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Elk River Municipal Utilities Commission Meeting Minutes <br />July 13, 2021 <br />Page 2 <br /> <br />Moved by Commissioner Westgaard and seconded by Commissioner Bell to approve the <br />Consent Agenda as follows: <br /> <br /> 2.1 June 2021 Check Register <br /> 2.2 June 8, 2021 Regular Meeting Minutes <br /> 2.3 June 8, 2021 Closed Meeting Minutes <br /> 2.4 Summary of General Manager Performance Review <br /> <br /> Motion carried 5-0. <br /> <br />3.0 OPEN FORUM <br /> <br />No one appeared for open forum. <br /> <br />5.3 Field Services Facility Expansion Project – Award and Assign Construction Contract <br /> <br /> Mr. Kerzman provided the Commission and staff with handouts, including the bid tabulation, <br />letter of recommendation, and resolution needed by RJM Construction to enter a contract <br />with Briese Iron Works as the 5A1 Steel Material contractor for a total of $172,730. Mr. <br />Kerzman informed the Commission that while this bid process, which is a result of the default <br />of the original contractor, has caused higher material costs, it will not raise the guaranteed <br />maximum price provided by RJM Construction; the proposed contract would draw money <br />from contingency funds. There was discussion. Mr. Kerzman then introduced Jim Strommen <br />from Kennedy & Graven Chartered in attendance to provide counsel on the construction <br />contract. <br /> <br /> Mr. Strommen provided an update for the Commission on the discussion around what <br />portion of the price difference should be taken out of contingency funds. There was <br />discussion. <br /> <br /> Commissioner Westgaard noted that a plan to fund a portion of the difference in steel work <br />with contingency money could create challenges in the future by depleting the fund early in <br />project. Commissioner Westgaard requested that the Commission discuss the prospect of <br />covering the difference from another fund at the next commission meeting. There was <br />agreement. <br /> <br /> Mr. Kerzman provided an update on the progress of the construction. There was discussion. <br /> <br /> Moved by Commissioner Stewart and seconded by Commissioner Nadeau to adopt <br />Resolution No. 21-14 Awarding and Approving the Assignment of Construction Contract to <br />RJM Construction for Quote Category 5A1. Motion carried 5-0. <br /> <br />4.0 POLICY & COMPLIANCE <br /> <br />29