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5.5 ERMUSR 05-11-2021______________________________________________________________________________ Page 1 of 2 UTILITIES COMMISSION MEETING TO: ERMU Commission FROM: Chris Kerzman – Engineering Manager MEETING DATE: May 11, 2021 AGENDA ITEM NUMBER: 5.5 SUBJECT: Field Services Facility Expansion Project ACTION REQUESTED: • Adopt Resolution No. 21-11 Awarding and Approving the Assignment of Construction Contract to RJM Construction for Quote Category 12A. • Approve Change Order Accepting Alternate #4 – Individual VAV at Offices BACKGROUND: At the April 13 commission meeting, bids for the majority of construction were awarded and assigned to RJM Construction; ERMU did not accept any alternates at that time. Staff continues to work with RJM and Kodet as submittal drawings and scheduling is decided. DISCUSSION: RJM informed staff that the bid tabulation provided for the April commission meeting included a mistake on one contractor’s quoted amount for category 12A – window treatments. This mistake voids the award of the category, and the attached resolution awards the contract for quote category 12A to the correct contractor and assigns the construction contract to RJM. RJM has advised that this change will not affect the agreed guaranteed maximum price. Staff is requesting a motion to adopt resolution no. 21-11 awarding and approving the assignment of construction contract to RJM for quote category 12A. The Field Services Workgroup met on May 4 to discuss alternates, and decided that we are interested in alternates 1, 2, and 4 shown on the attached alternate listing. RJM has reached out to the contractors to see if they would agree to hold pricing until the project is through the earthwork and underground utilities. The painting contractor has agreed to hold pricing until September on alternates 1 and 2, and we would like to evaluate alternates 1 and 2 after the project has gotten through the first phase of earthwork. Both contractors for alternate 4 will not hold their pricing due to volatility in material pricing, staff is requesting approval of the attached change order awarding alternate #4 A baseline project schedule is attached. With construction planned to start mid-June, staff would like to know if there is interest from the commission on a groundbreaking event. 268 ______________________________________________________________________________ Page 2 of 2 FINANCIAL IMPACT: The addition of Alternate #4 will add $25,759 to the project. Staff plans to review the contingency this Fall after completion of the earthwork phase and evaluate the remaining alternates. ATTACHMENTS: • Resolution No. 21-11 Awarding and Approving the Assignment of Construction Contract to RJM Construction. • Bid Tabulation for Quote Category 12A • Change Order for Alternate #4 • Alternate Listing • Baseline Project Schedule 269 RESOLUTION NO. 21-11 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES AWARDING AND APPROVING ASSIGNMENT OF CONSTRUCTION CONTRACT TO RJM CONSTRUCTION FOR THE ELK RIVER MUNICIPAL FIELD SERVICES FACILITY PROJECT WHEREAS, Elk River Municipal Utilities (ERMU) and Contractor (RJM) have entered into a certain Standard Form of Agreement between Owner and Construction Manager dated January 12, 2021 (“Contract”), whereby Contractor undertakes the construction management of project known as the ERMU Field Services Facility Expansion Project (“Project”); and WHEREAS, at its February 9, 2021 meeting the Utilities Commission authorized advertisement of bids and quotes. The project was advertised from February 27, 2021 to March 24, 2021, and bids were opened and publicly read on March 24, 2021 ; and WHEREAS, the Project bid documents included the proposed contract for the Work (as defined in the Contract); and WHEREAS, the Contract requires that ERMU assign to RJM all of ERMU’s rights in and to contracts for the construction of the Work (as defined in the Contract) which have been competitively bid and awarded by the Utilities Commission ; and WHEREAS, the bid tabulation for quote category 12A – Window Treatments incorrectly listed the quoted amount of American Drapery as $27,886 versus the actual quoted amount of $50,943.97, and the award of this category was awarded to American Drapery in error, voiding the award; and WHEREAS, the low bidder for quote category 12A – Window Treatments is CE Contract with a quoted amount of $35,275.00; and WHEREAS, RJM has agreed that the award of quote category 12A – Window Treatments to CE Contract will not adjust the Guaranteed Maximum Price. NOW, THEREFORE, in consideration of the mutual promise and agreements made in the Contract and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged: 270 1. ERMU herby grants, transfers and assigns to RJM all of its right, title and interest in and to the contract identified below as included in the bid documents. 2. RJM herby consents to and accepts this Assignment and agrees to perform all of its obligations under the Contract for the benefit of ERMU. RJM will enter into contract in the same form included in the bid Documents with the contractor awarded the bid by ERMU. 3. This Assignment shall be binding upon and inure the benefit of ERMU and RJM and their respective heirs, successors and assigns, as the case may be. 4. This Assignment may be signed in more than one counterpart, together shall constitute an original document. BID CATEGORY COMPANY AMOUNT 12A - Window Treatments CE Contract $35,275.00 NOW, THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES, that quote category 12A be awarded to CE Contract, and the assignment of construction contract for quote category 12A to RJM Construction for the Elk River Municipal Utilities Field Services Facility Expansion Project in the amount of $35,275.00 is approved. This Resolution Passed and Adopted this 11th day of May, 2021. John J. Dietz, Chair Theresa Slominski, General Manager 271 Bid Summary by TradeApril 8, 2021Bid CategoryWindow TreatmentsLow Bid or CompanyLow BidCompanyBase BidBid AddendaAlt #1Alt #2Alt #3Alt #4Alt #5Total ContractSecurity0 0 0 0 00CE Contract$35,275 $0 $0 $0$0$0$0$0$35,275CE Contract$35,275$35,275American Drapery$50,944$50,944$0$0$0$0$0$0$0$0$0$0$0$0$0Elk River Municipal Building272 Document G701™ – 2017 Change Order AIA Document G701™ – 2017. 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User Notes: (3B9ADA4B) 1 PROJECT: (Name and address)CONTRACT INFORMATION:CHANGE ORDER INFORMATION: 108820 Elk River Municipal Utilities - Field Services Building Contract For: Construction Manager at Risk Change Order Number: 001 Elk River Date: January 12, 2021 Date: May 6, 2021 OWNER: (Name and address)ARCHITECT: (Name and address)CONTRACTOR: (Name and address) Elk River Municipal Utilities Kodet Architectural Group Ltd RJM Construction 1705 Main St. Elk River, MN 55330      15 Groveland Terrace Minneapolis, MN 55403      830 Boone Avenue North Golden Valley, MN 55427      THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Owner accepts Alternate #4 (Individual VAV at Offices). The contract is to be increased by $25,759.00.      The original Guaranteed Maximum Price was $12,180,926.00 The net change by previously authorized Change Orders $0.00 The Guaranteed Maximum Price prior to this Change Order was $12,180,926.00 The Guaranteed Maximum Price will be increased by this Change Order in the amount of $25,759.00 The new Guaranteed Maximum Price including this Change Order will be $12,206,685.00 The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be 8/12/22 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Kodet Architectural Group Ltd RJM Construction Elk River Municipal Utilities ARCHITECT (Firm name)CONTRACTOR (Firm name)OWNER (Firm name) SIGNATURE SIGNATURE SIGNATURE Edward Daniel Kodet III, AIA Chris Kerzman PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE 5/6/2021 273 ALTERNATES ESTIMATE DATE: PROJECT: ARCHITECT: DRAWING DATE: $12,180,926 ALTERNATES:VALUE Y N M Alt #1 $35,060 Alt #2 $25,449 Alt #3 $158,661 Alt #4 $25,759 Alt #5 $42,101 TOTAL $12,180,926 April 8, 2021 Elk River Municipal Building Kodet March 19, 2021 Total Construction Estimate: Paint Metal Deck & Joist in Vehicle Storage 112, Maintenance Shop 117, Inventory 118, Mezzanine Storage 221, Storage 221A, and Lube Cube 221B. Paint Interior Face of Precast Walls in Vehicle Storage 112, Maintenance Shop 117, Inventory 118, Mezzanine Storage 221, Storage 221A, and Lube Cube 221B. Construct Storage Bins on East Side of Site Individual VAV at Offices Building Automation PAGE 1 OF 1274 ID Task NameDuration StartFinish0Elk River Municipal Utilities Field Services Facility292 daysWed 3/24/21Fri 5/13/221Preconstruction147 daysWed 3/24/21Tue 10/19/212Project Award1 dayTue 4/13/21Tue 4/13/213Design & Budget Estimates15 daysWed 3/24/21Tue 4/13/216Government Reviews & Permitting36 daysTue 3/30/21Tue 5/18/2114Subcontractor Bidding & Procurement147 daysWed 3/24/21Tue 10/19/2152Construction230 daysMon 6/21/21Fri 5/13/2253Pre-Installation Meetings170 daysThu 9/9/21Mon 5/9/2269Site Work230 daysMon 6/21/21Fri 5/13/2270Phase 122 daysMon 6/21/21Wed 7/21/2181Phase 2207 daysThu 7/22/21Thu 5/12/22103Phase 320 daysMon 4/18/22Fri 5/13/22115Building 208 daysThu 7/22/21Fri 5/13/22128Precast Concrete44 daysMon 7/26/21Fri 9/24/21116Foundation Construction47 daysThu 7/22/21Mon 9/27/21141Waterproofing6 daysWed 9/29/21Wed 10/6/21144MEP - Underground14 daysTue 9/21/21Fri 10/8/21167Exterior Stone Veneer8 daysFri 10/15/21Tue 10/26/21151Weather Barrier2 daysTue 11/23/21Mon 11/29/21166Set Roof Mechanical Units2 daysMon 11/29/21Wed 12/1/21133Structural Steel Columns, Beams, Decking35 daysThu 10/14/21Mon 12/6/21158Roofing17 daysMon 11/15/21Fri 12/10/21153Exterior Windows and Doors53.5 daysMon 9/27/21Mon 12/13/21147Exterior Sheathing20 daysMon 11/15/21Wed 12/15/21211Owner Supplied Equipment1 dayMon 2/21/22Mon 2/21/22169Interiors99 daysMon 10/25/21Wed 3/16/22203Inspections & Project Completion43 daysMon 2/21/22Thu 4/21/22199Site Improvements166 daysTue 9/21/21Fri 5/13/223%5%100%50%15%5%0%0%0%0%0%0%0%0%0%0%0%0%0%0%0%0%0%0%0%0%0%0%Apr 4Apr 25May 16Jun 6Jun 27Jul 18Aug 8Aug 29Sep 19Oct 10Oct 31Nov 21Dec 12Jan 2Jan 23Feb 13Mar 6Mar 27Apr 17May 8May 29Apr '21May '21Jun '21Jul '21Aug '21Sep '21Oct '21Nov '21Dec '21Jan '22Feb '22Mar '22Apr '22May '22CriticalCritical SplitCritical ProgressTaskSplitTask ProgressManual TaskStart-onlyFinish-onlyDuration-onlyBaselineBaseline SplitBaseline MilestoneMilestoneSummary ProgressSummaryManual SummaryProject SummaryExternal TasksExternal MilestoneInactive TaskInactive MilestoneInactive SummaryDeadlineElk River Municipal Utilities Field Services FacilityPage 1 of 1 Thu 5/6/21275