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ITEM 7.1 Norin ParkotS.'0 MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Parks and Recreation Parks and Recreation Director Demant May 14, 2018 PRESENTER(s) REVIEWED BY: ITEM #: Parks and Recreation Director Demant City Administrator/Finance Director Flaherty City Engineer Wagner 7.1 STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: Basich Inc., for the construction of the Norin Landing Park and boat landing. Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. No Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. The DNR established a designated boat landing on the Mississippi River at Kadler Avenue. The existing Is a social community with diverse housing, service options, and employment opportunities. X Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: Approval of the low -bid from Sunram Construction Inc. and quotes from St. Croix Recreation and Michael Basich Inc., for the construction of the Norin Landing Park and boat landing. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The DNR established a designated boat landing on the Mississippi River at Kadler Avenue. The existing landing consists of an unimproved gravel water access without provision of parking or other amenities. The City acquired additional property through park dedication as part of the Norin Landing development consistent with the recommendation of the Future Parks and Trails Plan. The 10 -year Capital Improvement Plan (CIP) identified $581,751 for construction of Norin Landing Park and Boat Landing with construction to begin in the spring of 2018. The Parks and Recreation Commission along with City Staff brought forward a recommendation to the City Council at the January 23, 2017 meeting to prepare plans, specifications and solicitation of bids for the construction of Norin Landing Park with a construction cost estimate of $619,451.16. At that meeting, a recommendation was also made to support a resolution for the application for a DNR Natural Resource Grant. The City Council voted in favor to proceed with both the solicitation for bids and to support a resolution for the grant application. The DNR notified City staff in June 2017 that the City was awarded a grant for $150,000. As part of the grant award, a phase 1 archeological study of the construction site was required before any construction could occur. No findings of interest were discovered during the archeological study which was conducted in October 2017. The City conducted a bid opening on April 26th, 2018, a total of 5 bids were received with the lowest base bid of $447,616.00 and an alternate bid of $79,047.00 being submitted by Sunram Construction Inc. The alternate items that are listed below are being recommended by the Parks and Recreation Commission and City staff. These items were originally listed as alternates due to the estimated construction amount and the City having not yet been notified of the status of their grant application. Alternates include: Bituminous Trails (In Lieu of Class II Trails) $12,320 F&I Wood Overlook Deck $32,000 F&I 6' black vinyl chain link fence $27,720 F&I 4' Concrete Pavement (under pavilion) $7,007 Gazebo $61,142 Norin Landing Planning and Construction Budget: Park Planning & Grant Writing Services $38,609.00 Archeological Study $35,584.00 Construction Bid with Alternates (Including a Deduct of $5,720 for the installation of bituminous trails in lieu of class II trials) $520,943.00 Shelter (Including Installation) $61,142.00 Prairie Grass Establishment (Estimate) $6,000.00 Electrical Service (Estimate) $1,782.00 Tree Removal $3,000.00 Engineering/ Testing/ Oversight $26,702.15 TOTAL (Before Grant is Applied) $693,762.15 DNR Grant ($150,000.00) Payments Made to Date ($62,010.84) Estimated Net Cost Remaining $481,751.31 Available Funding in Fund #208 Community Facility Fund ($388,358.59) Estimated Amount still to be Funded $93,392.72 The gazebo is being recommended to be purchased through the State Contract. Contracts for prairie grass establishment and electrical service installation are currently estimated and will be brought before the City Council at a future meeting if the actual contracts exceed the estimates above. The 2018 CIP identified Fund #208 Communities Facilities Fund as the funding source for park construction which has $388,358.59 of available funds. Staff is recommending that the estimated remaining amount of $43,391.72 to be supplemented by Fund #203 Park Development. SUPPORTING DOCUMENTS ATTACHED: • Norin Landing Design • Bid Tabulation • Services Contract - Sunram Construction, Inc. • Quote — St. Croix Recreation Fun Playgrounds (Shelter Materials) • Quote — Michael Basich, Inc. (Shelter Installation) • Services Contract - Michael Basich, Inc. (Shelter Installation) POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: I Motion to approve the bid from Sunram Construction Inc, with alternates, and to enter into a contract for the construction of the Norin Landing Park and boat landing in the amount of $520,943. Motion to approve the quotes from St. Croix Recreation and Michael Basich Inc. for the purchase and installation of the Norin Landing gazebo in the amount of $61,142. Motion to approve the Park Development fund as the supplemental funding source for project costs that exceed available funding within the Community Facilities fund for the construction of Norin Landing Park . BUDGET INFORMATION FUNDING: BUDGETED: Fund # 208 Community Facilities Fund # 203 Park Development Yes No ,ems_ �I�--i�r• — t—r— � _ Total Park Acreage: 3.9 Acres BufPe,Adlacent Residential Properties Open Larm Area for Gatherings/Passive Recreabon Brick Paver Entry Area with Limestone Block Seating Plan View Section 'J�v � � 'Wide Clay /m Mggregate T / m $ Boardng Dock 30' Octagonal Wood Gazebo/Pavilion Wood Overlook Decker 9' W de Class It with Mews to River Aggragate Trail Plain Elevation (992.0) Limestone Block Seating Area Beach Area r Limestone Block FSeating Area r Beach Area NORIN LANDING V19SI RECREATION SITE PLAN CITY OF OTSEGO Colons Gmap. tic. ]`-).,Noi.vf2e Mna 4—&t D. All] BID TABULATION CITY OF OTSEGO Norin Landing General Site Improvements Bids opened 2:00 p.m., Thursday, April 26, 2016. There were 5 bids received, as shown herein. Base Bid Sunram Construction, Inc. Veit & Company, Inc. G.L. Contracting, Inc. ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION I UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 Mobilization 1 LS $49,000.67 $49,000.671 $53.750.00 $53,750.00 $18,312.10 $18,312.10 2 Clearing 0.53 AC $8,200.00 $4,346.00 $5,300.00 $8,533.20 $4.522.60 3 Grubbing1 AC $5,455.00 $5,455.00 $10,000.00 $4,376.00 $4,376.00 4 Remove Concrete Pie 24 LF $21.00 504.00 g$22.:60 $528.00 $8.90 $213.60 5 Remove Bituminous Pavement 427 BY $2.70 $1 152.90 $1,110.20 $7.40 $3,159.80 6 Sawing Bituminous Pavement Full Depth) 31 LF $3.00 $93.00 $2.201 $68.20 $3.00 $93.00 7 Common Excavation E 1 LS $39,000.00 $39,000.00 $14,040.001 $14,040.00 $32,871.10 $32.871.10. 8 Topsoil Borrow L - Infiltration Basin 61 CY $44.00 $2,684.00 $30.00 $1,830.00 $53.50 $3,263.50 9 Salva ed Topsoil From Stockpile L 512 CY $14.15 $7.244.80 $2.00 $1,024.00 $13.70 $7,014.40 10 Haul Excess Material L 1,612 CY $20.00 $32,240.00 $13.00 $20.956.00 $11.40 $18,376.80 11 Aggregate Base Class 5 Modified 1,232 TON $20.55 $25,317.60 $17.00 $20,944.00 $29.20 $35,974.40 12 Mill Bituminous Surface 1.5" 12 BY $27.00 $324.00 $28.00 $336.00 $27.40 $328.80 13 Bituminous Material For Tack Coat 135 GAL $3.00 $405.00 $2.25 $303.75 $2.20 $297.00 14 ITvoe SP 9.5 Wearing Course Mixture (2,B) 485.7 TON $72.25 $35,091.83 $77.00 $37,398.90 $75.50 $36,670.35 15 Type SP 12.5 Non Wearing Course Mixture (2,B) 303 TON $72.25 $21,891.75 $77.00 $23.331.00 $75.50 $22,876.50 16 Retaining Wall 1 LS $12,600.00 $12,600.00 $30,540.00 $30,540.00 $22.150.00 $22,150.00 17 V Concrete Walk 266 SF $10.50 $2,793.00 $11.00 $2,926.00 $12.90 $3,431.40 18 Concrete Curb & Gutter Design 8612 1,443 LF $13.60 $19,624.80 $14.50 $20,923.50 $17.20 $24,819.60 19 Truncated Domes 52 SF $63.00 $3,276.00 $66.50 $3,458.00 $65.60 $3,411.20 20 Traffic Control 1 LS $1,500.00 $1,500.00 $895.00 $895.00 $3,829.00 $3,829.00 21 Silt Fence Type Machine Sliced 992 LF $2.65 $2,628.80 $2.25 $2,232.00 $4.00 $3,968.00 22 Flotation Silt Curtain Type Moving Water 163 LF $19.00 $3,097.00 $20.00 $3,260.00 $19.70 $3,211.10 23 Storm Drain Inlet Protection 5 EA $150.00 $750.00 $173.00 $865.00 $303.00 $1.515.00 24 Stabilized Construction Exit 1 EA $1,20000 $1,200.00 $1.652.00 $1,652.00 $1,641.00 $1,641.00 25 Erosion Control Blanket Category 0 526 SY $1.65 $867.90 $2.00 $1.052.00 $4.70 $2,472.20 26 Pavement Message hru Arrow & Handicap Symbol) - Paint 6 EA $27.00 $162.00 $28.00 $168.00 $27.40 $164.40 27 4" Solid Line White - Paint 502 LF $0.35 $175.70 $0.40 $200.80 $0.35 $175.70 28 15" RC Pipe Apron 5 EA $920.00 $4,600.00 $1,100.00 $5,500.00 $884.30 $4,421.50 29 18" RC Pipe A ron 1 EA $1,070.00 $1.070.00 $1,147.00 $1,147.00 $933.30 $933.30 30 15" HDPE Pipe Sewer 275 LF $34.75 $9,55625 $39.00 $10.725.00 $28.90 $7,947.50 31 15" RC Pipe Sewer Design 3006 CL V 293 LF $45.00 $13,18500 $52.00 $15,236.00 $38.00 $11,134.00 32 18" HDPE Pipe Sewer 64 LF $41.00 $2,624.00 $50.00 $3,200.00 $32.70 $2,092.80 33 18" RCP Pipe Sewer Design 3006 CL V 37 LF $51.00 $1,887.00 $58.00 $2,146.00 $41.60 $1,539.20 34 Connect to Existing Storm Structure 1 EA $815.00 $815.00 $3,844.00 $3 844.00 $847.00 $847.00 35 Construct Drainage Structure Design 2' x 3' 1 EA $2,135.00 $2,13500 $1,897.00 $1 897.00 $1 527.50 $1 527.50 36 Construct Drainage Structure Design 48" - 4020 4 EA $2,735.00 $10,940.00 $2.794.00, $11,176.00 $2,425.90 $9,703.60 37 Construct Drainage Structure Design OCS 2 EA $3,750.00 $7,500.00 $4.485.00 $8,970.00 $6,078.40 $12,156.80 38 Random Rip -Rap Special 155 CY $95.00 $14 $97.00$15 035.00 $125.50 $19 452.50 39 Articulated Interlockin Block O en Cell T e 3 8 SY $175.00 $1, $154.00 $1,232.00 $113.80 $910.40 OT720 - bid tabBID TABULATION BT- 1 OF 4 BID TABULATION CITY OF OTSEGO Norin Landing General Site Improvements Base Bid Sunram Construction, Inc. Sunram Construction, Inc. Veit & Company, Inc. ITEM DESCRIPTION G.L. Contracting, Inc. ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION EXTENSION UNIT PRICE EXTENSION 40 Concrete Plank Boat Ram 1 LS S15,500.00 $15,500.00 $12,320.00 $10.58000 $21,880.00 $21,880.00 41 F&I MNDOT Class IIAggregate Trail 352 SY $16.25 $5,720.00 $38 637.20 $4.224.00 $28.60 $10.067.20 42 F&I 6" x 12" Concrete Edger 92 LF $27.00 $2,484.00 $26.690.40 $2,484.00 $32.80 S3,017.60 43 F&I Brick Pavers 292 SF $14.25 $4.161.001$27.00 $9,172.80 $7 884.00 $33.80 $9 869.60 44 F&I Limestone Block Seating 13 EA $725.00 $9,425.00 $1,410.00 $18,330.00 $743.50 $9,665.50 45 F&I 6'x 34' Boarding Dock with Abutment 1 EA $15,200.00 $15,200.00 $18,623.00 $18,623.00 $11,882.80 $11,882.80 46 F&I Concrete Fishing Platform 1 EA $1,250.00 $1,250.00 $1,064.00 $1,064.00 $1,641.00 $1.641.00 47 F&I 2'x Tx 2' Glacial Boulder 3 EA $250.00 $750.00 $499.00 $1,497.00 $692.50 $2,077.50 48 F&I Trash Receptacle 2 EA $1.025.00 $2.05 .00 $1,138.001 $2,276.00 $1,072.10 $2,144.20 49 F&I Picnic Table 4 EA $2,080.00 $8.320.00 $2,263.00 $9,052.00 $2.166.10 $8,664.40 50 F&I Game Table 4 EA $1,955.00 $7,820.00 $2,067.00 $8,268.00 $2,034.80 $8,139.20 51 F&I Grill 2 EA $760.00 $1,520.00 $1,014.00 $2,028.00 $793.20 $1,586.40 52 F&I Type A Seed Mix 0.3 AC $1,310.00 $393.00 $2,800.00 $840.00 $9,846.00 $2,953.80 53 F&I 2.5" Deciduous Tree 28 EA $565.00 $15,820.00 $600.00 $16,800.00, $809.60 $22,668.80 54 F & 18' Coniferous Tree 17 EA $520.00 $8 840.00 $550.00 $9.350.001 $700.20 $11,903.40 55 1 Furnish and install 2" NMC 600 LF $7.50 $4,500.001 $13.00 $7,800.001 $9.80 $5,880.00 Total Base Bid $447,616.00 $460.300.35 $465,846.05 Alternate Bid Sunram Construction, Inc. Veit & Company, Inc. G.L. Contracting, Inc. ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 F&I Bituminous Trails in lieu of MNDOT Class 11 Aggregate Trails 352 BY $35.00 $12,320.00 $20.00 $7,040.00 $35.00 $12,320.00 2 F&I Wood Overlook Deck 1 LS $32,000.00 $32,000.00 $41,090.00 $41,090.00 $38,637.20 $38 637.20 3 F&I 6' high vinyl crated chain link fence 792 LF $35.00 $27,720.00 $35.30 $27,957.60 $33.70 $26.690.40 4 F&I 4" Concrete Pavement underpavilion) 637 SF $11.00 $7,007.00, $11.001 $7,007.00 $14.40 $9,172.80 Total Alternate SUMMARY OF BIDDING: Total Base Bid Total Alternate Bid Total Base Bid +Alternate Bid Error in calculation OT720 - bid tabBID TABULATION BT- 2 OF 4 $79,047.00 Sunram Construction, Inc. $447,616.00 $79,047.00 $526,663.00 $63.094.60 Veit & Company, Inc. $460,300.35 $83.094.60 $543.394.95 $86,820.40 G.L. Contracting, Inc. 5465.846.05 $86,820.40 $552,666.45 BID TABULATION CITY OF OTSEGO Norin Landing General Site Improvements Bids opened 2:00 p.m., Thursday, April 26, 2018. There were 5 bids received, as shown herein. Base Bid Ram Excavating, Inc. Janke General Contractors, Inc. ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 Mobilization 1 LS $60,000.00 $60,000.00 $64000.00 $64,000.00 2 CleadnQ 0.53 AC $10,000.00 $5,300.00 $18300.00 $9,699.00, 3 Grubbing 1 AC 1 $8500.00 $8500.00 $1500.00 $1500.00 4 Remove Concrete Pie 24 LF $15.00 $360.00 $32.00 $768.00 5 Remove Bituminous Pavement 427 SY $3.00 $1 281.00 $4.50 $1,921.50 6 SawingBituminous Pavement Full Depth) 31 LF $5.00 $155.00 $5.00 $155.00 7 Common Excavation E 1 LS $45000.00 $45 000.00 $67,200.00 $67.200.00 8 Topsoil Borrow L -Infiltration Basin 61 CY $125.00 $7625.00 $79.00 $4.819.00 9 Salvaged Topsoil From Stockpile L 512 CY $10.00 $5,120.00 $18.25 $9,344.00 10 Haul Excess Material L 1 612 CY $12.00 $19 344.00 $12.00 $19,344.00 11 A re ate Base Class 5 Modified 1 232 TON $32.00 $39 424.00 $23.00 $28,336.00 12 Mill Bituminous Surface 1.5" 12 BY $30.00 $360.00 $26.25 $315.00 13 Bituminous Material For Tack Coat 135 GAL $2.2 $$297.00 $2.10 $283.50 14 Type SP 9.5 Wearing Course Mixture (2,B) 485.7 TON $76.00 20 $72.50 $35,213.25 15 Type SP 12.5 Non Wearing Course Mixture (2,B) 303 TON $76.00 00 72.50 $21,967.50 16 RetainingWall 1 LS $45,000.00 E$45,000.00 $75 600.00$75 600.00 17 4" Concrete Walk 266 SF $14.50 00 $7.05 $1 875.30 18 Concrete Curb & Gutter Desi n B612 1 443 LF $17.60 80 $30.00 $43,290.00 19 Truncated Domes 52 SF $50.00 $2,600.00 $46.001 $2,392.00 20 Traffic Control 1 LS $2,000.00 $2,000.00 $1,100.00 $1,100.00 21 Silt Fence Tvoe Machine Sliced 992 LF $2.20 $2,182.40 $4.00 $3,968.00 22 Flotation Silt Curtain Type Moving Water 163 LF $20.00 $3,260.00 $65.00 $10,595.00 23 Storm Drain Inlet Protection 5 EA $200.00 $1,000.00 $100.00 $500.00 24 Stabilized Construction Exit 1 EA $3,500.001 $3,500.00 $1,550.00 $1,550.00 25 Erosion Control Blanket Category 0 526 SY $1.70 $894.20 $3.201 $1,683.20 26 Pavement Messa a hru Arrow & Handicap Symbol) - Paint 6 EA $750.00 $4,500.00 $27.00 $162.00 27 4" Solid Line White - Paint 502 LF $3.00 $1,506.00 $0.35 $175.70 28 15" RC Pipe Apron 5 EA $650.00 $3,250.00 $1,227.00 $6,135.00 29 18" RC Pipe Apron 1 EA $750.00 $750.00 $1,265.00 $1,265.00 30 15" HDPE PiDe Sewer 275 LF $62.00 $17.050.00 $42.00 $11,550.00 31 15" RC Pipe Sewer Design 3006 CL V 293 LF $52.00 $15,236.00 $42.001 $12,306.00 32 18" HDPE Pipe Sewer 64 LF $75.00 $4,800.00 $51.00 $3,264.00 33 18" RCP Pipe Sewer Design 3006 CL V 37 LF $75.00 $2,775.00 $59.00 $2,183.00 34 Connect to E)dstinq Storm Structure 1 EA $1,500.00 $1,500.00 $3100.00 $3,100.00 35 Construct Drainage Structure Design 2'x 3' 1 EA $3,500.00 $3,500.00. $5100.00 $5.100.00 36 Construct Draina a Structure Design 48" - 4020 4 EA $6,200.00 $24,800.00 $6700.00 $26,800.00 37 Construct Drainage Structure Design OCS 2 EA $9,500.00 $19,000.00 $6300.00 $12.600.00 38 Random Rip -Rap Rip-RapSpecial 155 CY $175.00 $27125.00 $133.00 $20,615.00 39 Articulated Interlocking Block Open Cell Type 3 8 SY $500.00 $4,000.001 $600.001 $4,600.00 OT720 - bid tabBID TABULATION 13 1 - 3 OF 4 BID TABULATION CITY OF OTSEGO Norin Landing General Site Improvements Base Bid Bid Ram Excavating, Inc. Janke General Contractors, Inc. ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION 40 Concrete Plank Boat Ramp 1 LS $12,000.00 $12,000.00 $19,000.00 $19,000.00 41 F&I MNDOT Class 11 Aggregate Trail 352 SY $15.00 $5,280.00 $31.00 $10,912.00 42 F&I 6" x 12" Concrete Edger 92 LF $55.00 $5,060.00 $27.00 $2,484.00 43 F&I Brick Pavers 292 SF $17.00 $4,964.00 $90.00 $26,280.00 44 1 F&I Limestone Block Seating 13 EA $1,000.00 $13,000.00 $4,200.00 $54,600.00 45 F&I 6' x 34' Boarding Dock with Abutment 1 EA $125,000.00 $125,000.00 $29,000.00 $29,000.00 46 F&I Concrete Fishing Platform 1 EA $7,000.00 $7,000.00 $4,600.00 $4,600.00 47 F&I 2'x Tx 2' Glacial Boulder 3 EA $1.000.00 $3,000.00 $683.00 $2,049.00 48 F&I Trash Receptacle 2 EA $750.00 $1,500.00 $1.170.00 $2.340.00 49 F&I Picnic Table 4 EA $1,000.00 $4,000.00 $1,872.00 $7,488.00 50 F&I Game Table 4 EA $1,500.00 $6,000.00 $1,755.00 $7,020.00 51 F&l Grill 2 EA $1,500.00 $3,000.00 $695.00 $1,390.00 52 F&I Type A Seed Mix 0.3 AC $1,500.00 $450.00 $22,050.00 $6.615.00 53 F&I 2.5" Deciduous Tree 28 EA $600.00 $16,800.00, $998.00 $27,944.00 54 F & 18' Coniferous Tree 17 EA $600.00 $10.200.001 $972.00 $16,524.00 55 Furnish and install 2" NMC 600 LF $10.00 $6,000.001 $15.00 $9,000.00 Total Base Bid $695,443.60 $744,720.95 Alternate Bid Ram Excavating, Inc. Janke General Contractors, Inc. ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 F&I Bituminous Trails in lieu of MNDOT Class [I Aggregate Trails 352 SY $19.80 $6,969.60 19.00 $6,688.00 2 F&I Wood Overlook Deck 1 LS $42,000.00 $42,000.00 $74,000.00 $74,000.00 3 F&I 6' high vinyl coated chain link fence 792 LF $37.88 $30,000.96 $25.00 $19,800.00 4 F&l 4" Concrete Pavement underpavilion) 637 SF $12.20 $7,771.40, $10.70 $6.81590 Total Alternate SUMMARY OF BIDDING: Total Base Bid Total Alternate Bid Total Base Bid +Altemate Bid Error in calculation OT720 - bid tabBID TABULATION BT - 4 0 F 4 $86.741.96 Ram Excavating, Inc. $695.443.60 $86,741.96 $782,185.56 $107.303.90 Janke General Contractors, Inc. $744,720.95 S107,303.90 $852,024.85 DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Otsego ("Owner") and Sunram Construction, Inc. ("Contractor"). Owner and Contractor hereby 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: Clearing and Grubbing, Bituminous Pavement Removal, Grading, Subgrade Preparation, Aggregate Base Preparation, Hauling Excess Material, Storm Sewer Installation, Retaining Wall installation, Concrete Plank Boat Ramp Installation, Concrete Curb and Gutter, Bituminous Paving, Pavement Markings, Construct Bituminous and Aggregate Trail, F&I Various Park Appurtenances, Erosion Control, F&I Trees, and Turf Establishment. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Norin Landing General Site Improvements ARTICLE 3 — ENGINEER 3.01 The Project has been designed by SRF Consulting Group, Inc. and Hakanson Anderson Associates, Inc. 3.02 The Owner has retained Hakanson Anderson ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and 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 Contract Times: Dates A. All Work shall be completed and ready for final payment within 90 days of the notice -to -proceed. 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 and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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 Standard Form of Agreement 00 52 00-1 requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Completion of Work: if Contractor shall neglect, refuse, or fail to complete the Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such until the Work is completed and ready for final payment. 2. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain final Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for final Completion (as duly adjusted pursuant to the Contract), until the Work is complete. B. If Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), 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 the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). The extended prices for Unit Price Work set forth as the Effective Date of the Contract are based on estimated quantities. Estimated quantities are not guaranteed, and determinations of the actual quantities and classifications are to made by Engineer. C. Contractor's Bid is attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment. Applications for Payment will indicate the amount of Contractor's fee then payable. Applications for Payment will be processed by Engineer and City. 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 as recommended by Engineer on or about the 15th day of each month during construction as Standard Form of Agreement 00 52 00-2 provided in Paragraphs 6.02.A.1 and 6.02.A.2 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured number of units completed or by the percentage of work completed for Lump Sum bid items, or as provided elsewhere in the Contract. 1. For Cost of the Work: Progress payments on account of the Cost of the Work will be made: Prior to 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: 1) 95 percent Cost of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and 2) 75 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Upon Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner, and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Finol Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph. ARTICLE 7 — INTEREST 7.01 Not used. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 Laws and Regulations that may affect cost, progress, and performance of the Work. Standard Form of Agreement 00 52 00-3 D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to any Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; 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; and the Site -related reports and drawings identified in 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,; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no 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. 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. 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. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 —CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 4, inclusive). 4. Supplementary Conditions (pages 1 to 7, inclusive). 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of 22 sheets with each sheet bearing the following general title: General Site Improvements for Norin Landing Standard Form of Agreement 00 52 00-4 7. No Addenda. 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 11, inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. 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. 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. Unless expressly agreed to elsewhere in the Contract, 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, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its 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 Standard Form of Agreement 00 52 00-5 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 to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid 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. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on OWNER: City of Otsego By: Title: Attest: Title: (which is the Effective Date of the Contract). CONTRACTOR: Sunram Construction, Inc. By: Title: (if Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Standard Form of Agreement 00 52 00-6 Address for giving notices: City of Otsego 13400 90' Street NE Otsego, MN 55330 Address for giving notices: Sunram Construction, Inc. 20010 75th Avenue North Corcoran, MN 55340 License No.: (where applicable) (If Owner is a corporation, attach evidence of authority Use in those states or other jurisdictions where to sign. If Owner is a public body, attach evidence of applicable or required. authority to sign and resolution or other documents authorizing execution of this Agreement.) Standard Form of Agreement 00 52 00-7 St. Croix Recreation Fun Playgrounds 225 N SECOND STREET STILLWATER, MN 55082 Name / Address SRF TIM WOLD, L.A. Estimate Date Estimate # 4/4/2018 540 Project Item Description Qty Rate Total OCGZ-30-WW-1... WOODWORX CUSTOM OCTAGONAL GAZEBO, 30' 1 39,790.00 39,790.00 PER OUR SPECS. #1 GRADE GLUELAM BEAMS, PURLINS AND POSTS W/#1 SYP T&G ROOF DECKING, STEEL CONNECTORS. TRUE STANDING SEAM METAL ROOF AND TRIM MODEL #OCGZ-30-WW-1 0 12 -DM -C -SS CUSTOM RAILING SECTIONS PER ARCHITECTS DETAIL TO 4 782.00 3,128.00 MATCH RELATED WORK BY OTHERS CUSTOM 1/2 RAILING SECTION PER ARCHITECTS DETAIL 2 512.00 1,024.00 TO MATCH RELATED WORK BY OTHERS ENGINEERED S... MN ENGINEERED SEALED DRAWINGS 1 1,150.00 1,150.00 FREIGHT FREIGHT 2,250.00 2,250.00 THIS QUOTE REFLECTS MN STATE CONTRACT PRICING AND IS AVAILABLE ONLY TO MUNICIPALITIES THROUGH DIRECT PURCHASE **INSTALLATION IS NOT INCLUDED IN THIS QUOTE. PRICE QUOTED IS GOOD FOR 60 DAYS. Tota $47,342.00 Michael Basich, Inc. 1761 Third Street White Bear Lake, MN 55110 Name / Address SRF CONSULTANTS TIM WOLD, L.A. RE: NORIN LANDING, OTSEGO Estimate Date Estimate # 4/5/2018 2017-39 Project Description Qty Rate Total Installation of one 30' Octagonal wood fi•ame park structure to 1 13,800.00 13,800.00 inlcude excavation of (8) footings, (8) poured reinforced concrete footing piers, erection of wood frame structure, roof decking, roofing and trim. Concrete slab by others. Installation does not include site preparation, removals or restoration. Materials related to footing construction included. All other builiding materials supplied by others. Quoted pricing is valid for 60 days. TOMB $13,800.00 CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this 14th day of May, 2018, between the CITY OF OTSEGO, a political subdivision ("CITY") Michael Basich Inc. ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: Preform the Norin Landing Gazebo Installation as outlined in the April 5, 2018 quote. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the April 5t` quote. 2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to performance, comply with all applicable rules, regulations, statutes or ordinances of any other unit or agency of government, including but not limited to those relating to non- discrimination in hiring or labor practices, payment of all required withholding taxes, workers' compensation and unemployment compensation insurance, liability insurance, OSHA or other safety rules and regulations, construction practices, environmental practices, wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal practices, and notices to employees, whether or not such rules, regulations, statutes or ordinances are set forth or adopted by reference in the Submission Requirements herein. Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any subcontractor hired by CONTRACTOR under this project within 10 days after CONTRACTOR receives payment from CITY for work for which CONTRACTOR is liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by CONTRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of enforcement, be considered a third -party beneficiary of this contract. However, nothing in this contract shall be deemed to impose upon CITY any duty to monitor, enforce or otherwise become involved in payments from CONTRACTOR to any subcontractor. 3. Indemnification. CONTRACTOR shall indemnify and save harmless CITY from any liability arising out of CONTRACTORs failure to observe compliance with Paragraph 2 above, specifically including, without limitation, liability arising out of the improper disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used by CONTRACTOR for such disposal. 4. "Warranty of Workmanship, Products and Timely CoMpletion. In addition to any warranty which might be part of the Plans and Specifications/Proposal, CONTRACTOR warrants that all work completed in connection with the PROJECT shall be done in a workmanlike and timely manner and in accord with applicable industry standards and that all chemicals and other products utilized by CONTRACTOR will be chosen for their effectiveness for the purpose used. CONTRACTOR specifically warrants that all chemical applications it makes will be effective in controlling weeds and unwanted growth and promoting healthy lawn growth. Where materials are being furnished by CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and suited for the purpose for which they are intended." 5. Compliance with Statutory Reauirements A. Data Practices Compliance: Contractor may have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirement of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. B. Worker's Compensation Contractor shall, at the time of execution of this contract, furnish evidence satisfactory to the City that Contractor maintains or is exempt from maintaining Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182. C. Income Tax Withholdin Prior to the time of final payment of any amounts owing to Contractor under this agreement, Contractor shall furnish a copy of Form IC -134, certified by the Minnesota Department of Revenue, documenting that all withholding tax requirements have been observed by Contractor. D. Audit Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of Contractor which are relevant to the services being performed under this Contract shall be subject to inspection in accord with said statute, for a period of six years from the date of final payment hereunder. 4. Performance and Payment Security (Check One) X Contractor is not required to post any performance and payment security as a condition of this Contract by reason of the fact that the contract amount is for less than $75,000.00, and City is not requiring performance security. Contractor is required to post performance and payment security acceptable to the City, even though the contract price is less than $75,000.00. Contractor is required to post performance and payment security because the contract price is more than $75,000.00. Note: Regardless of which option above is checked, if performance and payment security is required, the security shall meet that standards outlined in Minnesota Statutes Chapter 574.26. 5. Notices Any notice which is or should be required to be given to CONTRACTOR shall be sufficient if addressed as follows, and deposited, postage prepaid, in the regular United States Mail. Notice shall be deemed to have been received on the third business day following the postmark: Michael Basich Inc. 17613' Street White Bear Lake, MN 55110 6. Termination Either party may terminate this agreement on 30 days written notice to the other. 7. Payment City shall remit to Contractor the amounts billed for services assuming that Contractor has fully complied with all of the terms of this agreement, completing the project in a timely and compliant manner. IN WITNESS WHEREOF, the parties have executed this Agreement the date above written. CITY OF OTSEGO an in Mayor City Clerk CONTRACTOR LO -A Its