5.4c ERMUSR 08-10-2021RESOLUTION NO. 21-15
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, bid category 5A was awarded to Thornberg Steel on March 31, 2021, and the
Contractor for bid category 5A has since defaulted on their contract and the contract
has been terminated; and
WHEREAS, RJM has identified a separate and distinct quote category 5A2 that includes
the supply and fabrication of structural steel for area B and miscellaneous metals, that
was advertised for bids by ERMU on July 17th; and
WHEREAS, ERMU received and opened bids on August 9th
WHEREAS, RJM is recommending award of quote category 5A2 – Structural Steel &
Misc. Metals - Materials to Briese Iron Works, Inc.
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:
HANDOUT AT MEETING - RESOLUTION AWARDING AND APPROVING ASSIGNMENT OF CONTRACT
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
5A2 - Steel Materials Briese Iron Works $421,150.00
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF
ELK RIVER MUNICIPAL UTILITIES, that quote category 5A2 be awarded to Briese Iron
Works, Inc., and the assignment of construction contract for quote category 5A2 to RJM
Construction for the Elk River Municipal Utilities Field Services Facility Expansion Project
in the amount of $421,150.00 is approved.
This Resolution Passed and Adopted this 10th day of August, 2021.
John J. Dietz, Chair
Theresa Slominski, General Manager