the same flexibility as other mixes that use more RAS (recycled shingles). The only thing we can say is that we are unsure. No geotechnical testing has been completed to know the cause. The acceptable alternatives according to the city are as follows: Option #1 Remove existing base coarse and pave a new 2'/" base coarse and a 1 W wear coarse Additional cost to remove base coarse and install new base is $130,000 Option #2 Mill existing base coarse to 1" thick. Tack at 0.1 gal/SY. Pave new 2" base coarse on remaining old base coarse (preferably on a very warm day and roll with rubber tire roller). Tack at 0.05 gal/SY and pave 1 '/" wear coarse. Saw and seal every 100' Additional cost to mill base coarse, remove millings, tack, saw and seal is $107,976 Option #3 Least preferable option. Reclaim existing base and inject asphalt oil at geotechnical firms recommended %. Blade and pack to within 2" of final grade. Pave 2" new wear coarse. Additional cost to reclaim base, remove excess, inject, grade and compact is $134,112.50 In summary: - The roads have considerable cracking - Appello has $125,000 in escrow and is prepared to perform the balance of the paving as discussed last year - Appello constructed the roads per the City of Otsego's design standards - The City of Otsego tested and inspected the roads as they were installed - Appello has paid for all roads, curb and gutter, utilities, bikepaths, sidewalks and lighting that is currently installed - The additional cost for the options proposed by the city range from $108,000 to $135,000 Tom H. Brown Terra General Contractors d:763.463.0289 c:612.384.5522 From: Ron Wagner [mailto:RonW@hakanson-anderson.com] Sent: Friday, June 04, 2010 2:50 PM To: Tom Brown Subject: RE: GRC Street Issues Any luck on estimated costs Tom Ron LIHkanson arson Ronald J. Wagner, CEO 3601 Thurston Avenue Anoka, MN 55303 Phone (763) 427-5860 Fax (763) 427-0520 From: Tom Brown [mailto:TBrown@terragc.com] Sent: Friday, May 28, 2010 12:29 PM To: Ron Wagner; Todd Cc: Mike Robertson; Gary Groen; Tami Loff; Andy MacArthur; Brad Belair; ddl@planningco.com; Roger Jensen Subject: RE: GRC Street Issues Thanks Ron.....1 will provide pricing to Appello and have them forward onto you. Regarding the meeting on June 7th ..... I will rely on Appello to let me know if they want me there otherwise I would assume they will be in attendance. Tom H. Brown Terra General Contractors d:763.463.0289 c:612.384.5522 From: Ron Wagner [mailto:RonW@hakanson-anderson.com] Sent: Friday, May 28, 2010 11:32 AM To: Tom Brown; Todd Cc: Mike Robertson; Gary Groen; Tam! Loff; Andy MacArthur; Brad Belair; ddl@planningco.com Subject: GRC Street Issues Tom As stated at the meeting on Thursday, Brad and I find milling and patching of existing deficiencies in the base asphalt coarse and a 1 Y2" overlay unacceptable. It is our opinions that the existing pavement is too far gone and a fix which is likely more costly than the $125,000 in escrow is warranted. Acceptable alternatives that Brad and I discussed are as follows 1) Remove existing base coarse and pave a new 2 %" base coarse and a 1 %" wear coarse 2) Mill existing base coarse to 1" thick. Tack at 0.1 gal/SY. Pave new 2" base coarse on remaining old base coarse (preferably on a very warm day and roll with rubber tire roller). Tack at 0.05 gal/SY and pave 1 wear coarse. Saw and seal every 100' 3) Least preferable option. Reclaim existing base and inject asphalt oil at geotechnical firms recommended %. Blade and pack to within 2" of final grade. Pave 2" new wear coarse. Please have estimates for all three options available to council June 7th. The council has a workshop scheduled but that will likely be changed to a special meeting to deal with GRC street issues. I would suggest Appello and yourself attending. Thanks Ron Hakanson derson Ronald J. Wagner, CEO 3601 Thurston Avenue Anoka, MN 55303 Phone (763) 427-5860 Fax (763) 427-0520