5.4 ERMUSR 02-08-202276
RESOLUTION NO. 22-2
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 UTILITIES 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, no quotes were received for quote category 11A at the time of bid opening,
and RJM has since received quotes for this quote category; and
WHEREAS, the low bidder for quote category 11A – Vehicle Wash Equipment is Lube-
Tech Reliable Plus, Inc. with a quoted amount of $59,476.88;
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
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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.
QUOTE CATEGORYCOMPANY AMOUNT
11A -Vehicle Wash Equipment Lube-Tech Reliable Plus, Inc. $59,476.88
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF
ELK RIVER MUNICIPAL UTILITIES, that quote category 11Abe awarded to Lube-Tech
Reliable Plus, Inc., and the assignment of construction contract for quotecategory 11A
to RJM Construction for the Elk River Municipal Utilities Field Services FacilityExpansion
Project in the amount of $59,476.88is approved.
th
This ResolutionPassed and Adopted this 8 day of February 2022.
John J. Dietz, Chair
Theresa Slominski, General Manager
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UTILITIES COMMISSION MEETING
TO:FROM:
ERMU Commission Dave Ninow
MEETING DATE: AGENDA ITEM NUMBER:
February 8, 2022 5.5
SUBJECT:
Amendment to Verizon Non-Exclusive Tower Attachment Lease Agreement for Johnson Tower
ACTION REQUESTED:
Approve First Amendment to Verizon Non-Exclusive Tower Attachment Lease Agreement for
Johnson Tower
BACKGROUND/DISCUSSION:
Verizon Wireless has requested to increase the numberof cellular antennas attached to our
Johnson Street Water Tower from six to nine. Increasing the number of attachments listed in
the original lease requires an amendment to the lease.
The amendment adds additional rent equal to $3,288.51 per year (8.33% of the current Lease
Payment amount of $39,477.95).
The First Amendment to Non-Exclusive Tower Attachment Lease Agreement is still being
finalized by the attorneys and will be provided at the time of the commission meeting.
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