VII.1. Award of Contract: Oakes and Valley Park Shelter Renovations; Stadler (CR2016-042)GITY pfi
April 13, 2Q16 H° P K � N S Council Report 2016-042
AWARD OF CONTRACT
Oakes and Valley Park Shelter Renovations
• ... -. � .
Staff recammends adoptian of the following motian: Move that Council award a contract to K.A.
Witt Construction in the amount of $ 572,326 for construction of the Oakes and Valley Park
Shelter Renovations.
Overview
Bids were apened on April 13, 2016 for the construction of the Qakes and Valley Park Shelter
Renovations. We received four bids for the work. The low bidder was K.A.Witt Construction
with a base bid of $479,700. The next lawest bidder was Ebert Construction at $539,497. The
architects estimate was $585,000 (which includes the bid alternative far park lighting}. See
attached bid tabulation. After reviewing the contractor qualification information, speaking with
Three Rivers Park District personnel (recent jab reference) and discussing the project with the
contractor, the architect fully supports an award ta K.A. Witt Construction. Staff would like to
include 2 alternates in the contract award, one is an addition of six outdoor park lights at each
park site and the other is for the full replacement of the picnic shelter at Oakes Park vs. just
replacing the flaor slab and roofing materials. With the two alternates the final contract amount
is $572,326.
Primarv Issues to Cansider
• Contractor qualifications
• Description of proposed selected bid alternates
• Proposed project funding
• Project Schedule
Suppartinq Information
• Plan sheet excerpts
• Cantract form
• Bid tabulatio
Steve Stadler, Public Warks Director
Financial Impact: �676,OOQ Budgeted: YJN Y Sources: Park Improvement Funds
Related Documents {CIP, ERP, etc.): CIP
Notes: 2016 park improvements will be funded via a$'1.3 M bond issue
Council Report 201 &-042
Page 2
Issues to �onsider
• Gontracfior qualifications
KA Witt has been doing general contracting bUsiness for 36 years. They are located in New
Prague, MN. They have extensive experience with the latest being a$1.4M project they are
just finishing for Three Rivers Park District — Phase I Develapment, Cedar Lake Farm. This
praject includes site wark, building remodeling and a new building constructian. We have
spoken with Three F2ivers Park District personnel and they have given KA Witt a very gaod
report in regards to their work to-date.
• Description af proposed selected bid alternates
Bid Alternate
C • ' •
#3 —Add park outdoar lighting (6 pole lights) at each park ......................$52,3Q8
#5 = Oakes Park Picnic Shelter full replacement ...................................$40,318
. . . - . . . - . .
By including alternatas #3 and #5 the total project budget would be as follows:
Base bid: $479,700
Alt #3: $52,308
Alt #5: 40 318
Subtotal: $572, 326
5°lo contingency: $28,617
Admin & Arch/Eng fees: $75,000
Total Praject Cast: $675,943
Below is a table showing the original funding and propased funding:
Fundinq Source C?riqinal Amount Proposed Amount
Park Improvement Fund'� $675,000 $676,000
*The funding comes via four 2016 CIP projecfis. They include: 1) Qakes Park Warming House
and Picnic Shelter -$355,000; Valley Park Warming House -$260,000; 3) Valley Park lighting -
$30,000; and 4} Various Park Drinking Fountains -$30,OQ0.
• Project Schedule
Construction is anticipated to start ontabout July 18, 2016 {after the summer parklplayground
program ends). Work on the Oakes Park picnic shelter cannat commence prior fio Aug 22
{after the summer lunch program ends).
Substantial campletion is October 14, 2016 with final campletion by Nov 1, 2016.
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� =a��� Do�u��nt A� o� — �aa7
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Standard Form of Agreement Between Owner and CQntractor where the basis. of
paymer�t is a Stipulated Sum
AGREEMENT made as of the day of zn the year
(In waYds, indicate dr�y, �nonth und year.)
BETWEEN the Owner:
(Nurne, legal status, address and other infonnation)
Ciry of Hopkins
Public Works Department
1110Q Excelsior Boulavard
Hopkins, MN 55343
Attn: Steven Stadler, P.E.
952-54&-6354 Office
sstadler@hopkinsmn. com
and the Contractor:
(Name, legal status, addl�ess and other in,f'orrv�ation)
for the following Project:
(Nanae, lacatzon und detailed descl�iption)
Oakes Park and Valley Park Shelter Renovations
90Q Lake Street
Hopkins, Minnesota
The Architect:
(I�rai�ae, legal status, address and othe�- in, forination)
Krech, O'Brien, Mueller & Associates, rnc. {KOMA)
6115 Cahi11 Avenue,
Inver Grove Heights, MN 55076
Attn: Steve Iaria, Architect
Direct Line: 651-`789-4127
siaria ,komainc.com
www.komainc.cam
The Owner and Contractor a�ree as follows.
ADDITIONS AND DELETIONS:
The authar of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA standard form. An Additians and
Deletions Report that notes added
information as weli as revisions to
the standard form text is available
from the author and should be
reviewed. A vertic�l line in the left
margin of this document indicates
where the author has added
necessary informafion and where
the author has added to or deleted
�
from the original AIA text.
This document has important legal
, cons�quences. Consultation with an
attorney is encouraged with respect
to its compietion or modification.
AIA Document A201 T"'-2007,
General Conditions of the Contract
for Construcfion, is adopted in this
document by reference. Do not use
with other general conditions unless
this document is modified.
AIA Document A141 T"' — 2007. Copyright OO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 'I997 and 2d07 by The American
Init. �nstitute of Architects. Ali rights reserved. WARNING: This ASA� Document is protected by U.S. Copyright Law and Infernational Treafiies. Unautharized �
repraducfion or distribution of this AIA� Bocument, or any portion of it, may result in severe civii and cr'rmir�a! penalties, and wiil be prosecuted to
1 the maximum ex#ent possibla under t6e Iaw. This document was produced by AIA software at 10:18:26 on 0 312 312 0 1 6 under Order No.6638754078_1 which
expires on 04(0612016, and is not for resale. �
UserNotes: t14465989871
TABLE OF ARTICLES
1 THE CONTRACT DQCUMENTS
2
k�
4
5
6
7
8
THE WORK OF THIS CQNTRACT
DATE OF COMMENCEMENT AND SUBSTANTIAL C�MPLETION
CONTRACT SUM
PAYMENTS
DISPUTE RESQLUTIdN
TERMINATION OR SUSPENSION
MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DQCUMENTS
10 INSURANCEAND B4NDS
ARTICLE 1 THE CflNTRACT DOCUMENTS
The Coniract Documents cansist of this Agreement, Conditions of the Contract (General, Supplementary and other
Canditions), Drawings, Specifications, Addenda issued pribr to execution of this Agreement, ot�aer dacuments listed
in this Agreement and Modifications issued after execution of this Agreement, all of which farm �ie Contract, and
are as fu11y a part of the Contra�t as if attached to this Agreement or repeated herein. The Contract represents the
entire and integrated agzeement between the parties hereto and supersedes prior negotiations, representatious or
agreements,'either written or oral. An enurneration of the Cantract Documents, other than a Madification, appears in
_Article 9.
e
ARTICLE 2 THE WORK OF THIS CdNTRACT
The Contractor sha11 fully execuie the Work described in the Contract Documents, except as specifically indicated�:in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to pzoceed issued by the Owner.
(InseT-t the date of co7nrrzencement �it diffe�s, frorn the dccte of this Agreeraaent a�; if applicable, state that the date
will be fixed in a notice to proceed.)
If, prior to tlae cammencement of the �Vork, the Owner zequires time ta file mortgages and other security interests,
the Owner's time requirement shall be as follows:
N!A
§ 3.2 The Contract Tirne shall be measured from the date af commencement.
§ 3.3 The Contractor shall achieve Substantial eompletion of the entire Work not later than ( } days from the
date of commencement, or as follows:
(Insert nurnber of calendar days. Altel-natively, a ealendar date rn�y be used when coo��dinated ��ith the date of
conztneTacement. Zf a��rropriate, insert requirements for earlier� Substantial Cona�letian of certain�ortions of tlae
WoT�k.)
Init. AIA Document A101 T"' — 20D7. Gopyright �O 1915, 1918, 1925, 1�937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2047 by The Americ
Insti#ute of Architects. AII rights reserved. WARNING; This AIA T?ocument is protectsd by U.S. Copyright Law and tnternaYional Treaties. Unauthori,
reproduction or disiribufiion af fhis AIA� document, or a�y portion of it; may resutt in severe civi] and criminaE penalties, and will be prasec�ted te
� the maximum extent possible under the law. This document was produced by AIR software at 10:18:26 on 03t23(2016 under Order No.6638754078 1 whi
expires on 04106(2016, and is not for resafe. —
User Notes: (14465989&7
Portion of Work Substantial Completian Date
� , subject to adjustments of this Contract Time as provided in the Cantract Documents. �
(insert provisions, if any, for liquidated damages r^elating to failu�^e to achieve Substa�tial Co17z�letion oJz tiTne or for
� bonus payinents foi� ear-ly coTnpletion o, f'the Work.) �
� ARTICLE 4 CONTRACT SUM
§ 4.� The Qwnex shall pay the Contractor the Contract Sum ua current funds fox the Contractor's performance of the
Contract. The Contract Sum shall be ($ ), subject to additions and deductians as provided in the Contract
a Documents.
§ 4.2 The Contract Sum is based upon the foilowing aliernates, if any, which are described in the Contract
Documants and are hereby accepied by the Owner:
� (State the nurnbers or other ident�catian o, f accepted alternates. If the bidding or pt-opasal docurazents per�tTzit the
(Jwner� to accept ather alternates subsequent to the execution of this Agreernent, attach a schedule of saaeh oth er
alternates shawing the amount, for each and the date when that amount e.x�aires.)
§ 4.3 Unit prices, if any: �
(Identify and state the unit price; state quantity limitutions, if any, to which the unit pr�ice will be applicable.)
��
Units and Limitatians Price Per Unit ($0.00)
§ 4.4 AZlowances included in the Cantract Sum, if any: �
(Identify allowance and state exclusians, �any,, f'rom the allowanee pr�ice.)
Ifem
Price
ARTICLE 5 PAYMENTS
§ 5.� PROGRESS PAYMENTS ' �
§ 5.1.1 Based upon Applicatio�s for Payment submitted to the Architect by the Contractor and Certificates far
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum ta the
Cont�actaz as provided below and e]sewhere in the Contract Documents.
§ 5.'i.2 The period covered by each Appiication for Payment shall be one calendar month ending on the last day of
the month, or as fallows:
§ 5.�.3 Provided tlaat an Application for Payment is received by the Architect not later than the last day of a
month, the Owner shall make payment of the certified amount to the Contractar not later than the last day of the
followang month. If an Application for Payment is received by the Architect after the application date fixed abave,
payment shall be made by the Owner not later than thirty-five ( 35 ) days after the Architect receives the
Application far Payment.
(Federal, state or� locul laws rnay require payment within a certain period of tiTne.)
§ 5.1.4 Each Application for Payment sha11 be based on the most recent schedule of values submitted by the
Contractar in accordance with the Contzact Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in snch form and supported
Init. AIA dacument A101T"' — 2007. Copyright OO 1915, 1918, 1925, 1�937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. AII rights reserved. WARNING: Th"ss AIA Document is protected by U.S. Copyrigh# Law and Internatianal Treaties. Unaufhorized 3
repraduction or distribution of #his AIA� Document, or any portion af it; may result in'severe civit and criminat penaities, and wili be prosecufed io
j the maximum extenf possihte under the Iaw: This document was produced byAIA sofkware at 10:1826 on 43123t2016 under Order No.6638754Q78 1 which
expires on 04106f2016, and is not for resale. —
User Notes:
(14A.R.riQRQR71
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor's Applications far Payment.
§ 5.1.5 Applications for Payment shall show the percentage of campletion of each portion of the Work as of the end
of the period covered by the App]ication for Payment.
§ 5.1.6 Subject to other provisions of the Contract Dacuments, the amount of each prograss payment shall be
computed as fallows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each partion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of five percent (
5.00 °lo). Pending fmai determination of cost to the Owner of changes in the Work, amounts not in
dispute sha11 be inciuded as provided in Section 7.3.9 of AIA Document A201TM-200'1, General
Conditions of the Contract for Canstruction;
3 Add that portion af the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site foz subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of percent ( %);
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subiract amounts, if any, for which the Architect has withheZd or nullified a Certificate for Payment
as provided in Section 9.5 of AIA Document A201-20Q7.
A
§ 5.1.7 The progress payment amount determined in accordance with Section 51.6 shall be further modified under
the following circumstances:
.1 Add, upon Substantia� Completion of the Work, a�Sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amou�ts as the Architect shall determine for incomplete
Wark, retairiage applicable to such work and unsettled claims; and
(Section 9.8:5 ofAIA I�ocur�aentA201-2007 requires release o,f a�aplicable retainage upon
Substantial Con2pletion of Work with cansent of sut�ety, if any.)
.2 Add, if final completian af the Work is thereafter materially delayed through na fault of tlie
Contractor, any additional amounts payable in accordance with Sectian 9.103 of AIA Document
A201-2Q07.
•§ 5.1.$ Reduction or limitation of retainage, if any, shal� be as follows:
(If it is intended, prior to Substantial Cor�7�letion of the entire Work, to reduce ar lirrtit the t^etuinage r�esulting froTn
the percentages inserted in Sectians 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contr�act
Doeutnents, insert here�ar�ovisions fbr such reduction or lin2itation.)
§ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for
materials or equrpment which have not been delivered and stored at the site.
§ 5.2 FINAL PAYMENT
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Cantract Sum, shall be made by the Owner to the
Contractor when
.1 the Contractor has fully �erformed the Cantract except for the Contractor's respansibility to cQrrect
Work as provided in Section 12.22 of AIA Z}ocument A201-200'7, and to satisfy ather requirements,
if any, which extend beyond fuial payment; and
.2 a final Certificate for Payment has been issued by the Architect. '
§ 5.2,2 Tha Owner's final payment to the Contractor sha11 be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
AIA Document A101 T"' — 20D7. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 9997 and 2007 by The Americ
Init. Institute of Architects. All rights reserved. WARNIN�: This AIA� Dacument is protected by U.S. Copyright Law and International Treaties. Uneuthofi�
reproduction or distribution of ihis AIA�' document, ar any portion of it, may resuit in severe civi3 and criminal penalties, and wili be praseauted tc
� the maximum extent possibte under the Iaw. This document was produced byAlA software at 10:18:26 on 03l2312016 under Order No.6638754078_1 whi
expires on 04I06J2016, and is not for resale.
User Nofes {1446598987
�,.
ARTICL.E 6 DISPUTE RESO�UTION
§ 6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless
t� e parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.
(If the parties mutually agree, insert the name, address and other cantuct inforfa�ation of the Initial Decision Maker
m_ ,, f athe� than the Architect.)
§ 6.2 BINDING DISPUTE RES4LUTION '
Far any Claim subject to, but not xesolved by, mediation pursuant to Sec`tion 15.3 of AIA Document A2Q1 20Q7, the
method of binding dispute reso�ution shall be as follaws:
(�'heck the appropriate box. If `the Owner rzTzd Contractor do noz select �c rnetl2od of binding dispute r�esalution
below, or do not subseqiaently ag�^ee in wt�iting io a bindzng dispute I�esolution nzethod ather- th.an litigation, Clain2s
will be resolved by litigation in a cour�t of campetent jurisdiction.)
] Arbitratian pursuant to Section I5.4 of AIA Document A201-200�
[ X] Liiigation in a court of competent jurisdiction
] Other (S�ec�)
ARTIC�E 7 TERMINATION OR SUSPENSION
§ 7.'1 The Contract may be terminated by ihe Owner or the Cantzactor �s provided in Article 14 of AIA Document
A2Q 1 2007.
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007.
ARTICLE 8 . MISCE�LANEOUB PR4VISIONS
§ 8.1 Where refarence is made in this Agreement to a provision af AIA Document A201-2007 or another Contract
Dacument, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
I§ 8.2 Payments due and unpaid under the Municipal Prompt Payment Act, Minn. Stat. � 471.425 shall bear interest
from the date payment is due at the rate stated below.
(Insert rttte of interest agreecl u�on, if'�ny.)
( 4.00 % per annum
§ 8.3 T`he Owner's representative:
(Nanze, uddt-ess and othet� infol�mation)
§ 8.4 The Contractor's repzesentative:
(Nalne, add7�ess and other inforrnatiora)
� �n�t AIA Document A101 T"' — 20Q7. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNlNG: This AIA° Document is profected by U.S. Gopyright Law and Internaiionat Treaties. Unauthorized
reproducfian or distribution of #his AiA° Document, ar any parfian af it, may result in severe civit and criminal penalties, and wilt be prosecuted to
� the maximum extenf possible under the law. This document was produced byAIA software at 14:18:26 on D3/23/2016 under Order No.6638754078_1 which
� • expires on 0410 8/2 01 6, and is not for resale.
User Notes: ( 7446598987}
§ 8.5 Neither the Owner's nor the Contractor's representativa sha11 be changed withaut ten days written notica to the
other party.
§ 8.6 Other provisions:
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Cantract Documents, except far Modificatians issued after execution ofthis Agreement, are enumerated
in the sectians below.
§ 9.1.1 The Agreement is this executed AIA Document A101-2007, Standard Form of Agreement Between (�wner
and Contractar.
§ 9.1.2 The General Conditions are AIA Document A241-2007, General Canditians of the Contract for
Construction, as modified. , �
§ 9.1.3 The Supplementary and other Conditions of the Contract:
Document Title
Date
§ 9.1.4 The Specifications:
(Either list the Specificutions here or re, fei^ to an exhibit atte�ched to this AgreeTnent.)
Section Title
. �
Dafe
§ 9.1.5 The Drawings:
(Eithet� list the Dru��ings here or refel• to c�n exhibit attached td this AgJ�eeJnefzt.}
Number
§ 9.1.6 The Addenda, if any:
Number
Title
Qate
Date
•.�.
Pages
Pages
Portions of Addenda relating to bidding requirements are not part of the Contraci Documents unless the biddang
requirements are also enumerated in this Article 9.
§ 9,1.7 Additional documents, if any, forming part of t1�e Contract Documents:
1 AIA Document E201TM-2007, Digital Data Protocol E�ibit, if completed by the parties, or the
follawing:
AIA dacument A7d1T'" -2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. AII rights reserved. WARNING: This AIA�' Ctocument is protected by U.S. Copyright Law and (nternationa{ 7reaties. Unauihorizec
repraduction or disiribution of #his PJA� Document, or any portion of it; may result in severe civil and criminat penalties, and will be prasecuted to
� the maximum exten# possible under the law. This document was produced by AIA software at 10:18:26 on 03/23/2016 under Order No.6638754078_1 which
expires on 04(06/2d16, and is not for tesale.
User Notes (1446598987)
.2 Other documents, if any, listed below:
(List here a7�y additional docuJ�aents that are intended to, foi�rra �ar^t of the Contraet �ocuments. AIA
Dacunaent A201-2007�rovides thai bidding requarez�aents such as adver�tisernent orr inuitation to bid,
InstJ-uctions to Bidde7 s, sam�le foJ-rns and the Cantracto��'s Uid ar�e not part of the Contract
Docu7nents itnless enuT�zei-ated in this Agr�eelnent. 7'hey should be listed here only if inielzded to be
part of the Conti-act Documents.)
A201-2047 General Conditions, as modified.
Instructions to Bidders
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insizrance and provide performance and payment bonds as follows and
set farth in Article 11 of AIA Document A201-200'7. Pexformance and payment bonds in the fit1l Contract amount.
(State bonding Yequirenzents, if any, u�zd lir��.its of liability, for inszcl-ance required in Article 11 ofAIA 17ocuinent
A2Q1 2007.)
Insurance Caverages:
Type of insurance or bond
Limit of liability or bond amount ($0.00)
This Agreement entered into as of the day and year flrst written above.
OWNER (Signature)
(Pt�inted name and titleJ
CONTRACTOR (Signature)
(Pi�inted nanae and title)
,
AlA Document A101T"" — 2007. Copyright OO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 9963, 'I967, 1974, 1977, 9987, 1991, 1997 and 2007 by The American
Init. Institute of Architects. AI( rights reserved. WARNING: 7his AIA� Qocument is protected by U.S. Copyright Law and lniernationat Treaties. Unauihorized 7
reproduction or disiribution of #his RIA� Documeni, or any portion of it, may resu3t in severe civii and crimina! penalfies, and wil3 be prosacuted ta
� the maxirrrum exfent possibls underthe Iaw. This document was produced by AIA software at'I0:18:26 on 63123t2016 under Order No.6638754078 1 which
expires on 04/0 612 01 6, and is nof for resale. —
User Notes
{1446598987}
#2015-18 Oakes Park and Ilailey Park— Snelter �enouations
OWNER Cih�ofHopkins
P�e � Wo� � D9aa� mA��.
11100 Excelsior Boulevaid
Hopkins
MN
55343
PROJECT: #20li-18 Oakes Park and Valley Park— Shelter Renovarions PROJECT N0: 15157
Oa. 05 Pa� V m� y PR�
900 Lake Street NE 801 7th Avenue S
Hopkins Hopkins
NIlV MN
ARCHTTECT Krech, O'Brien, Muellec & AssociaTes, Snc. BID TBvIE: ll:00am ADDENDA DATES:
6115 Cahill Avenue BID DAY: Wednesday No. 1 04I06/16
Inver Grove Heights BID DATE: 04113/lb
M1V
55076
CONTRACT FOR GC Single Prime FORM OF BID: Open