ERMU RES 21-3 RESOLUTION NO. 21-3
BOARD OF COMMISSIONERS
ELK RIVER MUNICIPAL UTILITIES
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL
UTILITIES 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 final Contract amendments will require 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.
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:
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
5A- Structural Steel Materials Thornberg Steel $829,000.00
NOW,THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF
ELK RIVER MUNICIPAL UTILITIES,that the assignment of construction contract for bid
category 5A to RJM Construction for the Elk River Municipal Utilities Field Services
Facility Expansion Project in the amount of$829,000.00 is approved.
This Resolution Passed and Adopted this 31st day of March, 2021.
10
J. J. I ietz, air
There Slominski, General Manager