CR 06-093 Approve Construction Contract Change Order Excelsior Blvd Streetscape, Phase III Project
C\TY OF
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HOPKINS
August 28,2006
Council Report 2006-093
Approve Construction Contract Change Order
Excelsior Boulevard Streetscape, Phase III Project
Proposed Action.
Staff recommends adoption of the following motion: Move that City Council approve a
chanoe order in the amount of $175.192.28 to the Excelsior Boulevard Phase III
streetscape improvements construction contract. with the understandino that all costs
are to be paid by Three Rivers Park District.
Overview.
The Three Rivers Park District is interested in funding additional site improvements at
the Depot Coffeehouse/trailhead area. At its August 17, 2006 Board Meeting, the Park
District approved funding for site improvements in the amount of $210,711.51. Staff has
had a change order prepared and signed by Pember Construction and now seeks City
Council approval.
Primary Issues to Consider.
Detailed Overview
How & when would payment for the change order work be made?
What is the scope of the additional improvements?
. What is HCRRA's position on the additional site improvements?
Details of the City Attorney opinion on the change order
Will these additional site improvements affect the property interests and current
agreements involving the HCRRA, Depot Express, Three Rivers Park District and
the City of Hopkins?
Supportina information.
Drawings and costs sheet
Three Rivers Park District Budget and Finance Committee Request for Action
City Attorne memo
Ch nge Ord
Steven J. Stadler, Public Works Director
Financial Impact: $Q Budgeted: YfN nfa
Related Documents (CIP, ERP, etc.) Pember Construction Contract
Notes: No City cost - Chanoe Order to be funded by Three Rivers Park District
Council Report 2006-093
Page 2
Analysis of Issues
Detailed Overview
The Three Rivers Park District is interested in funding additional site improvements at
the Depot Coffeehouseftrailhead area. City staff has been working with them for the
past several months to finalize the scope and estimated cost of these improvements.
The Park District agreed to fund additional design work in order for the city to prepare
pricing documents and plans and obtain firm costs for the proposed site improvements
from our Excelsior Blvd Streetscape project contractor, Pember Construction Co., Inc.
City staff negotiated final costs with Pember Construction and submitted a funding
request to Three Rivers Park District. At its August 17, 2006 Board Meeting, the Park
District approved funding the full amount requested, i.e., $210,711.51 of additional site
improvements and related costs. The City Attorney has given his opinion that the City
may legally undertake this work via a change order to the Pember Construction Co.
contract. Staff has had a change order prepared and signed by Pember Construction
and now seeks City Council approval. If approved, Pember Construction would start
work immediately and, weather permitting, substantially complete the work by
November 3, 2006.
How and when Three Rivers Park District payment would be made.
The Park District will issue a check to the City upon invoice to them - prior to work
commencing on the additional Depot site improvements.
What is the scope of the additional improvements?
The work will include: parking lot expansion, entrance area revision to provide for two
exit lanes, parking lot and pedestrian-area lighting, expanded paver patio area, site
drainage improvements and an outside drinking fountain.
What is HCRRA's position on the additional improvements?
They are supportive and are allowing them to be done under the existing HCRRA
construction permit related to the Excelsior Boulevard streetscape project.
Summary of the City Attorney's opinion on the change order
Council Report 2006-093
Page 3
The City Attorney states that we can legally accomplish this additional work by change
order because: (1) a majority of the additional work is simply a quantity increase of
existing contract work items with the same unit prices and is well under the statutory
dollar limit of 25010 of contract amount; and (2) the remaining work not amounts to less
than $50,000 so it is not subject to competitive bidding requirements.
The City Attorney points out that the State Statute doesn't contain any provision
addressing the issue of change orders under $50,000 and that there is no related court
decision. However, the League of Minnesota Cities publication entitled: Competitive
Bidding Requirements in Cities (April 2005) does state the following: A chanae to add
new work to a contract may not need to be competitively bid if the total added cost is
$50.000 or less. Because these contracts are below the competitive-biddina threshold.
it is arauable that they would not be reauired to be competitively bid. However. cities
should exercise caution in this area.
The Public Works Director feels that it is in the city's favor that the existing contract with
Pember Construction includes work in areas that are contiguous with the Depot site and
that the existing contract amount is large ($1.67M) relative to the change order amount
($175,000).
Will these additional site improvements affect the property interests and current
agreements involving the HCRRA, Depot Express, Three Rivers Park District and
the City of Hopkins?
Yes, they will.
Three Rivers Park District has made substantial investment in Depot site improvements
over the past five years and they are interested in making future improvements to the
Depot building to enhance the site as a trailhead. Understandably, they have
expressed a desire to become the lease holders to the HCRRA property. The Park
District is in the process of working out a new lease agreement with HCRRA and has
discussed a new agreement or concession license with Depot Express. The Park
District has very clearly stated that they want to ensure that the coffeehouse and teen
center functions continue and are even improved with any new property lease
arrangements. Nothing has been finalized at this point but new arrangements are in the
process of being worked out. Staff will keep City Council informed of any new
developments.
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L2 DEMOLITION
L3 LAYOUT AND DRINKING FOUNTAIN DETAIL
E1 LIGHTING
E2 LIGHTING
E3 LIGHTING
C1.1 WA TERSERVICEJENTRY DRIVE
C1.2 PARKINGLOT EXPANSION
EXCELSIOR BLVD
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123 NCldh 11Dtd Street. Surtc 100
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6\l.331.0I00 faL 612.338 6838
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LAST REVISION
AJB
JSM
EXCELSIOR BLVD STREETSCAPE IMPROVEMENTS - PHASE
FOR CONSTRUCTION - BIDDING SET
DEPOT ADDITIONS - DEMO SHEET
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNOER MY DIRECT
SUPERVISION AND THAT I AM A OUL Y LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF
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Hoisington Koegler Group Inc. SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF -
=:ww:=.~~OO MINNESOTA. CHECKED BY JSM
611.3380800 fAx. 612.338 6838 _ LAST REVISION
L1C NO DATE
SHOBOX
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EXCELSIOR BLVD STREETSCAPE IMPROVEMENTS - PHASE 111- HOPKINS, MN
FOR CONSTRUCTION - BIDDING SET
DEPOT ADDITIONS - LAYOUT SHEET
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1 "=30FT
LAYOUT: PAVERS,
LIGHTING, CONC. PAD
FOR FOUNTAIN
............
PROVIOE Vi'LVE 80X.
FOUNTAIN DETAIL
NOTES
STEEL
ALLEN HEAD
1/4 X 20
1 1/2 " PVC DRAIN TO
AGGREGATE DRAINAGE
BED
STACKED
DRAINAGE BED
3"x24"
( + Q +)
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. I' HEREBY CER1FY lHAT 1HIS PlAN. SPEaFlCAlION, OR REPORT WAS PREPARED BY IE OR UNDER DRAWN BY AIlH
Hoisington Koegler Group Inc. MY DIlECT SUPEJMSION AND lHAT I AM A DULY UCENSED ENGINEER UNDER lHE LAWS Of' lHE -
123 North 1ldrd SlnlcIt. Subo 100 STAlE Of' .. :A. I CHECI<ED BY CJD
"""""",,,Uo, """"_ 5>401 24771 08/m/DI lAST REVISION -
612.338.0800 filL 612.338 6838
------ M1E
EXCELSIOR BLVD STREETSCAPE IMPROVEMENTS - PHASE 111- HOPKINS, MN L SHEET
FOR CONSTRUCTION - BIDDING SET
DEPOT ADDITIONS - ELECTRICAL
GENERAL NOTES
A ALL HIRIN6 TO BE THHN COPPER. ALL WNDUIT TO BE SGHEDl!.E 40 PVG.
B. ALL CONDUIT TO BE INSTALLED 3'-0' BEHIND SIDEHALK.
G. ELEGTRIGAL CONTRAC.TOR TO PROVIDE ADDITIONAL A..tL BOXES AS REGlJIRED.
D. VfiERE CONDUIT GROSSES STREETS, AYEtU:S, HI6HI"IAYS, DRIVEHAYS ETG. CONDUIT TO BE
BORED UNDER ROADt'lAY. BORIN6 LOCATIONS ARE FOR REFERENGE ONLY, E.G. TO FIELD
VERIFY EXAGT LOCATIONS PRIOR TO INSTALLATION.
o PLAN NOTES
IN GRADE P.V.G. HANDHOLElAA.LBOX. REFER TO STATE OF MINNESOTA DEPARTMENT OF
TRANSPIRATION STANDARD PlATE tU1BER 8114A FOR EXAGT REGlJIREMENTS AND DIMENSIONS.
PANEL SCHEDULE
PMEL NMEI L-4 120 I 208 VOLTS MAINS 60A
lOCATION I CONTROL CAB C-4 3 PHASE NJ RAlm 'K),(KX)
MOLMN3I SlR=ACE 4MlE OPTlONS 60A MJB
AM NO. LOAD BFI<R CKr BUS CKr BFI<R LOAD AM NO.
EXT. PEDESTRIAN LIGHTING 20/2 1 X 2 20/2 SHOE BOX LIGHTING EXl.
- - -- -- 3 X 4 -- -- - -
EXT. LIGHTING CONTOL PNL 20/1 5 X 6 20/1 SPARE
PROV 7 X 8 PROV
PROV 9 X Il PROV
PROV 11 X 12 PROV
PROV 13 X 14 PROV
PROV 15 X 16 PROV
PROV 17 X 18 PROV
PROV 19 X 20 PROV
PROV 21 X 22 PROV
PROV 23 X 24 PROV
FIXTURE SCHEDULE
VOLTAGE I CONTROL MEDIA -
CODE LIGHT POLE LAMP MANUFACTURER'S
NAME TYPE TYPE (LENS, LOUVERS, ETC.) CATALOG NUMBER
- - -
-+- 250 WATT 208 V HORIZONTAL LAMP,
PEDESTRIAN 30FT 6"SQ HPS
STREET STEEL POLE TYPE 3
LIGHT
ED-18
- -
~I (1) 250 WATT 208 V HORIZONTAL LAMP,
SHOEBOX 30FT 6"SQ HPS
STREET STEEL POLE TYPE 3
LIGHT
ED-18
STD
BRONZE
STD
BRONZE
COLOR
REMARKS
II
Hoisington Koegler Group Inc.
123 North ThIrd ~ SWhIlOO
..........u.. Ml.-m 55401
612.33'-0600 fAx. 61'l.338 6136
I HeREBY CERlFY 'lHAT lHIS PLAN. SPECIFICA1lON. OR REPORT WAS PREPARED BY IoIE OR UNDER I DRAWN BY
MY DIREC1" SUPEJMSlON AND 'lHAT I AU A DULY LICENSED ENGINEER UNDER '!HE LAWS C1F '!HE
STAlE C1F :A. CHECKED BY
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EXCELSIOR BLVD STREETSCAPE IMPROVEMENTS - PHASE
FOR CONSTRUCTION - BIDDING SET
DEPOT ADDITIONS - ELECTRICAL
CONTROL CABINET C-4
N.T.5.
HOPKINS, MN
16100 GUARANTEE
The c.ontrac.tor 5ha1l be responsible for the proper nstallation ald workll9 of
everythll9 in his contrac.t ald shall <J1aootee to remedj Free of Ghcr98 OOJ deFects
t'l electrical equipment. t'l1'lOfkmcrl5h., or materials that mc:Jj appear to CCl/58
trouble of OOJ k~. for a period of one lj8er From the date of fInal ac.ceptO'lGe of his
work. Fool ac.ceptalG8 of the I'lOfk shall not waive the <J1aootee.
LOAD C,IRGUITS
16110 INSPEC,TION OF SITE
Before 5lbnitting proposal on the work GOfIt~lated. eac.h bidder shall excrni'le
the site ald Fcrnillerlze hllll581F with all exeti'lg conditions ald Irnitati0n5. No extrQ!;
will be allowed bec.caI5e of the GOfIlractor's mi5under5tooding Q!; to the GIllOIKIt of
work involved or he lack of knowledge of 00j existing conditions.
DI61TAL PHOTOGONTROl
STEM MOUNTED. DIE-C,AST
HOU5IN6. L16HT LEVEL SLIDE
AD..lJ5TMENT. INTERMATIC,
K4121M.
C,IRGUITS FROM
ELEG TRIC,AL PANEL
lGlOO CONTRa.. PANEL QJTEKEEPER
WTH TI-E FCllOWlI'l3:
20MP - LGtOO RELAY
2OA-2P - lGtTING RElAY
2OA-P -l..GITlNG RELAY
2OA-P .lGtTING RELAY
SHOE BOX lGlOO
PEDESTRAN l.GI'IN3
SPARE
SPARE
IblSO L16HTlN6 FIXTURES
See fixture schecille for t!PEls !ip8clfled. No ~oved equals allol18d.
16140 DEVIC,ES
All outlet ClGGes5Of'ies shall be 6eneral Electric..
I)
tU:be1l. P
Devices: 5rtitches - 20 crnp - 120 volt spec. g-ade
Duplex ReGepts: 20 crnp 120 volt spec. g-ade
ELECTRICAL RISER DIAGRAM
N.T.S.
S or CWfoved equal.
16134 PANEL BOARDS
Pooelboa'ds ere to be Squ<:re D NGOD with bolt-OfI tx'eakers.
SGhecille.
NEH 60A SERVIC,E.
ELEC,TRIGAL WNTRAc.TOR TO
PROVIDE WNDUlT5 AND WNDIJC,TORS
AS REGlJIRED TO UTILITY TRANSFORMER
16130 aJTLET BOXES
All devices. wire terrnootlOfl5 ald splices
boxes of sizes required ty NE.C,.
See Pooelboerd
shall be nstalled i1 or made
16120 HIRE AND C,ABLES
AlIl"lring to be Tlj'J8 THW or THHN copper GOllCiJGtors with bOO
bOO volt except where noted othet'l1i5e.
in outlet
~4W
-
c.oNC.. PAD BY E.G.
6ROJND PER NEC,
volt
16025 PERMITS
ThIE. contractor ~II obtain ald p~ For all permits. inspection Fee$.
ll8Ges5crlj For perFormc:rJGe of the work ilGluded t'l this contr~t.
16110 RAC,EHA '(5
lJ5e thlGlo1all normetallic condJlt for all underg-ouncI locatiofl5.
hsulation.
XCEL ENERGY
CHRISTOPHER ROYSTON
1-763-493-1668
60A
16010 6ENERAL
Entire electrical in5tallation !>hall be nslalled to
ald local re~latiOfl5.
licenses. etc..
c.onForm with NEL. ald all state
UTILITY COMPANY
L -4 (WNTROl C,ABINET C,-4)
Ll6HTlN6 WNTROL PANEL
SEE DETAIL THIS SHEET
ELECTRICAL SPECIRCA T10NS
PANEL TO BE MaJNTED IN
r NEMA 3R H:A THER PROOF.
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10 FIELD VERlf'{ LOCAiION)
'0 LF CONCRE1E C&G
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2B LF - 4" Wl-IIIE SIRIPE
2B LF _ 4" DOU8LE 'fELLOW SIRIPE
, Ell. _ Ri lURN ARROW
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CiT< Of H~ - J SHEet
D(CELs\o~SCAP~SE iHREE:] C~.~
PROPOSEO PARKING LOi EXPANSION
~IUMINOUS PA1Cl-I SI-IALL MA1Cl-I E)(ISlING
SECilOH OR WPICAL SEC110N Sl-IOWH 01'1
PAGE C' .2. Wl-IICl-IEVER IS GREA1ER.
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26 S
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87 LF CONCRE1E C&G
8 S'f CONCREiE WALl<
75 S'( 811UMINOUS PA1Cl-I
'28 LF SAW-CUI 811UMINOUS
2 Ell. COH5iRUCl PEOES1RIAH
RAMP (ENGINEER 10 FIELO
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320 CY AGGREGATE BASE CL 5
491 LF CONCRETE C&G
145 TON BITUMINOUS BASE COURSE (LV 3)
62 GAL BITUMINOUS TACK COAT
145 TON BITUMINOUS WEAR COURSE (LV 4)
612 LF 4" SOLID WHITE PARKING LOT STRIPE
2" TYPE lV 4 WEARING COURSE
BITUMINOUS TACK COAT (2357)
2" TYPE LV 3 NON-WEARING COURSE
8" AGGREGATE BASE. CL 5 (2211)
SUBGRADE PREPARATION (2112) (iNCIDENTAL)
6
F&I:
20 IF 12" RCP CL V (@4.0%)
1 EA 12" RCP F.E.S. W/TRASHGUARD
1 EA CONNECT TO EXISTING CB
80 SF CONCRETE WALK (MATCH EX.
JOINT PATTERN)
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920.84
91 7.05
917.05
Depot Upgrad Proposal Summary of Costs
updated 8.10.06:4:10
units qty unit pric total
DEMO
Demo Bituminous Walk SY 153 $ 2.85 $ 436.05
Rem v bituminous pavement SY 50 $ 2.85 $ 142.50
Strip turf and dispose SY 200 $ 1.25 $ 250.00
R m ve curb and gutter LF 165 $ 5.30 $ 874.50
Salvage brick pavers SF 387 $ 3.32 $ 1,284.84
Sawcut bituminous LF 185 $ 7.06 $ 1,306.10
SITE PREP
Silt fence LF 800 $ 2.10 $ 1,680.00
Inlet protection EA 1 $ 105.00 $ 105.00
excavation for topsoil borrow CY 45 $ 18.40 $ 828.00
Grading for drainage west of bid (CV) CY 16 $ 18.40 $ 294.40
T psoil Borrow (CV) CY 25 $ 38.70 $ 967.50
Topsoil Borrow (CV) CY 20 $ 38.70 $ 774.00
PARKING LOT
Subgrade excavation (EV) CY 45 $ 18.40 $ 828.00
Common xcavation (EV) (PLAN) CY 530 $ 18.40 $ 9,752.00
other common excavation (EV) CY 50 $ 18.40 $ 920.00
Aggregate Class 5 base (8") (CV) CY 325 $ 41.10 $ 13,357.50
SELECT GRANULAR BORROW (CV) CY 45 $ 21.70 $ 976.50
BITUMINOUS MATERIAL FOR TACK COAT GAL 65 $ 5.25 $ 341.25
Type L V4 waring course mixture (2") TONS 150 $ 132.00 $ 19,800.00
Type L V3 non wearing course mixture (2") TONS 150 $ 132.00 $ 19,800.00
Curb and gutter design B618 LF 595 $ 16.00 $ 9,520.00
4" Concrete walk flume (drainage) SF 50 $ 12.00 $ 600.00
4" solid line white-epoxy LF 630 $ 1.05 $ 661.50
4" DOUBLE SOLID LINE YELLOW PAINT LF 30 $ 1.05 $ 31.50
PAVEMENT MESSAGE (RT ARROW) EPOXY EACH 1 $ 131.00 $ 131.00
PAVEMENT MESSAGE (LT-THRU ARROW) EPOXY EACH 1 $ 131.00 $ 131.00
PAVEMENT MESSAGE (THRU ARROW) EPOXY EACH 1 $ 131.00 $ 131.00
SITE PAVEMENT
Excavatl n for pavers & conc pad CY 80 $ 18.40 $ 1,472.00
Concrete paver patio/walks SF 3000 $ 6.10 $ 18,300.00
4" C ncrete pad for drinking fountain SF 64 $ 4.15 $ 265.60
LIGHTING
Install shoeb x lighting. EA 8 $ 2,090.00 $ 16,720.00
Service Cabinet EA 1 $ 5,870.00 $ 5,870.00
Provide shoebox lightpole EA 8 $ 2,400.00 $ 19,200.00
Borings LF 150 $ 8.00 $ 1,200.00
Misc electrical LS 1 $ 7,010.00 $ 7,010.00
DRINKING FOUNTAIN
Drinking fountain (supply and install) each 1 $ 9,897.26 $ 9,897.26
exploratory excavation for water main HR 2 $ 450.08 $ 900.16
connect to existing 2" water service each 1 $ 493.07 $ 493.07
3/4" type K copper service pipe If 200 $ 20.31 $ 4,062.00
Curb stop each 1 $ 203.05 $ 203.05
LANDSCAPING/RESTORATION
lawn turf seed SF 3500 $ 0.25 $ 875.00
MISC
Traffic Control LS 1 $ 1,400.00 $ 1,400.00
Construction Layout Staking LS 1 $ 1,400.00 $ 1,400.00
Total construction costs $ 175,192.28
Contingency 10% $ 17,519.23
Survey work $ 8,00000
Design/Engineering fees $ 5,000.00
Construction Manangement $ 5,000.00
Protect total $ 210,711.51
Bo/d Items: original contract unit price items total $ 125,360.80'
new contract items total $ 49,831.48
total desian fees $ 18,000.00
BUDGET AND FINANCE COMMITTEE
REQUEST FOR ACTION
Meeting Date: 08/17/06
Business Item: New
Item Number:
Department: Superintendent's Office
Originating Source: Asset Management Committee
Agenda Item: Improvements to Hopkins DelJot Trailhead
Recommended Action:
MOTION TO APPROVE AND RECOMMEND TO THE BOARD AUTHORIZATION FOR
THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO AN AGREEMENT
WITH THE CITY OF HOPKINS TO AUTHORIZE THE COMPLETION OF
IMPROVEMENTS TO THE HOPKINS DEPOT TRAILHEAD IN THE FORM OF A
CHANGE ORDER WITH THE CITYS CURRENT CONTRACTOR PEMBER
CONSTRUCTION COMPANY IN THE AMOUNT OF $210,711.51 WITH FINANCING
FROM THE 2006 PARK DISTRICT GENERAL OBLIGATION BOND FUND AS PER THE
2006 CAPITAL IMPROVEMENT PLAN AND ANNUAL WORK PROGRAM; AND
FURTHER, THE COMMITTEE SUPPORTS FORWARDING THIS ACTION TO THE
AUGUST 17,2006 BOARD OF COMMISSIONERS MEETING FOR CONSIDERATION.
The Asset Management Committee is comprised of Don De V eau - Planning and Development
Administrator, Howard Koolick - Chief Financial Officer, and Boe Carlson - Governmental
Relations Administrator under the administration of Douglas Bryant - Superintendent and
Secretary to the Board.
The following information was prepared by Boe Carlson, Governmental Relations
Administrator.
Background:
On August 4, 2005, the Board of Commissioners approved an amended 2005-2006 Capital
Improvement Program (CIP) and Work Program. This amended CIP included $500,000 for
trailhead redevelopment at the Hopkins Depot Coffeehouse. Subsequently, Park District staff
has met with the City of Hopkins, Hennepin County Regional Rail Authority (HCRRA),
Hopkins School District, and the Depot Board of Directors to review the proposed Master Plan
and CIP expenditure.
On July 6, 2006 the Board of Commissioners approved the Superintendent negotiating
improvements to the exterior of the Hopkins Depot Trailhead. The City of Hopkins has
proposed to include some of these Depot improvements previously identified by the Park District
in its existing Excelsior Boulevard streetscape contract with Pember Construction (.Reference
No.1). The City of Hopkins would approve a change order with Pember Construction in order
to complete the work.
Park District staff is continuing to work with the Depot Coffeehouse and the City of Hopkins
regarding the operations of the facility and what role the Park District could play.
In staff discussions, the following tasks are continuing to be considered:
Park District Board of Commissioners provides direction to staff on internal building
capital improvements.
The private operation of the concession function is being reviewed and the establishment
of a vendor agreement will be considered setting forth conditions which protect the
public's investment (capital and operating costs) in the site.
A new agreement needs to be reached with the City and Railroad Authority shifting
permit authority to the Park District protecting the District's interests and associated
investments as delineated by the Board.
Reference No.1
City oj%pkins Pu6fic Wor~
111(J(J~fsiar${fla. . :1lqpfjusJ 9i:J.l55~~4J.34J5. PIicne: 952.939.1382.1'~ 952.939-1381
'1Vt6 ailims: 'ZtJW'W./WpkJn.(ftU't,c-Om
Boe Carlson
Governmental Relations Administrator
Three Rivers Park District
3000 Xenium Lane North
Plymouth. MN 55441-1299
RE: Depot Coffeehouse/trailhead area site improvements (May 26. 2006 letter,
attached)
August 11, 2006
Dear Mr. Carlson:
.
The City has completed design work on proposed Depot Coffeehouse/trailhead site
improvements to' the level thafs aHowed us to negotiate firm costs with our
contractor. Pember Construction Co. We are requesting that you consider funding
the improvements for 2006 construction. I have attached a spreadsheet listing the
various improvements and costs, The total cost including a 10% contingency. design
and site survey work and construction oversight is $210.711.51. A majority of these
costs are based on the unit prices bid by Pember on their City contract for Excelsior
Boulevard streetscape improvements, If approved for funding by Three Rivers Park
District, Hopkins City Council will approve a change order to Pember's contract and
work could begin in September and be completed by late October 2006.
These are much anticipated and needed improvements for an increasingly popular
trailhead area. We look forward to continuing to work with the Park District on this
project
Please contact me if you have any questions.
Ene.
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11100 ~Wr$Wi.. · ~f;jns~ !MJJ(, 55343-3435 . Phane: 952.939.1382- :fa<(; 952-939.1381
'f~5 atfMtss: 'llJUlW.ftap~'11tJ1,.ccm
Delbert E. Miller
Land Acquisition Manager
Three Rivers Park District
12615 County Road 9
Plymouth, MN 55441-1248
May 26. 2006
RE: Depot Coffeehouse/trailhead area site improvements
Dear Mr. Miller:
On May 18, 2006 we met and discussed work scope, challenges and ~ctions steps
required in order to construct site improvements this year at the Depot
Coffeehouse/trailhead area. Regarding the scope of potentlal2006 site
improvements, there is consensus among our staffs and stakeholders on the scope
of work being proposed. The enclosed schematic design plan is very similar to the
earlier concept sketches developed by the Three Rivers Park District. One of the
obvious chaUenges is getting construction documents together and a landscape and
paving contractor in place in time to complete the work this y~ar and at a fair and
reasonable cost As you know, the City has awarded a $1.7 million contract with
Pember Construction Co, for extensive landscape work, paver installation, new
sidewalks, etc. along Excelsior Boulevard. The project area is contiguous to the
Depot/trailhead site. Since our meeting, the Hopkins City Attorney has prOVided the
opinion that MN State Statutes allow us to modify our existing contract with Pember
Companies to add the proposed Depotltrailhead site improvements.
Based on the above information, I am now requesting that you consider funding the
development of construction documents. These documents would be the basis for
the formal change order increasing the scope of our existing contract. The attached
cost estimate highlights those improvements whose cost would be based on an
extension of the current Pember Construction contract unit prices. Regarding
architectural/engineering design fee, the City's landscape architect, Hoisington-
Koegler Group, tnc. has submitted a noMa-exceed cost of $30,000 to prep'are the
construction documents for the proposed improvements. Besides the landscape
architectural design, part of that fee will be used for civil engineering, fighting and
irrigation sub..consultant work.
If approved to move forward, construction documents would be developed and the
construction change order prepared. During that time penod I think it would be
beneficial for us to put together an agreement between the City, HCRRA and Three
P.artnuino with iIIe Comnumit!J to 'E,nfimu.e t!ie Q.:aafity of .qrt.
. ftxspim . 'F..duc.ate . fwtfotve . Conmmnkatt .
Rivers Park District regarding construction funding, maintenance and formalizing a
new long-term partnership arrangement for the Depot facility and giound~.
Thank you for your interest in improving the Hopkins Depotltrailhead site. I look
forward to the opportunity to meet with you and discuss this plan and request in more
detail. I am confident that it is a workable plan that could allow site improvements to .
begin in early August, 2006.
If you have any questions or comments, please call me at 952-548-6350 Of email at
sstadler@hopkinsmn,com.
Ene,
STEINER & CURTISS, P.A.
ATTORNEYS AT LAW
400 WELLS FARGO BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MN 55343
JEREMY S. STEINER *
WYNN CURTISS
JASON T. HUTCHISON
*Real Property Law Specialist, certified
by the Minnesota State Bar Association
(952) 938-7635
FAX: (952)938-7670
Writer's Direct Telephone Number (952) 253-0070
MEMORANDUM
DATE:
August 22, 2006
TO:
Steven Stadler, Hopkins Public Works Director
Jeremy Steiner, City Attorney t [; S
Proposed Additions to Pember Construction Contract ("Contract")
For County Road 3 Streetscape Work
FROM:
RE:
You have asked that we provide an opinion whether the City may add to the scope of work to be
performed under the Contract without public bidding to include work at the regional trail trailhead
located in the vicinity of the Depot Coffeehouse. Improvements at the trailhead are to be funded by the
Three Rivers Park District. You have informed us that (1) the majority of this additional work will be
performed on a "unit price" basis and p~chased at the unit prices set by the existing Contract, and (2)
the non-unit price work at the trailhead will total less than $50,000.
Generally, Minn. Stat. S 471.345 requires that all municipal contracts for the sale or purchase of
supplies, materials, equipment or rental thereof, or the construction, alteration, repair or maintenance of
real or personal property estimated to exceed $50,000 must be competitively bid.
After work on a project under a contract let through competitive bidding has begun, a city may
permissibly increase the amount of work by change order without competitive bidding in two ways.
First, the City may authorize an increase in the number of units purchased under a contract awarded on
a "unit price basis," so long as the cost of the increase does not exceed 25 percent of the "original
contract price." Minn. Stat. S 429.041, subd. 7. The "original contract price" is a technical term
defined as "that figure determined by multiplying the estimated number of units by the unit price."
Court decisions make it clear that this "unit price" exception applies in situations "where a unit price
contract is advertised and bid for, and subsequent additions are made in volume only[.]" Excelsior v.
F W Pearce Corp., 226 N.W.2d 316,320 (Minn. 1975) (emphasis added), accord Ruzic v. Eden
Prairie, 479 N.W.2d 417 (Minn. Ct. App. 1991). That is to say, you can increase (hypothetically) the
number of trees purchased under a unit price contract from 100 to 125 without competitive bidding, so
long as the increase in cost is less than 25% of the total contract price; however, you can't decide to
/Hopkins.civil/Pember/Competitive bid.memo.doc
add 25 trees to a project if the original contract never established a unit price for each tree.
Second, because contracts under $50,000 are not subject to the competitive bidding requirements of
Minn. Stat. ~ 471.345, a city could take the position that change orders of under $50,000 to contracts
originally awarded by competitive bidding are exempt from bidding requirements. The League of
Minnesota Cities suggests this position may be taken by a city in good faith. See Competitive Bidding
Requirements in Cities, LMNC publication 130B1.3, April 2005, at p. 35. However, Minn. Stat. ~
471.345 does not contain any provision addressing this issue and we have been unable to locate any
court decision approving the practice of authorizing change orders of under $50,000.00 without
competitive bidding.
Therefore, in the present case, the expanded scope of work is permissible to the extent that is simply a
purchase of additional units already competitively bid in the Contract, so long as the increase is less
that 25 percent of the total contract price. Regarding the non-unit price work, since the total is
estimated at less than $50,000 the City may take the position in good faith that this increase is
permissible without competitive bidding by relying on the plain language of the statute and the League
of Minnesota Cities' interpretation. However, you should be aware that the issue is not settled by any
court decision and that we cannot give an unqualified opinion a court would decide the issue in the
City's favor in the event of a legal challenge to the modification of the Contract by change order.
JSS
/Hopkins.civillPember/Competitive bid.memo.doc
Change Order
OWNER
LANDSCAPE ARCHITECT
CONTRACTOR
City of Hopkins
Hoisington Koegler Group inc.
Pember Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
PROJECT:
Hopkins Excelsior Blvd Streets cape Phase 3
CHANGE ORDER NUMBER:
DATE:
PROJECT NO:
CONTRACT DATE:
2
8/28/2006
2004-07
4/25/2006
TO CONTRACTOR:
Pember Construction, Inc
N4449 469th Street,
Menomonie, WI 54751
The Contract is changed as follows:
(see sheet 2)
Not valid until signed by the Owner, Landscape Architect and Contractor.
The original (Contract Sum) was
Net change by previously authorized Change Orders
The (Contract Sum) prior to this Change Order was
$
$
$
$
$
1,651,355.07
(2,826.00)
1,648,529.07
The (Contract Sum) will be_INCREASED by the Change Order in the amount of
The new (Contract Sum) including this Change Order will be
175,192.28
1,823,721.35
The Contract Time will be (unchanaedl
The date of Substantial Completion as of the date of this Change Order therefore is 1.0ct.06
Note: This summary does not reflect changes in the Contract Sum, or Contract Time which have
been authorized by Construction Change Directive.
LANDSCAPE ARCHITECT
Hoisington Koegler Group inc.
CONTRACTOR
PemberConSlfucilon,me
OWNER
City of Hopkins
Address
123 North 3rd Street, Suite 100
Minneapolis, Minnesota 55401
8V*
Date
Address
N4449 469th Street,
Menomonie, WI 54751
BY~
Address
11100 Excelsior Blvd
Hopkins, MN 55343-3435
By
Date
Date
Change Order - 2005 Edition - HKGi Copyright 2005
page 1 of 2
* <5?~ ~ ofb- ~ ~ ().AJ-~\l,(p qlslo~
Summary of Change Order No.2 - 8.28.06
You are directed to make the following changes in the Contract Documents:
I Descriptions: Qty Units UnitCost Total I
Demo Bituminous Walk SY 153 $ 2.85 $ 436.05
Remove bituminous pavement SY 50 $ 2.85 $ 142.50
Strip turf and dispose SY 200 $ 1.25 $ 250.00
Remove curb and gutter LF 165 $ 5.30 $ 874.50
Salvage brick pavers SF 387 $ 3.32 $ 1,284.84
Sawcut bituminous LF 185 $ 7.06 $ 1,306.10
Silt fence LF 800 $ 2.10 $ 1,680.00
Inlet protection EA 1 $ 105.00 $ 105.00
excavation for topsoil borrow CY 45 $ 18.40 $ 828.00
Grading for drainage west of bid (CV) CY 16 $ 18.40 $ 294.40
Topsoil Borrow (CV) CY 25 $ 38.70 $ 967.50
Topsoil Borrow (CV) CY 20 $ 38.70 $ 774.00
Subgrade excavation (EV) CY 45 $ 18.40 $ 828.00
Common excavation (EV) (PLAN) CY 530 $ 18.40 $ 9,752.00
other common excavation (EV) CY 50 $ 18.40 $ 920.00
Aggregate Class 5 base (8") (CV) CY 325 $ 41.10 $ 13,357.50
SELECT GRANULAR BORROW (CV) CY 45 $ 21.70 $ 976.50
BITUMINOUS MATERIAL FOR TACK COAT GAL 65 $ 5.25 $ 341.25
Typ LV4 wearing course mixture (2") TONS 150 $ 132.00 $ 19,800.00
Type LV3 non wearing course mixture (2") TONS 150 $ 132.00 $ 19,800.00
Curb and gutter design B618 LF 595 $ 16.00 $ 9,520.00
4" Concrete walk flume (drainage) SF 50 $ 12.00 $ 600.00
4" solid line white-epoxy LF 630 $ 1.05 $ 661.50
4" DOUBLE SOLID LINE YELLOW PAINT LF 30 $ 1.05 $ 31.50
PAVEMENT MESSAGE (RT ARROW) EPOXY EACH 1 $ 131.00 $ 131.00
PAVEMENT MESSAGE (LT-THRU ARROW) EPOXY EACH 1 $ 131.00 $ 131.00
PAVEMENT MESSAGE (THRU ARROW) EPOXY EACH 1 $ 131.00 $ 131.00
Excavation for pavers & conc pad CY 80 $ 18.40 $ 1,472.00
Concrete paver patiolwalks SF 3000 $ 6.10 $ 18,300.00
4" Concrete pad for drinking fountain SF 64 $ 4.15 $ 265.60
Install shoebox lighting EA 8 $ 2,090.00 $ 16,720.00
Service Cabinet EA 1 $ 5,870.00 $ 5,870.00
Provide shoebox Iightpole EA 8 $ 2,400.00 $ 19,200.00
Borings LF 150 $ 8.00 $ 1,200.00
Misc electrical LS 1 $ 7,010.00 $ 7,010.00
Drinking fountain (supply and install) each 1 $ 9,897.26 $ 9,897.26
exploratory excavation for water main HR 2 $ 450.08 $ 900.16
connect to existing 2" water service each 1 $ 493.07 $ 493.07
3/4" type K copper service pipe If 200 $ 20.31 $ 4,062.00
Curb stop each 1 $ 203.05 $ 203.05
lawn turf seed SF 3500 $ 0.25 $ 875.00
Traffic Control LS 1 $ 1,400.00 $ 1,400.00
Construction Layout Staking LS 1 $ 1,400.00 $ 1,400.00
Net Contract change for Change Order No.2 $ 175,192.28
page 2 of 2
Change Order . 2005 Edition . HKGi Copyright 2005